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SERVED: June 19,2014

U.S. DEPARTMENT OF TRANSPORTATION

OFFICE OF HEARINGS

WASIDNGTON, DC

Docket No. OST-2013-0066

In The Matter Of: )

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(Enforcement Proceeding)

FRIENDSHIP AIRWAYS, INC.

d/b/a YELLOW AIR TAXI, and

CHRISTOPHER BEHNAM

Respondents

ORDER FINDING RESPONDENTS IN DEFAULT

On October 25,2013, an Order Directing Respondents to Show Cause Regarding

OAEP'S Motion for Default Finding was filed.

As oftoday's date, June 20, 2014, the Respondents have failed to comply with the

October 25,2013 Order, and have not participated in this proceeding in any way.

DISCUSSION . I

As noted in the October 25, 2013 Order, there are two stages to any default request: (1)

the establishment of the default, and (2) the potential entry of a default judgment. See, BaickerMcKee, et.al, Federal Civil Rules Handbook, West Publishing (2012)(Rule 55(a)-[Default]

Distinguished from Default Judgment). This Order addresses the establishment of defauljI. Establishment of the Default

Among other things, the October 25,2013 Order set a deadline of November 20,2013,

for Friendship Airways, Inc. d/b/a Yellow Air Taxi ("Friendship") and Mr. Christopher Behnam

(collectively "Respondents") to file a response (if any) to the Office of Aviation Enforcement

and Proceedings' ("OAEP") Motion for Default Judgment ("Motion"). Specifically, the

Respondents were given the opportunity to show cause (if any) as to the following: 1) why the

OAEP's multiple proof of service submissions of its Enforcement Complaint ("Complaint") and

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Motion on Mr. Behnam and on Friendship should not be deemed adequate proof of service; and,

2) why a finding of default should not be entered against the Respondents. The October 25,
2013 Order also provided notice to the Respondents that their failure to file the requested show

cause statement(s) could result in a finding of default.

Pursuant to 49 V.S.C. § 46103(b)(1) and14 C.F.R. §302.7(b), a complaint may be served

by personal service or in the alternative, by registered or certified mail. 1 Pursuant to 14 C.F.R.

§302.7(c), service of Friendship's Complaint could be made upon Mr. Christopher Behnam, in

his capacity as the President of Friendship.

The OAEP's submissions of proof established that both Friendship and Mr. Christopher

Behnam received the OAEP's April 3, 2013 Complaint on April 26, 2013 by certified mail

(Motion, 2, and Attmt A; Supplemental Proof, Attmt. G). Shortly thereafter, the OAEP's June

6,2013 Motion was received by both Friendship and Mr. Christopher Behnam on July 29,2013

by certified mail. (Supplemental Proof, 6-7; Attmt. H). The OAEP properly served both

Respondents (i.e., Mr. Behnam as an individual Respondent, and also as President of Respondent

Friendship) when it sent the Complaint, and the subsequently filed Motion, by certified mail to

Mr. Behnam at his address of record, i.e., 2680 N.E. 24th Street, Pompano Beach, Florida, 33064.

Neither Friendship nor Mr. Behnam filed an Answer.

Entry of a default finding is proper when "a party fails to plead or to 'otherwise defend"'.

Steven Baicker-McKee, et.al, Id. In the case herein, neither Friendship nor Mr. Christopher

Behnam have appeared, plead, or defended. In addition, neither Respondent has filed any show

cause response or other submission in this proceeding since the October 25,2013 Order was

filed. Indeed, the record amply demonstrates that the Respondents have been silent since the

OAEP filed its Complaint.

II. Conclusion and Order

The OAEP's Motion for a default finding in this proceeding against both Friendship and

Mr. Christopher Behnam should be granted.

Pursuant to 49 C.F.R. §§ 302.6(a), 302.11(c) and (g), and after reviewing all documents,

relevant caselaw, regulations, statutes, and being fully advised:

I Other methods of service are also allowed, so long as the service has the same attributes as required by U.S.c. §

46103. This issue was addressed at length in the October 25,2013 Order, and will not be re-addressed herein.

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IT IS HEREBY ORDERED:

1. The OAEP's Motion for a default finding in this proceeding is granted.

2. Respondents Friendship Airways, Inc. d/b/a Yellow Air Taxi ("Friendship") and Mr.

Christopher Behnam have failed to appear or answer in this action, and they are each in

in default. .

3. A separate ruling will issue shortly on the OAEP's motion for default judgment.

Attachment: Service List

Page 3 of 3
SERVICE LIST

ORIGINAL & ONE COpy

U.S. Department of Transportation

Dockets Operations, M-30

West Building, Ground Floor

Room W12-10

1200 New Jersey Avenue, S.E.

Washington, DC 20590

ONE COPY

Ms. Laura Jennings

Mr. Samuel Podberesky

Complainant's Counsel

Office of Aviation Enforcement and Proceedings, C-70

U.S. Department of Transportation

1200 New Jersey Avenue, S.E. (W96-43I)

Washington, DC 20590

TEL: 202-366-0966

Friendship Airways, Inc.

d/b/a Yellow Air Taxi

Respondent

2680 N.E. 24 Street

Pompano, FL 33064

Mr. Christopher Behnam

Respondent

President and Owner, Yellow Air Taxi

2680 N.E. 24 Street

Pompano, FL 33064

Judge J.E. Sullivan

Us. Administrative Law Judge

U.S. Department of Transportation

Office of Hearings, M-20

1200 New Jersey Avenue, S.E. (E11-310)

Washington, DC 20590

TEL: 202-366-2142

FAX: 202-366-7536

Docket No. OST-2013-0066