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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: ) ) ) ) ) ) ) (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 ofthe default, and (2) the potential entry ofa 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 ofdefaul j



### I. Establishment ofthe Default Among other things, the October 25,2013 Order set adeadline ofNovember 20,2013, for Friendship Airways, Inc. d/b/a Yellow Air Taxi ("Friendship") and Mr. Christopher Behnam (collectively "Respondents") to file aresponse (if any) to the Office ofAviation Enforcement and Proceedings' ("OAEP") Motion for Default Judgment ("Motion"). Specifically, the Respondents were given the opportunity to show cause (ifany) as to the following: 1)why the OAEP's multiple proof of service submissions ofits Enforcement Complaint ("Complaint") and

. . I Motion on Mr. Behnam and on Friendship should not be deemed adequate proof of service; and, 2) why a finding ofdefault 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 afinding ofdefault. Pursuant to 49 V.S.C. § 46103(b)(1) and14 C.F

.R. §302.7(b), acomplaint 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 ofFriendship's Complaint could be made upon Mr. Christopher Behnam, in his capacity as the President ofFriendship. The OAEP's submissions ofproof 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 ofrecord, i.e., 2680 N.E. 24thStreet, 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. Inthe 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 inthis 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 adefault finding inthis 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. Page 2 of3IT IS HEREBY ORDERED:

1. The OAEP's Motion for adefault 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 inthis 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 3SERVICE LIST ORIGINAL & ONE COpy U.S. Department ofTransportation Dockets Operations, M-30 West Building, Ground Floor Room W12-10 1200New Jersey Avenue, S.E. Washington, DC 20590 ONE COPY Ms. Laura Jennings Mr. Samuel Podberesky Complainant's Counsel Office ofAviation Enforcement and Proceedings, C-70 U.S. Department ofTransportation 1200New 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 ofTransportation Office ofHearings, M-20 1200New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 Docket No. OST-2013-0066