Document 104-19 Filed 12/01/2008 Page 1 of 18 I IN-THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION CIVIL ACTION NO. CV606-89 NICOLAS - ANSELMO JORGE GREGORIO CATALINO on beha1f Of themse1ves and a11 other Simi1ar1y Situated persons, P1aintiffs, . VS. . DELBERT C. BLAND d/b/a BLAND FARMS, BLANO FARMS, MICHAEL BRYAN BELL, MANPOWER ?*Jii? l?"u OF THE AMERICAS, AND CONSULAR :33 ?4 SERVICES INTERNATIONAL, EITR Defendants. 5.1 I Of -SARAH EURY FARRELL Vo1ume 1 -At PinehurstI North Caro1ina October 9th, 2008' Repofted by: L. Ha11, RPR Court Reporting Services 0 (919) 832-4114 I (704) 543-7103 0 (300) 289-1017 0 Fax (919) 832-4181 PO. BOX 10728 a 600 Wade Avenue, Ste 0 Raleigh, NC 27605 I Crsraieigh@crsraieigh.com Case Document 104-19 Filed 12/01/2008 Page 2'of 18 . i Page 2 Sarah Eury'FarreI] - A A 5 FOR THE PLAINTIFFS: ROBERT J. WILLIS, Attorney af Law LAW OFFICES OF ROBERT J. WILLIS West Hargett Street, SLite 404 RaIEigh, North CarOIina 27601 P. O. Box 1269 Raleigh, North Carolina 27602 (919) 821?9031 FOR THE DEFENDANT BLAND FARMS: WILLIAM E. DILLARD, Attorney at Law BRENNAN WASDEN, LLP 411 East.Liberty Street:- _Savannah, Georgia 31401 O. Box 8047 I Savannah, Georgia 31412 (912) 232?6700 Court Reporting Services 919-832-4114 Case Document 104-19 Filed 12/01/2008 Page 3 of 18 Page 3 Sarah Eury FarreTT A E.A A 5 (continued) FOR INTERNATIONAL LABOR MANAGEMENT CORPORATION: w. R. LOFTIS, Attorney at Law ACONSTANGY BROOKS AND SMITH, LLP 100 N. Cherry Street Winston?SaTem, North CAROLINA 27101?4016 (336) 721~1001 ALSO PRESENT: Sharon B. BTand Farms Court Reporting SerVices 919?832?4114 Document 104-19 Filed 12/01/2008 I Page 4 of 18 Page 4 Sarah Eury Farre11 PAGE BY MR. WILLIS . . . . .-. . . 5 .EXHIBITS .(No exhibits marked for this deposition. A11 exhibits referred to have been previously marked in other depositions.) Court Reporting ServiCes' 919-832-4114 Case Document 104-19 Filed 12/01/2008 I Page 5 of 18 Page 5 Sarah Eury Farreii' 0 I 6.5 2 SARAH EURY FARRELL, having been duiy sworn, was 3 examined and testified as fo1iows: 4 (Mr. Loftis not present.) 5 . EXAMINATION BY MR. WILLIS You're to}? name, a?d 1'11 stop with that. ow C: 7 A Sarah Eury Farreii. 8 We'ii wait unti] you get untii your attorney 9 gets back. 10 (Mr. Loftis present.) 11 You were subpoenaed to be here, Ms. Farreii; is '12 that correct? 13 A Yes. 14 And what's your.street address or residence? 15 3 A 406 North Popuiar Street, in Aberdeen, North 16 Caroiina. 17' Q- And what's the teiephone number that rings in the 18 house? 19 - A (910) 757?0022. '-20 I And do you have a ceii phone? 21 I A .Yes, I do." 22 And what's that number? 23' A (910) 690?7183. IAnd is that your persona] ceii phone? Court Reporting Services 919?832?4114 Case Document 104-19 Filed 12/01/2008 Page Page 6' Sarah Eury Farreii 1 . It is a company cei] phone. 2 And-do you have a personai ceii phone? 3 A No. 4 And you're empioyed by Internatibna] Labor 5 Management Corporation? am. l-i 6 A -Yes, 7 And when did you first start working For that 8 company? 9_ A January of 2003. 10 And when you started in January 2003, you started 11 with what job titie or function? 12 A At that time my position was supervisor. 13 And has your position changed since that time? 14 A Yes, it has. 15 I And when was that? 16 A Let's see. I became vice?president in the iatter 17 part of 2007, I think. And I became president I 18 think in Aprii of this year. 19 I And the Internationai Labor Management 20 -Corporation, as of Aprii of this year, were there 21 any sharehoiders of that particuTar corporation 22 I to your knowiedge? '23 Not to my knowiedge. 24 And did a person by the name of Weii, you know Court Reporting Services 919?832?4114 Case Document104i?19. I Filed'12/O1/2008 Page7of18 . . Page 7 Sarah Eury Farre11 a person by the name of Craig Stan Eury, Jr., 2 - - right? 3 A Yes; I beiieve I know him. And he is your father, right? '5 A Yes. 6 As of Aprii 2008, he no Tonger had any roie in 7 that company whatsoever; is that what you're - 8 saying? 9 A He does sti11 have a roie, but I'm not I'm 10 unc1ear as.to what it is now. 11' I'm not either. That's why I'm here. That's why 12 I'm asking the questions. 13 A Right. I 14 i So as you understand it, can he teii you what to '15 do and you have to do_it? 16 A . Yes. 17 And that hasn't changed since when you started? 18 A Right. I 19 Directing your attention to Piaintiff's Exhibit 20 Number 4, perhaps you can assist us with this 21 question that's_been raised. 22 The Tist that's first of a11, you were 23 present during'the entire deposition of Jenee 24 -Schie1er, right? Court Reporting Services 2919?832?4114 Case Document 104-19 Filed 12/01/2008 Page 8 of 18 Page 31 Sarah Eury Farreii' A I don't reca11 having that understanding. 2 And when you say you don't recaii, are you saying 3 you don't remember one way or the other, or are 4 'you affirmativeiy denying that you had any such 5 knowiedge? I 6 A I?m saying that I don?t remember one_way or the 7- otherl I 8 And again, going back to this same phrase at page? . 9 440 of Piaintiff's Exhibit 6, excuse me, I 10 Piaintiffis'Exhibit 7, is it aiso your testimony 11 under oath that you had no knowledge one way or 12 I another 1et me rephrase that question. I '13 I Is it aiso your testimony under oath that 14 with respect to recruiting fees charged by C.S.I, 15 I agents in 2007, that you don't remember one way 16 or another whether you knew that those recruiting 17 fees were paid by Biand Farms, 18 A That is correct. 19 Now, in terms of making arrangements to get 20 workers contacted when you have ciients 1ike 21 Biand Farms, L.L C. in 2005 and 2006, and 2007, 22 what arrangements, if any, does I.L.M.C. make or 23 did they make to secure the services of a- 24 recruiter for the workers identified by your Court Reporting Services 919?832~4114 Case. Document 104-19 Filed 12/01/2008 Page 9 of 18 Page 32 sarah Eury Farreii ciient, Biand Farms, 2 I A Can you repeat the question piease? 3 Hi Let me direct your attention to Piaintift's '4 Exhibit Number 2, Ms. Eury. 5 A Farrel]. 6. Ms. Farrei], excuse me. Page 2. First 7 paragraph. 8 MR. LOFTIS: where are you, Bob?_ 9 - MR. WILLIS: Page 2, Piaintiff's Exhibit 2. 10' MR. DILLARD: Piaintiff's 2? 11 . MR. LOFTIS: Yes. 12 I WILLIS: Yes. 13 . (Ms..Spe11 exits roomBack.in 2001 when and 2000 when yOu started 16 with-the company in 2003, the entity that did the 17 recruiting for ciients of I.L.M.C. was Manpower 18 of America as is indicated here at page 2 of this 19 - - exhibit, right? 20 Correct. 21 I And starting-at some point in 2005, that entity 22 was repiaced by C.S.I., correct? 23' AI Yes. 24 And as part of providing the service that Court Reporting Seryices 919?832?4114 Case Document 104-19 Filed 12/01/2008 . Page 10 "of 18 Page 33 Sarah Eury Farreii 1 provided to ciients 1ike Biand Farms 2? L.L.C., you worked with, meaning I.L.M.C. werked .with C.S.I. in 2005, 2006 and 2007 so that it 4 wou1d handie a1] the necessary recruitment 5 services and provide timely replacement workers, 6 I right? I I 7 A Yes, but some ciients of I.L.M.C. used another 8 'recruiter if they chose to. 9 I with reSpect to Biand Farms, L.L.C., they chose 10 to use C.S.I., correct? 11 A . Correct. 12 And in terms OF who they chose -- whom they chose I er what entity they chose to do or provide 14 recruiting services in 2005, 2006, 2007, did they 15 communicate directiy, to your understanding, in 16 each of those years with and it's owner, 17 Mike 18 A Yes. 19 -And in 2005 and 2006 and 2007, after you became 20 vice?president of 1.L.M.C., is it your testimony! 21 under oath that yOu had no knowiedge whatsoever I 22 as to what the arrangements were between your 23 ciient, Biand Farms, L.L.what, if any, payment B1and Farms, L.L.C. was to Court Reporting Services 919-832?4114 Case Document 104419 Filed 12/01/2008 Page_11 of 18 . Page 34 Sarah Eury Farreii 1 'make to 5.1. for any services that 2 provided to Biand Farms; L.L.C. by way of 3 recruitment? 4 A That's correct. And did did yoL offer any alternative to Bland 6 Farms, L.L.C. as a recruiter other than C.S.I. in 7 any of those three years? 8 A I don't recaii doing so. I And to your knowiedge, did either your father or 10 or you receive any compenSation or 11 payment from 5.1. in any of those three years .12 in exchange for or baSed upon the referra] that 13' . you made of Biand Farms, to to be' 14 the recruiter for Biand Farms, L.L.C. in any of 15 those three years? 16' A No. 17 Now, iet me direct your attention back to the 18 . Piaintift's Exhibit 6, page 390. 19 This is an e?maii down there at the bottom 20 from MS. Bouwense directed to you dated January 21 9, 2007, subject, recruiting fees. 22 And the question there is to you: you 23 piease provide me the amount of the recruiting 24- fees from 2004, 2005 and 2006?" Court Reporting Services 919?832?4114 Case Document 104-19 Filed 12/01/2008 Sarah Eury Farrei] ID 0 . JD DO you see that? Do I see that in the top part? Down at the bottom. Okay, yes, I see it. uh? And the question as yo- 1nderstood it was recruiting fees charged by C.S.I. for the services excuse me. Rephrase the question. And the question, as you understood it, was recruiting fees or fees of some kind charged by C.S.I. or 5.1. agents to workers Who received services frOm either_C.S.I. or C.S.I. agents to. assist them in getting visas in terms of the paperwork protessing, and getting to the - consoiate, coiiecting the passports, and that kind of stuff? 1 That is my understanding of the term "recruiting fees." And those recruiting fees, going back to page 555 of Piaintiff's Exhibit 8, inciude the service Fee that's referred to in the iast sentence of the third paragraph there where it says: ?It is oniy iogicai that the agents wouid do everything in. their poWer coiiect this service fee," right? Yes. Court Reporting.Services' 919?832?4114 Page12c?18 Page 35 Case Document 104-19 Filed 12/01/2008 Page 13 of 18 . Page 36 Sarah Eury Farrell 1 And in response to that e-mail you sent an e~mail' 2 that?s copied at page 391, in part, where it 3 states: "In this case we don't recruit workers 4 so I don't know what the fees are and neither 3 does anyone else here; We have a ballpark idea 6 of what they were last year, but that?s it. 'This 7 is a specific case where C.S I. needs to be - 8 contacted for that specific information_because _9 it is fees that they set and they are more in 10 -. 'touch with what the U.S. government and Mexican I -11 government charge the workers as well." 12 Do you see that? 13 I Yes. I 14 And the ballpark idea of what you had as of 15' January 17, 2007 in terms of what they were in 16 2006 was what? 17 A _Four hundred dollars. 18 And directing your attention to page hold your 19 hand on that, if you would, on page 391, and 20 direct your attention to page 410. 21 A In the same 22 In the same exhibit. 23 A exhibit? 410? 24 410. Court Reporting services 919?832?4114 Case Document 104-19 Filed 12/01/2008 - Page 14 of 18 Page 37 . Sarah Eury Farreii A Okay. 2 And that's the amount that's referred to there in 3 paragraphs 1 and 2 that were where it?s 4 indicated from Ms. Bouwense to Mr. Beii that tw0' 5 recrLiters there specified by name were still 6 going to charge our workers $400, right? 7 A - I see that.~ 8 And to your knowiedge what,_if anything, was done 9 about whether those recruiters wouid continue to 10 charge $400 in 2007 to the workers that were- 11 being contacted and recruited by 0.5.1. to come 12 to work for your ciient, Biand Farms, in 2007? 13 A what they were going to do don't understand 14 your question. 15 To your knowiedge what, if anything, was done 16 about this expressed intent to continue to charge 17 . workers $400 by recruiters working as agents for 18 C.S.I. in terms of whether they were aiiowed to 19 charge that, not aiiowed to charge-that, or 20 . charge a iesser amount, or anything? 21 A I don't know. 22 MR. LOFTIS: Bob, if you can get a line 23 . down, my mind has turned compieteiy_to mush. 24 . MR. WILLIS: i've got five minutes to six. Court Reporting Services 919e832?4114 Case Document 104-19 Filed 12/01/2008 Page Sarah Eury Farre11 Page 38 1'11 be through by six. MR. LOFTIS: okay. BY MR. WILLIS: And directing your attention back to page 391 of the same exhibit; MR. which one is that? MR. WILLIS: Ethibit'6. I BY MR . WILLIS: The fees that are referred to there that you had a ba11park idea of what they were in 2006, they were fees that were paid by the workers to C.S.I. or agents, right? That was my understanding, yes. And then you went on to state that:- "This is a 'specific case where C.S I. needs to be centacted for that specific information but because it is" "it is fees that they set and they are more in touch with what the U.S. gOvernment and Mexican governments charge workers as we11," right? Yes, that's what it says. Now, in terms of the services that Ms. Schie1er 'deSCribed?that C.S.I. provided those workers for that were going to come work with B1and Court Reporting Services 919"832?4ll4 Case Document 104-19 Filed 12/01/2008 Page 16 of 18 Page 39 Sarah Eury Farreii 1 Farms, L.L.C. in 2005, 2006 and 2007, and 2 Mr. Biand before that, and the services the 3 agents provided, was it your understanding that 4- those services were to be provided without charge 5 to the workers?~ 6 - A No, that was not my understanding. 7 And direct your attention to Piaintiff?s Exhibit 8 8 again, page 555, and I think we'11 stop here, I 9 I seems to be a good piace to stop for the day, 10 it's that same e~mai1 weive iooked at'before. _In 11 this particuiar e?maii in the third paragraph 12 I that I referred you to previous. I 13 MR. LOFTIS: Hoid on a second, because she 14 does haven't the .15_ - MR. I'm sorry. 16 MR. LOFTIS: That's Okay. 555? 17 I BY MR. WILLIS: 18 Right. In this particuiar e?maii, Aprii 2, 2007, 19 - . in the third paragraph that I referred you to 20 before, underneath the word "Therese," there is a' 21 I reference in the first sentence after the 22 semi?coion to a situation when the empioyers are 23 paying the fees, right? 24 A Yes, I see it. Court Reporting Services 919?832?4114 Case Document 104-19 Filed 12/01/2008 Page 17 of 18 Page 40 Sarah Eury Farreii 1 I And then it goes on to say: "They have nothing _2 invested," meaning the workers, right? 3 (Ms. Speii returns.) 4 A Is that in the same paragraph? 5 Yes, right after the 6 A _Oh, okay. I see. -I see it, yes. 7 And then it goes on he goes on to say: '"This 8 is a huge probiem with my ciients that are paying 9 for visa, interview and other fees."' 10 Do you see that? I 11 A Yes. I 12 And as you understand this e?maii, what Mr. 3e11, 13' the point Mr. Beii-is trying to make, at 1east in 14 that paragraph, is that where empioyers are 15 paying a1] tees connected with the workers coming 16 to the United States to work on their visa, 17 the workers have nothing invested and engage in 18 the kind of condUct that he described there, 19 right? 20 A I think that's what he's saying, yes. 21 And in circumstances where the worker does have 22 something invested in the form of paying the 23 visa, the interview, and other fees,_then there 24 is 1ess of the kind of conduct that-he's Court Reporting Services- 919?832?4114- Case Document 104-19 Filed 12/01/2008 Page 18 of 18 Page 41 Sarah Eury Farreii describing_there by the workers, right? 2 A I mean, you're asking me to_specu1ate on 3 I'm just asking you what your understanding is, _4 . basicaiiy, what he's saying there is that when 5 the workers do have something invested in the 6 form of paying the visa, interview, and other 7 fees, rather than the empioyers doing that, that 8 there's iess of the kind of conduct by the 9 workers that he describes there in that 10 - paragraph, right? 11 A . I think that's what he's saying, yes. 12 - . with that we'ii break for the day. 13- MR. DILLARD: Am I geing to be abie to cross 14 iater? I I 15 MR. WILLIS: Yeah, we'ii make arrangements '16 for her to come back. I'm not finished, either. 17 DILLARD: That's fine. I '18 . I (Signature reserved.) 19 . (Deposition of SARAH EURY FARRELL was 20 adjourned at 5:55 21 22 23 24 Court Reporting Services 919?832?4114