Santiago’s Repacking Inc.; U.S. v.

Delano Farms is a grower of table grapes. (Doc. 150, p. 2:5-6). The company has been in operation for more than nineteen years and owns approximately 6,300 acres of vineyards in the Central Valley. (Doc. 150, p. 2:7-8). Since its inception, Delano Farms has structured its business to be streamlined and lean. (Doc. 150, p. 5:13). As a result, Delano Farms outsources many of its farming functions. (Doc. 150, p. 5:14). The primary field tasks performed in-house are fertilizing the crops, preparing the fields for planting, irrigating the plants, vineyard repair, vineyard cleanup, and other tractor work. (Doc. 150, p. 5:14-16). All other farming tasks are performed by various contractors. (Doc. 150, p. 5:16-17). TR Bangi and Cal-Pacific (jointly referred to as 'Contractor') are farm labor contractors who specialize in providing field employees to grape growers. (Doc. 150, p. 2:15-17). TR Bangi has provided labor contracting services to Delano Farms since its inception. (Doc.115, 7; Doc.116, 7). Cal-Pacific provided farm labor contracting services to Delano Farms from 2004 until 2009. (Doc.116, 9). Contractor does not [*4] own any of the land upon which it performs work. (Doc. 150, p. 50:8). The land and crops belong exclusively to Delano Farms. (Doc. 150, p. 50:9-12). Contractor however, hires the field workers for the harvest season (Doc. 150, p. 32:28-p. 33:1-2), maintains all of the field workers' personnel records (Doc. 150, p. 33:13-14), and generates the payroll for the field workers (Doc. 150, p. 47:16-17). Contractor has also purchased equipment and office furnishings in support of its operations. The value of the equipment owned by Contractor exceeds $750,000. (Doc. 150, p. 47:7). The total estimated cost incurred by Contractor for furnishing and adequately supplying its office is $100,000. (Doc. 150, p. 48:7-8).