Case 2:22-cv-01805-DJH Document 2-2 Filed 10/20/22 Page 1 of 4

EXHIBIT 1
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1 MARC A. PILOTIN
Regional Solicitor
2 BORIS ORLOV
Counsel for Wage and Hour
3 CHARLES SONG (CSBN 204497)
Senior Trial Attorney
4 VICTORIA YEE (CSBN 326366)
Trial Attorney
5 UNITED STATES DEPARTMENT OF LABOR
350 S. Figueroa Street, Suite 370
6 Los Angeles, CA 90071-1202
Telephone: (213) 894-1594
7 Fax: (213) 894-2064
yee.victoria.w@dol.gov
8 Attorneys for Plaintiff Martin J. Walsh
Secretary of Labor
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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14 Case No. [Case Number]
15 Martin J. Walsh,
Secretary of Labor,
United States Department of Labor, DECLARATION OF CHARLES
16 SONG IN SUPPORT OF
Plaintiff, SECRETARY’S MOTION AND
17 v. MEMORANDUM FOR
TEMPORARY RESTRAINING
18 VH Harvesting, an Arizona LLC; ORDER AND ORDER TO SHOW
T&K Feeds, Inc. an Arizona corporation; CAUSE RE: PRELIMINARY
19 Preston Van Hofwegen, an individual. INJUNCTION
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21 Defendants.

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DECLARATION OF CHARLES SONG IN SUPPORT OF SECRETARY’S MOTION AND MEMORANDUM

FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY
INJUNCTION
Case No. [Case Number]
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1 I, CHARLES SONG, declare as follows:

2 1. I am a Senior Staff Attorney with the U.S. Department of Labor, Office of the
3 Solicitor’s Los Angeles regional office. If called as a witness, I could and would testify
4 competently to the following.
5 2. On the morning of October 17, 2022, I informed VH Harvesting and Mr. Von
6 Hofwegen by telephone of their very serious violations of the H2A program and that the
7 Secretary was prepared to file a TRO if the parties could not reach an agreement on
8 preventing the violations. Defendants agreed to stop violating H2A regulations but said
9 they needed time to come into compliance. Later that day, I followed up with an email
10 and included as an attachment a copy of the Job Order from the Department detailing
11 Defendants’ agreements to comply with H2A regulations.
12 3. On October 18, 2022, I emailed Defendants a draft stipulated injunction. That
13 evening, Mr. Rich Elley emailed me indicating his office now represented Defendants.
14 My office emailed Mr. Elley a copy of the Secretary’s Complaint the next morning and I
15 left a message with his assistant midday to please call me regarding the stipulation. I
16 also sent Mr. Elley an email at approximately 1 p.m. to follow up on the stipulation and
17 reminded Mr. Elley of the urgency of this matter and that the Secretary would proceed
18 with the TRO if the parties could not reach agreement on an injunction by yesterday
19 afternoon. I left another urgent message with Mr. Elley’s assistant to call me about the
20 stipulation at approximately 3:30 p.m. Mr. Elley did not return my phone calls but
21 emailed me last night stating he was trying to schedule a meeting with his client and
22 hoped to talk to him in the “next day or so.”
23 4. On October 19, 2022, I telephoned T & K Feeds, Inc. and spoke to its Human
24 Resources Manager Bruce Gurvitz. I asked if I could speak with the owner or attorney
25 and he said I should talk to him. I informed of the urgency of the situation and of the
26 Secretary’s TRO. He said if I emailed him copies of the complaint and stipulated TRO
27 that he would forward them to the owners of T & K Feeds, Inc. As of the signing of this
28 declaration, I have not received any response from T & K Feeds, Inc.
DECLARATION OF CHARLES SONG IN SUPPORT OF SECRETARY’S MOTION AND
MEMORANDUM FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE RE: PRELIMINARY INJUNCTION
Case No. [Case Number] Page 1
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1 I declare under penalty of perjury that the foregoing is true and correct and that this
2 declaration was executed in Los Angeles, CA on October 20, 2022.
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4 /s/Charles Song
5 Charles Song
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DECLARATION OF CHARLES SONG IN SUPPORT OF SECRETARY’S MOTION AND
MEMORANDUM FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE RE: PRELIMINARY INJUNCTION
Case No. [Case Number] Page 2