C-Farhang Aryan -August 13, 2012big.assets.huffingtonpost.com/lasership_aryan_deposition...Case 1:12-cv-00246-GBL-TRJ Document 123-3 Filed 11/21/12 Page 1 of 66 PageID# 3000 MIlton

In The Matter Of:MIlton Manuel Sanchez, et al. v.

Lasership, Inc.

Farhang Aryan

August 13, 2012

195 State Street • Boston, MA 02109

Nationwide - Worldwide

888.825.3376 - 617.399.0130

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Original File Farhang Aryan 8-13-12.txt

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Case 1:12-cv-00246-GBL-TRJ Document 123-3 Filed 11/21/12 Page 1 of 66 PageID# 3000

MIlton Manuel Sanchez, et al. v.Lasership, Inc.

Farhang Aryan August 13, 2012

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF VIRGINIA 3 (Alexandria Division) 4 5 MILTON MANUEL SANCHEZ, et al. 6 Plaintiffs 7 vs. Case No. 1:2012cv00246 8 LASERSHIP, INC. 9 Defendant 10 ____________________________/ 11 12 13 The deposition of FARHANG ARYAN was held on 14 Monday, August 13, 2012, commencing at 10:03 a.m., at 15 the Law Offices of Jackson Lewis, LLP, 10701 Parkridge 16 Boulevard, Suite 300, Reston, Virginia 20191, before 17 Christine A. Gonzalez, CSR, RPR, Notary Public. 18 19 20 21 22 23 24 REPORTED BY: Christine A. Gonzalez, CSR, RPR

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1 APPEARANCES: 2 3 ON BEHALF OF THE PLAINTIFFS: 4 MICHAEL S. RABIEH, ESQUIRE 5 Lichten & Liss-Riordan, P.C. 6 100 Cambridge Street, Suite 2000 7 Boston, Massachusetts 02114 8 Telephone: 617.994.5800 9 Facsimile: 617.994.5801 10 Email: [email protected] 11 12 ON BEHALF OF THE DEFENDANT: 13 PAUL DECAMP, ESQUIRE 14 Jackson Lewis, LLP 15 10701 Parkridge Boulevard, Suite 300 16 Reston, Virginia 20191 17 Telephone: 703.483.8300 18 Facsimile: 703.483.8301 19 Email: [email protected] 20 21 22 23 24

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1 INDEX 2 Deposition of FARHANG ARYAN 3 August 13, 2012 4 5 Examination By: Page 6 Mr. Rabieh 5 7 8 Exhibit No. Marked 9 Exhibit 1 Declaration of Farhang Aryan 30 10 Exhibit 2 Declaration of William 30 11 Deschenes 12 Exhibit 3 Independent Contractor 63 13 Agreement - Edmonds 14 Exhibit 4 Independent Contractor 63 15 Agreement - Medina 16 Exhibit 5 Independent Contractor 63 17 Agreement - Sanchez 18 Exhibit 6 Manifest - Medina 80 19 Exhibit 7 Manifest - Medina 80 20 Exhibit 8 Record of Road Test - Sanchez 99 21 Exhibit 9 Independent Contractor 112 22 Agreement - Sanchez dated July 23 2011 24

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1 INDEX (Continued) 2 Deposition of FARHANG ARYAN 3 August 13, 2012 4 5 Exhibit No. Marked 6 Exhibit 10 Driver Security Rules 119 7 Exhibit 11 Independent Contractor Video 137 8 Certification 9 Exhibit 12 Driver Statement - Sanchez 147 10 dated May 16, 2012 11 Exhibit 13 Declaration of Didier Milongo 165 12 13 14 15 16 17 18 19 20 21 22 23 24

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1 PROCEEDINGS 2 Whereupon, 3 FARHANG ARYAN, 4 called as a witness, having been first duly sworn to 5 tell the truth, the whole truth, and nothing but the 6 truth, testified as follows: 7 EXAMINATION BY MR. RABIEH: 8 Q. Good morning, Mr. Aryan. My name is Michael 9 Rabieh. I represent the plaintiffs in this action.10 This is a deposition.11 Have you been deposed before?12 A. Yes.13 Q. So I'm sure you're familiar with the rules of14 the game, and I'm sure your attorney's explained it to15 you, but let me just briefly set forth the ground16 rules. I'm gonna ask questions and you'll answer them.17 I'll do my best to make them as clear as possible.18 If there's anything you don't understand or19 need clarification on, please let me know, and I will20 attempt to rephrase the question in a way that's clear21 to you, and I ask that you don't speak over me. We22 shouldn't speak over each other.23 We have a court reporter here transcribing24 what we say, and for purposes of a clear transcript,

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1 it's important that you let me finish a question before 2 you begin an answer. 3 Also, you should answer verbally rather than 4 with nods of the head or with "uh-huhs" and that sort 5 of thing. And if there's -- if at any point you need a 6 break, please say so. I just ask that if there's a 7 question pending you answer the question before we take 8 a break. 9 Is that okay?10 A. Understood.11 MR. RABIEH: Okay. And in terms of the12 stipulations, shall we agree that all objections except13 as to form and motions to strike are reserved until14 trial?15 MR. DECAMP: For the most part. Obviously,16 we'll have to do privilege and whatnot during the day,17 but yes.18 MR. RABIEH: Okay. And in terms of the19 transcript, we'd like him to read and sign, but we20 don't insist on it being notarized -- signature being21 notarized. It's fine if he signs under the penalty of22 perjury.23 MR. DECAMP: That's fine.24 BY MR. RABIEH:

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1 Q. Can you state your full name for the record? 2 A. Farhang Aryan. 3 Q. You said you've been deposed before. Can you 4 tell me how many times you've been deposed before? 5 A. I think about twice. 6 Q. In what matters -- in what kind of cases were 7 those depositions? 8 A. Once it was related to our business and once 9 was in my divorce case.10 Q. Okay. And how long ago was the divorce case?11 A. Five years ago.12 Q. And the one related to the business, do you13 mean Lasership's business?14 A. We had -- actually, we had a related business15 on the name Lex, Lex Business Solutions.16 Q. L-e-x?17 A. Yes.18 Q. It was a sister of?19 A. Lasership.20 Q. It was a related company?21 A. It was a related company. Yes.22 Q. And how long ago was that deposition?23 A. I don't remember.24 Q. Can you give a rough estimate? Five years?

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1 Ten years? 2 A. Fifteen years ago. 3 Q. Okay. 4 A. Maybe 12, 15. 5 Q. Okay. And what kind of business did Lex do? 6 A. It was a reprographics company. 7 Q. "Reprographics," what does that mean? 8 A. It worked with law firms providing when it was 9 in discovery stage and companies needed to do10 duplicating of copying of the documents. It was11 litigation support, basically.12 Q. I see. And that had a connection to Lasership13 somehow?14 A. It was common ownership.15 Q. But I'll ask in more detail in a minute. Can16 you describe briefly what the business of Lasership is?17 A. Business of Lasership? We are basically18 brokerage of companies that need boxes or documents to19 be shipped from one point to the other, and we broker20 that for them. We find individuals who can make the21 deliveries for them, and we facilitate the orders for22 the companies who need boxes or documents to be23 delivered.24 Q. Now, that doesn't sound very much like Lex.


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1 Other than common ownership, was there any relationship 2 between Lex and Lasership? 3 A. No. 4 Q. Okay. So Lex has nothing to do with delivery? 5 A. No. 6 Q. And can you tell me the nature of the 7 litigation that you were deposed in? 8 A. I believe it was a company that owed us money, 9 owed Lex Reprographics. Lex, Inc., actually, is the10 legal name, Lex Inc., and it was a matter of11 collections, and they were talking about, you know, who12 placed the order, who asked boxes to be copied and13 things of that nature. I was one of the officers of14 Lex as well.15 Q. And Lex was the plaintiff in that action?16 A. Lex was the plaintiff, yes. The company that17 owed us money was the defendant. I have to play that18 in my mind who was plaintiff and who was defendant.19 Q. Right, right.20 And in what jurisdiction was the litigation?21 Was it in Virginia? Was it Federal court? State22 court?23 A. It was D.C. Lex was headquartered out of24 D.C., and, yeah, so District of Columbia jurisdiction.

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1 Q. But it was a dispute over payment. It had 2 nothing to do with employment? 3 A. No. It was just a matter of receivables. 4 Q. Okay. I'd like to just briefly go over your 5 personal background. What is your date of birth? 6 A. September 18, 1962. 7 Q. Where were you born? 8 A. Tehran, Iran. 9 Q. And when did you move to the United States?10 A. January of 1979.11 Q. And where did you move to in the United12 States, first?13 A. Hyattsville, Maryland, yes; moved to the14 United States.15 Q. And when did you graduate from high school?16 A. 1980.17 Q. And where? In Maryland?18 A. In PG County, Maryland.19 Q. "PG," Prince George's County?20 A. Yes.21 Q. And did you go to college after high school?22 A. Yes, University of Maryland.23 Q. And you graduated from U of Maryland?24 A. Yes.

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1 Q. In what year? 2 A. 1985. 3 Q. And what was your degree in? 4 A. Electrical engineering. 5 Q. And was that a BS? 6 A. Yes. 7 Q. Bachelor of science? 8 A. Correct. 9 Q. Did you have any further education -- formal10 education after that?11 A. I took some classes for master's, probably12 about maybe 24 credits, but did not complete my13 master's.14 Q. That's in electrical engineering as well?15 A. Correct.16 Q. Okay. And after you got your undergraduate17 degree from the University of Maryland -- oh, excuse18 me.19 And where did you take the master's classes?20 A. George Mason University.21 Q. And when did you stop taking those classes?22 A. '86.23 Q. Okay. And what was your first job after you24 got your undergraduate degree?

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1 A. I worked as an independent contractor for MCI. 2 Q. The telecom company? 3 A. Correct. 4 Q. And was that in an engineering capacity? 5 A. It was in engineering capacity. 6 Q. How long did you work for MCI? 7 A. About a year and-a-half. A year and-a-half. 8 Q. And then after that, what was your next job? 9 A. I started working for Laser Courier, Inc.10 Actually, I'll take that back. It was Mahmoud, Inc.11 M-a-h-m-o-u-d. Mahmoud, Inc.12 Q. Does that -- does Mahmoud, Inc., have a13 relationship with Lasership?14 A. It's wholly owned subsidiary of Lasership.15 Q. Is Lasership a public company?16 A. No.17 Q. Who owns Lasership?18 A. Lasership right now has four stockholders. I19 am one of them. Would you like me to give you the20 other --21 Q. Sure.22 A. -- other three individuals? Ali Dilmaghani23 D-i-l-m-a-g-h-a-n-i. The next name is Blake Averill,24 A-v-e-r-i-l-l. And the next one is Mehran, M, as in


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1 "Mary," e-h-r-a-n; last name is Ali Akbar, A-l-i 2 A-k-b-a-r. 3 Q. Four stockholders? 4 A. Correct. 5 Q. And what, roughly, are the percentages that 6 each of the shareholders own? Is it divided equally 7 four -- 8 A. Ali is the majority owner, and the other three 9 of us are minority owners.10 Q. So let's go back to when you started working11 for Mahmoud, Inc. What year was that?12 A. 1988. July of 1988.13 Q. What did you start doing for Mahmoud, Inc.?14 A. I basically started the corporation, and I was15 the president and just basically, you know, as a new16 start-up business just tried to start finding17 customers.18 Q. But Mahmoud, Inc. was a wholly owned19 subsidiary of Laser Courier, Inc.?20 A. No. Laser Courier, Inc., is a separate21 corporation, was a separate corporation at the time22 that was in existence in 1988. So this was another23 company that was started in addition to Laser Courier,24 Inc.

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1 Q. Actually, let me ask you to explain the whole 2 corporate structure. So I know there's a Laser 3 Courier, Inc., and a Lasership, Inc. Which is the top 4 company? Which is highest in the hierarchy? 5 A. Lasership, Inc., is a company that's a parent 6 company. 7 Q. Lasership's the parent? 8 A. Yes. Lasership, Inc., came in existence in 9 year 2000.10 Q. Okay.11 A. So it was not around in 1988.12 Q. In -- okay. So 1988 Mahmoud, Inc., was13 formed, but it was a subsidiary of another company?14 A. No.15 Q. It was free-standing?16 A. It just started as a new company in 1988.17 Q. And you started it up. Were you an owner at18 the time?19 A. I was owner, and Mr. Ali Dilmaghani was20 another owner, and Mr. Blake Averill was another owner21 at the same time. It was three of us that were22 stockholders of Mahmoud, Inc.23 Q. And what did that company do? First of all,24 does it still exist?

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1 A. Yes. 2 Q. And what did it do back in 1988? What was it 3 formed for the purpose of doing? 4 A. It was a company that was looking for 5 customers. It was in the brokerage of deliveries as 6 well and looking for customers for deliveries to be 7 done and matching it to anybody who would be available 8 to get the deliveries done for those customers. 9 Q. So similar to the type of business Lasership10 does now?11 A. Correct.12 Q. And since 1988, is that what Mahmoud, Inc.,13 has done consistently?14 A. In year 2000, we restructured the companies15 just for the purpose of combining the ownership of16 three corporations that existed prior to year 2000,17 which was Mahmoud, Inc.; Laser Courier, Inc.; Laser18 Couriers of Maryland, Inc.19 Q. Those are three separates corporations with20 common ownership or at least overlapping ownership?21 A. Yes.22 Q. You tell me. Is it common ownership or23 overlapping ownership?24 A. Overlapping ownership.

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1 Q. And were you an owner of all three of those 2 companies? 3 A. No, I was not. 4 Q. In 2000, which one did you have ownership? 5 A. Before Lasership, I was president and 6 stockholder of Mahmoud, Inc. 7 Q. Only that company? 8 A. Only that company. 9 MR. DECAMP: Fred, I'd just remind you to let10 him finish his question before you start your answer so11 that you're not talking over each other.12 THE WITNESS: I thought I was.13 BY MR. RABIEH: 14 Q. It's been fairly well, but we should both keep15 an eye on that. I might -- I think I've started to16 interrupt you on occasion.17 MR. DECAMP: I didn't want to instruct you, so18 I said it to him.19 BY MR. RABIEH: 20 Q. When was Laser Courier formed?21 A. Laser Courier, Inc.22 Q. Yes.23 A. 1986.24 Q. And Laser Couriers of Maryland, when was that


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1 formed? 2 A. I don't remember exactly, but approximately 3 1990. 4 Q. Let me see if I can sum this up. So in 1986, 5 Mahmoud, Inc., was formed, and you were a part owner of 6 that company and also the president. I'm sorry, 1988. 7 Is that correct? 8 A. Correct. 9 Q. Not 1986. 1988?10 A. Correct.11 Q. And then Laser Courier had been formed earlier12 in 1986?13 A. Correct.14 Q. You had no ownership interest in that? You15 were not an officer when it was founded, correct?16 A. I was not an officer of Laser Courier, Inc.17 That's correct.18 Q. And Laser Couriers of Maryland was formed in19 1990?20 A. Correct.21 Q. Did you have any ownership interest in that22 company?23 A. No.24 Q. Have you ever had ownership in that company?

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1 A. No. 2 Q. And of the owners you named of Mahmoud, Inc., 3 how many of them had ownership interest in Laser 4 Courier and Laser Couriers of Maryland? 5 A. It might be easier if I give you the breakdown 6 of each one. Mahmoud, Inc., was Farhang Aryan, Ali 7 Dilmaghani, and Blake Averill. 8 Laser Courier, Inc., was just Ali Dilaghani. 9 He was hundred percent owner of Laser Courier, Inc.10 Laser Couriers of Maryland, Inc., was Ali11 Dimaghani, Blake Averill, and Mehran Ali Akbar.12 Q. Then you said -- and what was the business of13 Laser Courier, Inc., when it was formed?14 A. Basically the same that we describe for15 Mahmoud, Inc., and Lasership, Inc.: brokering16 deliveries for --17 Q. And what about Laser Couriers of Maryland?18 Same thing?19 A. Same thing.20 Q. Then you said in 2000 there was a corporate21 restructuring?22 A. Correct.23 Q. And what did that corporate restructuring24 result in?

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1 A. That these four individuals that had ownership 2 in different corporations combined them into one 3 corporation and become basically partners in one 4 corporation. 5 Q. And that company is Lasership, Inc.? 6 A. Yes. 7 Q. And what happened to Mahmoud, Inc.; Laser 8 Courier, Inc.; and Laser Couriers of Maryland? 9 A. They are companies that are -- kind of are10 doing different things. I'll describe each one11 separately.12 Q. Sure.13 A. Laser Couriers of Maryland, it basically is14 just a shell company just right now, that is not doing15 anything. Laser Courier, Inc., is a company that has16 the contract for brokerage with all the drivers that17 perform services, provide their delivery services for18 Lasership, Inc.19 Mahmoud, Inc., is a company that leases20 walkers and bikers in the state of New York for21 Lasership, Inc.22 Q. I'm sorry. They lease walkers and bikers?23 A. Yes.24 Q. What is a walker?

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1 A. Walker is an individual that just walks and 2 make deliveries from building to building. 3 Q. Okay. So delivers hand deliveries on foot? 4 A. On foot. 5 Q. Okay. 6 A. Correct. 7 Q. And biker, it's a bike messenger, right? 8 A. Correct. 9 Q. But that's only in New York?10 A. That's only in New York.11 Q. Is that New York City?12 A. New York City, yes.13 Q. All right. Are you an officer of Laser14 Courier, Inc.?15 A. I don't remember.16 Q. Have you ever been an officer of Laser17 Courier, Inc.?18 A. I don't remember.19 Q. But you are the president of Lasership, Inc.?20 A. Correct.21 Q. And when did you first become president of22 Lasership, Inc.?23 A. At the formation of the company.24 Q. So you have served continuously as the


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1 president since the formation in 2000? 2 A. Correct. 3 Q. And how much of Lasership, Inc., do you own? 4 I know you're a minority shareholder. 5 A. 10.25. 6 MR. DECAMP: Percent? 7 THE WITNESS: Percent. 8 BY MR. RABIEH: 9 Q. And who was the majority shareholder?10 A. Ali Dimaghani.11 Q. What is the -- what are the annual revenues of12 Lasership, Inc.? How big a company is it?13 A. Probably about $110 million.14 Q. That's annual revenue?15 A. Yes.16 Q. And that's gross earnings, correct?17 A. Correct.18 Q. And does Laser Courier, Inc., have separate19 income that's not included in what -- in the total20 you've just given me for Lasership, Inc.?21 A. That's not -- no.22 Q. Okay. So -- so all the operation, the money23 flows to Lasership, Inc., and the annual revenues of24 Lasership, Inc., is about $110 million a year?

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1 A. Correct. 2 Q. For how long has that been the average annual 3 revenue? 4 A. That's our anticipated revenue for this year. 5 Q. What about in 2000; how big a company was it? 6 A. Probably about hundred. 7 Q. A hundred million dollars? 8 A. Correct. A hundred million dollars. 9 Q. What's the most it's ever earned in a year?10 A. 2012 would probably be there, the highest11 year.12 Q. Is it fair to say, from the formation till13 now, it has earned something in the neighborhood of a14 hundred million dollars every year, as gross?15 A. I understand. It's probably gone from16 anywhere from 80 million to 110. It has not been a17 hundred every year.18 Q. Okay. The range's been 80 to 110?19 A. Correct.20 Q. All right. And where does -- I'm sorry.21 You said that Laser Courier, Inc., actually22 has the contracts with the delivery personnel for23 Lasership; is that correct?24 A. For the delivery, yes.

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1 Q. So that's -- I'll introduce these exhibits 2 later. I have contracts from the -- from the three 3 named plaintiffs in this case, and they're all between 4 the plaintiffs and Laser Courier, Inc. 5 And so all delivery personnel for the -- in 6 the Lasership umbrella have contracts with Laser 7 Courier, Inc.; is that correct? 8 A. In most of the states, yes. At some points, 9 during this past 12 years, some drivers -- in the state10 of Maryland, we had Laser Couriers of Maryland still11 had the contract with the drivers, but at some point,12 maybe two, three years ago we combined everything under13 Laser Courier, Inc.14 So except state of Maryland, from year 2000 to15 2012, all the contracts would have been under Laser16 Courier, Inc.17 Q. So excluding Maryland, I think -- I just want18 to make sure I understand.19 Setting aside Maryland and all other states20 from 2000 to 2012, the delivery drivers had contracts21 with Laser Courier, Inc.?22 A. Correct.23 Q. And in Maryland, the delivery drivers had24 contracts with Laser Couriers of Maryland?

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1 A. Correct. 2 Q. I'm sorry. Laser Couriers of Maryland is now 3 a shell corporation? It doesn't really do anything? 4 A. Correct. 5 Q. But you still provide -- does Lasership still 6 provide delivery service in Maryland? 7 A. Correct. 8 Q. And now with whom do drivers in Maryland 9 contract?10 A. Laser Courier, Inc.11 Q. It's universal. Everyone contracts with Laser12 Courier, Inc.?13 A. Correct.14 Q. And why was the decision made to have the15 contract with Laser Courier, Inc., rather than16 Lasership, Inc.?17 A. It was probably just a matter of convenience.18 It was done that way, it was not changed, and it just19 matter of convenience for uniformity.20 Q. So Laser Courier, Inc., existed before21 Lasership; that was the company that had the contracts22 and just continued after Lasership, Incorporated was23 created?24 A. That's correct. Correct.


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1 Q. And then there's a provision in the contracts 2 that says the contracts can be assigned, right? 3 A. Correct. 4 Q. Are all contracts then assigned to Lasership, 5 Inc.? 6 A. Correct. 7 Q. All right. And in what states does Lasership 8 operate? 9 A. Okay. I'll start from north. Massachusetts,10 Connecticut, New York, New Jersey, Pennsylvania,11 Maryland, District of Columbia, Virginia, North12 Carolina, Georgia, Florida.13 Q. Not South Carolina?14 A. Not South Carolina.15 Q. You leapt right over it.16 A. Yeah.17 Q. You know, I didn't even define what I meant by18 "operation." What did you understand when I said it19 operates in those states to mean? That it makes20 deliveries there?21 A. That Lasership has locations.22 Q. Okay. So you understood "operation" to mean23 it has locations in those states?24 A. Correct.

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1 Q. And what do you mean by "locations"? 2 A. Facility. 3 Q. Let me alter the question slightly. In what 4 states does Lasership make deliveries? I assume it 5 makes deliveries in all states you just mentioned? 6 A. Correct. 7 Q. And are there other states in addition to 8 those in which it makes deliveries? 9 A. The deliveries might go to any one of the10 states across the United States.11 Q. How -- so let's -- Illinois, how would a12 delivery be completed in Illinois?13 A. A client might call and say, "I have a14 delivery that needs to go from New York to Illinois."15 And it's our job to find somebody that is willing to do16 that at the rate that our customer is willing to pay,17 and that delivery gets done.18 Q. And I take it that whoever completes the19 delivery in Illinois is not going to be someone who's20 contracted with Laser Courier, Inc.?21 A. It could be.22 Q. You may have contractors in the Midwest? You23 may have...24 A. Correct.

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1 Q. So -- but you also make deliveries, I notice 2 from your affidavit, in Maine; is that correct? 3 A. Correct. 4 Q. And Rhode Island? 5 A. Correct. 6 Q. Vermont? 7 A. Correct. 8 Q. New Hampshire? 9 A. Correct.10 Q. If I name any state, will the answer be yes,11 'cause you said you make them in all 50 states?12 A. Correct.13 Q. Let me -- this will be the third version of14 this question. In what states does Lasership make15 delivery by means of contractors who have executed16 contracts with Laser Courier, Inc.?17 A. My answer is still the same. Because it18 depends on the nature of the delivery that is requested19 and the availability of somebody that is willing to do20 the delivery. Because, for example, right now somebody21 could call here and say, "I have a pint of blood that22 needs to go from here to Mississippi." So the23 contractor that we have here might pick up the delivery24 and drive to Mississippi.

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1 So at any given time, a contractor who has a 2 contract with Laser Courier, Inc., has a potential to 3 make a delivery anywhere in the United States at any 4 given time. 5 Q. Okay. Fourth version of this question: Do 6 you know -- and let's focus on New England. In what 7 states -- in what New England states, I mean, Maine, 8 Vermont, New Hampshire, Rhode Island, Connecticut, and 9 Massachusetts, in which of those states are there10 entities or individuals who have contracted with11 Lasership that make deliveries in the New England12 region?13 And, actually, I think that wasn't a very good14 question.15 What I mean is, in which of those states are16 they actually domiciled? They may reside there or17 corporations are based there or whatever.18 MR. DECAMP: Are you asking -- pardon me. Are19 you asking about customers or asking about the folks20 making deliveries?21 MR. RABIEH: Folks making deliveries. I'm22 looking for the domiciles of the folks making23 deliveries.24 A. You mentioned Lasership, but they have the


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1 contract with Laser Courier, Inc. I want to make sure 2 I'm answering -- 3 BY MR. RABIEH: 4 Q. That's right. 5 A. They would have a contract with Laser Courier, 6 Inc. 7 Q. Yes. Which would get assigned to Lasership? 8 A. Which would get assigned to Lasership. 9 And in each one of those states that you10 mentioned: Vermont, New Hampshire, Maine, Rhode11 Island, or Connecticut, it could be any one of those.12 Q. So you are aware of --13 MR. RABIEH: Can we go off the record for a14 second?15 (Whereupon, discussion was held off the16 record.)17 BY MR. RABIEH: 18 Q. So are you aware of delivery personnel who19 have contracted with Laser Courier who reside in Maine,20 for example?21 A. Do I personally know them?22 Q. Do you know of any?23 A. Yes.24 Q. So there are --

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1 A. I'm sorry, I do not know names, but I do know 2 that we have individuals that make deliveries in those 3 states for us. 4 Q. Right. But are those individuals -- do they 5 live in Maine? Your deposition -- I'm sorry. 6 Your affidavit speaks of deliveries made from 7 Massachusetts, by Massachusetts personnel into Maine. 8 I'm wondering if there are any that live in Maine who 9 make deliveries there?10 A. I am not a hundred percent sure.11 Q. Do you have any sense one way or the other?12 A. I believe they do live there.13 Q. Okay. Actually, let's introduce your14 deposition -- I'm sorry, your affidavit as an exhibit.15 (Aryan Exhibit 1 was marked for16 purposes of identification.)17 MR. RABIEH: Let me introduce this as18 Exhibit 2, the affidavit of William Deschenes.19 BY MR. RABIEH: 20 Q. Am I pronouncing that correctly?21 A. Correct.22 (Aryan Exhibit 2 was marked for23 purposes of identification.)24 BY MR. RABIEH:

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1 Q. Actually, I think Mr. Deschenes' affidavit has 2 more information about the personnel making deliveries 3 in New England. 4 So if you could look at Exhibit 2, which is 5 Mr. -- first of all, do you recognize Mr. Deschenes' 6 exhibit, which has been marked as Exhibit 2? 7 A. Yes, I do. 8 Q. You've read this before? 9 A. Yes.10 Q. And who is Mr. Deschenes?11 A. He is the general manager of our Boston12 facility, Woburn.13 Q. And you also have a facility in Leominster, in14 Massachusetts, as well?15 A. We used to.16 Q. You no longer have it?17 A. As of three weeks ago, we no longer have the18 facility.19 Q. So how long did you have the facility in20 Leominster?21 A. To be honest, I'm not sure, but I would say22 probably five to seven years.23 Q. What sort of merchandise did the Leominster24 facility handle?

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1 MR. DECAMP: Objection, vague, ambiguous. 2 BY MR. RABIEH: 3 Q. What kind of products were delivered from the 4 Leominster facility? 5 A. Pharmaceuticals, office supplies, financial 6 documents, and some general merchandise. 7 Q. What do you mean by "general merchandise"? 8 A. We had a customer that was FedEx Smart Post, 9 and they were making deliveries for a lot of10 e-retailers, so it could be clothing, electronics. And11 they were just basically catalogs that people would12 order from, so we wouldn't know what's inside the13 boxes, but -- well, some had labels or pictures, but a14 lot of them, you wouldn't know what's inside the box.15 It was general merchandise.16 Q. And what is FedEx Smart Post? I take it17 that's an arm of FedEx?18 A. That's an arm of FedEx that does deliveries19 for e-retailers.20 Q. For e-retailers?21 A. Yes.22 Q. And you -- so Lasership had a contract with23 FedEx Smart Post to complete the deliveries?24 A. Correct.


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1 Q. Who was the manager of the Leominster 2 facility? Who was the last manager of the Leominster 3 facility? 4 A. Jeffrey Roy. 5 Q. Can you spell the last name? 6 A. R-o-y. 7 Q. How long was he the manager for? 8 A. Probably two to three years. 9 Q. You said the Leominster facility closed down a10 few weeks ago?11 A. Correct.12 Q. You said three weeks ago?13 A. I believe it was three weeks ago to the date.14 Q. Why did you close it down?15 A. Maybe a year and-a-half year ago we lost FedEx16 Smart Post account, and that was one of the main17 reasons we opened that facility. And after a while, it18 was not really necessary to have two facilities, so we19 decided to combine into one, especially after the loss20 of that major customer over a year ago.21 Q. So now whatever services the Leominster22 facility was providing, those have been shipped to the23 Woburn facility?24 A. Correct.

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1 Q. Okay. So Mr. Deschenes, you were saying, is 2 the manager of the Woburn facility? 3 A. Correct. 4 Q. How long has he been the manager there? 5 A. Probably 12 to 15 months. 6 Q. Who was his immediate predecessor? 7 A. Ken Fowlkes, F-o-w-l-k-e-s. 8 Q. F-o-w-l- -- 9 A. -- -k-e-s.10 Q. How long was he the manager for?11 A. Probably about a year to a year and-a-half.12 Q. Okay. And what are Mr. Deschenes' duties as13 manager of the Woburn facility?14 A. He is in charge of the facility, making sure15 that the facility is open every day, the lights are on,16 everything is in order for the merchandise or the17 products to be received. So he is making sure -- in18 charge of making sure the facility is open for business19 and just the general responsibilities of the facility.20 Q. And does he have some oversight responsibility21 for deliveries from that facility to your -- to the end22 users?23 A. He is responsible for making sure that the24 deliveries are received from the customers, so that's

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1 basically what he's making sure, that the trucks that 2 customer sends to us comes to the facility, and we have 3 employees that they go in and retrieve -- unload the 4 boxes from the trucks. So that's basically what he's 5 responsible for. 6 Q. And who's responsible for making sure that the 7 merchandise that comes in goes out to the end user or 8 the end customer? 9 A. He has individuals that report to him, that10 they're basically in the facility, and they make sure11 once they're inside the facility, in the warehouse,12 they have been staged properly, and so he has13 individuals that report to him.14 Q. And what title do those individuals hold?15 Dispatcher? Manager? Supervisors? What do you call16 them?17 A. He has project managers and dispatchers.18 Q. What's the difference between a project19 manager and a dispatcher?20 A. They are basically the same thing. They have21 a lot of responsibilities that overlap, but a project22 manager might have more of a financial reporting23 responsibilities as well.24 Q. When I hear the phrase "project manager," it

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1 makes me think of a project in terms of maybe a 2 particular customer like Cardinal Health. Is that how 3 it works? Like, is there a project manager for 4 Cardinal Health, another one for Amazon? 5 A. Correct. 6 Q. Do you know how many project managers there 7 are at the Woburn facility? 8 A. I'm not sure, but I would probably guess about 9 three. It changes from day-to-day.10 MR. DECAMP: Fred, I'd caution you not to11 guess. If you have a reasonable basis for providing12 testimony, that's fine, but please don't guess.13 BY MR. RABIEH: 14 Q. I may ask you to estimate. We will understand15 it's an estimate.16 When you say it "changes from day-to-day,"17 what do you mean "it changes from day-to-day"?18 A. Day-to-day might not be fair, but, you know,19 from week-to-week. People come and go. There's a lot20 of turnover. So at times you have project manager for21 each account that we have, and at times we don't have22 anybody doing that, so it overlap -- people overlap23 responsibility.24 Q. But you think that generally you have three


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1 project managers there. That's your best estimate as 2 to how many you have? 3 A. Correct. 4 Q. And you understand that it's -- that it's 5 divided according to the different accounts? 6 A. Correct. 7 Q. And what are the different accounts? 8 A. One is Cardinal Health, one is Office Depot, 9 and one is Amazon.10 Q. Now, you deliver -- does -- out of the Woburn11 facility, does Laser -- I'm gonna say "Lasership," and12 I'm not really -- I don't really care about the13 distinction between Lasership and Laser Courier here.14 But, actually, Lasership -- who has the contracts with15 the -- with Cardinal Health and Office Depot and16 Amazon? Is it Lasership or Laser Courier?17 A. Lasership.18 Q. Then I do mean Lasership. Does Lasership make19 deliveries for other clients than Cardinal Health,20 Office Depot, and Amazon?21 A. Correct.22 Q. And are those other clients organized into23 some other account? Is there like a catch-all account24 for which there's a project manager?

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1 A. Either that or maybe the general manager would 2 probably be responsible for. They probably do not have 3 enough deliveries to require somebody being their 4 assigned project manager. 5 Q. You say "probably," so you're not sure exactly 6 how it works? 7 A. They're -- responsibility based on the volume 8 of deliveries that come in would be different from 9 week-to-week, from month-to-month. It's not very10 static that every day the same thing. The11 responsibility based on the volume that is received,12 it's separated or done differently from day-to-day.13 You know, they work as a team, so they try to14 cover for each other. So most of the responsibilities15 from day-to-day are consistent, but it changes a lot on16 daily basis based on the volume that is being received.17 Q. Let me try to recapitulate this and tell me if18 I'm right.19 The project managers, one will have the20 Cardinal Health account assigned to him or her; another21 one will have the Office Depot account assigned to him22 or her; and the third will have the Amazon account23 assigned to him or her.24 But on a daily basis, they will pitch in to

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1 help the other, the account, depending on the volume of 2 business. 3 A. Correct. 4 Q. And you think Mr. Deschenes also pitches in to 5 help with different accounts, especially the ones that 6 are too small to have a dedicated project manager? 7 A. Correct. 8 Q. And how many dispatchers are there? 9 A. I do not know.10 Q. Do you have any sense?11 A. Two.12 Q. And what is the role of a dispatcher?13 A. Dispatcher is responsible for passing on the14 communication either from delivery agent to the15 customer or from a customer to a delivery agent.16 Q. And by "delivery agent," you mean the person17 who is actually making deliveries?18 A. Correct.19 Q. Like Mr. Medina or Mr. Sanchez or Mr. Edmond?20 A. Correct.21 MR. RABIEH: I like that. I'll use "delivery22 agent." I think that's a good term to use.23 MR. DECAMP: Works for me.24 BY MR. RABIEH:

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1 Q. So coming back to Mr. Deschenes' declaration, 2 in paragraph 3, this is Exhibit 2, second sentence, it 3 says, "All deliveries to New Hampshire, Maine, and 4 Rhode Island are performed by a contractor based out of 5 Lasership's Woburn terminal." 6 A. In paragraph 3? 7 Q. Yes. 8 A. Yes, I see the sentence. 9 Q. If you want to read more of this, go take --10 A. That's fine.11 Q. I don't want to rush you through this.12 So the contractors are based out Lasership's13 Woburn terminal. Do you know where they actually live?14 Do they -- do you know if they live in Massachusetts as15 opposed to other states?16 A. I do not know.17 Q. So they could all live in Massachusetts? Some18 could come in from other states? You just don't know?19 A. I just don't know what their home residence20 is.21 Q. Right, but your records -- if you needed to,22 you could find this out from corporate records, right?23 A. Absolutely.24 Q. The next sentence says, "Some of Lasership's


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1 deliveries in Vermont are also performed by 2 Massachusetts contractors." 3 What about -- I'm wondering about the other 4 deliveries in Vermont that are not performed by 5 Massachusetts contractors. Do you know who performs 6 those? Would they come out of the Connecticut 7 facility, for example? 8 A. It could come from Connecticut facility or the 9 agents that are based out of Vermont.10 Q. And you think there are agents based in11 Vermont?12 A. I know for a fact that are agents that are13 based out of Vermont.14 Q. And do they have to come to Woburn to pick up15 products to deliver into Vermont?16 A. Correct.17 Q. Now, the Leominster facility has shut down.18 So now how many facilities are there in New England?19 Is it just Wallingford, Connecticut, and Woburn?20 A. Correct.21 Q. And how long has the Wallingford, Connecticut,22 facility been in operation?23 A. That one is about one year.24 Q. Just one year?

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1 A. In that facility. 2 Q. Okay. Prior -- and where -- I'm sorry. Go 3 ahead. You seem like you wanted to say something. 4 A. We are in Meriden, Connecticut. We've been in 5 Meriden, Connecticut, for about a year. M-e-r-i-d-e-n. 6 Q. M-e-r-i- -- 7 A. M-e-r-i-d-e-n. We've been in Meriden -- 8 Q. Is it M-e-r-i-d-i-e-n? 9 A. I don't think so. I always make -- I'm sorry.10 I always make that mistake, but it's Meriden. We've11 been in that facility for one year.12 Q. So there's no longer a facility in13 Wallingford?14 A. That's correct.15 Q. Does that mean that -- for how long did you16 have a facility in Wallingford?17 A. Probably about six to eight years.18 Q. And then you shut it down about a year ago; is19 that correct?20 A. Correct.21 Q. Why did you shut it down?22 A. Just our lease was up, and we just wanted23 another facility, and we ended up in Meriden.24 Q. I take it, it was a better lease for --

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1 A. Correct. 2 Q. So you moved to Meriden for business reasons? 3 A. Correct. 4 Q. And that facility has been in operation for 5 about a year? 6 A. Correct. 7 Q. And I'm gonna ask about deliveries out of 8 Connecticut. But is it -- is it fair to say that 9 Wallingford and Meriden, those two facilities do the10 same work? Or Meriden does the same kind work that11 Wallingford used to do?12 A. Exactly the same thing; it just moved.13 Q. And who is the manager of the Meriden facility14 now?15 A. Greg McGraw, M-c-G-r-a-w. He just started16 last week. That's why I was -- he just started last17 week. He's brand new.18 Q. Well, it's impressive, as the president, you19 know the local manager that's been there for one week.20 MR. DECAMP: He's an impressive guy.21 BY MR. RABIEH: 22 Q. Who was the prior manager?23 A. That's where my some-timers kicks in. The24 name skips me.

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1 Q. What kind of accounts did the Wallingford, 2 Connecticut, facility service? Who are the main 3 customers? 4 A. They would be the same we discussed for 5 Woburn: Office Depot, Cardinal, Amazon, and a few 6 clients for financial documents. 7 Q. Oh, so, when we were talking about the Woburn 8 facility, you spoke of smaller accounts, but you didn't 9 go into any detail about them. Are those financial10 services companies or companies that deliver11 financial documents?12 A. A few other. Financial documents and a few13 other types of clients as well.14 Q. When you say "financial documents," can you15 say who needs to send those documents? Are they banks?16 What are these kinds of companies?17 A. These are mostly companies that provide18 payroll services. It could be their tax returns,19 quarterly returns, payroll documents and, you know,20 documents of that sort.21 Q. What about banks? Do you make deliveries for22 banks?23 A. Not out of Woburn, but out of Meriden, I do24 believe we have a couple of banks.


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1 Q. I'm sorry. You said Meriden, right? As in 2 Meriden, Connecticut? 3 A. Yes. 4 Q. Just making sure you weren't saying 5 "Maryland." 6 A. Correct. 7 Q. So -- and it's the same mix of business out of 8 the Wallingford, Connecticut, facility as well as what 9 goes on in Woburn: Cardinal Health, Office Depot, and10 Amazon and companies that need financial documents11 delivered?12 A. Correct. We are now in Meriden.13 Q. I understand. But that was the business in14 Wallingford?15 A. Yes.16 Q. And the same answer applies to Meriden?17 A. Correct.18 Q. Same customer base?19 A. Correct.20 Q. From the Meriden facility, do you have a sense21 as to the breakdown of where deliveries are made? Like22 how much is within Connecticut, how much goes to other23 states?24 A. No.

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1 Q. Not any sense? Is the majority within 2 Connecticut? 3 A. I can guesstimate. 4 Q. I understand it's a guesstimate. 5 A. I would say probably maybe half is in 6 Connecticut, and the other half go to neighboring 7 states: Massachusetts, Rhode Island, and some maybe 8 even up to New Hampshire and Vermont. 9 Q. What about New York State? Do deliveries go10 from Meriden to New York State, or do you have New York11 facilities that handle accounts in New York?12 A. We do have deliveries from Meriden,13 Connecticut, that go into New York as well.14 Q. Is that a small percentage?15 A. Yes.16 Q. Do you have facilities in New York State?17 A. Correct.18 Q. Where do you have facilities in New York19 State?20 A. It's in Manhattan.21 Q. And does that handle the bulk of deliveries in22 New York?23 A. That get initiated from city of New York, yes.24 Q. Do you have a sense as to how much of the

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1 deliveries from the Woburn and Meriden facilities 2 actually go out of New England? I'm thinking New York 3 State. Is it a very small percentage? Would you have 4 any sense? 5 A. I'm not sure. 6 Q. Do you have any sense? Like less than 10 7 percent or anything like that? 8 A. Maybe around 10 percent. 10, 15 percent. 9 MR. RABIEH: Can we take a short break?10 MR. DECAMP: Sure.11 (Whereupon, a recess was held.)12 BY MR. RABIEH: 13 Q. The facilities in Wallingford, Meriden,14 Woburn, Leominster, has Lasership always leased those15 facilities, or has it ever owned them?16 A. Has always leased.17 Q. And how big is the Woburn facility, in terms18 of square feet?19 A. Approximately, about 15,000 square feet.20 Q. And does -- is it one building?21 A. Correct.22 Q. Does Lasership lease the entire building?23 A. No.24 Q. Who else leases the building?

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1 A. I'm not sure. 2 Q. Can you describe the building for me and the 3 part of it that Lasership occupies? 4 A. The part that Lasership leases is combination 5 of warehouse with loading docks and office space. 6 Q. And the remainder of the building, do you know 7 what uses it serves? 8 A. No, I don't. 9 Q. Have you been to the Woburn facility?10 A. Yes.11 Q. What about the Meriden facility? How big is12 that one?13 A. Probably about 20,000 square feet.14 Q. Again, is that a single building?15 A. I'm not sure.16 Q. Have you been to that facility?17 A. No.18 Q. Do you know if Lasership is the sole tenant or19 is the space occupied by other tenants as well?20 A. I do know that there are other buildings21 adjacent to us. I'm not sure they're occupied or not.22 Q. And is the mix of space that Lasership23 occupies in the Meriden facility similar to the one in24 Woburn? So we have warehouses, loading docks, and


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1 office space? 2 A. Correct. 3 Q. How big was the Leominster facility? 4 A. Probably about 10,000 square feet. 5 Q. Again, the same type of mix of usage? 6 A. Correct. 7 Q. What about the Wallingford facility? How big 8 was that? 9 A. I believe it was about 12,000 square feet.10 Same neighborhood, around 10; 10 to 12.11 Q. So the Meriden facility is substantially12 bigger than the Wallingford one, correct?13 A. Yes.14 Q. And why the increase?15 A. The opportunity and the rate was significant16 that we wanted to take advantage of the potential that,17 you know, we might grow into it, but it became18 available and we wanted to take advantage.19 Q. So you've been in the Meriden facility for20 about a year, right?21 A. Correct.22 Q. Has the business increased in comparison to23 what you did out of Wallingford?24 A. Yes.

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1 Q. How much has it increased? 2 A. I am not sure. 3 Q. Can you -- is it 10 percent? 20 percent? Can 4 you estimate? 5 A. I would say probably about 5 percent. 6 Q. So a small increase? 7 A. Correct. 8 Q. But you leased more space because it was an 9 attractive lease and you hoped to expand your business10 more?11 A. Correct.12 Q. You mentioned -- so you have employees in the13 Woburn facility?14 A. Correct.15 Q. I assume these include project managers and16 dispatchers that we discussed earlier?17 A. Correct.18 Q. And Mr. Deschenes as well?19 A. Correct.20 Q. What other employees work in the Woburn21 facility?22 A. We have warehouse workers that are in charge23 of sorting packages.24 Q. How many warehouse workers do you have now?

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1 A. I do not know. 2 Q. Do you have any idea? Is it 10? 20? 3 A. Maybe 10. 4 Q. And what are the hours of operation of the 5 Woburn facility? Is it open 24 hours, for example, or 6 does it open and shut? 7 A. It's 24 hours. 8 Q. So is there always a project manager there? 9 A. I think so.10 Q. What about the warehouse workers? Is there at11 least always one warehouse worker there?12 A. There are typically in the morning, like, very13 early in the morning, up to mid-morning.14 Q. When you say "very early in the morning," how15 early do you mean?16 A. I would say maybe 3:00 a.m.17 Q. And what -- can you describe the job duties of18 the warehouse workers?19 A. Can you be more specific?20 Q. What do they do? What are their jobs?21 A. Just the warehouse worker?22 Q. Just warehouse workers.23 A. When a tractor-trailer comes in, they help the24 packages, totes, boxes, to be emptied out of the

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1 tractor-trailer and into our warehouse. And they sort 2 them based on different delivery areas. 3 Q. Can you explain what you mean by "delivery 4 areas"? 5 A. Zip codes. Geographical areas. 6 Q. So they sort them according to the final 7 destination as opposed to the customer account? 8 A. I'm not sure if I understand. 9 Q. You got -- you got Office Depot products and10 Cardinal Health deliveries that are going to the same11 location. Do they get put in the same area if they're12 going to the same zip code or --13 A. They might.14 Q. Do any products get stored there? Well, let15 me rephrase that.16 When the packages come off the17 tractor-trailers, how long, typically, are they in the18 warehouse before they get sent our for final delivery?19 A. It varies. It varies from account-to-account.20 Q. Can you give me a sense of the range?21 A. Anywhere from maybe two hours to six hours,22 seven hours.23 Q. So nothing's there for a day or so?24 Everything -- it's fast in, fast out?


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1 A. 99 percent of the times. Maybe that might be 2 different for very rare occasion, but 99 percent of the 3 times it's in and out. 4 Q. And then how -- I'm sorry. What kind of 5 benefits does Lasership provide to its employees? 6 Let's focus on the warehouse workers at the moment. 7 Do they get health insurance? Do they get 8 vacation pay? What sort of benefits do they get? 9 A. The warehouse employees, to be honest with10 you, I am not sure. They are hourly employees, and the11 hourly employees after -- they, obviously, get vacation12 time. I'm not sure if it's one or two weeks per year,13 but -- and the hourly employees are different than14 salaried employees.15 Q. Right. Are they able to purchase subsidized16 health insurance through Lasership? Does Lasership17 subsidize health insurance for them?18 A. If they choose, they're able to roll into our19 health insurance program.20 Q. Any 401-K opportunities for the warehouse21 workers?22 A. Yes.23 Q. Any other benefits that are made available to24 them?

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1 A. None that I can think of. 2 Q. I suppose if they worked overtime, they get 3 paid overtime rate? 4 A. Correct. 5 Q. What about the salary -- okay, let me -- the 6 dispatchers and the managers and project managers and 7 Mr. Deschenes, I take it they're salaried employees? 8 A. Correct. 9 Q. What sort of benefits are provided to them?10 A. The similar ones that we discuss for the11 hourly.12 Q. I'd like to go through the delivery process.13 First of all, the tractor-trailers, how is -- who14 arranges for deliveries into the Woburn facility?15 A. Can you be more specific?16 Q. So let's just -- when a tractor-trailer comes17 in, what kinds of products would be on one18 tractor-trailer? Would it be a mix or dedicated19 tractor-trailers? How does it work?20 A. Each customer sends in their own21 tractor-trailer.22 Q. So if Office Depot has product to deliver, it23 will send an Office Depot tractor-trailer?24 A. Correct.

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1 Q. And the products come off the tractor-trailer 2 into the warehouse, sorted, and then they get 3 distributed out to the customer? 4 A. Correct. 5 Q. Same thing for Cardinal Health? 6 A. Correct. 7 Q. Does Cardinal Health deliver via a 8 tractor-trailer? 9 A. Yes.10 Q. Same thing for Amazon.com?11 A. Correct.12 Q. And what about the smaller accounts? Like the13 ones that need financial documents delivered; what kind14 of -- how are those delivered to the facility?15 A. They vary. It could be a van. It could be a16 26-foot truck. The volume fluctuates; therefore, the17 delivery vehicle fluctuates as well.18 Q. Okay. But the tractor-trailers -- so the19 vehicles that are delivering products to the Woburn20 facility, those are not owned by Lasership. They're21 owned by the customers?22 A. That varies as well. That varies as well.23 Sometimes they only -- well, actually, I do not know24 if they own the vehicles or not. I do not have that

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1 information. 2 Q. It could be the -- however it happens, the 3 customer, whose products they are, arranges for the 4 delivery of that merchandise to the Woburn facility? 5 A. Correct. 6 Q. Okay. Does Lasership play any role in the 7 delivery of those products into the terminal? 8 A. No. 9 Q. Doesn't provide any logistic assistance, for10 example?11 A. At times if the customer needs us, if a12 vehicle breaks down and they say "we need help," we can13 jump in there and find a delivery agent that has a14 tractor-trailer to go and make and assistance.15 But typically, those are arranged by the16 customer because the customers have various partners17 for these deliveries, so they arrange for those18 deliveries to come to us. But if they come to us for19 assistance, we will provide assistance.20 Q. So most of what Lasership does, if I21 understand this correctly, is arrange for delivery from22 the -- off-loading of products from the delivery23 vehicles and then shipping it out to the customers.24 Is that fair to say?


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1 A. Correct. 2 Q. Okay. So let's -- let's go through how 3 deliveries actually get made. So a tractor-trailer 4 comes in with products, warehouse workers take products 5 off the vehicle, sort them, put them in the warehouse, 6 okay, and we covered that. 7 So then what happens? How do they get 8 assigned to particular delivery agents for final 9 delivery?10 A. I'm not sure what you mean by "assigned."11 Q. So let's take a Cardinal Health account. The12 three named plaintiffs made deliveries for Cardinal13 Health. How does it happen that products -- that14 Cardinal Health products get sorted and presented to15 particular delivery agents for final delivery?16 A. There are different delivery agents that work17 in the facility, and they come in, and, you know, we18 negotiate with them of what we have available for19 deliveries, and it varies from area-to-area.20 In the case you mentioned for individuals for21 Cardinal Health, you know, you mentioned for Cardinal22 Health, there is some geographical area, some areas23 that delivery agents would like to make deliveries to.24 They decide where those areas are, because it's close

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1 to their home, it's close to their kids' daycare. 2 Once we agree that there's an area that they 3 would like to make deliveries in, then when the trucks 4 comes off and the merchandise is off-loaded, those are 5 assigned in a different area of the warehouse, and they 6 are kept in that location. 7 And the individual who has agreed to arrange 8 for deliveries, for those areas, they will come in and 9 they pick up the deliveries, and then they're10 responsible for making those deliveries based on11 whatever the Cardinal Health's requirements are.12 Q. So let's take Mr. Sanchez, for example. Is it13 fair to say that he knows from day-to-day roughly what14 area he will be delivering to?15 A. That could vary from day-to-day.16 Q. But do you know if he has sort of a regular17 route that's typically assigned to him?18 A. There are no regular routes. Based on19 whatever the truck comes in, we will find out what20 deliveries need to go. They have agreed that they will21 have a geographical area that they would like to be22 responsible for. And any deliveries that come in that23 area, it's -- they would need to make deliveries for24 that agreed-upon area.

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1 So a customer might have one delivery to that 2 area of one day and could have two, could have three. 3 It varies from day-to-day. And it varies, I guess, for 4 the customer based on the orders they receive from 5 their customers. 6 Q. Do you have a sense as to how much variety 7 there is? 8 A. To be honest with you, no. For Mr. Sanchez? 9 Q. Yes, let's take Mr. Sanchez.10 A. I have no idea what his specific deliveries11 that Mr. Sanchez typically arranges for us.12 Q. Okay. All right. If I understand this13 correctly, so Lasership works with the delivery agents14 to try to accommodate their wishes for a particular15 areas. And so if deliveries need to be made to those16 areas, you tend to assign deliveries to that particular17 agent, because there's been a mutual understanding that18 that's the area he should make deliveries to?19 MR. DECAMP: Objection, vague and ambiguous.20 You can answer.21 A. I would like for you to repeat information.22 BY MR. RABIEH: 23 Q. Sure. I was trying to sum up, but maybe it's24 better that you give the answer.

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1 So can you explain -- no, actually, I'll try 2 to sum up again. 3 Is it fair to say that Lasership and delivery 4 agents reach a mutual understanding as to the areas 5 that the delivery agents will typically service? 6 A. We agree on what is the desired area that 7 somebody would like to make deliveries to, we'll make 8 an agreement for that, and then any deliveries that 9 will come to that area, they will have an option of10 making deliveries to those areas.11 Q. Do you try to have each delivery agent12 assigned to discrete areas so that you don't have two13 assigned to the same area, for example?14 MR. DECAMP: Objection, vague and ambiguous.15 You can answer if you understand.16 A. I'm not really sure what you mean by17 "discrete."18 BY MR. RABIEH: 19 Q. Well, let's say one of the areas is Cambridge,20 Massachusetts.21 A. Okay.22 Q. Do you try to arrange it so that it's23 typically one delivery agents who makes deliveries to24 that area or will you have multiple agents that you


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1 will make -- that you will offer deliveries to? 2 A. It could vary from day-to-day. 3 Q. And what would -- explain the variation. 4 A. Based on the customers' needs, one day they 5 might have one delivery, one day they might have 20 6 deliveries going to certain areas. It depends on 7 variation of the type of the vehicle that the 8 individual has or their availability. 9 Maybe the timing would work that they can make10 deliveries that are going to certain areas. They might11 have time to make all the deliveries. They might not12 have time to make all the deliveries. It all depends13 on the volume, the timing, the availability of the14 delivery agent or the availability of the time that the15 customer needs delivery to be made by.16 Q. Is there any kind of a pecking order so that,17 for example, if there are only enough deliveries for18 one agent, you will give it to one person first and19 then only engage another agent if the volume's too big?20 A. Typically, from what I know -- and again it21 varies from office-to-office, from22 account-to-account -- if an individual would like to23 service an area for us, if we have number of deliveries24 going to that area, either they will decide that they

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1 will do it themselves or they will decide that they 2 would like to bring additional help to help them get 3 those deliveries done. They kind of work with us to 4 make sure those delivery requirements are made for that 5 area. 6 So quite a few of the individuals bring 7 additional help in order to be able to take care of the 8 deliveries for that area. So, hence, a lot of them 9 bring additional help or they hire additional help or10 they bring individuals with them in the vehicle to help11 them make the deliveries for those areas.12 Q. Okay. When you say "additional help," you13 mean that they will engage someone else to service14 their account, their contract?15 A. Their contract.16 Q. Do they sometimes say "that's a lot of17 deliveries, I can't handle them all, let's get another18 contractor, let's say, Mr. Medina, to take some19 deliveries"? Does that happen as well?20 A. All the time.21 MR. RABIEH: All right. I'm gonna introduce22 three contracts from 2010 for the named plaintiffs.23 I'm just curious about something in -- a difference in24 the contracts.

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1 MR. DECAMP: Label them three, four, and five. 2 MR. RABIEH: Three, four, and five. 3 (Aryan Exhibits 3-5 were marked for 4 purposes of identification.) 5 BY MR. RABIEH: 6 Q. Let's do this alphabetically. Three will be 7 Mr. Edmond's contract; four will be Mr. Medina's 8 contract; five will be Mr. Sanchez's contract. 9 You see Exhibits 3, 4, and 5 before you?10 A. Correct.11 Q. Do you recognize these documents?12 A. Yes.13 Q. So -- so am I correct in saying that these are14 contracts that Laser Courier, Inc., executed with the15 three named plaintiffs in 2010? You can check the16 dates.17 A. Yes, correct.18 Q. Is it fair to say that aside from differences,19 for example, in Schedule One about the compensation20 rate, these are essentially the same contract?21 A. Yes.22 Q. And in 2010 would this have been the contract23 that Laser Courier, Inc., had all of its delivery24 agents sign?

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1 A. Yes. 2 Q. And it's a standard contract for any -- now, 3 has the contract undergone changes, you know, over the 4 years? 5 A. Typically, we probably might have a change 6 every year or every other year, yes. 7 Q. But in any individual year, it's a standard 8 contract that all the delivery agents execute? 9 A. Correct.10 Q. I'm curious about -- now, can you tell me what11 is schedule -- each of the contracts has Schedule One.12 For example, in Exhibit 3, it's the page labeled --13 Bates labeled L000284; and in Exhibit 4, it's the page14 labeled L00181; and in Exhibit 5, it's the page labeled15 L000076.16 Can you tell me what Schedule One is?17 A. That is the rate that is negotiated and agreed18 upon for commission with each independent contractor or19 delivery agent.20 Q. So in Exhibit 3, compensate rate per stop --21 I'm sorry. On each of these Schedule Ones, there are22 entries for Cardinal because the three plaintiffs all23 make deliveries for Cardinal Health?24 A. Correct.


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1 Q. So on Mr. Edmond's contract -- this is 2 Exhibit 3 -- the rate is $7.74 per stop. And in 3 Exhibit 4, for Mr. Medina, it's $10.80 per stop. And 4 in Exhibit 5, for Mr. Sanchez, it's $8.50 per stop. 5 Do you see that? 6 A. Yes. 7 Q. Can you explain the differences in 8 compensation for the different plaintiffs? 9 A. I'm not really sure what you mean, "explain10 the difference."11 Q. Why are they getting different compensation12 rates?13 A. They are negotiated with each individual14 differently for what they do.15 Q. And other than bargaining skills, is there a16 reason for the differences? For example, longer17 distances to drive?18 A. There are different factors, longer distance19 to drive, or the number of deliveries could be20 different factors for -- you know, for the reason of21 agreeing on a rate.22 Q. So some factors might be distance driven,23 number of deliveries. And when you say "number of24 deliveries," you mean the typical deliveries for the

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1 region that they want to service? 2 A. Yes. And it could be number of deliveries 3 that they might have in one building. 4 Q. Can you explain what you mean by that? 5 A. You might go into a building and you might 6 have only one client in the building or you might have 7 five clients in the building. So that would be one of 8 the factors of, you know, the rates that is negotiated 9 between the delivery agent and Lasership.10 Q. So when it says "per stop," that's different11 from per delivery? The rates are so much money per12 stop, it says?13 A. Correct.14 Q. And there's a difference between per stop and15 per delivery?16 A. It could be.17 Q. Can you explain what the difference would be18 between a per-stop method of payment and a per-delivery19 method of payment?20 A. They could mean the same thing. It all21 depends on the negotiations that is happening with the22 individual. This stop could be stop on each floor,23 delivery to each floor. They could be the same, it24 could be different.

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1 Again, it's something that's negotiated 2 between the individual and the general manager or the 3 project manager. 4 Q. But it could be that if somebody goes to one 5 building and has five different deliveries, he might be 6 paid maybe only one payment for one stop? That could 7 happen? 8 A. It could. It varies from area-to-area, 9 route-to-route, independent contractor-to-independent10 contractor.11 Q. Is it fair to say someone who is making12 multiple deliveries per stop is going to want a higher13 compensation rate than one who gets one delivery at14 each stop?15 A. Could be.16 Q. And have you personally been involved in17 negotiations over compensation rates with delivery18 agents?19 A. These particular exhibits?20 Q. I'm asking more generally. Have you ever been21 involved in negotiations with any delivery agent?22 A. Yes.23 Q. And when was the most recent time you were24 personally involved?

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1 A. Probably 15 years ago. 2 Q. All right. And -- well, that's ancient 3 history almost. 4 So how does the negotiation process work? How 5 do you -- how did it work the last time you did it? 6 A. Customers' requirements are sent in, and the 7 drivers are usually inside the office or facility, and 8 we talk to them and we say, "This is what we have and 9 what you guys" -- you know, "Can you guys bid on this,"10 or "Can you guys tell me what you guys are willing to11 do this delivery for?"12 And we basically talk to different drivers,13 and they mention how much they want to do the delivery14 for, and we decide based on that if you want to bring15 business into our facility or not. And if that is16 something that we decide to do, then we give the17 pricing back to the customer based on what our delivery18 agents are willing to charge for those.19 And once the business is obtained, then we go20 back to the delivery agents, based on their21 availability and the rates that we have negotiated with22 them, and then the deliveries begin.23 Q. Does Lasership -- well, I mean Mr. Medina and24 Mr. Sanchez and Mr. Edmond have been delivering for


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1 Lasership for several years, correct? 2 A. Correct. 3 Q. So -- and the -- the contractors sign every 4 year; is that correct? You have renewal contracts? 5 A. Correct. 6 Q. Is the previous year's contract typically used 7 as a basis for the next year contract in terms of 8 compensation per stop? 9 A. Correct.10 Q. But you had no role in the negotiation of11 these particular contracts? Rather the compensation12 rates for these particular contracts?13 A. I did not.14 Q. Do you know who did on behalf of Lasership?15 A. I do not remember.16 Q. So there -- I'm looking at Exhibit 3. There's17 a signature for the Laser representative. Is that18 Mr. Fowlkes you mentioned earlier?19 A. I do not think so.20 Q. Do you recognize that name?21 A. I recognize the first name, it's Paris. I22 don't remember his last name. But he was not23 Mr. Fowlkes. I don't remember Mr. Paris' last name.24 But he was a project manager. It's not Ken Fowlkes,

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1 the general manager. 2 MR. DECAMP: Off the record a second. 3 MR. RABIEH: Sure. 4 (Whereupon, discussion was held off the 5 record.) 6 BY MR. RABIEH: 7 Q. Do you know if the person who signed this, a 8 Laser representative, did the negotiations with 9 Mr. Edmond?10 A. I do not know.11 Q. And at some point, does someone -- who has12 final authority to sign off on a compensation rate for13 Lasership? Who actually does the signing off and says,14 "That's a fine rate, we will pay it"? Does it come15 back to you, or who actually decides "Yes, we will pay16 this much"?17 A. It does not have to come back to me, and this18 varies from facility-to-facility. And at each19 facility, it varies from day-to-day based on who is20 available. It could be a project manager, could be a21 general manager -- let me -- project manager, maybe22 operation manager depending on if the office has a23 operation manager or a general manager.24 Q. In the Woburn facility, would Mr. Deschenes

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1 have final authority to say, "Yes, we'll pay this 2 much"? 3 A. In some cases. 4 Q. Does Lasership provide any kind of guidelines 5 as to an allowable range of compensation? 6 A. No. 7 Q. What would happen if, for example, the 8 delivery agent wanted $25 a stop -- three and-a-half 9 times what's listed here -- and the facility manager10 said, "That's fine" and he signs the contract? Would11 someone at Lasership say, "Wait a second, that's12 excessive, we don't want to pay that much"?13 A. There's a possibility.14 Q. I take it that never happens, that someone15 offered to pay way more than Lasership is prepared to16 pay?17 A. I'm not sure what you mean by "prepared to18 pay."19 Q. I would think there's some sort -- you tell20 me. I would think there's some sort of guidelines as21 to what you're willing to pay delivery agents per stop,22 that it's just not that -- that the person negotiating23 them on behalf of Lasership does not have carte24 blanche?

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1 A. Correct. 2 Q. Can you explain what the guidelines are, how 3 they're communicated to whoever negotiates on behalf of 4 Lasership? 5 A. There are no specific guidelines. I mean, 6 there are no specific guidelines. But, obviously, it 7 needs -- the delivery -- whatever the delivery agent is 8 offering to do the deliveries for, those rates are 9 negotiated with individuals prior to us bringing the10 business in.11 So, typically, whatever those rates are, is12 less than what we have given to the customer in order13 to bring the business in.14 Q. Obviously, 'cause you need to make a profit,15 right.16 But the Cardinal Health, how long has the17 contract -- you have a current contract with Cardinal18 Health, right?19 A. Correct.20 Q. And what is the term of that contract?21 A. I don't know.22 Q. You don't know how long it is?23 A. I do not know.24 Q. And how long have you been making deliveries


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1 for Cardinal Health? 2 A. Six to seven years. 3 Q. But from year-to-year, you know, more or less, 4 what Cardinal is prepared to pay, correct? 5 A. Correct. 6 Q. So then, I take it, that information factors 7 in to what you're willing to pay the delivery agents, 8 right? 9 A. Correct.10 Q. And is it fair to say that the previous11 contracts' rates also provide some sort of a guideline12 or benchmark for what you're willing to pay for the13 next year?14 A. Correct.15 Q. In each of these Schedule Ones, there's a16 payment for marketing commission. What is that?17 A. The marketing commissions is -- there is an18 agreement in this exhibits that is stated "Advertising19 and Marketing Agreement."20 Q. Yes, I see that.21 A. Those are the rates that are negotiated for22 the terms of this agreement.23 Q. Right. But it's a payment from Lasership to24 the delivery agent, correct?

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1 A. Correct. 2 Q. And what -- I mean, I can read the document, 3 but can you summarize for me what the payment is for? 4 A. The payment is for them, for advertising for 5 Lasership. 6 Q. And how do they advertise for Lasership? 7 A. It could be in many different shapes and 8 forms. Some go to customers and they mention, they go 9 to a location that there is no -- we are not doing10 deliveries for them and they might tell them, you know,11 "You can use our services, I'm here for delivery," you12 know, "Maybe, you know, you can start using our13 services."14 And at times they are required to, by the15 customer of Cardinal, in order to access the facility,16 to have some sort of either ID card or uniform in order17 to gain access to the facility. For doing so, they get18 paid for doing that advertising on behalf of Lasership.19 And those are basically what the commissions20 that are stated on Schedule One refer to.21 Q. And when you say "uniform," you mean a22 Lasership uniform? Like a shirt with a Lasership logo23 on it?24 A. Correct.

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1 Q. So although some of the -- some of the payment 2 is so that they will advertise to potential customers. 3 They'll go and say "We'd like your business." Is that 4 right? That's what you said? 5 A. A lot of times people ask them questions and 6 stuff; that could be a possibility as well. 7 Q. But the commission is actually paid for each 8 stop that they make to current clients, right? For 9 example, in Mr. Medina's Schedule One, he gets $7.7410 per stop, plus 86¢ per stop as a marketing commission.11 So you sum those together, and that's what he gets12 total per stop?13 A. Total per stop, correct. That's for all the14 items that we discussed about. Those are all the15 different possibilities that come up. They have been16 summed into that amount that we agree on.17 Q. Right. Okay. And in terms of negotiating the18 rates, is it still the case from year-to-year you19 have -- are you saying you have competitive bidding20 between delivery agents? Like they'll say, "I'll do it21 for X," and someone else will say, "I'll do it for less22 than X."23 A. It could be.24 Q. I'm asking how it actually does happen. Do

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1 you know if it actually happens like that? 2 A. I'm not in the facility to know. It's 3 different from facility-to-facility, and it's different 4 from route-to-route. 5 Q. Do you know what happens in the Woburn 6 facility? 7 A. For specific routes for these individuals, no, 8 I do not. 9 Q. Do you know whether or not the different10 delivery agents know what the other people are prepared11 to offer their services for?12 A. I do not know.13 Q. So could it be that every year a delivery14 agent meets one-on-one with the Lasership15 representative, and they negotiate between themself and16 make a deal right then and there?17 A. It could be.18 Q. But the details, that's not your business?19 And you don't have personal knowledge of those details?20 A. It's too much to know about.21 Q. Right. I'm not expecting you. I'm just22 wondering if you do know or don't know.23 A. No.24 Q. Sticking with Cardinal Health and going back


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1 to actual deliveries, so when does Lasership find out 2 what deliveries need to be made for Cardinal Health on 3 the following -- on a particular day? 4 A. I believe with Cardinal it's at the time that 5 the trailer comes in. And there is paperwork that is 6 sent to us with the pharmaceuticals, and that's when we 7 find out. 8 Q. When -- is there a particular time when 9 deliveries from Cardinal Health come in or typical10 time, to the Woburn facility?11 A. To be honest with you, I don't know, but it's12 sometime very early in the morning.13 Q. By "early in the morning," you mean before14 sunrise? Like 2:00 a.m., 3:00 a.m., something like15 that?16 A. Probably.17 Q. Do you know one way or the other? You said18 "probably." I'm just wondering if you actually know.19 A. It's sometime between midnight and 3:00 in the20 morning.21 Q. Okay. And so paperwork comes with the22 products that are to be delivered, correct?23 A. Correct.24 Q. And it's only when the personnel at the Woburn

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1 facility actually sees that paperwork that they know 2 when it needs to be delivered that day? 3 A. Correct. 4 Q. There's no sort of -- there's no prior warning 5 or prior notice before the truck comes in? 6 A. No. 7 Q. And then how -- and then how are the products 8 organized for delivery on that day? I take it when 9 Cardinal Health products come in, they need to be10 delivered that particular day?11 A. Correct.12 Q. What kind of products are delivered for13 Cardinal Health?14 A. It could be anywhere from controlled15 substances, narcotics, all the way to diapers. It16 depends on what a pharmacy or hospital or long-term17 nursing home might order for that day from Cardinal.18 Q. So when one is making -- when a delivery agent19 is making deliveries on behalf of Cardinal, you gave a20 sense just now of where the products are ultimately21 delivered, but can you summarize again where those22 products are delivered? Pharmacies, in some instances?23 A. Pharmacies, hospitals, urgent cares.24 Q. Nursing homes?

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1 A. Nursing home. Anything that has to do 2 basically with health care. 3 Q. Okay. All right. So when Cardinal Health's 4 merchandise comes off the trucks, how is it organized 5 for delivery to particular areas? 6 A. They are off-loaded from the truck. And based 7 on the agreements that have been made with different 8 agents, there might be different areas of the warehouse 9 that are staged for us to stage the products, so that10 whoever has decided to make the deliveries for those11 areas, to come in and pick up the deliveries that has12 been agreed to, for them to make deliveries for.13 Q. So someone at the warehouse -- not a delivery14 agent -- bundles particular packages for delivery to a15 particular area first. Is that what happens?16 A. Correct.17 Q. And then is a manifest created, telling the18 delivery agent where he has to go?19 A. There's no manifest created. It's the20 paperwork that is sent from our client to us, and that21 is probably left with the -- they call it totes for22 the -- what they keep the products in for Cardinal23 Health, that the paperwork is left with the totes for24 the delivery agent to take care of.

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1 MR. RABIEH: Okay. In discovery, Lasership 2 produced a lot of manifests. I'll just introduce a 3 couple of them just as exhibits so we can talk about 4 what actually happens. 5 I'm going to introduce as Exhibit 6 a 6 three-page document labeled L000966 to 968 with Camillo 7 Medina's name across the top. 8 (Aryan Exhibit 6 was marked for 9 purposes of identification.)10 MR. RABIEH: Let's do one more just for the11 hell of it. This is going to be another one with12 Mr. Medina's name on it, and this time the Bates labels13 are L000969 through L000974.14 (Aryan Exhibit 7 was marked for15 purposes of identification.)16 BY MR. RABIEH: 17 Q. Do you recognize the exhibits that have been18 marked as Exhibits 6 and 7?19 A. Yes.20 Q. Now, I take it you have no memory of these21 particular documents, but I take it when you say "yes,"22 you've seen documents like this before?23 A. Correct.24 Q. Can you just focus on Exhibit 6? Can you tell


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1 me what Exhibit 6 is? 2 A. This is a paperwork that is sent by Cardinal 3 Healthcare for us to complete as part of our contract 4 requirements for them. 5 Q. And same thing for Exhibit 7? 6 A. Yes. 7 Q. Does this manifest come in -- that comes in 8 with the tractor-trailer? 9 A. Correct.10 Q. So Cardinal has already, you know, arranged11 for certain bundle of products to be delivered?12 A. Yes.13 Q. Okay. So in a way, is it fair to say what14 happens at the warehouse is the warehouse personnel15 looks at this manifest, they take the particular16 bundles listed on the manifest and groups them together17 for one delivery -- I mean, for one -- for a delivery18 run?19 A. Correct.20 Q. And how is -- this exhibit has Mr. Medina's21 name across the top of it. How did this manifest and22 this delivery run get assigned to Mr. Medina -- or23 offered to Mr. Medina? Let me rephrase that. Offered24 to

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1 Mr. Medina. 2 A. Obviously, I was not present for when 3 Mr. Medina, and whoever that signed the agreement, had 4 done this. 5 Q. Correct, I understand. 6 A. My -- based on my knowledge it's probably 7 wherever these delivery points are, are in areas that 8 were negotiated with Mr. Medina, and he had accepted 9 that these are the areas he would be interested in10 providing services for us, and this delivery falls into11 that area.12 Therefore, this was -- once it was received13 into our warehouse, it was kept for him to come in and14 to pick up and so that he would be able to, you know,15 arrange for deliveries.16 Q. Right. Okay. So I'm looking at Exhibit 6.17 It looks like we had deliveries to -- the first one18 looks like to Burlington and then another one to19 Burlington and a third one to Burlington; is that fair?20 A. Yes. I can see all of them are going to Lahey21 Clinic.22 Q. So I take it Mr. Medina expressed interest in23 the Burlington area?24 A. Correct.

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1 Q. Then on Exhibit 7, it looks like he is going 2 to East Boston, Chelsea, Lynn; Revere, as in "Paul." 3 So he expressed interest in those areas as 4 well, and so this got assigned to him? 5 A. That would be my understanding. 6 Q. So if -- so at the warehouse, Lasership would 7 not actually get these documents until fairly early in 8 the morning on the day they need to be delivered? 9 A. Correct.10 Q. And how does -- when does Mr. Medina find out11 that these are the packages that need to be delivered12 that day?13 A. When he shows up to the warehouse.14 Q. So there's not a phone call beforehand saying,15 "Hey, here's what we have for you." He actually comes16 in, and then this manifest and associated bundle of17 packages are offered to him?18 A. As far as I know.19 Q. Isn't that how it happens? Isn't that how it20 works? Why do you say "as far as I know"? I'm looking21 for just established practice how it's typically done.22 A. Well, you mentioned if there's no phone call,23 a driver might call and say what is in -- I do not know24 if they would make the call, but most probably a lot of

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1 them do not call. They just come in and do the 2 delivery. Because they probably just don't have the 3 time to call or they just come in. But in cases there 4 could be a phone call that could be made. It's not 5 that they cannot call us. 6 Q. So the drivers come in with the expectation 7 that there will be packages waiting for them to be 8 delivered? 9 A. Correct.10 Q. Do you know how often, if ever, it happens11 that a delivery agent will come in and say, "Wait a12 second, I don't want to make deliveries," and so he13 rejects the offer?14 A. I do not know how often it happens.15 Q. Do you know if it ever happens?16 A. Absolutely.17 Q. You know it does happen?18 A. Yes.19 Q. And what is the basis for that knowledge? You20 say you know it does happen. How do you know it21 happens?22 A. Based on conversations with the manager, with23 the project manager, in daily communications.24 Q. Do you know if it's happened at the Woburn


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1 facility? 2 A. Yes. 3 Q. And do you know if Mr. Medina, Mr. Sanchez, or 4 Mr. Edmond have ever come in and rejected an offered 5 delivery route? 6 A. I do not know specifically for the three named 7 individuals. 8 Q. Do you know of any particular individuals who 9 have rejected offered routes?10 A. I do not know the names, but it happens every11 day.12 Q. You're confident of that?13 A. Yes.14 Q. And who has told you this happens?15 A. The general manager or project manager.16 Q. So the -- Mr. Deschenes has told you that17 contractors have rejected delivery routes?18 A. Correct.19 Q. Has he explained why they've been rejected or20 at least why the delivery agents say they're rejecting21 it?22 A. I'm sure he has mentioned it. I don't23 remember the latest, but, so, yeah, I don't remember24 the latest story I might have received, but yes,

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1 there's always some kind of communication about why 2 something is -- did not happen. 3 Q. Not focusing on any specific instance, can you 4 think in general of some of the reasons you've heard? 5 For example, "I'm sick," "My car is broken." I'm just 6 wondering what the reasons might be. I'm sorry, not 7 reasons might be. What reasons you've actually heard? 8 A. The latest one I remember is "I just don't 9 feel like doing this today."10 Q. You don't know the individual who said that?11 A. I don't remember the name.12 Q. But you have no reason to think it's any of13 the three named plaintiffs?14 A. It was not one of the three named plaintiffs.15 Q. And do you know what consequence, if any,16 followed from that rejection? How did the products get17 delivered? Did you find someone else to do it?18 A. In some cases, there are other people in the19 warehouse, "You know, guys, I need help in" -- what was20 one of the names -- "East Boston." Either somebody21 else, they call a friend. They -- you know, or they22 say, "You know, I have enough time today, I can take23 these deliveries, and then I can take the other24 deliveries that you don't have nobody for today."

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1 There are a multitude of different things that 2 could happen, but in most cases, one of the other 3 agents that wants to do additional work, they come up 4 with some way of helping us out and getting the 5 delivery done. 6 Q. And do you have any sense as to how often it 7 happens that a delivery agent will reject an offered 8 route? 9 A. To be honest with you, I would like to say10 every day. It might seem like every day. It might be11 four out of five. It seems like every day it's12 somebody that, you know, doesn't want to do it or, you13 know, they might the take out delivery, they decide14 they don't want to do it.15 So there are a multitude of different things,16 but on daily basis, there are individuals that they17 just don't want to do, don't want to complete what they18 have agreed to help us with.19 Q. Right. And as far as you understand it, it's20 just because they said "I don't want to do it," full21 stop?22 A. Yes, that is basically what it comes down to.23 And sometimes I ask, "What does that mean?" Well, you24 know, they had a girlfriend problem. They had -- you

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1 know, I don't know. They were drinking too much the 2 night before. You know, multitude of different things 3 come up, but a lot of times it goes in, "I don't want 4 to do it. Find somebody else to do it." 5 Q. What about reasons such as, "I'm sorry, my 6 childcare fell through," or "I'm sorry, I'm halfway 7 through the route, but my car is broken down, I can't 8 complete it"? Are those reasons as well? 9 A. I'm sure that could happen as well.10 Q. You don't really know one way or the other.11 Is that fair to say?12 MR. DECAMP: Objection, vague and ambiguous.13 A. I mentioned the ones that I have heard, but14 the stuff that you had mentioned, that could be a15 possibility as well.16 BY MR. RABIEH: 17 Q. And you haven't heard those?18 A. No, I said the ones that I remember are the19 ones that I mentioned to you, that it was, like, last20 week, that was one of the latest that I heard. Could21 it be possible one of the things that you mention that22 somebody say "My child is sick," or "My childcare23 didn't come through," that could happen as well.24 Q. Have you heard that that's offered as a


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1 reason? 2 A. Yes. 3 Q. You heard those other reasons as well? 4 A. Correct. 5 Q. And for the delivery agents who say "I just 6 don't want to do it today," what are the consequences 7 for those delivery agents? Do they get offered less 8 work, for example? 9 A. They don't get offered less work. The10 deliveries for that day are taken care of. And if they11 cannot meet the requirements on day-to-day basis, we12 ask somebody else to bid for their route, because if it13 happens on multiple days and the individual -- somebody14 else says, "Hey, I'm covering this route every day,15 I'll do it for $5.80," or whatever the number is, and16 if the person that has agreed to complete a certain17 area and help us with, if they do not do it on daily18 basis, then we will find another delivery agent who is19 willing to do the work on consistent basis.20 Q. Right, I -- I mean, it's -- it seems to make21 sense if someone proves himself to be an unreliable22 agent, you don't want to continue to use his services,23 correct?24 A. Correct.

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1 Q. So although a delivery agent has the right to 2 reject a route, it's not as though there are no 3 consequences from a rejection? If he proves himself to 4 be unreliable, he will stop getting work from 5 Lasership? 6 A. It's not on reliability. Based on the 7 agreement, they are supposed to perform services so 8 that we can meet customers' requirements. 9 Q. Right.10 A. If he cannot meet the customer's requirement,11 they're in violation of their agreement. Because they12 agree when they come in and they accept delivery or13 they accept that they gonna provide services to help us14 with the geographical area or with multiple accounts or15 with, you know, if they are not able to help us with16 the assigned contract, that they have signed, in order17 to help us with deliveries, then they're in violation18 of their agreement and, therefore, you know, we just19 find somebody else who is willing to do deliveries.20 Q. Do you take the formal step of actually21 terminating the agreement?22 A. If they have the deliveries and they do not23 complete them in violation of the agreement and, for24 example, if delivery is not done and they take it home

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1 and the delivery is not completed and the customer is 2 looking for delivery, if they're in violation of the 3 agreement, it could be possible that their services are 4 no longer used. 5 Q. Well, you're right. I'm just focused on the 6 distinction between not using services and actually 7 terminating the agreement. 8 So I believe the contract gives either party 9 the right to terminate with notice; isn't that right?10 A. Correct.11 Q. Let's -- this is -- let's take a look at12 Exhibit 5, which is Mr. Sanchez' agreement. So on the13 second page, this is L000066, in paragraph 4, discusses14 termination, and in 4A it says it can be terminated by15 either party at any time by providing 15 days prior16 notice to other party.17 If an agent -- if a delivery agent with some18 regularity just rejects offered routes in the morning,19 doesn't even take them out for delivery, does that --20 how often does that result in Lasership just saying21 "You know what, you're not reliable. We're gonna22 terminate the agreement, and we will find somebody23 else"?24 A. If it's on a regular basis, I would feel that

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1 would fall under 4B. 2 Q. For a material breach? 3 A. For material breach of the agreement. 4 Q. Okay, okay. Do you know how often -- I want 5 to focus on the Woburn facility. Do you know how often 6 or how frequently Lasership has terminated contracts 7 with delivery agents? 8 A. It doesn't happen on frequent basis. 9 Q. Do you have a sense as to how often it's10 happened in the past year?11 A. No, I don't.12 Q. Do you have any -- if I say five times, ten13 times, can you provide any kind of number?14 A. I have no idea.15 Q. Do you think Mr. Deschenes would know?16 A. He might.17 Q. In addition to formally terminating an18 agreement, if someone proves himself to be unreliable,19 you can simply offer him fewer routes or offer him less20 work; isn't that right?21 A. We might ask him to do a different type of22 work. If there is something they cannot complete,23 there must be reason why either they are not doing the24 job for particular -- let's say for Cardinal, they do


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1 not want to do that route, we talk with them, and, you 2 know, we will try to ask him for help to do something 3 else. 4 Q. Okay. Is there a required time at which the 5 delivery agents are supposed to show up at the 6 facility, in Woburn, in the morning? 7 A. No. 8 Q. I have heard that they should there by 5:30 or 9 6:00. You don't know if there's any requirement to10 that effect?11 A. There's no requirement. No, there's no12 requirement.13 Q. What about for -- I would think that some of14 the Cardinal Health deliveries are time sensitive?15 A. I'm sure there is.16 Q. So wouldn't people working for Cardinal be17 expected to show up at a fairly regular time so that18 they can complete time-sensitive deliveries?19 A. If somebody agrees to do a certain geographic20 area and if there are any requirements in that area for21 certain deliveries to be done, it's up to the agent to22 decide what time they need to come in, in order to meet23 those time frames.24 Q. Okay. So it's not as though there's a

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1 requirement imposed by Lasership that you be here at a 2 certain time? It's just you have to be here in time 3 enough to complete the deliveries that you have agreed 4 to complete? 5 A. Correct. 6 Q. So the work drives the schedule? 7 A. They decide based on the timing of the package 8 what area they want to go to, how -- which route they 9 want to take, how they want to go. They decide that,10 and then they decide on what time they need to come11 into the office in order to be able to complete the12 Cardinal Health requirements for specific deliveries.13 Q. Do you know whether or not Cardinal typically14 has certain deliveries that need to be completed early15 in the morning, say, by 8:00 or 9:00 a.m.?16 A. I do not know of any specific one, but I'm17 sure every customer has certain things, certain18 requirements for their customers.19 Q. Right.20 A. Because you're talking about medication.21 You're talking about drugs. I do not know any specific22 about this particular, you know, this situation, but I23 am sure there is requirements that needs to be met.24 Q. I'll give you a hypothetical. It may be the

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1 case that, let's say, the Lahey Clinic regularly needs 2 certain deliveries by 8:30 in the morning and so 3 Mr. Medina knows I've got to be at Woburn facility at 4 6:30 in order to make sure I'm there by 8:30, something 5 like that? 6 A. Correct. 7 Q. So there could be just a regular practice he 8 knows, he has to come in at certain times in order to 9 complete deliveries because that's the routine10 requirement of Cardinal Health?11 A. He might have decided, yeah, you know, I want12 to come in by this time because I want to take this13 packages and do this and be there by that time, so I'd14 like to show up by this time to pick up my deliveries15 that I have agreed to do for you. So that is worked16 out between the delivery agent and the facility.17 MR. RABIEH: Okay. Stop for just a second.18 (Whereupon, a recess was held.)19 BY MR. RABIEH: 20 Q. Just to follow up on a previous line of21 questioning, does Lasership keep records of contractors22 who reject routes that are offered to them?23 A. No.24 Q. So there's no documents that Lasership could

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1 consult to see which contractors have rejected 2 assignments on particular days? 3 A. No. 4 Q. What does Lasership require of a contractor 5 before it engages it? I'm thinking of things like 6 background checks and drug test, that sort of thing. 7 Can you just take me through the requirements 8 Lasership sets for its contractors? 9 A. Nothing.10 Q. It doesn't require a background check for a11 delivery agent?12 A. It's not by Lasership.13 Q. Laser Courier, let me rephase that. Same14 question. But I'm asking about Laser Courier, Inc.15 A. Well, I did not mean, like, Lasership and16 Laser Courier. It's set by the customer that sends us17 the packages, so it varies from customer-to-customer.18 Q. Okay. So I'm looking at Exhibit 5, which is19 Mr. Sanchez' contract, and on the fourth page, there is20 paragraph 5D, the heading is "Background Investigation,21 Drug and Alcohol Testing."22 It reads, "Laser shall notify contractor when,23 pursuant to applicable law or a condition imposed by a24 Laser customer whom contractor is to service,


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1 contractor and contractor's drivers are require to 2 undergo a background investigation and drug and/or 3 alcohol testing." 4 So I was asking about this provision. You're 5 saying Laser does not on its own impose these sorts of 6 requirements on the drivers? 7 A. You're correct. 8 Q. Does Cardinal Health require background and 9 drug and alcohol tests for its delivery agents -- for10 the delivery agents who service its account?11 A. Yes, they do.12 Q. What about Amazon?13 A. Yes, they do.14 Q. What about Office Depot?15 A. They do as well.16 Q. Okay. And those are the three biggest17 customers who -- for whom deliveries are made out of18 the Woburn facility, correct?19 A. Correct.20 Q. So are there any delivery agents working out21 of the Woburn facility who have not undergone22 background and drug testing?23 A. I do not know.24 Q. But if they -- if there are delivery agents

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1 who have not undergone background, drug and alcohol 2 tests, they don't make deliveries for Office Depot, 3 Amazon, or Cardinal Health? 4 A. They cannot. 5 Q. Can you estimate what percentage of the 6 deliveries made out the Woburn facility are made for 7 those three customers? 8 A. Could you repeat the three customers, please? 9 Q. Amazon, Office Depot, and Cardinal Health.10 A. I would say probably about 70 percent.11 Q. For those three customers?12 A. Give or take, with some margin of error, yes.13 Q. Do you know if all of the delivery agents who14 currently make deliveries from the Woburn facility at15 some time service those three customers?16 A. I don't know.17 Q. Does Laser Courier or Lasership require18 delivery agents to pass any driving or road tests?19 A. No.20 Q. Does it do so pursuant to customer21 requirements?22 A. None that I know of.23 MR. RABIEH: I'd like to introduce what will24 be Exhibit 8, I believe.

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1 (Aryan Exhibit 8 was marked for 2 purposes of identification.) 3 BY MR. RABIEH: 4 Q. Do you recognize what has been marked as 5 Exhibit 8? 6 A. Please repeat the question. 7 Q. Do you recognize this document, Exhibit 8? 8 A. No. 9 Q. You don't recognize this?10 A. No.11 Q. So you don't know how it happened that12 Mr. Sanchez took what appears to be a road test?13 A. I can give an educated guess.14 Q. That will do for now.15 A. It's probably for DOT requirement. I believe16 Mr. Sanchez ID has a vehicle that is -- because I see17 it's marked "truck." So this is a -- based on the18 federal regulations, individuals over certain size of19 vehicle, which is 10,000 pounds gross vehicle rating,20 GVWR, that is the rating.21 Individuals that fall under those categories22 under DOT requirements, there are certain mandates by23 Department of Transportation that have to happen by the24 driver, and I believe this is one of those

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1 requirements. 2 Q. Do you -- okay. I understand this is an 3 educated guess, I understand that. But you believe 4 that Mr. Sanchez operates a truck in excess of 5 10,000 pounds gross vehicle weight? 6 A. Based on this, to be honest with you, I don't 7 know his specific vehicle. I haven't seen the 8 registration of the vehicle. 9 Q. Right, right.10 A. But based on this, I would say 90 percent11 since it's marked truck here, it's a vehicle that falls12 over 10,000 pounds and, therefore, he needs to follow13 the federal DOT mandates.14 Q. This is all sort of speculative, but it --15 I -- wouldn't it -- would it be surprising to you that16 someone is making deliveries for Cardinal Health17 operating a vehicle that size?18 A. Not at all.19 Q. Why? Does Cardinal have big deliveries that20 needs to be made?21 A. As far as I know, the minimum size of the22 vehicle needs to be van. As a matter of fact, you23 can't deliver with a car. Most cases, because the24 totes are so big that in a car after fitting one or two


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1 totes, it's probably -- you're not gonna be able to do 2 much more than that. 3 So it does not make sense for a requirement of 4 that size for a customer to have a car. So the minimum 5 is a van. And I do know that there are few drivers who 6 have step trucks and then some trucks like, you know, 7 24-foot trucks, so the van is the minimum size vehicle. 8 Q. Do you know what the gross vehicle weight of a 9 van typically is?10 A. No, but I do know that there's certain vans11 that are categorized as cargo vans, and they have12 10,000 plus. So I don't know on a typical van what the13 vehicle rating is, but I do know some of the vans are14 more than 10,000 pounds, but not all vans, and those15 vans over 10,000 pounds fall under DOT mandates.16 Q. Okay. So would -- if Mr. Sanchez drives one17 of those types of vehicles, would he need a DOT18 registration number even for just making deliveries19 within Massachusetts?20 A. Yes.21 Q. He would?22 A. He would.23 Q. And does Lasership have or Laser Courier have24 a DOT registration number that it will allow drivers to

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1 use? 2 A. That is -- that is a question I don't know the 3 answer to. The drivers need to have their own DOT 4 number. And if they do not have their own number, I 5 believe they automatically fall under Lasership. 6 Q. So Lasership -- they will use Lasership's DOT 7 number, if they have vehicles for which a DOT number is 8 required and they don't have their own? 9 A. They can use a Lasership DOT number. That is10 not a number that -- the DOT regulation is not a number11 that somebody can use or not use because, you know,12 it's -- belongs to a legal entity, but if they --13 Q. But if a laser delivery agent is using Laser's14 DOT number, would that number go on his vehicle?15 A. They could put that number on their vehicle,16 and then basically we would broker that to them in17 order for them to be able to complete the deliveries.18 Q. And would there be some kind of paperwork19 indicating that Lasership has some kind of interest in20 the vehicle?21 A. No.22 Q. There's no sort of lease-back arrangement that23 Laser gets involved in?24 A. No.

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1 Q. But, anyway, coming back to the road test, 2 Lasership does not require road tests of its drivers? 3 A. No. 4 Q. What about vehicle inspections? Does 5 Lasership do vehicle inspections? 6 A. No. 7 Q. What about performance evaluations? Does 8 Lasership evaluate the performances of its delivery 9 agents?10 A. No.11 Q. You don't keep track of how often they make12 timely deliveries or anything like that?13 A. No.14 Q. By the way, earlier we were talking about how15 delivery routes are offered to delivery agents, and we16 focused on Cardinal Health. Can you tell me how --17 let's focus on other clients or customers.18 How would delivery routes be offered when19 you're servicing the Office Depot account? Would it be20 similar.21 A. Yes.22 Q. So just to -- tell me if this is correct. So23 the tractor-trailer will come in with Office Depot24 products and a manifest will accompany it, and then

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1 those are organized according to certain geographic 2 areas and then presented to particular delivery agents 3 for delivery the next day. That's how it works for 4 Office Depot as well? 5 A. In that case, one part of the process is 6 different. 7 Q. Okay. Please tell me how. 8 A. Cardinal Health, they send paperwork. Office 9 Depot sends an electronic file.10 Q. And then you just print out the paperwork?11 A. Yes. So, basically, one is via paper. The12 other one is electronic. Same information, same kind13 of idea, but one is done electronically, and one is14 done --15 Q. But in both cases, the customer whose account16 you're servicing has arranged certain bundles for17 delivery in a particular geographic area?18 A. That's correct.19 Q. Lasership doesn't do that? That's what Office20 Depot and Cardinal Health does?21 A. Correct.22 Q. How about Amazon.com?23 A. They do electronically as well.24 Q. So, again, you have particular routes that


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1 Amazon.com has put together because it makes geographic 2 sense; is that correct? 3 A. Correct. 4 Q. And if one of your customers is dissatisfied 5 with a delivery agent's performance, how is that 6 communicated to Lasership? Do you have a customer 7 complaint hotline? Is there a number they can call and 8 complain about a delivery agent? 9 A. It varies. They could communicate with the10 general manager. They could communicate with the11 account rep. They could communicate to the driver. It12 varies. It can be communicated back to us in different13 channels.14 Q. Do you know how often it happens at the Woburn15 facility that complaints are channelled to Lasership16 from customers?17 A. I'm sorry. I don't understand the question.18 Q. Like, you know, how -- like on a daily basis,19 do you get complaints from customers? On a weekly20 basis? Is it less frequent than that?21 A. Unfortunately, probably happens on daily22 basis.23 Q. And what happens when someone at Lasership24 learns of a customer complaint? What does -- what

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1 happens then? 2 A. We get the information to find out which 3 delivery, what the situation is. We try to find out 4 parameters of the service failure. 5 Q. Okay. And then you talk to the delivery 6 agent? 7 A. And then we find out -- and then we try to 8 find out who delivery agent is and to find out what 9 happened from the delivery agent side.10 Q. And what kinds of complaints does Lasership11 hear from customers?12 A. I mean, it varies from A through Z.13 Q. I'm going to restrict my question to the14 Woburn facility.15 A. In any facility, it varies because it just --16 there are many different things that can happen. But17 the most frequent one is that why the delivery was18 late.19 Q. Do you have a sense typically what the reason20 is?21 A. Delivery agent was basically was not as22 efficient or as conscientious about doing what they23 were doing at the time of making decisions for certain24 deliveries.

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1 Q. And if you -- if -- if Lasership receives 2 multiple complaints about a particular agent, what are 3 the consequences for that agent? 4 A. I'm not sure about the consequences, but 5 discussion is had with the driver and communicated this 6 is what the customer is complaining about. So it's a 7 mutual customer of ours, and these are the things you 8 need to work on. 9 Q. Does it happen that less work goes to the10 delivery agent because of complaints?11 A. It could be.12 Q. Do you know if it does happen?13 A. I'm sure it does happen because customer might14 say this delivery agent is going to these five15 locations, this location has asked this driver not to16 come back here, so that delivery is -- you know, we17 have to find somebody else to do that delivery for18 them.19 Q. Right, okay. Are there any financial20 penalties associates with untimely deliveries? Do you21 make them pay a fine if they don't deliver on time?22 A. No fines. But if the customer doesn't pay us,23 there's no commission. If there's nothing paid for the24 stop, then based on the Schedule A there's no

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1 commission paid out. 2 Q. Oh, okay. So your contract with your 3 customers, do they require you to arrange for 4 deliveries by specified times? 5 A. Can you be more specific? 6 Q. So does it happen that if the deliveries are 7 supposed to occur by a certain time and they don't, 8 does the customer not pay Lasership or does it pay a 9 reduced rate? Are there allowances for late10 deliveries?11 A. If you do not fulfill the contract12 requirements assigned by customer to us and eventually13 to the delivery agents, the customer has the right to14 not to pay, and they can exercise that option.15 Q. So the customer may get the product but late16 and say "You're late, I'm sorry, I'm not paying you"?17 A. Correct.18 Q. Okay. And do you know how often that happens?19 Let me rephrase that question.20 Of the situations where there is a late21 delivery, do you know how often it happens that the22 customer actually refuses to pay because the delivery23 was late?24 A. Of the late deliveries, I would say maybe --


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1 this is complete guess -- maybe 10 percent. Because 2 some of the merchandise or the product that is being 3 delivered are refrigerated, so the refrigeration only 4 last certain number of hours. 5 So they have certain drugs that is being 6 refrigerated, and if it's past -- I'm not really sure 7 -- six hours, the refrigeration goes bad, so that 8 product has gone bad. So, therefore, you know, we have 9 not fulfill the contract terms and --10 Q. I see. So you think that Lasership may not11 receive payment in those situations where the12 consequence of late delivery is that the product itself13 is damaged?14 A. Correct.15 Q. And in those situation, Lasership is not paid,16 and the driver isn't paid?17 A. Correct.18 Q. And if that happens enough, there will be19 either less work for the driver or it might go so far20 to terminate the contract; is it that fair?21 A. If it happens often enough that they're22 in violation of the independent contractor, it would be23 considered a material breach of their agreement, and we24 will terminate the agreement based on violation of the

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1 agreement. 2 Q. And during the course of a day, is there any 3 process by which Lasership knows when deliveries are 4 being made? You know, does the -- are the products 5 scanned, for example, and then that information is 6 communicated back to Lasership so it knows when a 7 delivery occurs? 8 A. Deliveries are scanned and the information is 9 sent back to the customer.10 Q. To the customer?11 A. Correct.12 Q. Does it also go to Lasership?13 A. The equipment once it's scanned, it comes14 through Lasership, and then it goes to the customer.15 Q. So if Mr. Medina delivers a package at16 10:00 a.m. and scans the product, how long does it take17 for that scan to be transmitted to the Lasership? Is18 it fairly instantaneous?19 A. To be honest with you, I don't know.20 Q. It's wireless communication?21 A. It's wireless, correct.22 Q. And are contractors required to get signatures23 at each delivery stop from the customer?24 A. It varies from customer-to-customer.

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1 Q. That depends on the customers' requirements? 2 A. Correct. 3 Q. So, for example, in Exhibits 6 and 7, which 4 were the Medina manifests, we have signatures on there. 5 Does Cardinal want signatures on manifests as products 6 are delivered? 7 A. Based on my understanding, it's under DEA 8 regulations that they need to get a physical signature. 9 Q. And DEA, Drug Enforcement Agency?10 A. Drug Enforcement Agency, yes.11 Q. As I mentioned, there were numerous manifests12 that Lasership provided for the named plaintiffs. It13 looked to me they were all deliveries for Cardinal14 Health.15 Do these three plaintiffs make deliveries only16 for Cardinal Health?17 A. As far as I know.18 Q. How are payments made to the delivery agents?19 Who processes the payments?20 A. Lasership does.21 Q. You don't have a separate payroll processing22 company that does this?23 A. No.24 Q. So you keep track of how many deliveries are

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1 made, you know how much you get paid per stop, et 2 cetera, you do the calculations, make the requisite 3 deductions and present the final paycheck to the agent? 4 A. The drivers based on the scans and everything 5 else that they do on daily basis, that's sort of what 6 they tell us they have done the deliveries, what 7 deliveries they have completed. 8 Based on that information that comes through 9 the scan or through the manifest, that information is10 tabulated, and then based on Schedule One, it's11 calculated of how much is owed to the delivery agent.12 Q. Right, okay. How long has Lasership been13 making deliveries for Amazon.com in Massachusetts?14 A. I would say probably about a year.15 Q. So it's a fairly new customer?16 A. Yes.17 Q. And the reason I ask is because in the18 contracts that were marked as Exhibits 3, 4, and 5, if19 you look at Schedule One, there's no entry for Amazon,20 but then in the contract that was signed in 2011 -- and21 I'm gonna introduce one in a second -- there is an22 entry for Amazon.com. So let me just show you that23 one.24 (Aryan Exhibit 9 was marked for


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1 purposes of identification.) 2 BY MR. RABIEH: 3 Q. This will be Exhibit 9. Do you recognize 4 what's been marked as Exhibit 9? 5 A. Yes, I do. 6 Q. Is it fair to say this is the contract between 7 Laser Courier and Mr. Sanchez that was executed in July 8 of 2011? If you look at page L15, you will see the 9 date I'm referring to.10 A. Yes.11 Q. In Schedule One, there's now an entry for12 Amazon. This is page L17.13 A. Okay.14 Q. And I just -- I did not see that entry in the15 previous year's contract. Is this about, 2011, when16 Amazon became a customer for Lasership?17 A. Correct.18 Q. Also, on this Schedule One, in Exhibit 9, it19 says Route 33, for Mr. Sanchez, $9 a stop is the rate20 of commission, $1 stop for advertising and marketing21 commission.22 What is Route 33? What would that mean?23 A. In some instances, rather than having the name24 of the city, they might assign it a number.

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1 Q. But there's no entry for Cardinal. Do you 2 know if he's still making deliveries for Cardinal, or 3 does this mean he's making deliveries for multiple 4 clients and they just called it Route 33? 5 A. I do not know. 6 Q. Do you think -- we're gonna be deposing 7 Mr. Deschenes on Friday. You probably already know 8 this. Do you think Mr. Deschenes would know? 9 A. Yes.10 Q. What are the typical rates of payment for11 Amazon deliveries? Do you know that answer?12 A. I do not know.13 Q. Also, on this Schedule One, there's an entry14 for on-demand rates. This is just above the signature15 line.16 A. Correct.17 Q. Can you explain what on-demand rates are?18 A. On-demand means basically deliveries that19 customer might call and has not come in via truck the20 night before or the morning of, and it might be21 Cardinal might call at 8:00 in the morning, saying that22 our tractor-trailer left something behind, we need23 somebody to come and pick this up and take it to ABC24 hospital.

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1 That is considered an on-demand job because it 2 was not -- it did not arrive with the truck at the same 3 time as the rest of the deliveries that they were 4 expecting us to deliver that day. 5 Q. Okay. And on Exhibit 9, it says -- it looks 6 like compensation is 60 percent of revenue and 10 7 percent of revenue. Do you see that? 8 A. I see 45 and 5. 9 Q. Oh, I'm sorry. I was looking below that. I'm10 glad you pointed it out.11 What is the difference between -- there's an12 entry you were just pointing to that says on-demand13 45 percent of revenue and then 5 percent of revenue,14 and then below that, there's another entry for15 on-demand on route. What is the difference between16 those two entries?17 A. I have no idea.18 Q. But in this one -- so I guess in this contract19 with Mr. Sanchez, you have agreed that for on-demand20 deliveries he will get a total of 50 percent of the21 revenue from that delivery. 45 percent for the regular22 commission, 5 percent for advertising and marketing.23 A. Based on this entry, yes, that's what that24 means.

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1 Q. I just want to make sure I completely 2 understood. If a company is going to pay you $20 for 3 an on-demand delivery, he will see $10? 4 A. Correct. 5 Q. And how often does it happen that on-demand 6 deliveries are required? 7 A. Could you be more specific? Is it just the 8 Woburn facility? 9 Q. Yes, Woburn facility.10 A. Maybe once a week, maybe.11 Q. It's rare?12 A. Very rare.13 Q. And what are -- do you know which clients when14 they do call in for on-demand deliveries make those15 calls? I'm focusing on client names. Is it Cardinal16 Health? Is it Office Depot? Is it Amazon? Do you17 know who it is, typically?18 A. I'm not really thinking which client it is.19 Well, I wasn't really sure about the other clients when20 I gave you once a week, maybe, was only Cardinal.21 Because the other clients, I do not think they have22 that, but I'm not really sure.23 Q. So, typically, if there's an on-demand24 delivery out of the Woburn facility, it's typically for


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1 Cardinal and it happens infrequently? Once a week or 2 so? 3 A. Yes. 4 Q. You mentioned -- we talked earlier about 5 uniforms that the delivery agents wear. Are they all 6 required to wear Lasership uniforms? 7 A. It varies from client to client. 8 Q. Explain what you mean. 9 A. Because some clients, they do not let you get10 inside their facility, especially hospitals. So those11 types of clients, they require somebody to have some12 sort of identification before they let you inside the13 facility.14 Q. And so -- and what kind of identification do15 they want? Do they want it to say "Lasership" or do16 they want it to say like "Cardinal Health"? What do17 they want it to say?18 A. In case of Cardinal Health, they would like it19 to represent the company, which would be Lasership.20 Q. Does Office Depot have any requirement for21 uniform?22 A. At some points, I believe they wanted the23 clothing that the driver had to say "Office Depot" on24 it. It varies from the manager of the facility of the

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1 -- the Office Depot, they have different regions. 2 Based on each one of those managers, sometimes they 3 would like to see a different recognition of the driver 4 before they walk into the customer. So it varies from 5 customer-to-customer. 6 Q. Do you know if Amazon.com has any requirements 7 in the way of uniform? 8 A. Yes, they would like the Lasership -- 9 Q. So both Lasership and Cardinal Health want10 uniforms that say "Lasership"?11 MR. DECAMP: Objection. Amazon, not12 Lasership.13 MR. RABIEH: I'm sorry. Thank you.14 BY MR. RABIEH: 15 Q. So both Cardinal Health and Amazon want16 uniforms that say "Lasership" on them?17 A. Correct.18 Q. Is there any requirement that the vehicles19 have a Lasership logo on them?20 A. I'm not sure about Cardinal. For Amazon, they21 would like the name "Lasership" to be on the vehicle as22 well.23 Q. Do you know how many delivery agents have24 vehicles that bear the Lasership logo?

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1 A. No. 2 Q. Do you know how many of them wear uniforms 3 that have the Lasership logo on them? 4 A. No. 5 Q. Do you think Mr. Deschenes would know? 6 A. I can't speak for him. 7 Q. Does Lasership provide any training for its 8 delivery agents? 9 A. No.10 Q. Now, for Cardinal Health, that's a lot of11 pharmaceutical products and refrigerated products. I12 would think that would require some kind expertise or13 training; is that right or...14 A. I would assume that, you know, if somebody15 knows about deliveries or they done deliveries, they16 would have knowledge of what it takes to make a17 delivery.18 Q. Right. But if Cardinal wants things handled19 in a certain way, who communicates that information to20 the delivery agent? Does Cardinal do it or does21 Lasership do it?22 A. It could happen in either fashion.23 MR. RABIEH: Let me introduce Exhibit 10.24 (Aryan Exhibit 10 was marked for

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1 purposes of identification.) 2 BY MR. RABIEH: 3 Q. Do you recognize what has been marked as 4 Exhibit 10? 5 A. Yes. 6 Q. Can you state what that is? 7 A. It's one of the guidelines that Cardinal 8 Health mandates on us as part of their contract with 9 us, with Lasership.10 Q. Okay. Okay. So Cardinal Health requires11 Lasership to provide these rules, driver security12 rules, to the delivery agent?13 A. Correct.14 Q. And so on the second page, Mr. Sanchez has15 signed this one?16 A. Correct.17 Q. So is it -- so how did -- well, I'm not gonna18 assume anything.19 How did it happen Mr. Sanchez came to sign20 this? What was the process by which he was made aware21 of these rules?22 A. I do not know.23 Q. Do you know if Lasership presented it to him24 for signature or Cardinal Health did? Do you know one


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1 way or the other? 2 A. No, I don't. 3 Q. Do you know how many delivery agents there 4 currently are in Massachusetts making deliveries for 5 Lasership? 6 A. No, I don't. 7 Q. This is no secret. Mr. Deschenes says in his 8 affidavit it's 145. Do you have any reason to doubt 9 that's the case?10 A. That sounds in the right neighborhood.11 Q. Going back -- now, his declaration concerns12 only current delivery agents. Going back to13 March 2009, do you know how many delivery agents worked

14 for Lasership?15 A. No, I don't.16 Q. Do you have a sense of the turnover among17 delivery agents from year-to-year?18 A. No.19 Q. So you don't know whether it's 10 percent20 turnover? 50 percent turnover?21 A. I have no guess.22 Q. Is it fair to say that Lasership has never23 used employee drivers?24 A. Correct.

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1 Q. It's always been contractors? 2 A. Correct. 3 Q. And as long as Lasership has been in 4 existence, going back to 2000, it has used independent 5 contractors as delivery agents? 6 A. Correct. 7 Q. Are you aware of competitors who use employees 8 rather than independent contractors to make deliveries? 9 A. No.10 Q. I'm going to direct you to paragraph 19 of11 your affidavit, which is Exhibit 1.12 A. Paragraph 19?13 Q. Yes. It's on page 5.14 A. Okay.15 Q. I'm just looking at the last sentence. It16 says, "Lasership's competitors for this business,17 nearly all of which also use ICs, would face the same18 problem."19 Just for the record, IC means independent20 contractors?21 A. Correct.22 Q. So I'm just -- so you have the phrase nearly23 all of your competitors use ICs, which suggest that24 you're aware of some competitors who don't use ICs.

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1 I'm wondering what competitors you're aware of that use 2 employees? 3 A. I do not know any names. 4 Q. You are aware some use employees? 5 A. I heard that some use employees. 6 Q. But you can't think of -- as we sit here now, 7 you can't think of any -- let me -- I'll just -- let me 8 make sure I finished that question. 9 MR. RABIEH: Can you just read it back to make10 sure we have a clear transcript?11 (Whereupon, the requested portion of the12 record was read by the reporter.)13 BY MR. RABIEH: 14 Q. So as you sit here today, you're not aware of15 any particular companies, that you can name, that use16 employees to make deliveries?17 A. Correct.18 Q. Has Lasership ever considered using employees19 rather than independent contractors as drivers?20 A. No.21 Q. And why has it not considered that?22 MR. DECAMP: Objection, calls for speculation.23 You can answer if you know.24 A. That's just the way we have always done

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1 business. 2 BY MR. RABIEH: 3 Q. Going back to 2000? 4 A. 1986. 5 Q. That's right. So even when Laser Courier, 6 Inc., first started -- no. Was that Laser Courier or 7 was that actually Mahmoud? 8 A. Laser Courier, Inc., started in '86; that was 9 the first.10 Q. And Mahmoud was '88?11 A. Right.12 Q. But from the very beginning of the first13 company in this little nexus of companies, you've14 always used independent contractors?15 A. That's the way we have always done the16 business, and we believe we need to continue doing17 business in order to do what we do.18 Q. Right. Okay. Now, the delivery agents are19 responsible for many -- of the costs of conducting that20 business, right?21 A. Correct.22 Q. They pay for fuel expenses, correct?23 A. Correct.24 Q. Vehicle maintenance costs, correct?


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1 A. Correct. 2 Q. Various forms of insurance, right? 3 A. Correct. 4 Q. So there's liability insurance, right? 5 Vehicle liability insurance? 6 A. Correct. 7 Q. And also, at least for some contractors, cargo 8 insurance? 9 A. Correct.10 Q. And you also require them to have some11 workers' comp insurance or some equivalent thereof? I12 can direct you to the contract if you --13 A. It is not workman comp. It's occupational14 accident.15 Q. Okay. Look at Exhibit 5, which is16 Mr. Sanchez' contract, page 4. I believe this would be17 paragraph 5F, 1 and 2.18 A. Okay.19 Q. So, I mean, it seems it's a requirement of20 Lasership that "Contractor shall provide workers'21 compensation insurance coverage (or, if contractor22 prefers, occupational accident insurance coverage23 pursuant to subsection d(2) below where both state law24 allows and Laser approves.)"

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1 So it's one or the other? It's either 2 workers' comp or occupational accident insurance? 3 A. Correct. 4 Q. And that's a cost that the delivery agent 5 bears? 6 A. Correct. 7 Q. And Lasership also requires minimum coverage 8 for liability insurance, right? And I'm looking at the 9 next page, L69, in subsection H.10 A. Correct.11 Q. About halfway through the paragraph, it says,12 "In addition, if the lines following this subsection13 are initialled by Laser and contractor, contractor14 shall obtain a cargo loss and damage insurance policy15 in a combined single limit of not less than $20,00016 with a deductible no greater than $500 per occurrence."17 Do you see that?18 A. Correct.19 Q. The next page looks like it's initialled. Do20 you know, of the delivery agents who work in21 Massachusetts, do you know what percentage of them are22 required to carry cargo insurance in addition to23 liability insurance?24 A. No, I don't.

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1 Q. Would you think that all who make deliveries 2 for Cardinal Health, like Mr. Sanchez, are required to 3 carry cargo liability insurance? 4 A. Yes. 5 Q. But with Amazon.com or Office Depot, you're 6 not sure? 7 A. Correct. 8 Q. And you pay delivery agents on a 1099 basis. 9 They get 1099s from you, not W-2s, of course.10 A. 1099s, correct.11 Q. So Lasership does not make any FICA12 contributions or Medicare -- Medicaid contributions?13 That's the delivery agent's responsibility?14 A. Yes, it is.15 Q. I want to look at Schedule Two, to Exhibit 5;16 again, Mr. Sanchez' contract. It's almost towards the17 end. Schedule two describes rental fees for leased18 equipment. There are two entries there:19 "preprogrammed equipment" and "barcode scanner." I20 think I know what a barcode scanner is.21 But what is preprogrammed equipment?22 A. That's the unit that the scanner get attached23 to. I'm not a very technical person, but it's a unit24 that's like a mobile phone, and the scanner gets

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1 attached at the bottom. 2 Q. Is -- is it the device that actually 3 communicates the information that the barcode scanner 4 picks up? 5 A. Correct. 6 Q. And a barcode scanner, that's the thing you 7 scan over those lines of varied width, like at the 8 price checkout? 9 A. Correct.10 Q. And so Schedule Two says the rental fees for11 preprogrammed equipment, it's $17.50 a week. For the12 barcode scanner, it's $5.00 a week. That's the cost13 the delivery agent pays, right?14 A. Yes.15 Q. And then the next sentence, it says, "Lessee16 agrees to reimburse Laser Courier, Inc., for17 administrative charges in the amount of $2.50 per18 week."19 What are the administrative charges for?20 A. For processing the checks, copying the21 paperwork, anything that we might do for the delivery22 agent as far as administrative work is concerned.23 Q. Okay. So processing payroll, doing the24 paperwork like the manifests, that sort of thing?


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1 MR. DECAMP: Objection, vague, ambiguous. 2 BY MR. RABIEH: 3 Q. Actually, I'm gonna ask you to recharacterize 4 your answer 'cause I think I might have missummarized. 5 Let's get the record clean. 6 So what is the administrative fee for? 7 A. For processing their commission checks, for 8 copying paperwork, maybe manifest or anything else that 9 they might need, anything administrative that we might10 do on behalf of the delivery agent for them.11 MR. DECAMP: Michael, so we're clear, I don't12 do speaking objections, but if you want me to explain13 what any of my objections are about, I'll be happy to14 do that.15 MR. RABIEH: Oh, sure. They've been fairly16 clear. I understood what you've been objecting to.17 BY MR. RABIEH: 18 Q. In terms of the vehicles that the delivery19 agents drive, does Lasership have any requirements with20 respect to those vehicles? Does it require them to be21 certain size, certain age, that sort of thing?22 A. No.23 Q. It's up to the contractor?24 A. Correct.

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1 Q. I know I asked this before, but I've forgotten 2 the answer. Are the vehicles ever inspected by 3 Lasership? 4 A. No. 5 Q. So you don't check to see that the brakes are 6 working or the locks are secure, things like that? 7 A. No. 8 Q. Oh, and we talked earlier about the provision 9 in the contract that allows Lasership to terminate or10 Laser Courier to terminate contracts for material11 breaches.12 Can you summarize what you consider to be13 material breaches of the contract by the agent that14 would cause you to terminate the contract?15 A. That is a very broad question. Can you -- I16 mean, in my opinion, there could be many, many17 different -- I can give you one example: if somebody18 steal.19 Q. Theft.20 A. Theft. So there could be hundreds of21 different examples, but I'm just giving you one example22 that is very obvious one.23 Q. Well, let's focus on actual performance. What24 about untimely deliveries? At a certain point, if that

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1 happens enough, do you consider that a material breach? 2 MR. DECAMP: I'm not gonna try to -- I know we 3 kind of covered this before, if we can kind of focus 4 this. 5 BY MR. RABIEH: 6 Q. Let me just leave that question. 7 A. I have -- I don't remember anything because of 8 performance like being late, but mostly the breach of 9 contract to me, again, was -- one of the examples was10 stealing.11 Q. You're aware of times when this has happened?12 A. Absolutely.13 Q. And how many days a week does Lasership make14 deliveries? Is it seven days a week?15 A. It varies for customers, and it varies per16 facility.17 Q. Let's focus on the Woburn facility.18 A. In Woburn facility, it varies based on the19 customer.20 Q. Are there customers for whom Lasership makes21 deliveries on the weekend?22 A. Yes.23 Q. And are there customers for whom Lasership24 makes deliveries on a Sunday?

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1 A. Not in Woburn facility. 2 Q. So in Woburn you make deliveries six days a 3 week? 4 A. It varies on customer. 5 Q. Right. 6 A. For example, we make deliveries for Amazon six 7 days a week, but we make deliveries for Cardinal five 8 days a week. 9 Q. Are there any deliveries that Lasership makes10 in Massachusetts that are not made out of the Woburn11 facility or --12 A. Yes.13 Q. -- or the Meriden facility?14 A. Yes.15 Q. And can you describe those deliveries?16 Delivering from where to where?17 A. In the example that I'm thinking of right now18 is the cargo, merchandise, product, was picked up from19 the loading dock of the customer, and it was delivered20 to our customer's customer.21 Q. And was this one of the instances where, for22 example, the regular trailer truck didn't make that23 delivery, so it's one of these on-demand deliveries?24 A. No, this was more of a scheduled one. They


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1 had wanted the driver rather than coming -- rather than 2 sending the cargo or the product to our Woburn facility 3 for it to be picked up from their facility. 4 Q. Did this -- was this a regular occurrence or 5 was it a rare occurrence? 6 A. In this situation I'm thinking about, it was 7 delivery area that was on a regular basis. 8 Q. Who was the client? 9 A. Cardinal Health.10 Q. And so what -- and what did the delivery11 consist?12 A. I do not know.13 Q. Not looking for the type of cargo, but14 delivering from where to where? Like, you said the15 customer facility. Where was that facility?16 A. I do not know which facilities they were going17 to, but it was being picked up from Peabody,18 P-e-a-b-o-d-y, Massachusetts, to a few different health19 care facilities. I do not know what the requirements20 were.21 I'm thinking the way they pulled their22 products, it was just the timing did not work, so that23 it was specific. It varied enough that they wanted to24 handle it in a different fashion, and they asked for

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1 the driver to report to their facility rather than the 2 merchandise to be sent to Woburn facility. 3 Q. And was that -- did that happen on a daily 4 basis? 5 A. For a period of time, yes. 6 Q. And does that still go on now? 7 A. I'm not sure. 8 Q. With respect to what time period were you just 9 referring?10 A. I believe it was going on at least about a11 year ago, but I'm not sure if it had stopped or it12 still continues.13 Q. And what about two years ago? Was it still14 going on?15 A. I do not remember. It might have been two16 years ago, but it was going on for a lot. I do not17 know if it had stopped right now or not.18 Q. Other than that instances, are there other19 regular deliveries that Lasership has made in20 Massachusetts that don't come out of the Woburn21 facility?22 A. Yes.23 Q. Can you describe those?24 A. There is another client that the driver

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1 reports to the customer's shop, and they would -- 2 whatever deliveries they might have, they give it to 3 the driver, and the driver makes the deliveries. 4 Q. Which customer is this? 5 A. This one is called Stratographics. 6 Q. Okay. So this is one of the smaller accounts? 7 A. This is one of the smaller accounts. 8 Q. And did this happen on a daily basis? 9 A. Yes.10 Q. Does it still go on today?11 A. Yes.12 Q. And how long has -- is there one delivery13 agent who routinely handles those deliveries?14 A. I believe there's two.15 Q. And for how long has this been going on?16 A. I would say probably at least three years.17 Q. Okay. Any other instances that you can think18 of, of deliveries in Massachusetts not made from the19 Woburn or Leominster facility?20 A. None that I can think of right now.21 Q. And when the delivery agents load their22 vehicles at the Woburn facility for going out to make23 the deliveries, is there any supervision of the loading24 process?

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1 A. No. 2 Q. We looked at Schedule One earlier. I can just 3 ask you the question. Is it fair to say that the 4 manner of compensation, by and large, is by the stop 5 except for on-demand routes, on-demand deliveries where 6 you get a percentage of the revenue? 7 A. Yes. 8 Q. That's the standard method of compensation; by 9 the stop?10 A. Yes.11 I just want to go on record. It might be12 called per stop or per delivery. To me, they are one13 in the same, but it could be, you know... But I want to14 say per delivery or per stop.15 Q. It's not, for example, by the hour? It's not16 by the mile?17 A. Correct.18 Q. It's by the actual delivery or stop, depending19 on how the contract reads?20 A. Correct.21 MR. RABIEH: Just off the record for a second.22 (Whereupon, a recess was held.)23 MR. RABIEH: Let's look at -- can you read my24 last question?


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1 (Whereupon, the requested portion of the 2 record was read by the reporter.) 3 (Aryan Exhibit 11 was marked for 4 purposes of identification.) 5 BY MR. RABIEH: 6 Q. Do you recognize what has been marked as 7 Exhibit 11? 8 A. Yes. 9 Q. And can you describe for the record what it10 is?11 A. This is a video that was provided to us by a12 third party that shows some of the requirements that13 Amazon requires for a residential delivery.14 Q. So this concerns only Amazon's requirements15 for deliveries?16 A. Actually, I need to go back.17 Q. Sure.18 A. I'm not really sure which video this19 certificate is for.20 Q. Oh, okay. So let's broaden out from here.21 Does Lasership show videos from time to time to22 delivery agents?23 A. Lasership shows a video at the time somebody24 wants to contract with us, that establishes the

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1 relationship between Lasership and the delivery agent, 2 so that they do understand what being an independent 3 contractor means and what their requirements are, maybe 4 by different state or by states of what they need to 5 do, so that once they enter into the relationship with 6 us, they do not say, "Well, I did not know what an 7 independent contractor means." 8 Q. But these are not videos that Lasership 9 produces?10 A. The one that I just refer to about what being11 an IC and being partners, as far as a delivery partner12 and delivery business partner means, is produced by13 Lasership.14 Q. So that particular video, that is produced by15 Lasership?16 A. That is produced by Lasership, yes. Correct.17 Q. Okay. And you show this to each of your18 delivery agents when you contract with them?19 A. That is a requirement for each individual20 before they sign an independent contractor agreement21 with us so that we feel comfortable they understand22 what they are getting -- what relationship they are23 getting into with Lasership.24 Q. And is it shown only once to the delivery

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1 agent, or do you show it at regular intervals like 2 every year, for example? 3 A. As far as I know, it's only at the beginning 4 of the relationship before they sign the independent 5 contractor agreement so that they understand what the 6 basis of the relationship is. 7 Q. So at the Woburn facility, this would be shown 8 in the office space? You pop it into a TV or something 9 like that, VCR, DVD, or whatever, or can you watch it10 on-line?11 A. Actually, that's what I was trying to find12 out. I believe majority of it is done in our office,13 but I do believe there is a situation that somebody can14 go and look at it at their home, at somewhere outside15 of the Lasership facility.16 Q. And how long has this video been in existence?17 Does it go back to the days of shag carpeting, for18 example. Do you need to update the décor, have a new19 video?20 A. I would say probably about three years.21 Q. This video only concerns the independent22 contractor relationship?23 A. The video I'm referring to is just about24 independent contractor relationship: what we are in

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1 the business of, what we do as Lasership, that we 2 provide logistics and the brokerage of deliveries, and 3 what the independent contractor needs to do, and that 4 they are responsible for their taxes, for their own 5 expenses, for their own gas and the maintenance of 6 their own vehicles. It basically describes that 7 relationship. 8 Q. Okay. Now, this one, Exhibit 11, is signed 9 2010, which is well after Mr. Sanchez became a delivery10 agent for Lasership. So I would assume this does not11 concern that particular video?12 A. It's probably the same video. I'm pretty13 certain that this is the same video. Once the video14 came in existence, we showed that to every driver15 whether they were just coming on board or whether they16 were with us for a duration of time. So if somebody17 had been with us for maybe five years, still when the18 video came out, we had everybody look at the video.19 Q. That's right. I see. 'Cause it's a20 relatively new video. You didn't have it five or ten21 years ago?22 A. Correct.23 MR. DECAMP: And it postdated shag carpeting.24 MR. RABIEH: Lucky for it, right.


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1 BY MR. RABIEH: 2 Q. It does say, "I have viewed the Lasership 3 informational IC video." 4 A. That's why when I started reading it, I 5 realized this is a video, and I needed to correct 6 myself about the residential delivery comment that I 7 made. 8 Q. And so that video -- this video does not 9 explain how to make deliveries?10 A. This video does not. Exhibit 11 is not the11 video that shows instructions for residential12 deliveries.13 Q. Now, are there other videos that do provide14 such instruction?15 A. No.16 Q. There's nothing from Amazon or Cardinal Health17 that delivery agents have to watch before they start18 making deliveries for those clients?19 A. For Amazon, this third party had put20 deliveries together of some basic guidelines for21 residential deliveries.22 Q. But that's only for Amazon?23 A. Amazon and anybody -- Amazon for 99.9 percent24 of the times and any other delivery client that might

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1 have deliveries going to residences. 2 Q. But I'm sorry. But you showed it because 3 Amazon wanted you to show it to the delivery agents? 4 A. Correct. 5 Q. Is that the only client of yours that has 6 wanted such a video to be shown to delivery agents? 7 A. As far as I know, yes. 8 Q. Back to Exhibit 5, I believe it is, on the 9 very first page of Exhibit 5, that preamble section,10 paragraph C, up towards the top, it says, "Laser11 desires to retain the services of contractor on a12 nonexclusive basis."13 Do you see that line?14 A. Yes.15 Q. Can you explain what that means? I'm pretty16 sure I understand it, but I'd like you to explain it.17 A. Let me read the whole thing to make sure I18 am --19 Q. Sure, go ahead.20 A. It means that -- it means that we are looking21 for delivery agents who are willing to help us -- to22 help us by providing their services, the delivery23 services for us, but it does not have to be on24 exclusive basis. They can provide their services to

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1 other delivery partners as well. 2 Q. Right. And, in fact, I believe in your 3 declaration, which was marked as Exhibit 1, you refer 4 to bundling, that delivery agents can bundle services 5 offered to multiple companies? 6 A. Correct. 7 Q. Are you aware of delivery agents in 8 Massachusetts who actually do bundle or offer their 9 services to other companies?10 A. Yes.11 Q. And how many are you aware of?12 A. I don't know. It's just a purely guess13 because I have not verified --14 Q. Right.15 A. -- every -- I have not verified every that I16 am suspicious of this delivery partner does these, does17 those other things.18 Q. I understand this will be a guess or an19 estimate. But what is your sense as to how many20 delivery agents in Massachusetts actually make21 deliveries for other companies?22 MR. DECAMP: Let me instruct you. If you have23 a basis for providing information, please do so, but24 please don't just pull a number out of thin area.

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1 A. I do not have any basis to give you a 2 guesstimate. 3 BY MR. RABIEH: 4 Q. Okay. You have no basis in which to say it's 5 five or ten or something like that? You have no basis? 6 A. I have no basis -- 7 Q. Okay. 8 A. -- for a number. 9 Q. And with -- I'll just ask question. With10 respect to the three named plaintiffs, you have no11 basis to know whether or not they provide services to12 other companies?13 A. I do not.14 Q. Same line of questioning. Are you aware of15 any agents who make deliveries while -- for other16 companies while also making deliveries for Lasership?17 What I mean by that is if an agent is out making18 deliveries for Cardinal Health while making deliveries,19 he may also make deliveries for some other competitor,20 for some other customer? Let me rephrase that.21 Are you aware of any agents who bundle22 services for Lasership and some other company while23 making one delivery run?24 A. Yes.


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1 Q. Okay. And what are you -- tell me what you're 2 aware of. 3 A. One particular agent that I know of is Granite 4 State Shuttle Services. They provide services for us, 5 and they have other companies as clients. And they do 6 our deliveries while having other deliveries either 7 going to the same location or to the same vicinity, so 8 they combine deliveries together. 9 Q. And in what state is Granite State Shuttle10 Services located?11 A. New Hampshire.12 Q. I figured; I know my New England nicknames.13 Do you know how big a company Granite State14 Shuttle Services is?15 A. No, I do not.16 Q. But your understanding is that on the same17 vehicle there will be packages being delivered for18 Lasership and for some other company?19 A. Yes.20 Q. And do you know how often that happens?21 A. On daily basis.22 Q. And does Granite State Shuttle Services23 deliver packages from the Woburn facility as well?24 A. Yes.

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1 Q. Are you aware of any other instances where 2 some delivery agent bundles its services in the manner 3 we just described? 4 A. I do not know of any names, but there are 5 couple of other situations, but I do not know the exact 6 names. 7 Q. And the contracts allow the delivery agents to 8 have employees, right? 9 A. Yes.10 Q. Are you aware of delivery agents who have11 employees?12 A. We do not ask them about their relationship13 with how they run their business. So no, I do not know14 if they use employees or independent contractors.15 Q. Fair enough. Let me rephrase that question.16 Are you aware of contractors who have either17 independent contractors or employees who work with them18 to complete deliveries pursuant to the contracts?19 A. Yes. As a matter of fact, one of the20 plaintiffs, one of the three names that the contracts21 we looked at, when they were not available to do their22 own deliveries, they had somebody else complete their23 deliveries for them.24 Q. Do you know which individual that is?

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1 A. I believe it was Mr. Camillo. 2 Q. Camillo Medina? 3 A. Camillo Medina, yes. So I do not know what 4 the relationship of the individual was as far as -- not 5 relationship, I'm sorry. What the method of hiring 6 was, whether paid as independent contractor or they 7 paid as employee. 8 But in quite a few instances when they were 9 not available to complete the deliveries for the areas10 that they wanted to make deliveries for, they had11 somebody else come in and do their work for them.12 Q. So you're aware of situations where they get13 substitutes to complete work that for some reason they14 can't do on a particular day?15 A. Yes, yes.16 Q. Can you quantify how many delivery agents do17 that sort of thing?18 A. I do not have enough information to give you19 actual number.20 MR. RABIEH: Okay. Let me introduce another21 exhibit.22 (Aryan Exhibit 12 was marked for23 purposes of identification.)24 BY MR. RABIEH:

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1 Q. So Exhibit 12 is several of the drivers' 2 statements that I put together from Lasership's 3 document production. Do you recognize the documents 4 that have been marked as Exhibit 12? 5 A. Yes, I do. 6 Q. Can you just summarize what these documents 7 are? 8 A. This is basically a commission report or 9 commission statement that is given to the delivery10 agent with their weekly check.11 Q. Every week?12 A. This is every week.13 Q. So just take a look at the first page,14 Exhibit 12, so on the five weekdays listed here,15 Mr. Sanchez had 14 jobs each day. He was paid actually16 the same amount each day, 132.16, right?17 A. That's the way I'm reading it as well.18 Correct.19 Q. And then below it, there's entries for20 deductions. So the first one is admin $2.50. That's21 what we discussed earlier.22 A. On Schedule Two.23 Q. What is "radio 1," a deduction for $22.50?24 A. That is basically just a category here, but it


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1 reflects on what was on the Schedule Two, which had the 2 two-way programmed unit, scanner, which was 17.50, plus 3 the $5, hence, the addition of 22.50 here. 4 Q. Okay. And then below it, the last two entries 5 are cargo insurance for $7.00 and occupational accident 6 insurance for 22. So has -- does this mean Mr. Sanchez 7 has purchased insurance with Lasership's assistance and 8 so Lasership is deducting the premiums from its 9 paycheck?10 A. Correct.11 Q. So how does Lasership arrange for insurance12 for the delivery agents?13 A. There is an insurance broker that provides14 certain policies available to the drivers, and they15 extend the services to the delivery agents, to the16 drivers, and we administer the deductions from their17 checks, so they -- the insurance company gets the18 checks in lump sum rather than from each individual19 driver.20 And while we handle these deductions, those21 services that we provide for these deductions are22 covered in our admin fee.23 Q. Now, is it required that the delivery agents24 purchase the insurance that you just described, or can

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1 they get insurance elsewhere? 2 A. They can get insurance anywhere they want. 3 But if they do not find an avenue to provide that on 4 their own, we refer them to the broker that has made 5 their services available on a preferred rate. 6 Q. Okay. And do you know who the broker is? 7 A. It's Arthur J. Gallagher. 8 Q. And do most of the delivery agents purchase 9 insurance in this method, at least, cargo insurance and10 occupational accident insurance?11 A. As far as I know, yes.12 Q. Now, there's no entry for vehicle liability13 insurance. I take it that delivery agents arrange for14 that themselves?15 A. Correct.16 Q. You don't provide that. You don't serve as a17 clearinghouse, so to speak, for that kind of insurance?18 A. They do that on their own.19 Q. Okay. Just curious about the third entry for20 job, there appears to be a phone number or something21 attached to it, $120. Does that entry mean anything to22 you?23 A. The "job" is a category, just a manager or24 whoever has just pick it so they can enter this into

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1 the system. This -- the numbers are actually a job 2 number. 3 Q. Okay. 4 A. And this $120 is probably some services that 5 Mr. Sanchez provided to us but was not picked up in the 6 regular reporting and either the manager or the project 7 manager caught that and made an entry after the report 8 was processed but made sure that the delivery agent 9 gets paid for the deliveries they have completed for10 us.11 Q. That was very clear, but I'm gonna continue12 with my habit of trying to rephrase it. He did some13 work previously for which he didn't receive14 compensation, and this reflects the additional15 compensation that's being paid to him?16 A. Correct.17 Q. I'd like to ask you some questions about18 entries in your declaration, which was Exhibit 1.19 Let's look at paragraph 8 on page 2. The first20 sentence says "Because Lasership does not maintain21 separate facilities in Maine, Rhode Island, New22 Hampshire or Vermont, ICs often travel from23 Massachusetts into these states in order to carry out24 deliveries."

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1 I'm wondering if you can quantify how often 2 this happens. 3 A. On daily basis. 4 Q. Right. But how often? Like, how many trips 5 per day are made into those states? Can you quantify 6 it? 7 A. I believe at least anywhere from 50 to 8 70 percent of our drivers travel over from 9 Massachusetts to one of these states to complete their10 deliveries.11 Q. Is that on a daily basis?12 A. Yes.13 Q. So you think the majority of your -- half or14 more of your drivers on a daily basis are going into15 states bordering Massachusetts to complete deliveries?16 A. I believe so.17 Q. And do you have a sense as to what percentage18 of the deliveries those trips represent? For example,19 if someone has -- if someone has ten deliveries and one20 is into Vermont, it's 10 percent? That's what I mean.21 Do you have a sense as to what percentage of22 deliveries --23 A. Probably half of the number I mentioned, which24 would make it about maybe 25 to 30 percent.


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1 Q. That's how much you think is being delivered 2 into these other states from the Woburn facility? 3 A. Yes. 4 Q. And the final sentence in that paragraph says, 5 "Likewise, at times, ICs travel from Wallingford, 6 Connecticut, into Massachusetts to carry out 7 deliveries." 8 I take it we should now say Meriden, 9 Connecticut?10 A. Correct.11 Q. Can you quantify this "at times"? How often12 do ICs travel from Connecticut into Massachusetts to13 carry out deliveries?14 A. I do not know.15 Q. You really just don't know? There's no basis16 for it?17 A. It would be purely a guess.18 Q. Then in paragraph 9, you refer to customers19 who require irregular deliveries on a more sporadic20 basis, and then it says, "The latter group of customers21 relies on Lasership to have 24/7 availability to make22 critical deliveries of items such as emergency23 medications, time-sensitive financial materials, and24 similar items."

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1 Again, I'm looking for some basis for 2 quantification. How often does it happen that 3 deliveries have to be made on an emergency basis? 4 A. I do not know. 5 Q. Same question about the next sentence. "These 6 deliveries are typically not scheduled in advance and 7 do occur at predictable times or volumes." 8 Do you have any -- can you quantify that 9 statement? How many -- how many deliveries do you have10 to make that are not able to be scheduled in advance11 and occur unpredictably?12 A. To be honest, goes hand-in-hand with the first13 part of this. It's -- I do not have enough information14 to give you an actual number.15 Q. Okay. Are you aware, how often does it16 happen -- let me start again.17 The last sentence, "These deliveries can be18 requested at any time of the day or night, and on any19 day of the week."20 How often does that happen that an emergency21 delivery has to be made, say, after business hours,22 like, after 8:00 p.m.?23 A. Again, I do not know because I have not24 reviewed the documents for Woburn facility for how

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1 often in the past month or year that they have done 2 this. 3 Q. Okay. 4 A. But I do know they happen. 5 Q. It does happen? 6 A. Yeah. 7 Q. Do you know if it happens on a weekly basis? 8 Monthly basis? 9 A. I do not know that. I haven't checked the10 documents.11 Q. And then paragraph 10 talks about Amazon.com.12 Now, there it says it's Lasership's largest customer.13 What does that mean "largest customer"? Is that by14 volume of revenue or number of deliveries? What does15 that mean it's the largest customer?16 A. In any category that you can think of.17 Q. Let's focus on all of Lasership's business18 across the United States. Is Amazon the biggest19 customer?20 A. Yes, as far as number of deliveries, number of21 stops, number of orders, revenue. Any category that22 you would like to consider, Amazon is our largest23 customer.24 Q. Okay. Now, is that -- now, if you focus

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1 specifically on the Woburn facility, is that also true 2 for there? 3 A. I am not sure, but if it's not the largest, 4 it's top two. 5 Q. Right. That, Cardinal Health and Office 6 Depot? Those are your big clients. 7 A. Not Office Depot for Woburn. It's either 8 Amazon or Cardinal Health. 9 Q. Those are the two biggest?10 A. Yes. Amazon, if it's not number one, it's11 number two, but I do believe it's number one, but I12 haven't checked the numbers for the last month.13 Q. And in this paragraph, it says "...the14 shipment typically arrives at approximately 1:00 to15 2:00 a.m. and Amazon requires that these deliveries be16 completed by 8:00 p.m. the same day."17 So these come in on the regular18 tractor-trailer trucks we discussed earlier?19 A. Correct.20 Q. And then the manifests come with them, and21 they're delivered to the delivery agents, and Amazon22 wants them done by 8:00 p.m. the same day?23 A. There's no -- the manifests come in, you're24 correct, but it comes in electronically. It comes in


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1 electronically, the file comes in. And, again, reason 2 being the number of delivers are in thousands. So 3 paper does not really in this situation make sense, so 4 it comes electronically. 5 And then, you know, from there, we do 6 everything else that we discussed. The truck is 7 unloaded, and then, you know, they broken into 8 different geographical areas of where things have been 9 negotiated with different delivery agents. And then10 after that, the delivery agents will come in, pick up11 deliveries, and then off they go.12 Q. Right. Now, although I understand that you13 can't predict from day-to-day how much is gonna come in14 from Amazon.com, so you know some packages are gonna15 come in on a daily basis from Amazon.com, correct?16 A. Correct.17 Q. You would not characterize these deliveries as18 emergency deliveries, would you?19 A. Amazon deliveries?20 Q. Yeah.21 A. No.22 Q. And it says, "The volume of items to be23 delivered for Amazon varies significantly on a24 day-to-day basis."

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1 Can you quantify the variation? Say something 2 about time of year? How does it vary from day-to-day? 3 A. A lot would depend on what orders they get 4 from their customers. So one day could be -- again, 5 specifically talking about Woburn facility. Maybe one 6 day could be 4,000 deliveries, next day could be 1,500, 7 so the fluctuation goes up and down. 8 Q. In that order magnitude, you think 1,500 to 9 4,000. It can be twice as much one day to the next?10 A. Yes. Again, it's not every day the11 fluctuation is like that, but one day of the week all12 of a sudden the deliveries increases. And then they13 have different times of the year as well.14 Q. Right.15 A. Deliveries closer to holidays, as you16 mentioned about the time of year, so those kind17 of seasonal fluctuation does happen. But the way they18 pull orders from different distribution centers,19 sometimes they don't really have control over those,20 so, hence, the deliveries that we get, it fluctuates21 from day-to-day.22 Q. Is there any predictability to which day of23 the week is going to produce the biggest orders? Does24 it typically happen on Wednesday or Friday? Is there

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1 any -- can you -- can you predict from week-to-week 2 when the biggest day is gonna be? 3 A. I wish I could, but sometimes it -- it varies. 4 When you try to figure out, it's like this day of the 5 week, the next week it becomes something different. It 6 fluctuates differently. And that's one of the reasons 7 of, you know, the toughness of being able to handle the 8 volume that comes from that. 9 Q. And I imagine the busiest time of the year for10 Amazon.com deliveries is around Christmas holiday?11 A. Correct.12 Q. And how -- how does Lasership prepare for that13 increase in Amazon deliveries?14 A. Can you be more specific?15 Q. Well, I mean, I would think, you know, it's16 gonna be pretty busy from Thanksgiving to Christmas,17 roughly that time frame, so you might want to have more18 delivery agents available, that sort of thing?19 A. Okay, yeah, you were referring to that20 particular time of the year. During those times of the21 year, we basically go our delivery agents, we ask them22 if they have any additional help or if their volume in23 their area increases, if they have any other forms of24 help that they can do, that they can provide help for

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1 us. 2 And if there is not enough help that they 3 could provide on their own, we would go out and try to 4 contract some more delivery agents and have them kind 5 of be available. 6 And on any given day, once the delivery comes 7 in and we have extra load, you know, and there are 8 regular delivery agents are not able to handle, then we 9 will call upon those additional resources for them to10 come in and help us with deliveries.11 Q. Right. So when Lasership actually goes out12 and contracts with additional individuals for the13 holiday period, those are fairly short-term contracts,14 seasonal work, so to speak?15 A. Yes, and some of them stay on. And because16 typically sometimes when those deliveries happen, then17 the volume -- those customers stay on with Amazon. And18 then certain routes, you know, have the volumes19 continue, and those guys might stay on board for20 additional services and some are gonna be just21 seasonal.22 Q. Okay. Paragraph 11, you refer to competitive23 rates. How do you know what -- and I take it by24 "competitive rate," you mean competitive rate you're


(40) Pages 157 - 160




Page 161

1 offering to your customers: Cardinal Health and 2 Amazon? 3 A. Correct. 4 Q. How do you know what constitutes a competitive 5 rate? Do you know what your competitors are charging? 6 A. I do not know what our competitors are 7 charging, but the customers in the bidding process, 8 they eliminate different competitors, so by just a 9 educated guess you would know when you provide10 different bids on your proposals that, you know,11 whether you were in the ballpark of what was12 competitive or you were not in the ballpark of what was13 competitive for that customer.14 MR. RABIEH: Can we go off the record just a15 second?16 (Whereupon, discussion was held off the17 record.)18 BY MR. RABIEH: 19 Q. So let's take Cardinal Health, for example.20 So when you negotiate a contract with Cardinal Health,21 you discuss the rates you're gonna charge to them for22 completing deliveries, correct?23 A. Yes.24 Q. Okay, as part of the negotiations. Without

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1 giving me any numerical information, can you tell me 2 how the negotiations work? Like, do you offer a rate 3 and they come back and say, "no, we'll offer you X"? 4 How do you actually arrive at a number? 5 A. To be honest with you, I never done the 6 negotiation part. That's somebody else's department, 7 so I can't really -- I can't really come back and say 8 these are the different stages that we go through in 9 order to... I have educated guess about it, but I10 don't know exactly the process, so...11 Q. Okay. Do you know, as we sit here now,12 whether if Lasership wanted to charge, say, 5 percent13 more, that would be considered a competitive or14 uncompetitive rate by Cardinal?15 A. I would say it would be uncompetitive because16 there are so many agents -- Lasership -- you know,17 Cardinal calls us agents or delivery partners -- that18 are trying to get the business that I would think a 519 percent increase would get us terminated.20 Q. So that sounds like that's a -- beyond that's21 being as a sense as to what the competitive market is22 like, do you have any -- do you have any quantifiable23 information on which to base that answer?24 MR. DECAMP: Objection, vague and ambiguous.

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1 BY MR. RABIEH: 2 Q. I mean, have you actually -- have you -- has a 3 client said to you in negotiations or said to Lasership 4 in negotiations you want -- you know, something like 5 "I'm sorry, I can" -- "I can get the same service for 6 this much at another competitor," and giving you 7 information like that? 8 MR. DECAMP: I'll instruct you, you can answer 9 the question, but don't name any businesses if you can10 think of a business.11 A. I even lost track of the question.12 BY MR. RABIEH: 13 Q. What I'm wondering is, you've said that you14 think that a 5 percent increase in your rates would be15 uncompetitive. I'm just trying to understand your16 basis for thinking that a 5 percent increase would be17 uncompetitive.18 And I'm wondering if, for example, some client19 has said to you something like "If you increased your20 rates by this much, if you want to charge this much,21 I'm sorry, we're taking our business elsewhere."22 MR. DECAMP: Again, you can answer the23 question, but please don't name any specific clients.24 A. I know of situations that a customer says, "If

Page 164

1 you do not increase the rates, I will give you 2 additional year of contract, and if you want to do any 3 increases, this has to go to a bidding process." 4 So just, for us, to read between the lines, 5 meaning there shouldn't be increase. So I base one of 6 the comments that I made for you, about the 5 percent 7 increase as being terminated, based on those comments I 8 heard. 9 BY MR. RABIEH: 10 Q. And has Lasership done any analysis of its11 cost structure so that it knows how its cost structure12 would change if it switched to an employee model?13 A. Can you be more specific?14 Q. Have you actually crunched some numbers? Have15 you said, "Well, if we went to an employee model, we'd16 have to pay this much, we'd have to pick up this much17 in overtime, et cetera, that's gonna change our18 business model by" -- "that's gonna change our cost by19 X percent," et cetera?20 Have you done that kind of, like, hard data21 analysis?22 A. I have not done down to the every single23 percentage, but an overall guesstimate, I have run some24 numbers in my -- you know, in my head.


(41) Pages 161 - 164




Page 165

1 Q. Can you explain how you run these numbers? 2 What has been your internal thinking on this issue? 3 A. My internal thinking has been that our 4 expenses would increase. I have not gone down to 5 specific things, but I've just in general -- it's been 6 very general terms. I have not really done anything on 7 paper saying that, okay, these are -- this is what I'm 8 gonna do, this is not what I'm gonna do. It has not 9 been specific.10 Q. Is this sort of a back-of-the-envelope11 calculation that you've done yourself?12 A. Not even back-of-the-envelope, but just13 thinking that, hey, you know if this is not case, if14 this would be the case, the cost would increase.15 Q. And so you have not hired a consultant, for16 example, to analyze what switching to an employee model17 would do to your cost structure?18 A. No, I have not.19 MR. RABIEH: Let me introduce -- I think this20 will be the final exhibit.21 (Aryan Exhibit 13 was marked for22 purposes of identification.)23 BY MR. RABIEH: 24 Q. Do you recognize what has been marked as

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1 Exhibit 13? 2 A. Yes. 3 Q. And this is the declaration submitted by 4 Didier Milongo? 5 A. Yes. 6 Q. Do you know Mr. Milongo? 7 A. Yes. 8 Q. And in paragraph 5, it says that Lasership's 9 business records show that Mr. Medina's gross earnings10 from April 15, 2008, to April 15, 2011, were11 approximately $195,708.80.12 Do you see that?13 A. Yes, I see.14 Q. So my math tells me that's roughly $65,000 a15 year?16 A. Okay.17 Q. Would you agree with that calculation? Just18 divide by three?19 A. Correct.20 Q. Now, out of that $65,000, he has to pay for21 his fuel, he has to pay for his vehicle maintenance, he22 has to pay for insurance, all those sorts of things,23 right?24 A. Correct.

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1 Q. So has Lasership done any analysis -- let me 2 start over. 3 If Lasership bore those expenses rather than 4 Mr. Medina -- 5 MR. DECAMP: Milongo. 6 MR. RABIEH: No, Medina. No, Mr. Medina. 7 BY MR. RABIEH: 8 Q. -- you could offer him less in the way of 9 compensation, couldn't you? For example, if he has10 $5,000 in -- if you pay him $65,000 and 15,000 of that11 goes to vehicle maintenance and fuel costs, it's no12 difference to him if you paid him $50,000 and picked up13 the $15,000 in expenses.14 Would you agree with that?15 MR. DECAMP: Objection, calls for speculation.16 A. Yeah, I don't know. I can't speak for17 Mr. Medina.18 BY MR. RABIEH: 19 Q. Right. But if he's looking at income of20 $65,000 and then he has to pay out 15 in expenses, if21 you pick up 15 in expenses and paid him 50,000, the net22 is the same to him, isn't it?23 MR. DECAMP: Objection. Again, assumes facts24 not in evidence and calls for speculation.

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1 A. I can't speak for Mr. Medina. He might, he 2 might not. He might -- he might have many objections 3 or many -- to be honest with you, I don't know. 4 BY MR. RABIEH: 5 Q. Well, has Lasership done any analysis of how 6 it might alter the mix of payments that flow to 7 Mr. Medina or other delivery agents so that its cost 8 structure is not actually impacted? For example, by 9 picking up certain expenses and paying him less in10 terms of compensation?11 A. No, I have not.12 Q. And in paragraph 13 of your declaration --13 A. Exhibit 1?14 Q. Exhibit 1, yes.15 The first sentence says that "Lasership could16 not, as a practical matter, employ all of the ICs it17 uses, as well as all of the individuals who work for18 these ICs. The management and associated19 administrative costs of adding this number of employees20 would be cost prohibitive for Lasership."21 Again, I'm -- what is your basis for these22 conclusions? What you just -- what you answered23 briefly? Just your sense of the market and24 competitiveness and what would have to happen if you


(42) Pages 165 - 168




Page 169

1 switched to an employee model? 2 A. It's the sense of and experience that I've had 3 in the business and the nature of the volume of the 4 business coming and availability of the drivers. You 5 just have to have a lot of people doing extra things 6 that you are not accounting for, as far as availability 7 of the drivers, people kind of maybe sitting around and 8 not having anything to do because the work comes in or 9 the work doesn't come in.10 So just having a sense of all of those things11 and just a gut feeling for the business, it is my12 educated guess and my belief that that is going to13 introduce so many different elements into our business14 in order to provide the same level of service that is15 gonna do what paragraph 13 is telling us to do, that16 that is my belief and my -- part of my --17 Q. I think the -- you already said this, and I18 want to confirm. You haven't done any hard, financial19 analysis to confirm that this is actually the case?20 A. No, I have not done a budget analysis to21 support that, hey, it would be X amount of dollars more22 if I do X, Y, and Z. That is correct.23 Q. And in paragraph 20, page 5, you say that many24 of the ICs would not want to be employees of Lasership.

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1 What is your basis for saying they would not want to be 2 employees of Lasership? 3 A. It's the sense that an individual has that 4 either I work for myself or I work for you. A lot of 5 these guys want to work for themselves. They don't 6 want to work for somebody else. And that was -- but 7 that's what drives a lot of them into coming in and 8 doing what they do. 9 A lot of people are not born saying that, hey,10 I want to grow up and become a driver. So they like11 the sense of working for themselves and making12 decisions on their own rather than being somebody13 else's employee and having to follow strict guidelines.14 Q. And what's your basis for saying that they15 want to work for themself? Have you had conversations16 with drivers who said this to you?17 A. Plenty of times.18 Q. Have you had conversations with drivers in the19 Woburn facility who have said this to you?20 A. Yes.21 Q. And how recently have you had such a22 conversation?23 A. It was probably about nine months ago.24 Q. Do you remember the individual's name?

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1 A. No. 2 Q. Other than that individual, what was the 3 previous time you spoke to someone making deliveries 4 out of Woburn who said he preferred to work on his own 5 as an IC rather than be an employee? 6 A. I was in our New York facility. They mention 7 their names, "I'm Jeff," "I'm Jack." I don't ask for, 8 you know, "What's your last name?" I might, but to be 9 honest with you, I don't remember. But New York10 facility and our Philadelphia facility, especially in11 this area, those are a lot of things that a lot of12 drivers or a lot of them come to our main office to13 drop packages or pick up something, and I speak with14 them as well, and I hear the same comments as well.15 Q. And those comments are they would prefer to16 be, quote, their own boss, unquote, rather than work17 for -- as an employee of a company?18 A. When the topic comes up, yes.19 Q. How many conversations like that do you think20 you've had in the past four years?21 A. I can't remember a number.22 Q. Get a sense. Couple dozen? Ten?23 A. I would say over 50.24 Q. And how many with employees in -- I'm sorry,

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1 with delivery agents in Massachusetts? 2 A. I remember one in Massachusetts because I was 3 there for a short period of time and only got a chance 4 to talk to one individual that was -- I believe it was 5 towards the end of the morning, so most of the drivers 6 had already left, so it was one of them. 7 Q. How did the topic come up, do you remember? 8 A. The individual was -- I was, like, "Hey, I 9 haven't seen you before," or "Are you new," and he10 mentioned "yes, I just joined you guys. I used to do11 something else, but I like being out there, being on my12 own, and being my own boss, so I like what I'm doing;13 so far, so good, we'll see what happens next."14 That was basically the gist of the15 conversation.16 Q. It sounds as though he volunteered that17 statement to you?18 A. Kind of, yes. He realized I'm maybe one of19 the owners, so he wanted to say, "Hey, I'm happy here."20 Q. Do you have any idea how long he had been21 working for Lasership?22 A. I believe it was about maybe a month or so.23 Q. Paragraph 22, second sentence, it says, "I24 frequently speak to my colleagues in Massachusetts and


(43) Pages 169 - 172




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1 nationally regarding the business models that they 2 use." 3 Can you describe for me the business models 4 that your colleagues use? 5 A. It's independent contractor model. 6 Q. That's by far the majority of the business as 7 far as you -- as far as you have come to understand? 8 A. Yes. 9 Q. And, again, you're aware that some are10 employees, but you can't name any of these companies?11 A. I don't remember the names.12 MR. RABIEH: Give me just two minutes.13 I have no further questions.14 MR. DECAMP: No questions.15 (Deposition concluded at 2:27 p.m.)16 17 18 19 20 21 22 23 24

Page 174

1 CERTIFICATE OF DEPONENT 2 3 I hereby certify that I have read and 4 examined the foregoing transcript, and the same is a 5 true and accurate record of the testimony given by me. 6 7 Any additions or corrections that I feel 8 are necessary, I will attach on a separate sheet of 9 paper to the original transcript.10 11 12 _______________________13 FARHANG ARYAN14 15 16 17 18 19 20 21 22 23 24

Page 175

1 Commonwealth of Virginia 2 County of Fairfax, to wit: 3 I, Christine A. Gonzalez, CSR, RPR, a 4 Notary Public of the Commonwealth of Virginia, County 5 of Fairfax, do hereby certify that the within-named 6 witness personally appeared before me at the time and 7 place herein set out, and after having been duly sworn 8 by me, according to law, was examined by counsel. 9 I further certify that the examination was 10 recorded stenographically by me and this transcript is 11 a true record of the proceedings. 12 I further certify that I am not of counsel 13 to any of the parties, nor in any way interested in the 14 outcome of this action. 15 As witness my hand this 23rd day of August, 16 2012. 17 18 _________________________________ 19 Christine A. Gonzalez, CSR, RPR 20 Notary Public 21 22 23 My Commission Expires: 24 June 30, 2013


(44) Pages 173 - 175




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adjacent (1) 48:21admin (2) 148:20;149:22administer (1) 149:16administrative (6) 128:17,19,22;129:6,9;168:19advance (2) 154:6,10advantage (2) 49:16,18advertise (2) 74:6;75:2Advertising (5) 73:18;74:4,18;113:20;115:22affidavit (7) 27:2;30:6,14,18;31:1;121:8; 122:11age (1) 129:21Agency (2) 111:9,10agent (59) 39:14,15,16,22;56:13;59:17; 60:11;61:14,18,19;64:19;66:9; 67:21;71:8;72:7;73:24;76:14; 78:18;79:14,18,24;84:11;87:7; 89:18,22;90:1;91:17,17;93:21; 95:16;96:11;102:13;105:8; 106:6,8,9,21;107:2,3,10,14; 112:3,11;119:20;120:12;126:4; 128:13,22;129:10;130:13; 135:13;138:1;139:1;140:10; 144:17;145:3;146:2;148:10; 151:8agents (82) 41:9,10,12;57:8,15,16,23; 59:13;60:4,5,23,24;63:24;64:8; 67:18;68:18,20;71:21;73:7; 75:20;76:10;79:8;85:20;87:3; 89:5,7;92:7;93:5;97:9,10,20,24; 98:13,18;103:9,15;104:2; 108:13;111:18;117:5;118:23; 119:8;121:3,12,13,17;122:5; 124:18;126:20;127:8;129:19; 135:21;137:22;138:18;141:17; 142:3,6,21;143:4,7,20;144:15, 21;146:7,10;147:16;149:12,15, 23;150:8,13;156:21;157:9,10; 159:18,21;160:4,8;162:16,17; 168:7;172:1agent's (2) 105:5;127:13ago (18) 7:10,11,22;8:2;23:12;31:17; 33:10,12,13,15,20;42:18;68:1; 134:11,13,16;140:21;170:23agree (7) 6:12;58:2;60:6;75:16;90:12; 166:17;167:14agreed (9) 58:7,20;64:17;79:12;87:18;

89:16;94:3;95:15;115:19agreed-upon (1) 58:24agreeing (1) 65:21agreement (21) 60:8;73:18,19,22;82:3;90:7, 11,18,21,23;91:3,7,12,22;92:3, 18;109:23,24;110:1;138:20; 139:5agreements (1) 79:7agrees (2) 93:19;128:16ahead (2) 42:3;142:19Akbar (2) 13:1;18:11A-k-b-a-r (1) 13:2Alcohol (4) 96:21;97:3,9;98:1Ali (9) 12:22;13:1,8;14:19;18:6,8,10, 11;21:10A-l-i (1) 13:1allow (2) 101:24;146:7allowable (1) 71:5allowances (1) 108:9allows (2) 125:24;130:9alphabetically (1) 63:6alter (2) 26:3;168:6Amazon (37) 36:4;37:9,16,20;38:22;44:5; 45:10;97:12;98:3,9;112:19; 113:12,16;114:11;116:16; 118:11,15,20;132:6;137:13; 141:16,19,22,23,23;142:3; 155:18,22;156:8,10,15,21; 157:19,23;159:13;160:17;161:2Amazoncom (11) 55:10;104:22;105:1;112:13, 22;118:6;127:5;155:11;157:14, 15;159:10Amazon's (1) 137:14ambiguous (6) 32:1;59:19;60:14;88:12; 129:1;162:24amount (4) 75:16;128:17;148:16;169:21analysis (6) 164:10,21;167:1;168:5; 169:19,20analyze (1) 165:16

ancient (1) 68:2and/or (1) 97:2and-a-half (5) 12:7,7;33:15;34:11;71:8annual (4) 21:11,14,23;22:2answer (19) 5:16;6:2,3,7;16:10;27:10,17; 45:16;59:20,24;60:15;102:3; 114:11;123:23;129:4;130:2; 162:23;163:8,22answered (1) 168:22answering (1) 29:2anticipated (1) 22:4anybody (3) 15:7;36:22;141:23anyway (1) 103:1appears (2) 99:12;150:20applicable (1) 96:23applies (1) 45:16approves (1) 125:24approximately (4) 17:2;47:19;156:14;166:11April (2) 166:10,10area (31) 52:11;57:22;58:2,5,14,21,23, 24;59:2,18;60:6,9,13,24;61:23, 24;62:5,8;79:15;82:11,23; 89:17;90:14;93:20,20;94:8; 104:17;133:7;143:24;159:23; 171:11areas (24) 52:2,4,5;57:22,24;58:8;59:15, 16;60:4,10,12,19;61:6,10;62:11; 79:5,8,11;82:7,9;83:3;104:2; 147:9;157:8area-to-area (2) 57:19;67:8arm (2) 32:17,18arrange (8) 56:17,21;58:7;60:22;82:15; 108:3;149:11;150:13arranged (3) 56:15;81:10;104:16arrangement (1) 102:22arranges (3) 54:14;56:3;59:11arrive (2) 115:2;162:4arrives (1)


(2) 9:00 - arrives




156:14Arthur (1) 150:7ARYAN (16) 5:3,8;7:2;18:6;30:15,22;63:3; 80:8,14;99:1;112:24;119:24; 137:3;147:22;165:21;174:13aside (2) 23:19;63:18asked (4) 9:12;107:15;130:1;133:24asking (7) 28:18,19,19;67:20;75:24; 96:14;97:4assign (2) 59:16;113:24assigned (18) 25:2,4;29:7,8;38:4,20,21,23; 57:8,10;58:5,17;60:12,13;81:22; 83:4;90:16;108:12assignments (1) 96:2assistance (5) 56:9,14,19,19;149:7associated (2) 83:16;168:18associates (1) 107:20assume (5) 26:4;50:15;119:14;120:18; 140:10assumes (1) 167:23attach (1) 174:8attached (3) 127:22;128:1;150:21attempt (1) 5:20attorney's (1) 5:14attractive (1) 50:9authority (2) 70:12;71:1automatically (1) 102:5availability (8) 27:19;61:8,13,14;68:21; 153:21;169:4,6available (11) 15:7;49:18;53:23;57:18; 70:20;146:21;147:9;149:14; 150:5;159:18;160:5avenue (1) 150:3average (1) 22:2Averill (4) 12:23;14:20;18:7,11A-v-e-r-i-l-l (1) 12:24aware (20)

29:12,18;120:20;122:7,24; 123:1,4,14;131:11;143:7,11; 144:14,21;145:2;146:1,10,16; 147:12;154:15;173:9

B

Bachelor (1) 11:7back (24) 12:10;13:10;15:2;40:1;68:17, 20;70:15,17;76:24;103:1; 105:12;107:16;110:6,9;121:11, 12;122:4;123:9;124:3;137:16; 139:17;142:8;162:3,7background (8) 10:5;96:6,10,20;97:2,8,22; 98:1back-of-the-envelope (2) 165:10,12bad (2) 109:7,8ballpark (2) 161:11,12banks (4) 44:15,21,22,24barcode (5) 127:19,20;128:3,6,12bargaining (1) 65:15base (3) 45:18;162:23;164:5based (36) 28:17;38:7,11,16;40:4,12; 41:9,10,13;52:2;58:10,18;59:4; 61:4;68:14,17,20;70:19;79:6; 82:6;84:22;90:6;94:7;99:17; 100:6,10;107:24;109:24;111:7; 112:4,8,10;115:23;118:2; 131:18;164:7basic (1) 141:20basically (25) 8:11,17;13:14,15;18:14;19:3, 13;32:11;35:1,4,10,20;68:12; 74:19;79:2;87:22;102:16; 104:11;106:21;114:18;140:6; 148:8,24;159:21;172:14basis (44) 36:11;38:16,24;69:7;84:19; 87:16;89:11,18,19;91:24;92:8; 105:18,20,22;112:5;127:8; 133:7;134:4;135:8;139:6; 142:12,24;143:23;144:1,4,5,6, 11;145:21;152:3,11,14;153:15, 20;154:1,3;155:7,8;157:15,24; 163:16;168:21;170:1,14Bates (2) 64:13;80:12bear (1) 118:24bears (1) 126:5

beginning (2) 124:12;139:3behalf (6) 69:14;71:23;72:3;74:18; 78:19;129:10belief (2) 169:12,16believe (27) 9:8;30:12;33:13;44:24;49:9; 77:4;91:8;98:24;99:15,24; 100:3;102:5;117:22;124:16; 125:16;134:10;135:14;139:12, 13;142:8;143:2;147:1;152:7,16; 156:11;172:4,22belongs (1) 102:12benchmark (1) 73:12benefits (4) 53:5,8,23;54:9best (2) 5:17;37:1better (2) 42:24;59:24beyond (1) 162:20bid (2) 68:9;89:12bidding (3) 75:19;161:7;164:3bids (1) 161:10big (11) 21:12;22:5;47:17;48:11;49:3, 7;61:19;100:19,24;145:13; 156:6bigger (1) 49:12biggest (5) 97:16;155:18;156:9;158:23; 159:2bike (1) 20:7biker (1) 20:7bikers (2) 19:20,22birth (1) 10:5Blake (4) 12:23;14:20;18:7,11blanche (1) 71:24blood (1) 27:21board (2) 140:15;160:19bordering (1) 152:15bore (1) 167:3born (2) 10:7;170:9

boss (2) 171:16;172:12Boston (3) 31:11;83:2;86:20bottom (1) 128:1box (1) 32:14boxes (6) 8:18,22;9:12;32:13;35:4; 51:24brakes (1) 130:5brand (1) 43:17breach (5) 92:2,3;109:23;131:1,8breaches (2) 130:11,13break (3) 6:6,8;47:9breakdown (2) 18:5;45:21breaks (1) 56:12briefly (4) 5:15;8:16;10:4;168:23bring (6) 62:2,6,9,10;68:14;72:13bringing (1) 72:9broad (1) 130:15broaden (1) 137:20broken (3) 86:5;88:7;157:7broker (5) 8:19;102:16;149:13;150:4,6brokerage (4) 8:18;15:5;19:16;140:2brokering (1) 18:15BS (1) 11:5budget (1) 169:20building (13) 20:2,2;47:20,22,24;48:2,6,14; 66:3,5,6,7;67:5buildings (1) 48:20bulk (1) 46:21bundle (5) 81:11;83:16;143:4,8;144:21bundles (4) 79:14;81:16;104:16;146:2bundling (1) 143:4Burlington (4) 82:18,19,19,23busiest (1)


(3) Arthur - busiest




159:9business (46) 7:8,12,13,14,15;8:5,16,17; 13:16;15:9;18:12;34:18;39:2; 43:2;45:7,13;49:22;50:9;68:15, 19;72:10,13;75:3;76:18;122:16; 124:1,16,17,20;138:12;140:1; 146:13;154:21;155:17;162:18; 163:10,21;164:18;166:9;169:3, 4,11,13;173:1,3,6businesses (1) 163:9busy (1) 159:16

C

calculated (1) 112:11calculation (2) 165:11;166:17calculations (1) 112:2call (18) 26:13;27:21;35:15;79:21; 83:14,22,23,24;84:1,3,4,5; 86:21;105:7;114:19,21;116:14; 160:9called (4) 5:4;114:4;135:5;136:12calls (5) 116:15;123:22;162:17; 167:15,24Cambridge (1) 60:19Camillo (4) 80:6;147:1,2,3can't (14) 62:17;88:7;100:23;119:6; 123:6,7;147:14;157:13;162:7,7; 167:16;168:1;171:21;173:10capacity (2) 12:4,5car (5) 86:5;88:7;100:23,24;101:4card (1) 74:16Cardinal (82) 36:2,4;37:8,15,19;38:20;44:5; 45:9;52:10;55:5,7;57:11,12,14, 21,21;58:11;64:22,23;72:16,17; 73:1,4;74:15;76:24;77:2,4,9; 78:9,13,17,19;79:3,22;81:2,10; 92:24;93:14,16;94:12,13;95:10; 97:8;98:3,9;100:16,19;103:16; 104:8,20;111:5,13,16;114:1,2, 21;116:15,20;117:1,16,18; 118:9,15,20;119:10,18,20; 120:7,10,24;127:2;132:7;133:9; 141:16;144:18;156:5,8;161:1, 19,20;162:14,17care (6) 37:12;62:7;79:2,24;89:10;

133:19cares (1) 78:23cargo (10) 101:11;125:7;126:14,22; 127:3;132:18;133:2,13;149:5; 150:9Carolina (3) 25:12,13,14carpeting (2) 139:17;140:23carry (5) 126:22;127:3;151:23;153:6, 13carte (1) 71:23case (12) 7:9,10;23:3;57:20;75:18;95:1; 104:5;117:18;121:9;165:13,14; 169:19cases (7) 7:6;71:3;84:3;86:18;87:2; 100:23;104:15catalogs (1) 32:11catch-all (1) 37:23categories (1) 99:21categorized (1) 101:11category (4) 148:24;150:23;155:16,21caught (1) 151:7cause (5) 27:11;72:14;129:4;130:14; 140:19caution (1) 36:10centers (1) 158:18certain (29) 61:6,10;81:11;89:16;93:19, 21;94:2,14,17,17;95:2,8;99:18, 22;101:10;104:1,16;106:23; 108:7;109:4,5;119:19;129:21, 21;130:24;140:13;149:14; 160:18;168:9certificate (2) 137:19;174:1certify (1) 174:3cetera (3) 112:2;164:17,19chance (1) 172:3change (4) 64:5;164:12,17,18changed (1) 24:18changes (5) 36:9,16,17;38:15;64:3

channelled (1) 105:15channels (1) 105:13characterize (1) 157:17charge (7) 34:14,18;50:22;68:18;161:21; 162:12;163:20charges (2) 128:17,19charging (2) 161:5,7check (4) 63:15;96:10;130:5;148:10checked (2) 155:9;156:12checkout (1) 128:8checks (5) 96:6;128:20;129:7;149:17,18Chelsea (1) 83:2child (1) 88:22childcare (2) 88:6,22choose (1) 53:18Christmas (2) 159:10,16City (4) 20:11,12;46:23;113:24clarification (1) 5:19classes (3) 11:11,19,21clean (1) 129:5clear (7) 5:17,20,24;123:10;129:11,16; 151:11clearinghouse (1) 150:17client (13) 26:13;66:6;79:20;116:15,18; 117:7,7;133:8;134:24;141:24; 142:5;163:3,18clients (17) 37:19,22;44:6,13;66:7;75:8; 103:17;114:4;116:13,19,21; 117:9,11;141:18;145:5;156:6; 163:23Clinic (2) 82:21;95:1close (3) 33:14;57:24;58:1closed (1) 33:9closer (1) 158:15clothing (2) 32:10;117:23

code (1) 52:12codes (1) 52:5colleagues (2) 172:24;173:4collections (1) 9:11college (1) 10:21Columbia (2) 9:24;25:11combination (1) 48:4combine (2) 33:19;145:8combined (3) 19:2;23:12;126:15combining (1) 15:15come (54) 36:19;38:8;40:18;41:6,8,14; 52:16;55:1;56:18,18;57:17; 58:8,22;60:9;70:14,17;75:15; 77:9;78:9;79:11;81:7;82:13; 84:1,3,6,11;85:4;87:3;88:3,23; 90:12;93:22;94:10;95:8,12; 103:23;107:16;114:19,23; 134:20;147:11;156:17,20,23; 157:10,13,15;160:10;162:3,7; 169:9;171:12;172:7;173:7comes (24) 35:2,7;51:23;54:16;57:4;58:4, 19;77:5,21;78:5;79:4;81:7; 83:15;87:22;110:13;112:8; 156:24,24;157:1,4;159:8;160:6; 169:8;171:18comfortable (1) 138:21coming (6) 40:1;103:1;133:1;140:15; 169:4;170:7comment (1) 141:6comments (4) 164:6,7;171:14,15commission (12) 64:18;73:16;75:7,10;107:23; 108:1;113:20,21;115:22;129:7; 148:8,9commissions (2) 73:17;74:19common (4) 8:14;9:1;15:20,22communicate (3) 105:9,10,11communicated (5) 72:3;105:6,12;107:5;110:6communicates (2) 119:19;128:3communication (3) 39:14;86:1;110:20communications (1)


(4) business - communications




84:23comp (3) 125:11,13;126:2companies (20) 8:9,18,22;15:14;16:2;19:9; 44:10,10,16,17;45:10;123:15; 124:13;143:5,9,21;144:12,16; 145:5;173:10company (37) 7:20,21;8:6;9:8,16;12:2,15; 13:23;14:4,5,6,13,16,23;15:4; 16:7,8;17:6,22,24;19:5,14,15, 19;20:23;21:12;22:5;24:21; 111:22;116:2;117:19;124:13; 144:22;145:13,18;149:17; 171:17comparison (1) 49:22compensate (1) 64:20compensation (17) 63:19;65:8,11;67:13,17;69:8, 11;70:12;71:5;115:6;125:21; 136:4,8;151:14,15;167:9;168:10competitive (9) 75:19;160:22,24,24;161:4,12, 13;162:13,21competitiveness (1) 168:24competitor (2) 144:19;163:6competitors (8) 122:7,16,23,24;123:1;161:5,6, 8complain (1) 105:8complaining (1) 107:6complaint (2) 105:7,24complaints (5) 105:15,19;106:10;107:2,10complete (21) 11:12;32:23;81:3;87:17;88:8; 89:16;90:23;92:22;93:18;94:3, 4,11;95:9;102:17;109:1;146:18, 22;147:9,13;152:9,15completed (6) 26:12;91:1;94:14;112:7; 151:9;156:16completely (1) 116:1completes (1) 26:18completing (1) 161:22concern (1) 140:11concerned (1) 128:22concerns (3) 121:11;137:14;139:21concluded (1)

173:15conclusions (1) 168:22condition (1) 96:23conducting (1) 124:19confident (1) 85:12confirm (2) 169:18,19Connecticut (20) 25:10;28:8;29:11;41:6,8,19, 21;42:4,5;43:8;44:2;45:2,8,22; 46:2,6,13;153:6,9,12connection (1) 8:12conscientious (1) 106:22consequence (2) 86:15;109:12consequences (4) 89:6;90:3;107:3,4consider (3) 130:12;131:1;155:22considered (5) 109:23;115:1;123:18,21; 162:13consist (1) 133:11consistent (2) 38:15;89:19consistently (1) 15:13constitutes (1) 161:4consult (1) 96:1consultant (1) 165:15continue (4) 89:22;124:16;151:11;160:19continued (1) 24:22continues (1) 134:12continuously (1) 20:24contract (51) 19:16;23:11;24:9,15;28:2; 29:1,5;32:22;62:14,15;63:7,8,8, 20,22;64:2,3,8;65:1;69:6,7; 71:10;72:17,17,20;81:3;90:16; 91:8;96:19;108:2,11;109:9,20; 112:20;113:6,15;115:18;120:8; 125:12,16;127:16;130:9,13,14; 131:9;136:19;137:24;138:18; 160:4;161:20;164:2contracted (3) 26:20;28:10;29:19contractor (27) 12:1;27:23;28:1;40:4;62:18; 64:18;67:10;96:4,22,24;97:1;

109:22;125:20,21;126:13,13; 129:23;138:3,7,20;139:5,22,24; 140:3;142:11;147:6;173:5contractors (21) 26:22;27:15;40:12;41:2,5; 69:3;85:17;95:21;96:1,8; 110:22;122:1,5,8,20;123:19; 124:14;125:7;146:14,16,17contractor's (1) 97:1contractor-to-independent (1) 67:9contracts (28) 22:22;23:2,6,15,20,24;24:11, 21;25:1,2,4;27:16;37:14;62:22, 24;63:14;64:11;69:4,11,12; 92:6;112:18;130:10;146:7,18, 20;160:12,13contracts' (1) 73:11contributions (2) 127:12,12control (1) 158:19controlled (1) 78:14convenience (2) 24:17,19conversation (2) 170:22;172:15conversations (4) 84:22;170:15,18;171:19copied (1) 9:12copying (3) 8:10;128:20;129:8corporate (4) 14:2;18:20,23;40:22corporation (6) 13:14,21,21;19:3,4;24:3corporations (4) 15:16,19;19:2;28:17Correct (190) 11:8,15;12:3;13:4;15:11;17:7, 8,10,13,15,17,20;18:22;20:6,8, 20;21:2,16,17;22:1,8,19,23; 23:7,22;24:1,4,7,13,24,24;25:3, 6,24;26:6,24;27:2,3,5,7,9,12; 30:21;32:24;33:11,24;34:3; 36:5;37:3,6,21;39:3,7,18,20; 41:16,20;42:14,19,20;43:1,3,6; 45:6,12,17,19;46:17;47:21;49:2, 6,12,21;50:7,11,14,17,19;54:4,8, 24;55:4,6,11;56:5;57:1;63:10, 13,17;64:9,24;66:13;69:1,2,4,5, 9;72:1,19;73:4,5,9,14,24;74:1, 24;75:13;77:22,23;78:3,11; 79:16;80:23;81:9,19;82:5,24; 83:9;84:9;85:18;89:4,23,24; 91:10;94:5;95:6;97:7,18,19; 103:22;104:18,21;105:2,3; 108:17;109:14,17;110:11,21; 111:2;113:17;114:16;116:4;

118:17;120:13,16;121:24;122:2, 6,21;123:17;124:21,22,23,24; 125:1,3,6,9;126:3,6,10,18;127:7, 10;128:5,9;129:24;136:17,20; 138:16;140:22;141:5;142:4; 143:6;148:18;149:10;150:15; 151:16;153:10;156:19,24; 157:15,16;159:11;161:3,22; 166:19,24;169:22corrections (1) 174:7correctly (3) 30:20;56:21;59:13cost (9) 126:4;128:12;164:11,11,18; 165:14,17;168:7,20costs (4) 124:19,24;167:11;168:19couldn't (1) 167:9County (2) 10:18,19couple (4) 44:24;80:3;146:5;171:22Courier (50) 12:9;13:19,20,23;14:3;15:17; 16:20,21;17:11,16;18:4,8,9,13; 19:8,15;20:14,17;21:18;22:21; 23:4,7,13,16,21;24:10,12,15,20; 26:20;27:16;28:2;29:1,5,19; 37:13,16;63:14,23;96:13,14,16; 98:17;101:23;113:7;124:5,6,8; 128:16;130:10Couriers (11) 15:18;16:24;17:18;18:4,10, 17;19:8,13;23:10,24;24:2course (2) 110:2;127:9court (3) 5:23;9:21,22cover (1) 38:14coverage (3) 125:21,22;126:7covered (3) 57:6;131:3;149:22covering (1) 89:14created (3) 24:23;79:17,19credits (1) 11:12critical (1) 153:22crunched (1) 164:14curious (3) 62:23;64:10;150:19current (3) 72:17;75:8;121:12currently (2) 98:14;121:4customer (61)


(5) comp - customer




26:16;32:8;33:20;35:2,8;36:2; 39:15,15;45:18;52:7;54:20; 55:3;56:3,11,16;59:1,4;61:15; 68:17;72:12;74:15;91:1;94:17; 96:16,24;98:20;101:4;104:15; 105:6,24;107:6,7,13,22;108:8, 12,13,15,22;110:9,10,14,23; 112:15;113:16;114:19;118:4; 131:19;132:4,19,20;133:15; 135:4;144:20;155:12,13,15,19, 23;161:13;163:24customers (34) 13:17;15:5,6,8;28:19;34:24; 44:3;55:21;56:16,23;59:5;74:8; 75:2;94:18;97:17;98:7,8,11,15; 103:17;105:4,16,19;106:11; 108:3;131:15,20,23;153:18,20; 158:4;160:17;161:1,7customer's (3) 90:10;132:20;135:1customers' (4) 61:4;68:6;90:8;111:1customer-to-customer (3) 96:17;110:24;118:5

D

d2 (1) 125:23daily (15) 38:16,24;84:23;87:16;89:17; 105:18,21;112:5;134:3;135:8; 145:21;152:3,11,14;157:15damage (1) 126:14damaged (1) 109:13data (1) 164:20date (3) 10:5;33:13;113:9dates (1) 63:16day (41) 6:16;34:15;38:10;52:23;59:2; 61:4,5;77:3;78:2,8,10,17;83:8, 12;85:11;87:10,10,11;89:10,14; 104:3;110:2;115:4;147:14; 148:15,16;152:5;154:18,19; 156:16,22;158:4,6,6,9,10,11,22; 159:2,4;160:6daycare (1) 58:1days (9) 89:13;91:15;96:2;131:13,14; 132:2,7,8;139:17day-to-day (16) 36:9,16,17,18;38:12,15;58:13, 15;59:3;61:2;70:19;89:11; 157:13,24;158:2,21DC (2) 9:23,24DEA (2)

111:7,9deal (1) 76:16DECAMP (30) 6:15,23;16:9,17;21:6;28:18; 32:1;36:10;39:23;43:20;47:10; 59:19;60:14;63:1;70:2;88:12; 118:11;123:22;129:1,11;131:2; 140:23;143:22;162:24;163:8, 22;167:5,15,23;173:14decide (10) 57:24;61:24;62:1;68:14,16; 87:13;93:22;94:7,9,10decided (3) 33:19;79:10;95:11decides (1) 70:15decision (1) 24:14decisions (2) 106:23;170:12declaration (6) 40:1;121:11;143:3;151:18; 166:3;168:12décor (1) 139:18dedicated (2) 39:6;54:18deductible (1) 126:16deducting (1) 149:8deduction (1) 148:23deductions (5) 112:3;148:20;149:16,20,21defendant (2) 9:17,18define (1) 25:17degree (3) 11:3,17,24deliver (9) 37:10;41:15;44:10;54:22; 55:7;100:23;107:21;115:4; 145:23delivered (23) 8:23;32:3;45:11;55:13,14; 77:22;78:2,10,12,21,22;81:11; 83:8,11;84:8;86:17;109:3; 111:6;132:19;145:17;153:1; 156:21;157:23deliveries (220) 8:21;15:5,6,8;18:16;20:2,3; 25:20;26:4,5,8,9;27:1;28:11,20, 21,23;30:2,6,9;31:2;32:9,18,23; 34:21,24;37:19;38:3,8;39:17; 40:3;41:1,4;43:7;44:21;45:21; 46:9,12,21;47:1;52:10;54:14; 56:17,18;57:3,12,19,23;58:3,8,9, 10,20,22,23;59:10,15,16,18; 60:7,8,10,23;61:1,6,10,11,12,17, 23;62:3,8,11,17,19;64:23;65:19,

23,24,24;66:2;67:5,12;68:22; 72:8,24;74:10;77:1,2,9;78:19; 79:10,11,12;82:15,17;84:12; 86:23,24;89:10;90:17,19,22; 93:14,18,21;94:3,12,14;95:2,9, 14;97:17;98:2,6,14;100:16,19; 101:18;102:17;103:12;106:24; 107:20;108:4,6,10,24;110:3,8; 111:13,15,24;112:6,7,13;114:2, 3,11,18;115:3,20;116:6,14; 119:15,15;121:4;122:8;123:16; 127:1;130:24;131:14,21,24; 132:2,6,7,9,15,23;134:19;135:2, 3,13,18,23;136:5;137:15;140:2; 141:9,12,18,20,21;142:1; 143:21;144:15,16,18,18,19; 145:6,6,8;146:18,22,23;147:9, 10;151:9,24;152:10,15,18,19, 22;153:7,13,19,22;154:3,6,9,17; 155:14,20;156:15;157:11,17,18, 19;158:6,12,15,20;159:10,13; 160:10,16;161:22;171:3delivering (5) 55:19;58:14;68:24;132:16; 133:14delivers (3) 20:3;110:15;157:2delivery (215) 9:4;19:17;22:22,24;23:5,20, 23;24:6;26:12,14,17,19;27:15, 18,20,23;28:3;29:18;39:14,15, 16,21;52:2,3,18;54:12;55:17; 56:4,7,13,21,22;57:8,9,15,15,16, 23;59:1,13;60:3,5,11,23;61:5, 14,15;62:4;63:23;64:8,19;66:9, 11,15,23;67:13,17,21;68:11,13, 17,20;71:8,21;72:7,7;73:7,24; 74:11;75:20;76:10,13;78:8,18; 79:5,13,14,18,24;81:17,17,22; 82:7,10;84:2,11;85:5,17,20; 87:5,7,13;89:5,7,18;90:1,12,24; 91:1,2,17,19;92:7;93:5;95:16; 96:11;97:9,10,20,24;98:13,18; 102:13;103:8,15,15,18;104:2,3, 17;105:5,8;106:3,5,8,9,17,21; 107:10,14,16,17;108:13,21,22; 109:12;110:7,23;111:18; 112:11;115:21;116:3,24;117:5; 118:23;119:8,17,20;120:12; 121:3,12,13,17;122:5;124:18; 126:4,20;127:8,13;128:13,21; 129:10,18;132:23;133:7,10; 135:12,21;136:12,14,18;137:13, 22;138:1,11,12,18,24;140:9; 141:6,17,24;142:3,6,21,22; 143:1,4,7,16,20;144:23;146:2,7, 10;147:16;148:9;149:12,15,23; 150:8,13;151:8;154:21;156:21; 157:9,10;159:18,21;160:4,6,8; 162:17;168:7;172:1Department (2) 99:23;162:6depend (1)

158:3depending (3) 39:1;70:22;136:18depends (6) 27:18;61:6,12;66:21;78:16; 111:1DEPONENT (1) 174:1deposed (4) 5:11;7:3,4;9:7deposing (1) 114:6deposition (5) 5:10;7:22;30:5,14;173:15depositions (1) 7:7Depot (24) 37:8,15,20;38:21;44:5;45:9; 52:9;54:22,23;97:14;98:2,9; 103:19,23;104:4,9,20;116:16; 117:20,23;118:1;127:5;156:6,7Deschenes (13) 30:18;31:10;34:1;39:4;50:18; 54:7;70:24;85:16;92:15;114:7, 8;119:5;121:7Deschenes' (4) 31:1,5;34:12;40:1describe (9) 8:16;18:14;19:10;48:2;51:17; 132:15;134:23;137:9;173:3described (2) 146:3;149:24describes (2) 127:17;140:6desired (1) 60:6desires (1) 142:11destination (1) 52:7detail (2) 8:15;44:9details (2) 76:18,19device (1) 128:2diapers (1) 78:15Didier (1) 166:4didn't (7) 16:17;25:17;44:8;88:23; 132:22;140:20;151:13difference (8) 35:18;62:23;65:10;66:14,17; 115:11,15;167:12differences (3) 63:18;65:7,16different (49) 19:2,10;37:5,7;38:8;39:5; 52:2;53:2,13;57:16;58:5;65:8, 11,18,20;66:10,24;67:5;68:12; 74:7;75:15;76:3,3,9;79:7,8;87:1,


(6) customers - different




15;88:2;92:21;104:6;105:12; 106:16;118:1,3;130:17,21; 133:18,24;138:4;157:8,9; 158:13,18;159:5;161:8,10; 162:8;169:13differently (3) 38:12;65:14;159:6Dilaghani (1) 18:8Dilmaghani (3) 12:22;14:19;18:7D-i-l-m-a-g-h-a-n-i (1) 12:23Dimaghani (2) 18:11;21:10direct (2) 122:10;125:12discovery (2) 8:9;80:1discrete (2) 60:12,17discuss (2) 54:10;161:21discussed (6) 44:4;50:16;75:14;148:21; 156:18;157:6discusses (1) 91:13discussion (4) 29:15;70:4;107:5;161:16Dispatcher (4) 35:15,19;39:12,13dispatchers (4) 35:17;39:8;50:16;54:6dispute (1) 10:1dissatisfied (1) 105:4distance (2) 65:18,22distances (1) 65:17distinction (2) 37:13;91:6distributed (1) 55:3distribution (1) 158:18District (2) 9:24;25:11divide (1) 166:18divided (2) 13:6;37:5divorce (2) 7:9,10dock (1) 132:19docks (2) 48:5,24document (4) 74:2;80:6;99:7;148:3documents (22)

8:10,18,22;32:6;44:6,11,12, 14,15,19,20;45:10;55:13;63:11; 80:21,22;83:7;95:24;148:3,6; 154:24;155:10doesn't (10) 8:24;24:3;56:9;87:12;91:19; 92:8;96:10;104:19;107:22; 169:9doing (17) 13:13;15:3;19:10,14;36:22; 74:9,17,18;86:9;92:23;106:22, 23;124:16;128:23;169:5;170:8; 172:12dollars (4) 22:7,8,14;169:21domiciled (1) 28:16domiciles (1) 28:22don't (83) 5:18,21;6:20;7:23;17:2;20:15, 18;36:12,21;37:12;40:11,18,19; 42:9;48:8;60:12;69:22,23; 71:12;72:21,22;76:19,22;77:11; 84:2,12;85:22,23;86:8,10,11,24; 87:14,17,17,20;88:1,3,10;89:6,9, 22;92:11;93:9;98:2,16;99:9,11; 100:6;101:12;102:2,8;103:11; 105:17;107:21;108:7;110:19; 111:21;121:2,6,15,19;122:24; 126:24;129:11;130:5;131:7; 134:20;143:12,24;150:16,16; 153:15;158:19;162:10;163:9, 23;167:16;168:3;170:5;171:7,9; 173:11DOT (12) 99:15,22;100:13;101:15,17, 24;102:3,6,7,9,10,14doubt (1) 121:8dozen (1) 171:22drinking (1) 88:1drive (4) 27:24;65:17,19;129:19driven (1) 65:22driver (18) 83:23;99:24;105:11;107:5,15; 109:16,19;117:23;118:3; 120:11;133:1;134:1,24;135:3,3; 140:14;149:19;170:10drivers (28) 19:16;23:9,11,20,23;24:8; 68:7,12;84:6;97:1,6;101:5,24; 102:3;103:2;112:4;121:23; 123:19;149:14,16;152:8,14; 169:4,7;170:16,18;171:12;172:5drivers' (1) 148:1drives (3) 94:6;101:16;170:7

driving (1) 98:18drop (1) 171:13drug (8) 96:6,21;97:2,9,22;98:1;111:9, 10drugs (2) 94:21;109:5duly (1) 5:4duplicating (1) 8:10duration (1) 140:16duties (2) 34:12;51:17DVD (1) 139:9

E

earlier (9) 17:11;50:16;69:18;103:14; 117:4;130:8;136:2;148:21; 156:18early (7) 51:13,14,15;77:12,13;83:7; 94:14earned (2) 22:9,13earnings (2) 21:16;166:9easier (1) 18:5East (2) 83:2;86:20Edmond (4) 39:19;68:24;70:9;85:4Edmond's (2) 63:7;65:1educated (5) 99:13;100:3;161:9;162:9; 169:12education (2) 11:9,10effect (1) 93:10efficient (1) 106:22e-h-r-a-n (1) 13:1eight (1) 42:17Either (16) 38:1;39:14;61:24;74:16; 86:20;91:8,15;92:23;109:19; 119:22;126:1;145:6;146:16; 151:6;156:7;170:4Electrical (2) 11:4,14electronic (2) 104:9,12

electronically (5) 104:13,23;156:24;157:1,4electronics (1) 32:10elements (1) 169:13eliminate (1) 161:8else's (2) 162:6;170:13emergency (4) 153:22;154:3,20;157:18employ (1) 168:16employee (9) 121:23;147:7;164:12,15; 165:16;169:1;170:13;171:5,17employees (25) 35:3;50:12,20;53:5,9,10,11, 13,14;54:7;122:7;123:2,4,5,16, 18;146:8,11,14,17;168:19; 169:24;170:2;171:24;173:10employment (1) 10:2emptied (1) 51:24ended (1) 42:23Enforcement (2) 111:9,10engage (2) 61:19;62:13engages (1) 96:5engineering (4) 11:4,14;12:4,5England (7) 28:6,7,11;31:3;41:18;47:2; 145:12enter (2) 138:5;150:24entire (1) 47:22entities (1) 28:10entity (1) 102:12entries (6) 64:22;115:16;127:18;148:19; 149:4;151:18entry (13) 112:19,22;113:11,14;114:1, 13;115:12,14,23;150:12,19,21; 151:7equally (1) 13:6equipment (5) 110:13;127:18,19,21;128:11equivalent (1) 125:11e-retailers (3) 32:10,19,20error (1)


(7) differently - error




98:12especially (4) 33:19;39:5;117:10;171:10essentially (1) 63:20established (1) 83:21establishes (1) 137:24estimate (7) 7:24;36:14,15;37:1;50:4;98:5; 143:19et (3) 112:1;164:17,19evaluate (1) 103:8evaluations (1) 103:7eventually (1) 108:12everybody (1) 140:18evidence (1) 167:24exact (1) 146:5exactly (4) 17:2;38:5;43:12;162:10EXAMINATION (1) 5:7examined (1) 174:4example (32) 27:20;29:20;41:7;51:5;56:10; 58:12;60:13;61:17;63:19;64:12; 65:16;71:7;75:9;86:5;89:8; 90:24;110:5;111:3;130:17,21; 132:6,17,22;136:15;139:2,18; 152:18;161:19;163:18;165:16; 167:9;168:8examples (2) 130:21;131:9excess (1) 100:4excessive (1) 71:12excluding (1) 23:17exclusive (1) 142:24excuse (1) 11:17execute (1) 64:8executed (3) 27:15;63:14;113:7exercise (1) 108:14exhibit (60) 30:14,15,18,22;31:4,6,6;40:2; 64:12,13,14,20;65:2,3,4;69:16; 80:5,8,14,24;81:1,5,20;82:16; 83:1;91:12;96:18;98:24;99:1,5,

7;112:24;113:3,4,18;115:5; 119:23,24;120:4;122:11; 125:15;127:15;137:3,7;140:8; 141:10;142:8,9;143:3;147:21, 22;148:1,4,14;151:18;165:20, 21;166:1;168:13,14exhibits (10) 23:1;63:3,9;67:19;73:18;80:3, 17,18;111:3;112:18exist (1) 14:24existed (2) 15:16;24:20existence (5) 13:22;14:8;122:4;139:16; 140:14expand (1) 50:9expectation (1) 84:6expected (1) 93:17expecting (2) 76:21;115:4expenses (8) 124:22;140:5;165:4;167:3,13, 20,21;168:9experience (1) 169:2expertise (1) 119:12explain (16) 14:1;52:3;60:1;61:3;65:7,9; 66:4,17;72:2;114:17;117:8; 129:12;141:9;142:15,16;165:1explained (2) 5:14;85:19expressed (2) 82:22;83:3extend (1) 149:15extra (2) 160:7;169:5eye (1) 16:15

F

face (1) 122:17facilitate (1) 8:21facilities (12) 33:18;41:18;43:9;46:11,16, 18;47:1,13,15;133:16,19;151:21Facility (112) 26:2;31:12,13,18,19,24;32:4; 33:2,3,9,17,22,23;34:2,13,14,15, 18,19,21;35:2,10,11;36:7;37:11; 41:7,8,17,22;42:1,11,12,16,23; 43:4,13;44:2,8;45:8,20;47:17; 48:9,11,16,23;49:3,7,11,19; 50:13,21;51:5;54:14;55:14,20;

56:4;57:17;68:7,15;70:19,24; 71:9;74:15,17;76:2,6;77:10; 78:1;85:1;92:5;93:6;95:3,16; 97:18,21;98:6,14;105:15; 106:14,15;116:8,9,24;117:10, 13,24;131:16,17,18;132:1,11, 13;133:2,3,15,15;134:1,2,21; 135:19,22;139:7,15;145:23; 153:2;154:24;156:1;158:5; 170:19;171:6,10,10facility-to-facility (2) 70:18;76:3fact (4) 41:12;100:22;143:2;146:19factors (5) 65:18,20,22;66:8;73:6facts (1) 167:23failure (1) 106:4fair (17) 22:12;36:18;43:8;56:24; 58:13;60:3;63:18;67:11;73:10; 81:13;82:19;88:11;109:20; 113:6;121:22;136:3;146:15fairly (7) 16:14;83:7;93:17;110:18; 112:15;129:15;160:13fall (4) 92:1;99:21;101:15;102:5falls (2) 82:10;100:11familiar (1) 5:13far (18) 83:18,20;87:19;100:21; 109:19;111:17;128:22;138:11; 139:3;142:7;147:4;150:11; 155:20;169:6;172:13;173:6,7,7FARHANG (4) 5:3;7:2;18:6;174:13fashion (2) 119:22;133:24fast (2) 52:24,24Federal (3) 9:21;99:18;100:13FedEx (6) 32:8,16,17,18,23;33:15fee (2) 129:6;149:22feel (4) 86:9;91:24;138:21;174:7feeling (1) 169:11fees (2) 127:17;128:10feet (5) 47:18,19;48:13;49:4,9fell (1) 88:6fewer (1) 92:19

FICA (1) 127:11Fifteen (1) 8:2figure (1) 159:4figured (1) 145:12file (2) 104:9;157:1final (9) 52:6,18;57:8,15;70:12;71:1; 112:3;153:4;165:20financial (12) 32:5;35:22;44:6,9,11,12,14; 45:10;55:13;107:19;153:23; 169:18find (21) 8:20;26:15;40:22;56:13; 58:19;77:1,7;83:10;86:17;88:4; 89:18;90:19;91:22;106:2,3,7,8, 8;107:17;139:11;150:3finding (1) 13:16fine (7) 6:21,23;36:12;40:10;70:14; 71:10;107:21fines (1) 107:22finish (2) 6:1;16:10finished (1) 123:8firms (1) 8:8first (20) 5:4;10:12;11:23;14:23;20:21; 31:5;54:13;61:18;69:21;79:15; 82:17;124:6,9,12;142:9;148:13, 20;151:19;154:12;168:15fitting (1) 100:24Five (16) 7:11,24;31:22;63:1,2,8;66:7; 67:5;87:11;92:12;107:14;132:7; 140:17,20;144:5;148:14floor (2) 66:22,23Florida (1) 25:12flow (1) 168:6flows (1) 21:23fluctuates (4) 55:16,17;158:20;159:6fluctuation (3) 158:7,11,17focus (10) 28:6;53:6;80:24;92:5;103:17; 130:23;131:3,17;155:17,24focused (2) 91:5;103:16


(8) especially - focused




focusing (2) 86:3;116:15folks (3) 28:19,21,22follow (3) 95:20;100:12;170:13followed (1) 86:16following (2) 77:3;126:12follows (1) 5:6foot (2) 20:3,4foregoing (1) 174:4forgotten (1) 130:1form (1) 6:13formal (2) 11:9;90:20formally (1) 92:17formation (3) 20:23;21:1;22:12formed (8) 14:13;15:3;16:20;17:1,5,11, 18;18:13forms (3) 74:8;125:2;159:23forth (1) 5:15founded (1) 17:15four (9) 12:18;13:3,7;19:1;63:1,2,7; 87:11;171:20Fourth (2) 28:5;96:19F-o-w-l- (1) 34:8Fowlkes (4) 34:7;69:18,23,24F-o-w-l-k-e-s (1) 34:7frame (1) 159:17frames (1) 93:23Fred (2) 16:9;36:10free-standing (1) 14:15frequent (3) 92:8;105:20;106:17frequently (2) 92:6;172:24Friday (2) 114:7;158:24friend (1) 86:21fuel (3)

124:22;166:21;167:11fulfill (2) 108:11;109:9full (2) 7:1;87:20further (2) 11:9;173:13

G

gain (1) 74:17Gallagher (1) 150:7game (1) 5:14gas (1) 140:5general (15) 31:11;32:6,7,15;34:19;38:1; 67:2;70:1,21,23;85:15;86:4; 105:10;165:5,6generally (2) 36:24;67:20geographic (4) 93:19;104:1,17;105:1Geographical (5) 52:5;57:22;58:21;90:14;157:8George (1) 11:20George's (1) 10:19Georgia (1) 25:12getting (5) 65:11;87:4;90:4;138:22,23girlfriend (1) 87:24gist (1) 172:14give (17) 7:24;12:19;18:5;52:20;59:24; 61:18;68:16;94:24;98:12;99:13; 130:17;135:2;144:1;147:18; 154:14;164:1;173:12given (7) 21:20;28:1,4;72:12;148:9; 160:6;174:5gives (1) 91:8giving (3) 130:21;162:1;163:6glad (1) 115:10go (44) 10:4,21;13:10;26:9,14;27:22; 29:13;35:3;36:19;40:9;42:2; 44:9;46:6,9,13;47:2;54:12; 56:14;57:2;58:20;66:5;68:19; 74:8,8;75:3;79:18;94:8,9; 102:14;109:19;110:12;134:6; 135:10;136:11;137:16;139:14, 17;142:19;157:11;159:21;

160:3;161:14;162:8;164:3goes (12) 35:7;45:9,22;67:4;88:3;107:9; 109:7;110:14;154:12;158:7; 160:11;167:11going (31) 26:19;52:10,12;61:6,10,24; 67:12;76:24;80:5,11;82:20; 83:1;106:13;107:14;116:2; 121:11,12;122:4,10;124:3; 133:16;134:10,14,16;135:15,22; 142:1;145:7;152:14;158:23; 169:12gonna (24) 5:16;37:11;43:7;62:21;90:13; 91:21;101:1;112:21;114:6; 120:17;129:3;131:2;151:11; 157:13,14;159:2,16;160:20; 161:21;164:17,18;165:8,8; 169:15Good (4) 5:8;28:13;39:22;172:13graduate (1) 10:15graduated (1) 10:23Granite (4) 145:3,9,13,22greater (1) 126:16Greg (1) 43:15gross (6) 21:16;22:14;99:19;100:5; 101:8;166:9ground (1) 5:15group (1) 153:20groups (1) 81:16grow (2) 49:17;170:10guess (15) 36:8,11,12;59:3;99:13;100:3; 109:1;115:18;121:21;143:12, 18;153:17;161:9;162:9;169:12guesstimate (4) 46:3,4;144:2;164:23guideline (1) 73:11guidelines (8) 71:4,20;72:2,5,6;120:7; 141:20;170:13gut (1) 169:11guy (1) 43:20guys (8) 68:9,9,10,10;86:19;160:19; 170:5;172:10GVWR (1) 99:20

H

habit (1) 151:12half (4) 46:5,6;152:13,23halfway (2) 88:6;126:11Hampshire (7) 27:8;28:8;29:10;40:3;46:8; 145:11;151:22hand (1) 20:3hand-in-hand (1) 154:12handle (8) 31:24;46:11,21;62:17;133:24; 149:20;159:7;160:8handled (1) 119:18handles (1) 135:13happen (32) 57:13;62:19;67:7;71:7;75:24; 84:17,20;86:2;87:2;88:9,23; 92:8;99:23;106:16;107:9,12,13; 108:6;116:5;119:22;120:19; 134:3;135:8;154:2,16,20;155:4, 5;158:17,24;160:16;168:24happened (6) 19:7;84:24;92:10;99:11; 106:9;131:11happening (1) 66:21happens (31) 56:2;57:7;71:14;76:1,5;79:15; 80:4;81:14;83:19;84:10,14,15, 21;85:10,14;87:7;89:13;105:14, 21,23;106:1;108:18,21;109:18, 21;117:1;131:1;145:20;152:2; 155:7;172:13happy (2) 129:13;172:19hard (2) 164:20;169:18haven't (6) 88:17;100:7;155:9;156:12; 169:18;172:9head (2) 6:4;164:24heading (1) 96:20headquartered (1) 9:23Health (61) 36:2,4;37:8,15,19;38:20;45:9; 52:10;53:7,16,17,19;55:5,7; 57:11,13,14,21,22;64:23;72:16, 18;73:1;76:24;77:2,9;78:9,13; 79:2,23;93:14;94:12;95:10; 97:8;98:3,9;100:16;103:16; 104:8,20;111:14,16;116:16;


(9) focusing - Health




117:16,18;118:9,15;119:10; 120:8,10,24;127:2;133:9,18; 141:16;144:18;156:5,8;161:1, 19,20Healthcare (1) 81:3Health's (2) 58:11;79:3hear (3) 35:24;106:11;171:14heard (10) 86:4,7;88:13,17,20,24;89:3; 93:8;123:5;164:8held (6) 29:15;47:11;70:4;95:18; 136:22;161:16hell (1) 80:11help (25) 39:1,5;51:23;56:12;62:2,2,7,9, 9,10,12;86:19;87:18;89:17; 90:13,15,17;93:2;142:21,22; 159:22,24,24;160:2,10helping (1) 87:4here's (1) 83:15he's (7) 35:1,4;43:17,20;114:2,3; 167:19Hey (7) 83:15;89:14;165:13;169:21; 170:9;172:8,19hierarchy (1) 14:4high (2) 10:15,21higher (1) 67:12highest (2) 14:4;22:10hire (1) 62:9hired (1) 165:15hiring (1) 147:5history (1) 68:3hold (1) 35:14holiday (2) 159:10;160:13holidays (1) 158:15home (6) 40:19;58:1;78:17;79:1;90:24; 139:14homes (1) 78:24honest (11) 31:21;53:9;59:8;77:11;87:9; 100:6;110:19;154:12;162:5;

168:3;171:9hoped (1) 50:9hospital (2) 78:16;114:24hospitals (2) 78:23;117:10hotline (1) 105:7hour (1) 136:15hourly (4) 53:10,11,13;54:11hours (9) 51:4,5,7;52:21,21,22;109:4,7; 154:21hundred (7) 18:9;22:6,7,8,14,17;30:10hundreds (1) 130:20Hyattsville (1) 10:13hypothetical (1) 94:24

I

IC (4) 122:19;138:11;141:3;171:5ICs (9) 122:17,23,24;151:22;153:5, 12;168:16,18;169:24I'd (8) 10:4;16:9;36:10;54:12;95:13; 98:23;142:16;151:17idea (6) 51:2;59:10;92:14;104:13; 115:17;172:20identification (13) 30:16,23;63:4;80:9,15;99:2; 113:1;117:12,14;120:1;137:4; 147:23;165:22I'll (17) 5:17;8:15;12:10;19:10;23:1; 25:9;39:21;60:1;75:20,21;80:2; 89:15;94:24;123:7;129:13; 144:9;163:8Illinois (4) 26:11,12,14,19I'm (121) 5:13,14,16;17:6;19:22;22:20; 24:2;28:21;29:2;30:1,5,8,14; 31:21;36:8;37:11,12;38:18; 41:3;42:2,9;43:7;45:1;47:2,5; 48:1,15,21;52:8;53:4,12;57:10; 60:16;62:21,23;64:10,21;65:9; 67:20;69:16;71:17;74:11;75:24; 76:2,21,21;77:18;80:5;82:16; 83:20;85:22;86:5,5,6;88:5,6,6,9; 89:14;91:5;93:15;94:16;95:4; 96:5,14,18;105:17;106:13; 107:4,13;108:16,16;109:6; 112:21;113:9;115:9,9;116:15,

18,22;118:13,20;120:17;122:10, 15,22;123:1;126:8;127:23; 129:3;130:21;131:2;132:17; 133:6,21;134:7,11;137:18; 139:23;140:12;142:2,15;147:5; 148:17;151:11;152:1;154:1; 163:5,13,15,18,21;165:7,8; 168:21;171:7,7,24;172:12,18,19imagine (1) 159:9immediate (1) 34:6impacted (1) 168:8important (1) 6:1impose (1) 97:5imposed (2) 94:1;96:23impressive (2) 43:18,20include (1) 50:15included (1) 21:19income (2) 21:19;167:19Incorporated (1) 24:22increase (11) 49:14;50:6;159:13;162:19; 163:14,16;164:1,5,7;165:4,14increased (3) 49:22;50:1;163:19increases (3) 158:12;159:23;164:3independent (20) 12:1;64:18;67:9;109:22; 122:4,8,19;123:19;124:14; 138:2,7,20;139:4,21,24;140:3; 146:14,17;147:6;173:5indicating (1) 102:19individual (18) 20:1;58:7;61:8,22;64:7;65:13; 66:22;67:2;86:10;89:13;138:19; 146:24;147:4;149:18;170:3; 171:2;172:4,8individuals (21) 8:20;12:22;19:1;28:10;30:2,4; 35:9,13,14;57:20;62:6,10;72:9; 76:7;85:7,8;87:16;99:18,21; 160:12;168:17individual's (1) 170:24information (18) 31:2;56:1;59:21;73:6;104:12; 106:2;110:5,8;112:8,9;119:19; 128:3;143:23;147:18;154:13; 162:1,23;163:7informational (1) 141:3

infrequently (1) 117:1initialled (2) 126:13,19initiated (1) 46:23inside (6) 32:12,14;35:11;68:7;117:10, 12insist (1) 6:20inspected (1) 130:2inspections (2) 103:4,5instance (1) 86:3instances (7) 78:22;113:23;132:21;134:18; 135:17;146:1;147:8instantaneous (1) 110:18instruct (3) 16:17;143:22;163:8instruction (1) 141:14instructions (1) 141:11insurance (32) 53:7,16,17,19;125:2,4,5,8,11, 21,22;126:2,8,14,22,23;127:3; 149:5,6,7,11,13,17,24;150:1,2,9, 9,10,13,17;166:22interest (6) 17:14,21;18:3;82:22;83:3; 102:19interested (1) 82:9internal (2) 165:2,3interrupt (1) 16:16intervals (1) 139:1introduce (12) 23:1;30:13,17;62:21;80:2,5; 98:23;112:21;119:23;147:20; 165:19;169:13Investigation (2) 96:20;97:2involved (4) 67:16,21,24;102:23Iran (1) 10:8irregular (1) 153:19Island (6) 27:4;28:8;29:11;40:4;46:7; 151:21Isn't (6) 83:19,19;91:9;92:20;109:16; 167:22issue (1)


(10) Healthcare - issue




165:2items (4) 75:14;153:22,24;157:22it's (124) 6:1,21;12:14;16:14;20:7;22:9, 15;24:11;26:15;36:15;37:4,4; 38:9,12;42:10;43:18;45:7;46:4, 20;51:7;52:24;53:3,12;57:24; 58:1,23;59:23;60:22;64:2,7,12, 13,14;65:3,4;67:1;69:21,24; 71:22;73:23;76:2,3,20;77:4,11, 19,24;79:19;82:6;83:21;84:4, 24;86:12;87:11,19;89:20;90:2, 6;91:24;92:9;93:21,24;94:2; 96:12,16;99:15,17;100:11,11; 101:1;102:12;107:6;109:6; 110:13,20,21;111:7;112:10,15; 116:11,24;120:7;121:8,19; 122:1,13;125:13,19;126:1,1,19; 127:16,23;128:11,12;129:23; 132:23;136:15,15,18;139:3; 140:12,19;143:12;144:4;150:7; 152:20;154:13;155:12,15;156:3, 4,7,10,10,11;158:10;159:4,15; 165:5;167:11;169:2;170:3; 173:5I've (5) 16:15;95:3;130:1;165:5;169:2

J

Jack (1) 171:7January (1) 10:10Jeff (1) 171:7Jeffrey (1) 33:4Jersey (1) 25:10job (9) 11:23;12:8;26:15;51:17; 92:24;115:1;150:20,23;151:1jobs (2) 51:20;148:15joined (1) 172:10July (2) 13:12;113:7jump (1) 56:13jurisdiction (2) 9:20,24

K

keep (5) 16:14;79:22;95:21;103:11; 111:24Ken (2) 34:7;69:24kept (2)

58:6;82:13k-e-s (1) 34:9kicks (1) 43:23kids' (1) 58:1kind (27) 7:6;8:5;19:9;32:3;43:10;44:1; 53:4;55:13;61:16;62:3;71:4; 78:12;86:1;92:13;102:18,19; 104:12;117:14;119:12;131:3,3; 150:17;158:16;160:4;164:20; 169:7;172:18kinds (3) 44:16;54:17;106:10know (208) 5:19;9:11;13:15;14:2;21:4; 25:17;28:6;29:21,22;30:1,1; 32:12,14;36:6,18;38:13;39:9; 40:13,14,16,18,19;41:5,12; 43:19;44:19;48:6,18,20;49:17; 51:1;55:23;57:17,21;58:16; 61:20;64:3;65:20;66:8;68:9; 69:14;70:7,10;72:21,22,23;73:3; 74:10,12,12;76:1,2,5,9,10,12,20, 22,22;77:11,17,18;78:1;81:10; 82:14;83:18,20,23;84:10,14,15, 17,20,20,24;85:3,6,8,10;86:10, 15,19,21,22;87:12,13,24;88:1,1, 2,10;90:15,18;91:21;92:4,5,15; 93:2,9;94:13,16,21,22;95:11; 97:23;98:13,16,22;99:11;100:7, 21;101:5,6,8,10,12,13;102:2,11; 105:14,18;107:12,16;108:18,21; 109:8;110:4,19;111:17;112:1; 114:2,5,7,8,11,12;116:13,17; 118:6,23;119:2,5,14;120:22,23, 24;121:3,13,19;123:3,23; 126:20,21;127:20;130:1;131:2; 133:12,16,19;134:17;136:13; 138:6;139:3;142:7;143:12; 144:11;145:3,12,13,20;146:4,5, 13,24;147:3;150:6,11;153:14, 15;154:4,23;155:4,7,9;157:5,7, 14;159:7,15;160:7,18,23;161:4, 5,6,9,10;162:10,11,16;163:4,24; 164:24;165:13;166:6;167:16; 168:3;171:8knowledge (4) 76:19;82:6;84:19;119:16knows (7) 58:13;95:3,8;110:3,6;119:15; 164:11

L

L000066 (1) 91:13L000076 (1) 64:15L000284 (1) 64:13

L000966 (1) 80:6L000969 (1) 80:13L000974 (1) 80:13L00181 (1) 64:14L15 (1) 113:8L17 (1) 113:12L69 (1) 126:9Label (1) 63:1labeled (5) 64:12,13,14,14;80:6labels (2) 32:13;80:12Lahey (2) 82:20;95:1large (1) 136:4largest (5) 155:12,13,15,22;156:3Laser (72) 12:9;13:19,20,23;14:2;15:17, 17;16:20,21,24;17:11,16,18; 18:3,4,8,9,10,13,17;19:7,8,13, 15;20:13,16;21:18;22:21;23:4,6, 10,13,15,21,24;24:2,10,11,15, 20;26:20;27:16;28:2;29:1,5,19; 37:11,13,16;63:14,23;69:17; 70:8;96:13,14,16,22,24;97:5; 98:17;101:23;102:13,23;113:7; 124:5,6,8;125:24;126:13; 128:16;130:10;142:10Laser's (1) 102:13Lasership (186) 7:19;8:12,16,17;9:2;12:13,14, 15,17,18;14:3,5,8;15:9;16:5; 18:15;19:5,18,21;20:19,22;21:3, 12,20,23,24;22:23;23:6;24:5,16, 21,22;25:4,7,21;26:4;27:14; 28:11,24;29:7,8;32:22;37:11,13, 14,16,17,18,18;47:14,22;48:3,4, 18,22;53:5,16,16;55:20;56:6,20; 59:13;60:3;66:9;68:23;69:1,14; 70:13;71:4,11,15,23;72:4;73:23; 74:5,6,18,22,22;76:14;77:1; 80:1;83:6;90:5;91:20;92:6;94:1; 95:21,24;96:4,8,12,15;98:17; 101:23;102:5,6,9,19;103:2,5,8; 104:19;105:6,15,23;106:10; 107:1;108:8;109:10,15;110:3,6, 12,14,17;111:12,20;112:12; 113:16;117:6,15,19;118:8,9,10, 12,16,19,21,24;119:3,7,21; 120:9,11,23;121:5,14,22;122:3; 123:18;125:20;126:7;127:11; 129:19;130:3,9;131:13,20,23;

132:9;134:19;137:21,23;138:1, 8,13,15,16,23;139:15;140:1,10; 141:2;144:16,22;145:18;149:8, 11;151:20;153:21;159:12; 160:11;162:12,16;163:3; 164:10;167:1,3;168:5,15,20; 169:24;170:2;172:21Lasership's (12) 7:13;14:7;40:5,12,24;102:6; 122:16;148:2;149:7;155:12,17; 166:8late (9) 106:18;108:9,15,16,20,23,24; 109:12;131:8latest (4) 85:23,24;86:8;88:20law (3) 8:8;96:23;125:23leapt (1) 25:15learns (1) 105:24lease (5) 19:22;42:22,24;47:22;50:9lease-back (1) 102:22leased (4) 47:14,16;50:8;127:17leases (3) 19:19;47:24;48:4leave (1) 131:6left (4) 79:21,23;114:22;172:6legal (2) 9:10;102:12Leominster (12) 31:13,20,23;32:4;33:1,2,9,21; 41:17;47:14;49:3;135:19Lessee (1) 128:15let's (29) 13:10;26:11;28:6;30:13;53:6; 54:16;57:2,2,11;58:12;59:9; 60:19;62:17,18;63:6;80:10; 91:11,11;92:24;95:1;103:17; 129:5;130:23;131:17;136:23; 137:20;151:19;155:17;161:19level (1) 169:14Lex (13) 7:15,15;8:5,24;9:2,4,9,9,10, 14,15,16,23L-e-x (1) 7:16liability (6) 125:4,5;126:8,23;127:3; 150:12lights (1) 34:15Likewise (1) 153:5limit (1)


(11) items - limit




126:15line (4) 95:20;114:15;142:13;144:14lines (3) 126:12;128:7;164:4listed (3) 71:9;81:16;148:14litigation (3) 8:11;9:7,20little (1) 124:13live (6) 30:5,8,12;40:13,14,17load (2) 135:21;160:7loading (4) 48:5,24;132:19;135:23local (1) 43:19located (1) 145:10location (5) 52:11;58:6;74:9;107:15;145:7locations (4) 25:21,23;26:1;107:15locks (1) 130:6logistic (1) 56:9logistics (1) 140:2logo (4) 74:22;118:19,24;119:3long (21) 7:10,22;12:6;22:2;31:19;33:7; 34:4,10;41:21;42:15;52:17; 72:16,22,24;110:16;112:12; 122:3;135:12,15;139:16;172:20longer (6) 31:16,17;42:12;65:16,18;91:4long-term (1) 78:16look (11) 31:4;91:11;112:19;113:8; 125:15;127:15;136:23;139:14; 140:18;148:13;151:19looked (3) 111:13;136:2;146:21looking (15) 15:4,6;28:22;69:16;82:16; 83:20;91:2;96:18;115:9;122:15; 126:8;133:13;142:20;154:1; 167:19looks (6) 81:15;82:17,18;83:1;115:5; 126:19loss (2) 33:19;126:14lost (2) 33:15;163:11lot (21) 32:9,14;35:21;36:19;38:15; 62:8,16;75:5;80:2;83:24;88:3;

119:10;134:16;158:3;169:5; 170:4,7,9;171:11,11,12Lucky (1) 140:24lump (1) 149:18Lynn (1) 83:2

M

magnitude (1) 158:8Mahmoud (19) 12:10,11,12;13:11,13,18; 14:12,22;15:12,17;16:6;17:5; 18:2,6,15;19:7,19;124:7,10M-a-h-m-o-u-d (1) 12:11main (3) 33:16;44:2;171:12Maine (9) 27:2;28:7;29:10,19;30:5,7,8; 40:3;151:21maintain (1) 151:20maintenance (4) 124:24;140:5;166:21;167:11major (1) 33:20majority (6) 13:8;21:9;46:1;139:12; 152:13;173:6making (33) 28:20,21,22;31:2;32:9;34:14, 17,18,23;35:1,6;39:17;45:4; 58:10;60:10;67:11;72:24;78:18, 19;100:16;101:18;106:23; 112:13;114:2,3;121:4;141:18; 144:16,17,18,23;170:11;171:3management (1) 168:18manager (42) 31:11;33:1,2,7;34:2,4,10,13; 35:15,19,22,24;36:3,20;37:24; 38:1,4;39:6;43:13,19,22;51:8; 67:2,3;69:24;70:1,20,21,21,22, 23,23;71:9;84:22,23;85:15,15; 105:10;117:24;150:23;151:6,7managers (8) 35:17;36:6;37:1;38:19;50:15; 54:6,6;118:2mandates (4) 99:22;100:13;101:15;120:8Manhattan (1) 46:20manifest (10) 79:17,19;81:7,15,16,21;83:16; 103:24;112:9;129:8manifests (7) 80:2;111:4,5,11;128:24; 156:20,23manner (2)

136:4;146:2March (1) 121:13margin (1) 98:12marked (23) 30:15,22;31:6;63:3;80:8,14, 18;99:1,4,17;100:11;112:18,24; 113:4;119:24;120:3;137:3,6; 143:3;147:22;148:4;165:21,24market (2) 162:21;168:23marketing (6) 73:16,17,19;75:10;113:20; 115:22Mary (1) 13:1Maryland (26) 10:13,17,18,22,23;11:17; 15:18;16:24;17:18;18:4,10,17; 19:8,13;23:10,10,14,17,19,23, 24;24:2,6,8;25:11;45:5Mason (1) 11:20Massachusetts (29) 25:9;28:9;30:7,7;31:14;40:14, 17;41:2,5;46:7;60:20;101:19; 112:13;121:4;126:21;132:10; 133:18;134:20;135:18;143:8, 20;151:23;152:9,15;153:6,12; 172:1,2,24master's (3) 11:11,13,19matching (1) 15:7material (6) 92:2,3;109:23;130:10,13; 131:1materials (1) 153:23math (1) 166:14matter (7) 9:10;10:3;24:17,19;100:22; 146:19;168:16matters (1) 7:6McGraw (1) 43:15M-c-G-r-a-w (1) 43:15MCI (2) 12:1,6mean (46) 7:13;8:7;25:19,22;26:1;28:7, 15;32:7;36:17;37:18;39:16; 42:15;51:15;52:3;57:10;60:16; 62:13;65:9,24;66:4,20;68:23; 71:17;72:5;74:2,21;77:13; 81:17;87:23;89:20;96:15; 106:12;113:22;114:3;117:8; 125:19;130:16;144:17;149:6; 150:21;152:20;155:13,15;

159:15;160:24;163:2meaning (1) 164:5means (10) 27:15;114:18;115:24;122:19; 138:3,7,12;142:15,20,20meant (1) 25:17Medicaid (1) 127:12Medicare (1) 127:12medication (1) 94:20medications (1) 153:23Medina (23) 39:19;62:18;65:3;68:23; 81:22,23;82:1,3,8,22;83:10; 85:3;95:3;110:15;111:4;147:2, 3;167:4,6,6,17;168:1,7Medina's (6) 63:7;75:9;80:7,12;81:20; 166:9meet (4) 89:11;90:8,10;93:22meets (1) 76:14Mehran (2) 12:24;18:11memory (1) 80:20mention (4) 68:13;74:8;88:21;171:6mentioned (17) 26:5;28:24;29:10;50:12; 57:20,21;69:18;83:22;85:22; 88:13,14,19;111:11;117:4; 152:23;158:16;172:10merchandise (12) 31:23;32:6,7,15;34:16;35:7; 56:4;58:4;79:4;109:2;132:18; 134:2M-e-r-i- (1) 42:6Meriden (25) 42:4,5,7,10,23;43:2,9,10,13; 44:23;45:1,2,12,16,20;46:10,12; 47:1,13;48:11,23;49:11,19; 132:13;153:8M-e-r-i-d-e-n (2) 42:5,7M-e-r-i-d-i-e-n (1) 42:8messenger (1) 20:7met (1) 94:23method (5) 66:18,19;136:8;147:5;150:9Michael (2) 5:8;129:11mid-morning (1)


(12) line - mid-morning




51:13midnight (1) 77:19Midwest (1) 26:22mile (1) 136:16million (6) 21:13,24;22:7,8,14,16Milongo (3) 166:4,6;167:5mind (1) 9:18minimum (4) 100:21;101:4,7;126:7minority (2) 13:9;21:4minute (1) 8:15minutes (1) 173:12Mississippi (2) 27:22,24missummarized (1) 129:4mistake (1) 42:10mix (5) 45:7;48:22;49:5;54:18;168:6mobile (1) 127:24model (6) 164:12,15,18;165:16;169:1; 173:5models (2) 173:1,3moment (1) 53:6money (4) 9:8,17;21:22;66:11month (3) 155:1;156:12;172:22Monthly (1) 155:8months (2) 34:5;170:23month-to-month (1) 38:9morning (15) 5:8;51:12,13,14;77:12,13,20; 83:8;91:18;93:6;94:15;95:2; 114:20,21;172:5motions (1) 6:13move (2) 10:9,11moved (3) 10:13;43:2,12multiple (7) 60:24;67:12;89:13;90:14; 107:2;114:3;143:5multitude (3) 87:1,15;88:2

mutual (3) 59:17;60:4;107:7

N

name (25) 5:8;7:1,15;9:10;12:23;13:1; 27:10;33:5;43:24;69:20,21,22, 23;80:7,12;81:21;86:11;113:23; 118:21;123:15;163:9,23; 170:24;171:8;173:10named (10) 18:2;23:3;57:12;62:22;63:15; 85:6;86:13,14;111:12;144:10names (10) 30:1;85:10;86:20;116:15; 123:3;146:4,6,20;171:7;173:11narcotics (1) 78:15nationally (1) 173:1nature (4) 9:6,13;27:18;169:3nearly (2) 122:17,22necessary (2) 33:18;174:8need (29) 5:19;6:5;8:18,22;45:10;55:13; 56:12;58:20,23;59:15;72:14; 77:2;78:9;83:8,11;86:19;93:22; 94:10,14;101:17;102:3;107:8; 111:8;114:22;124:16;129:9; 137:16;138:4;139:18needed (3) 8:9;40:21;141:5needs (14) 26:14;27:22;44:15;56:11; 61:4,15;72:7;78:2;94:23;95:1; 100:12,20,22;140:3negotiate (3) 57:18;76:15;161:20negotiated (9) 64:17;65:13;66:8;67:1;68:21; 72:9;73:21;82:8;157:9negotiates (1) 72:3negotiating (2) 71:22;75:17negotiation (3) 68:4;69:10;162:6negotiations (8) 66:21;67:17,21;70:8;161:24; 162:2;163:3,4neighborhood (3) 22:13;49:10;121:10neighboring (1) 46:6net (1) 167:21never (3) 71:14;121:22;162:5new (41)

13:15;14:16;19:20;20:9,10, 11,12;25:10,10;26:14;27:8;28:6, 7,8,11;29:10;31:3;40:3;41:18; 43:17;46:8,9,10,10,11,13,16,18, 22,23;47:2,2;112:15;139:18; 140:20;145:11,12;151:21;171:6, 9;172:9nexus (1) 124:13nicknames (1) 145:12night (3) 88:2;114:20;154:18nine (1) 170:23nods (1) 6:4nonexclusive (1) 142:12north (2) 25:9,11notarized (2) 6:20,21nothing's (1) 52:23notice (4) 27:1;78:5;91:9,16notify (1) 96:22number (40) 61:23;65:19,23,23;66:2; 89:15;92:13;101:18,24;102:4,4, 7,7,9,10,10,14,14,15;105:7; 109:4;113:24;143:24;144:8; 147:19;150:20;151:2;152:23; 154:14;155:14,20,20,21;156:10, 11,11;157:2;162:4;168:19; 171:21numbers (5) 151:1;156:12;164:14,24; 165:1numerical (1) 162:1numerous (1) 111:11nursing (3) 78:17,24;79:1

O

objecting (1) 129:16Objection (10) 32:1;59:19;60:14;88:12; 118:11;123:22;129:1;162:24; 167:15,23objections (4) 6:12;129:12,13;168:2obtain (1) 126:14obtained (1) 68:19obvious (1)

130:22Obviously (5) 6:15;53:11;72:6,14;82:2occasion (2) 16:16;53:2occupational (5) 125:13,22;126:2;149:5; 150:10occupied (2) 48:19,21occupies (2) 48:3,23occur (3) 108:7;154:7,11occurrence (3) 126:16;133:4,5occurs (1) 110:7offer (9) 61:1;76:11;84:13;92:19,19; 143:8;162:2,3;167:8offered (15) 71:15;81:23,23;83:17;85:4,9; 87:7;88:24;89:7,9;91:18;95:22; 103:15,18;143:5offering (2) 72:8;161:1office (33) 32:5;37:8,15,20;38:21;44:5; 45:9;48:5;49:1;52:9;54:22,23; 68:7;70:22;94:11;97:14;98:2,9; 103:19,23;104:4,8,19;116:16; 117:20,23;118:1;127:5;139:8, 12;156:5,7;171:12officer (4) 17:15,16;20:13,16officers (1) 9:13office-to-office (1) 61:21off-loaded (2) 58:4;79:6off-loading (1) 56:22oh (7) 11:17;44:7;108:2;115:9; 129:15;130:8;137:20okay (83) 6:9,11,18;7:10;8:3,5;9:4;10:4; 11:16,23;14:10,12;20:3,5;21:22; 22:18;25:9,22;28:5;30:13;34:1, 12;42:2;54:5;55:18;56:6;57:2,6; 59:12;60:21;62:12;75:17;77:21; 79:3;80:1;81:13;82:16;92:4,4; 93:4,24;95:17;96:18;97:16; 100:2;101:16;104:7;106:5; 107:19;108:2,18;112:12; 113:13;115:5;120:10,10; 122:14;124:18;125:15,18; 128:23;135:6,17;137:20; 138:17;140:8;144:4,7;145:1; 147:20;149:4;150:6,19;151:3; 154:15;155:3,24;159:19;


(13) midnight - okay




160:22;161:24;162:11;165:7; 166:16once (14) 7:8,8;35:11;58:2;68:19;82:12; 110:13;116:10,20;117:1;138:5, 24;140:13;160:6on-demand (14) 114:14,17,18;115:1,12,15,19; 116:3,5,14,23;132:23;136:5,5one-on-one (1) 76:14ones (8) 39:5;54:10;55:13;64:21; 73:15;88:13,18,19on-line (1) 139:10open (4) 34:15,18;51:5,6opened (1) 33:17operate (1) 25:8operates (2) 25:19;100:4operating (1) 100:17operation (8) 21:22;25:18,22;41:22;43:4; 51:4;70:22,23opinion (1) 130:16opportunities (1) 53:20opportunity (1) 49:15opposed (2) 40:15;52:7option (2) 60:9;108:14order (20) 9:12;32:12;34:16;61:16;62:7; 72:12;74:15,16;78:17;90:16; 93:22;94:11;95:4,8;102:17; 124:17;151:23;158:8;162:9; 169:14orders (6) 8:21;59:4;155:21;158:3,18,23organized (4) 37:22;78:8;79:4;104:1original (1) 174:9outside (1) 139:14overall (1) 164:23overlap (3) 35:21;36:22,22overlapping (3) 15:20,23,24oversight (1) 34:20overtime (3) 54:2,3;164:17

owed (4) 9:8,9,17;112:11owned (5) 12:14;13:18;47:15;55:20,21owner (8) 13:8;14:17,19,20,20;16:1; 17:5;18:9owners (3) 13:9;18:2;172:19ownership (14) 8:14;9:1;15:15,20,20,22,23, 24;16:4;17:14,21,24;18:3;19:1owns (1) 12:17

P

package (2) 94:7;110:15packages (13) 50:23;51:24;52:16;79:14; 83:11,17;84:7;95:13;96:17; 145:17,23;157:14;171:13page (16) 64:12,13,14;91:13;96:19; 113:8,12;120:14;122:13; 125:16;126:9,19;142:9;148:13; 151:19;169:23paid (16) 54:3;67:6;74:18;75:7;107:23; 108:1;109:15,16;112:1;147:6,7; 148:15;151:9,15;167:12,21paper (4) 104:11;157:3;165:7;174:9paperwork (12) 77:5,21;78:1;79:20,23;81:2; 102:18;104:8,10;128:21,24; 129:8paragraph (20) 40:2,6;91:13;96:20;122:10, 12;125:17;126:11;142:10; 151:19;153:4,18;155:11; 156:13;160:22;166:8;168:12; 169:15,23;172:23parameters (1) 106:4pardon (1) 28:18parent (2) 14:5,7Paris (1) 69:21Paris' (1) 69:23part (11) 6:15;17:5;48:3,4;81:3;104:5; 120:8;154:13;161:24;162:6; 169:16particular (30) 36:2;57:8,15;59:14,16;67:19; 69:11,12;77:3,8;78:10;79:5,14, 15;80:21;81:15;85:8;92:24; 94:22;96:2;104:2,17,24;107:2;

123:15;138:14;140:11;145:3; 147:14;159:20partner (3) 138:11,12;143:16partners (5) 19:3;56:16;138:11;143:1; 162:17party (5) 91:8,15,16;137:12;141:19pass (1) 98:18passing (1) 39:13Paul (1) 83:2pay (28) 26:16;53:8;70:14,15;71:1,12, 15,16,18,21;73:4,7,12;107:21, 22;108:8,8,14,22;116:2;124:22; 127:8;164:16;166:20,21,22; 167:10,20paycheck (2) 112:3;149:9paying (2) 108:16;168:9payment (11) 10:1;66:18,19;67:6;73:16,23; 74:3,4;75:1;109:11;114:10payments (3) 111:18,19;168:6payroll (4) 44:18,19;111:21;128:23pays (1) 128:13Peabody (1) 133:17P-e-a-b-o-d-y (1) 133:18pecking (1) 61:16penalties (1) 107:20penalty (1) 6:21pending (1) 6:7Pennsylvania (1) 25:10people (10) 32:11;36:19,22;75:5;76:10; 86:18;93:16;169:5,7;170:9percent (34) 18:9;21:6,7;30:10;47:7,8,8; 50:3,3,5;53:1,2;98:10;100:10; 109:1;115:6,7,13,13,20,21,22; 121:19,20;141:23;152:8,20,24; 162:12,19;163:14,16;164:6,19percentage (8) 46:14;47:3;98:5;126:21; 136:6;152:17,21;164:23percentages (1) 13:5per-delivery (1)

66:18perform (2) 19:17;90:7performance (4) 103:7;105:5;130:23;131:8performances (1) 103:8performed (3) 40:4;41:1,4performs (1) 41:5period (4) 134:5,8;160:13;172:3perjury (1) 6:22person (6) 39:16;61:18;70:7;71:22; 89:16;127:23personal (2) 10:5;76:19personally (3) 29:21;67:16,24personnel (7) 22:22;23:5;29:18;30:7;31:2; 77:24;81:14per-stop (1) 66:18PG (2) 10:18,19pharmaceutical (1) 119:11Pharmaceuticals (2) 32:5;77:6Pharmacies (2) 78:22,23pharmacy (1) 78:16Philadelphia (1) 171:10phone (5) 83:14,22;84:4;127:24;150:20phrase (2) 35:24;122:22physical (1) 111:8pick (12) 27:23;41:14;58:9;79:11; 82:14;95:14;114:23;150:24; 157:10;164:16;167:21;171:13picked (5) 132:18;133:3,17;151:5; 167:12picking (1) 168:9picks (1) 128:4pictures (1) 32:13pint (1) 27:21pitch (1) 38:24pitches (1)


(14) once - pitches




39:4placed (1) 9:12plaintiff (3) 9:15,16,18plaintiffs (14) 5:9;23:3,4;57:12;62:22;63:15; 64:22;65:8;86:13,14;111:12,15; 144:10;146:20play (2) 9:17;56:6please (9) 5:19;6:6;36:12;98:8;99:6; 104:7;143:23,24;163:23Plenty (1) 170:17plus (3) 75:10;101:12;149:2pm (4) 154:22;156:16,22;173:15point (5) 6:5;8:19;23:11;70:11;130:24pointed (1) 115:10pointing (1) 115:12points (3) 23:8;82:7;117:22policies (1) 149:14policy (1) 126:14pop (1) 139:8portion (2) 123:11;137:1possibilities (1) 75:15possibility (3) 71:13;75:6;88:15possible (3) 5:17;88:21;91:3Post (4) 32:8,16,23;33:16postdated (1) 140:23potential (3) 28:2;49:16;75:2pounds (5) 99:19;100:5,12;101:14,15practical (1) 168:16practice (2) 83:21;95:7preamble (1) 142:9predecessor (1) 34:6predict (2) 157:13;159:1predictability (1) 158:22predictable (1)

154:7prefer (1) 171:15preferred (2) 150:5;171:4prefers (1) 125:22premiums (1) 149:8prepare (1) 159:12prepared (4) 71:15,17;73:4;76:10preprogrammed (3) 127:19,21;128:11present (2) 82:2;112:3presented (3) 57:14;104:2;120:23president (7) 13:15;16:5;17:6;20:19,21; 21:1;43:18pretty (3) 140:12;142:15;159:16previous (5) 69:6;73:10;95:20;113:15; 171:3previously (1) 151:13price (1) 128:8pricing (1) 68:17Prince (1) 10:19print (1) 104:10prior (7) 15:16;42:2;43:22;72:9;78:4,5; 91:15privilege (1) 6:16probably (39) 11:11;21:13;22:6,10,15; 24:17;31:22;33:8;34:5,11;36:8; 38:2,2,5;42:17;46:5;48:13;49:4; 50:5;64:5;68:1;77:16,18;79:21; 82:6;83:24;84:2;98:10;99:15; 101:1;105:21;112:14;114:7; 135:16;139:20;140:12;151:4; 152:23;170:23problem (2) 87:24;122:18PROCEEDINGS (1) 5:1process (9) 54:12;68:4;104:5;110:3; 120:20;135:24;161:7;162:10; 164:3processed (1) 151:8processes (1) 111:19

processing (4) 111:21;128:20,23;129:7produce (1) 158:23produced (4) 80:2;138:12,14,16produces (1) 138:9product (8) 54:22;108:15;109:2,8,12; 110:16;132:18;133:2production (1) 148:3products (31) 32:3;34:17;41:15;52:9,14; 54:17;55:1,19;56:3,7,22;57:4,4, 13,14;77:22;78:7,9,12,20,22; 79:9,22;81:11;86:16;103:24; 110:4;111:5;119:11,11;133:22profit (1) 72:14program (1) 53:19programmed (1) 149:2prohibitive (1) 168:20project (23) 35:17,18,21,24;36:1,3,6,20; 37:1,24;38:4,19;39:6;50:15; 51:8;54:6;67:3;69:24;70:20,21; 84:23;85:15;151:6pronouncing (1) 30:20properly (1) 35:12proposals (1) 161:10proves (3) 89:21;90:3;92:18provide (26) 19:17;24:5,6;44:17;53:5;56:9, 19;71:4;73:11;90:13;92:13; 119:7;120:11;125:20;140:2; 141:13;142:24;144:11;145:4; 149:21;150:3,16;159:24;160:3; 161:9;169:14provided (4) 54:9;111:12;137:11;151:5provides (1) 149:13providing (7) 8:8;33:22;36:11;82:10;91:15; 142:22;143:23provision (3) 25:1;97:4;130:8public (1) 12:15pull (2) 143:24;158:18pulled (1) 133:21purchase (3)

53:15;149:24;150:8purchased (1) 149:7purely (2) 143:12;153:17purpose (2) 15:3,15purposes (12) 5:24;30:16,23;63:4;80:9,15; 99:2;113:1;120:1;137:4;147:23; 165:22pursuant (4) 96:23;98:20;125:23;146:18put (6) 52:11;57:5;102:15;105:1; 141:19;148:2

Q

quantifiable (1) 162:22quantification (1) 154:2quantify (6) 147:16;152:1,5;153:11;154:8; 158:1quarterly (1) 44:19question (26) 5:20;6:1,7,7;16:10;26:3; 27:14;28:5,14;96:14;99:6; 102:2;105:17;106:13;108:19; 123:8;130:15;131:6;136:3,24; 144:9;146:15;154:5;163:9,11,23questioning (2) 95:21;144:14questions (5) 5:16;75:5;151:17;173:13,14quite (2) 62:6;147:8quote (1) 171:16

R

RABIEH (69) 5:7,9;6:11,18,24;16:13,19; 21:8;28:21;29:3,13,17;30:17,19, 24;32:2;36:13;39:21,24;43:21; 47:9,12;59:22;60:18;62:21; 63:2,5;70:3,6;80:1,10,16;88:16; 95:17,19;98:23;99:3;113:2; 118:13,14;119:23;120:2;123:9, 13;124:2;129:2,15,17;131:5; 136:21,23;137:5;140:24;141:1; 144:3;147:20,24;161:14,18; 163:1,12;164:9;165:19,23; 167:6,7,18;168:4;173:12radio (1) 148:23range (2) 52:20;71:5range's (1)


(15) placed - range's




22:18rare (4) 53:2;116:11,12;133:5rate (19) 26:16;49:15;54:3;63:20; 64:17,20;65:2,21;67:13;70:12, 14;108:9;113:19;150:5;160:24, 24;161:5;162:2,14rates (19) 65:12;66:8,11;67:17;68:21; 69:12;72:8,11;73:11,21;75:18; 114:10,14,17;160:23;161:21; 163:14,20;164:1rating (3) 99:19,20;101:13reach (1) 60:4read (11) 6:19;31:8;40:9;74:2;123:9,12; 136:23;137:2;142:17;164:4; 174:3reading (2) 141:4;148:17reads (2) 96:22;136:19realized (2) 141:5;172:18really (18) 24:3;33:18;37:12,12;60:16; 65:9;88:10;109:6;116:18,19,22; 137:18;153:15;157:3;158:19; 162:7,7;165:6reason (10) 65:16,20;86:12;89:1;92:23; 106:19;112:17;121:8;147:13; 157:1reasonable (1) 36:11reasons (10) 33:17;43:2;86:4,6,7,7;88:5,8; 89:3;159:6recapitulate (1) 38:17receivables (1) 10:3receive (3) 59:4;109:11;151:13received (6) 34:17,24;38:11,16;82:12; 85:24receives (1) 107:1recess (3) 47:11;95:18;136:22recharacterize (1) 129:3recognition (1) 118:3recognize (13) 31:5;63:11;69:20,21;80:17; 99:4,7,9;113:3;120:3;137:6; 148:3;165:24record (15)

7:1;29:13,16;70:2,5;122:19; 123:12;129:5;136:11,21;137:2, 9;161:14,17;174:5records (4) 40:21,22;95:21;166:9reduced (1) 108:9refer (6) 74:20;138:10;143:3;150:4; 153:18;160:22referring (4) 113:9;134:9;139:23;159:19reflects (2) 149:1;151:14refrigerated (3) 109:3,6;119:11refrigeration (2) 109:3,7refuses (1) 108:22regarding (1) 173:1region (2) 28:12;66:1regions (1) 118:1registration (3) 100:8;101:18,24regular (14) 58:16,18;91:24;93:17;95:7; 115:21;132:22;133:4,7;134:19; 139:1;151:6;156:17;160:8regularity (1) 91:18regularly (1) 95:1regulation (1) 102:10regulations (2) 99:18;111:8reimburse (1) 128:16reject (3) 87:7;90:2;95:22rejected (5) 85:4,9,17,19;96:1rejecting (1) 85:20rejection (2) 86:16;90:3rejects (2) 84:13;91:18related (5) 7:8,12,14,20,21relationship (13) 9:1;12:13;138:1,5,22;139:4,6, 22,24;140:7;146:12;147:4,5relatively (1) 140:20reliability (1) 90:6reliable (1) 91:21

relies (1) 153:21remainder (1) 48:6remember (20) 7:23;17:2;20:15,18;69:15,22, 23;85:23,23;86:8,11;88:18; 131:7;134:15;170:24;171:9,21; 172:2,7;173:11remind (1) 16:9renewal (1) 69:4rental (2) 127:17;128:10rep (1) 105:11repeat (3) 59:21;98:8;99:6rephase (1) 96:13rephrase (7) 5:20;52:15;81:23;108:19; 144:20;146:15;151:12report (5) 35:9,13;134:1;148:8;151:7reporter (3) 5:23;123:12;137:2reporting (2) 35:22;151:6reports (1) 135:1represent (3) 5:9;117:19;152:18representative (3) 69:17;70:8;76:15reprographics (3) 8:6,7;9:9requested (4) 27:18;123:11;137:1;154:18require (13) 38:3;96:4,10;97:1,8;98:17; 103:2;108:3;117:11;119:12; 125:10;129:20;153:19required (9) 74:14;93:4;102:8;110:22; 116:6;117:6;126:22;127:2; 149:23requirement (12) 90:10;93:9,11,12;94:1;95:10; 99:15;101:3;117:20;118:18; 125:19;138:19requirements (23) 58:11;62:4;68:6;81:4;89:11; 90:8;93:20;94:12,18,23;96:7; 97:6;98:21;99:22;100:1;108:12; 111:1;118:6;129:19;133:19; 137:12,14;138:3requires (4) 120:10;126:7;137:13;156:15requisite (1) 112:2reserved (1)

6:13reside (2) 28:16;29:19residence (1) 40:19residences (1) 142:1residential (4) 137:13;141:6,11,21resources (1) 160:9respect (3) 129:20;134:8;144:10responsibilities (4) 34:19;35:21,23;38:14responsibility (5) 34:20;36:23;38:7,11;127:13responsible (9) 34:23;35:5,6;38:2;39:13; 58:10,22;124:19;140:4rest (1) 115:3restrict (1) 106:13restructured (1) 15:14restructuring (2) 18:21,23result (2) 18:24;91:20retain (1) 142:11retrieve (1) 35:3returns (2) 44:18,19revenue (11) 21:14;22:3,4;115:6,7,13,13, 21;136:6;155:14,21revenues (2) 21:11,23Revere (1) 83:2reviewed (1) 154:24Rhode (6) 27:4;28:8;29:10;40:4;46:7; 151:21right (75) 9:19,19;12:18;19:14;20:7,13; 22:20;25:2,7,15;27:20;29:4; 30:4;38:18;40:21,22;45:1; 49:20;53:15;59:12;62:21;68:2; 72:15,18;73:8,23;75:4,8,17; 76:16,21;79:3;82:16;87:19; 89:20;90:1,9;91:5,9,9;92:20; 94:19;100:9,9;107:19;108:13; 112:12;119:13,18;121:10;124:5, 11,18,20;125:2,4;126:8;128:13; 132:5,17;134:17;135:20;140:19, 24;143:2,14;146:8;148:16; 152:4;156:5;157:12;158:14; 160:11;166:23;167:19


(16) rare - right




road (4) 98:18;99:12;103:1,2role (3) 39:12;56:6;69:10roll (1) 53:18rough (1) 7:24roughly (4) 13:5;58:13;159:17;166:14route (13) 58:17;85:5;87:8;88:7;89:12, 14;90:2;93:1;94:8;113:19,22; 114:4;115:15routes (12) 58:18;76:7;85:9,17;91:18; 92:19;95:22;103:15,18;104:24; 136:5;160:18route-to-route (2) 67:9;76:4routine (1) 95:9routinely (1) 135:13Roy (1) 33:4R-o-y (1) 33:6rules (5) 5:13,16;120:11,12,21run (6) 81:18,22;144:23;146:13; 164:23;165:1rush (1) 40:11

S

salaried (2) 53:14;54:7salary (1) 54:5Sanchez (22) 39:19;58:12;59:8,9,11;65:4; 68:24;85:3;99:12,16;100:4; 101:16;113:7,19;115:19;120:14, 19;127:2;140:9;148:15;149:6; 151:5Sanchez' (4) 91:12;96:19;125:16;127:16Sanchez's (1) 63:8saying (12) 34:1;45:4;63:13;75:19;83:14; 91:20;97:5;114:21;165:7;170:1, 9,14says (27) 25:2;40:3,24;66:10,12;70:13; 89:14;91:14;113:19;115:5,12; 121:7;122:16;126:11;128:10, 15;142:10;151:20;153:4,20; 155:12;156:13;157:22;163:24; 166:8;168:15;172:23

scan (3) 110:17;112:9;128:7scanned (3) 110:5,8,13scanner (8) 127:19,20,22,24;128:3,6,12; 149:2scans (2) 110:16;112:4Schedule (21) 63:19;64:11,11,16,21;73:15; 74:20;75:9;94:6;107:24;112:10, 19;113:11,18;114:13;127:15,17; 128:10;136:2;148:22;149:1scheduled (3) 132:24;154:6,10school (2) 10:15,21science (1) 11:7seasonal (3) 158:17;160:14,21second (12) 29:14;40:2;70:2;71:11;84:12; 91:13;95:17;112:21;120:14; 136:21;161:15;172:23secret (1) 121:7section (1) 142:9secure (1) 130:6security (1) 120:11see (23) 8:12;17:4;40:8;63:9;65:5; 73:20;82:20;96:1;99:16;109:10; 113:8,14;115:7,8;116:3;118:3; 126:17;130:5;140:19;142:13; 166:12,13;172:13seen (3) 80:22;100:7;172:9sees (1) 78:1send (3) 44:15;54:23;104:8sending (1) 133:2sends (4) 35:2;54:20;96:16;104:9sense (28) 30:11;39:10;45:20;46:1,24; 47:4,6;52:20;59:6;78:20;87:6; 89:21;92:9;101:3;105:2;106:19; 121:16;143:19;152:17,21; 157:3;162:21;168:23;169:2,10; 170:3,11;171:22sensitive (1) 93:14sent (7) 52:18;68:6;77:6;79:20;81:2; 110:9;134:2sentence (11)

40:2,8,24;122:15;128:15; 151:20;153:4;154:5,17;168:15; 172:23separate (6) 13:20,21;21:18;111:21; 151:21;174:8separated (1) 38:12separately (1) 19:11separates (1) 15:19September (1) 10:6serve (1) 150:16served (1) 20:24serves (1) 48:7service (12) 24:6;44:2;60:5;61:23;62:13; 66:1;96:24;97:10;98:15;106:4; 163:5;169:14services (33) 19:17,17;33:21;44:10,18; 74:11,13;76:11;82:10;89:22; 90:7,13;91:3,6;142:11,22,23,24; 143:4,9;144:11,22;145:4,4,10, 14,22;146:2;149:15,21;150:5; 151:4;160:20servicing (2) 103:19;104:16set (2) 5:15;96:16sets (1) 96:8Setting (1) 23:19seven (4) 31:22;52:22;73:2;131:14shag (2) 139:17;140:23shapes (1) 74:7shareholder (2) 21:4,9shareholders (1) 13:6sheet (1) 174:8shell (2) 19:14;24:3shipment (1) 156:14shipped (2) 8:19;33:22shipping (1) 56:23shirt (1) 74:22shop (1) 135:1

short (2) 47:9;172:3short-term (1) 160:13shouldn't (2) 5:22;164:5show (9) 93:5,17;95:14;112:22;137:21; 138:17;139:1;142:3;166:9showed (2) 140:14;142:2shown (3) 138:24;139:7;142:6shows (4) 83:13;137:12,23;141:11shut (4) 41:17;42:18,21;51:6Shuttle (4) 145:4,9,14,22sick (2) 86:5;88:22side (1) 106:9sign (7) 6:19;63:24;69:3;70:12; 120:19;138:20;139:4signature (5) 6:20;69:17;111:8;114:14; 120:24signatures (3) 110:22;111:4,5signed (6) 70:7;82:3;90:16;112:20; 120:15;140:8significant (1) 49:15significantly (1) 157:23signing (1) 70:13signs (2) 6:21;71:10similar (5) 15:9;48:23;54:10;103:20; 153:24simply (1) 92:19single (3) 48:14;126:15;164:22sister (1) 7:18sit (3) 123:6,14;162:11sitting (1) 169:7situation (6) 94:22;106:3;109:15;133:6; 139:13;157:3situations (5) 108:20;109:11;146:5;147:12; 163:24six (6) 42:17;52:21;73:2;109:7;


(17) road - six




132:2,6size (6) 99:18;100:17,21;101:4,7; 129:21skills (1) 65:15skips (1) 43:24slightly (1) 26:3small (4) 39:6;46:14;47:3;50:6smaller (4) 44:8;55:12;135:6,7Smart (4) 32:8,16,23;33:16sole (1) 48:18Solutions (1) 7:15somebody (29) 26:15;27:19,20;38:3;60:7; 67:4;86:20;87:12;88:4,22; 89:12,13;90:19;91:22;93:19; 102:11;107:17;114:23;117:11; 119:14;130:17;137:23;139:13; 140:16;146:22;147:11;162:6; 170:6,12some-timers (1) 43:23sorry (24) 17:6;19:22;22:20;24:2;30:1,5, 14;42:2,9;45:1;53:4;64:21;86:6; 88:5,6;105:17;108:16;115:9; 118:13;142:2;147:5;163:5,21; 171:24sort (24) 6:4;31:23;44:20;52:1,6;53:8; 54:9;57:5;58:16;71:19,20; 73:11;74:16;78:4;96:6;100:14; 102:22;112:5;117:12;128:24; 129:21;147:17;159:18;165:10sorted (2) 55:2;57:14sorting (1) 50:23sorts (2) 97:5;166:22sound (1) 8:24sounds (3) 121:10;162:20;172:16South (2) 25:13,14space (6) 48:5,19,22;49:1;50:8;139:8speak (9) 5:21,22;119:6;150:17;160:14; 167:16;168:1;171:13;172:24speaking (1) 129:12speaks (1) 30:6

specific (19) 51:19;54:15;59:10;72:5,6; 76:7;86:3;94:12,16,21;100:7; 108:5;116:7;133:23;159:14; 163:23;164:13;165:5,9specifically (3) 85:6;156:1;158:5specified (1) 108:4speculation (3) 123:22;167:15,24speculative (1) 100:14spell (1) 33:5spoke (2) 44:8;171:3sporadic (1) 153:19square (5) 47:18,19;48:13;49:4,9stage (2) 8:9;79:9staged (2) 35:12;79:9stages (1) 162:8standard (3) 64:2,7;136:8start (8) 13:13,16;16:10;25:9;74:12; 141:17;154:16;167:2started (12) 12:9;13:10,14,23;14:16,17; 16:15;43:15,16;124:6,8;141:4start-up (1) 13:16state (19) 7:1;9:21;19:20;23:9,14;27:10; 46:9,10,16,19;47:3;120:6; 125:23;138:4;145:4,9,9,13,22stated (2) 73:18;74:20statement (3) 148:9;154:9;172:17statements (1) 148:2States (33) 10:9,12,14;23:8,19;25:7,19, 23;26:4,5,7,10,10;27:11,14; 28:3,7,7,9,15;29:9;30:3;40:15, 18;45:23;46:7;138:4;151:23; 152:5,9,15;153:2;155:18static (1) 38:10stay (3) 160:15,17,19steal (1) 130:18stealing (1) 131:10step (2) 90:20;101:6

Sticking (1) 76:24stipulations (1) 6:12stockholder (1) 16:6stockholders (3) 12:18;13:3;14:22stop (34) 11:21;64:20;65:2,3,4;66:10, 12,14,22,22;67:6,12,14;69:8; 71:8,21;75:8,10,10,12,13;87:21; 90:4;95:17;107:24;110:23; 112:1;113:19,20;136:4,9,12,14, 18stopped (2) 134:11,17stops (1) 155:21stored (1) 52:14story (1) 85:24Stratographics (1) 135:5strict (1) 170:13strike (1) 6:13structure (5) 14:2;164:11,11;165:17;168:8stuff (2) 75:6;88:14submitted (1) 166:3subsection (3) 125:23;126:9,12subsidiary (3) 12:14;13:19;14:13subsidize (1) 53:17subsidized (1) 53:15substances (1) 78:15substantially (1) 49:11substitutes (1) 147:13sudden (1) 158:12suggest (1) 122:23sum (5) 17:4;59:23;60:2;75:11;149:18summarize (4) 74:3;78:21;130:12;148:6summed (1) 75:16Sunday (1) 131:24sunrise (1) 77:14

supervision (1) 135:23Supervisors (1) 35:15supplies (1) 32:5support (2) 8:11;169:21suppose (1) 54:2supposed (3) 90:7;93:5;108:7sure (60) 5:13,14;12:21;19:12;23:18; 29:1;30:10;31:21;34:14,17,18, 23;35:1,6,10;36:8;38:5;45:4; 47:5,10;48:1,15,21;50:2;52:8; 53:10,12;57:10;59:23;60:16; 62:4;65:9;70:3;71:17;85:22; 88:9;93:15;94:17,23;95:4; 107:4,13;109:6;116:1,19,22; 118:20;123:8,10;127:6;129:15; 134:7,11;137:17,18;142:16,17, 19;151:8;156:3surprising (1) 100:15suspicious (1) 143:16switched (2) 164:12;169:1switching (1) 165:16sworn (1) 5:4system (1) 151:1

T

tabulated (1) 112:10take (43) 6:7;11:19;12:10;26:18;32:16; 40:9;42:24;47:9;49:16,18;54:7; 57:4,11;58:12;59:9;62:7,18; 71:14;73:6;78:8;79:24;80:20, 21;81:15;82:22;86:22,23;87:13; 90:20,24;91:11,19;94:9;95:12; 96:7;98:12;110:16;114:23; 148:13;150:13;153:8;160:23; 161:19taken (1) 89:10takes (1) 119:16talk (6) 68:8,12;80:3;93:1;106:5; 172:4talked (2) 117:4;130:8talking (7) 9:11;16:11;44:7;94:20,21; 103:14;158:5


(18) size - talking




talks (1) 155:11tax (1) 44:18taxes (1) 140:4team (1) 38:13technical (1) 127:23Tehran (1) 10:8telecom (1) 12:2tell (17) 5:5;7:4;9:6;15:22;38:17; 64:10,16;68:10;71:19;74:10; 80:24;103:16,22;104:7;112:6; 145:1;162:1telling (2) 79:17;169:15tells (1) 166:14Ten (6) 8:1;92:12;140:20;144:5; 152:19;171:22tenant (1) 48:18tenants (1) 48:19tend (1) 59:16term (2) 39:22;72:20terminal (3) 40:5,13;56:7terminate (7) 91:9,22;109:20,24;130:9,10, 14terminated (4) 91:14;92:6;162:19;164:7terminating (3) 90:21;91:7;92:17termination (1) 91:14terms (11) 6:11,18;36:1;47:17;69:7; 73:22;75:17;109:9;129:18; 165:6;168:10test (3) 96:6;99:12;103:1testified (1) 5:6testimony (2) 36:12;174:5Testing (3) 96:21;97:3,22tests (4) 97:9;98:2,18;103:2Thank (1) 118:13Thanksgiving (1) 159:16

that's (78) 5:20;6:23;11:14;14:5;17:17; 20:9,10;21:14,16,19,21;22:4; 23:1;24:24;29:4;32:17,18; 34:24;35:4;36:12;37:1;39:22; 40:10;42:14;43:16,19,23;58:17; 59:18;62:16;66:10;67:1;68:2; 70:14;71:10,11;75:4,11,13; 76:18;77:6;88:24;95:9;104:3, 18,19;112:5;115:23;119:10; 121:9;123:24;124:5,15;126:4; 127:13,22,24;128:6,12;136:8; 139:11;140:19;141:4,22;148:17, 20;151:15;152:20;153:1;159:6; 162:6,20,20;164:17,18;166:14; 170:7;173:6Theft (2) 130:19,20themself (2) 76:15;170:15thereof (1) 125:11there's (46) 5:18;6:5,6;14:2;25:1;36:19; 37:24;42:12;58:2;59:17;66:14; 69:16;71:13,19,20;73:15;78:4,4; 79:19;83:14,22;86:1;93:9,11,11, 24;95:24;101:10;102:22; 107:23,23,24;112:19;113:11; 114:1,13;115:11,14;116:23; 125:4;135:14;141:16;148:19; 150:12;153:15;156:23They'll (2) 75:3,20they're (17) 23:3;35:10,11;38:7;48:21; 52:11;53:18;54:7;55:20;58:9; 72:3;85:20;90:11,17;91:2; 109:21;156:21they've (2) 85:19;129:15thin (1) 143:24thing (17) 6:5;18:18,19;35:20;38:10; 43:12;55:5,10;66:20;81:5;96:6; 128:6,24;129:21;142:17; 147:17;159:18things (19) 9:13;19:10;87:1,15;88:2,21; 94:17;96:5;106:16;107:7; 119:18;130:6;143:17;157:8; 165:5;166:22;169:5,10;171:11think (44) 7:5;16:15;23:17;28:13;31:1; 36:1,24;39:4,22;41:10;42:9; 51:9;54:1;69:19;71:19,20;86:4, 12;92:15;93:13;109:10;114:6,8; 116:21;119:5,12;123:6,7;127:1, 20;129:4;135:17,20;152:13; 153:1;155:16;158:8;159:15; 162:18;163:10,14;165:19; 169:17;171:19

thinking (10) 47:2;96:5;116:18;132:17; 133:6,21;163:16;165:2,3,13third (6) 27:13;38:22;82:19;137:12; 141:19;150:19thought (1) 16:12thousands (1) 157:2three (37) 12:22;13:8;14:21;15:16,19; 16:1;23:2,12;31:17;33:8,12,13; 36:9,24;57:12;59:2;62:22;63:1, 2,6,15;64:22;71:8;85:6;86:13, 14;97:16;98:7,8,11,15;111:15; 135:16;139:20;144:10;146:20; 166:18three-page (1) 80:6till (1) 22:12time (49) 13:21;14:18,21;28:1,4;53:12; 61:11,12,14;62:20;67:23;68:5; 77:4,8,10;80:12;84:3;86:22; 91:15;93:4,14,17,22,23;94:2,2, 10;95:12,13,14;98:15;106:23; 107:21;108:7;115:3;134:5,8; 137:21,21,23;140:16;154:18; 158:2,16;159:9,17,20;171:3; 172:3timely (1) 103:12times (22) 7:4;36:20,21;53:1,3;56:11; 71:9;74:14;75:5;88:3;92:12,13; 95:8;108:4;131:11;141:24; 153:5,11;154:7;158:13;159:20; 170:17time-sensitive (2) 93:18;153:23timing (4) 61:9,13;94:7;133:22title (1) 35:14today (6) 86:9,22,24;89:6;123:14; 135:10told (2) 85:14,16top (5) 14:3;80:7;81:21;142:10;156:4topic (2) 171:18;172:7total (4) 21:19;75:12,13;115:20totes (5) 51:24;79:21,23;100:24;101:1toughness (1) 159:7track (3) 103:11;111:24;163:11

tractor-trailer (14) 51:23;52:1;54:16,18,21,23; 55:1,8;56:14;57:3;81:8;103:23; 114:22;156:18tractor-trailers (4) 52:17;54:13,19;55:18trailer (2) 77:5;132:22training (2) 119:7,13transcribing (1) 5:23transcript (5) 5:24;6:19;123:10;174:4,9transmitted (1) 110:17Transportation (1) 99:23travel (4) 151:22;152:8;153:5,12trial (1) 6:14tried (1) 13:16trips (2) 152:4,18truck (11) 55:16;58:19;78:5;79:6;99:17; 100:4,11;114:19;115:2;132:22; 157:6trucks (8) 35:1,4;58:3;79:4;101:6,6,7; 156:18true (2) 156:1;174:5truth (3) 5:5,5,6try (12) 38:13,17;59:14;60:1,11,22; 93:2;106:3,7;131:2;159:4;160:3trying (5) 59:23;139:11;151:12;162:18; 163:15turnover (4) 36:20;121:16,20,20TV (1) 139:8twice (2) 7:5;158:9two (25) 23:12;33:8,18;39:11;43:9; 52:21;53:12;59:2;60:12;100:24; 115:16;127:15,17,18;128:10; 134:13,15;135:14;148:22;149:1, 4;156:4,9,11;173:12two-way (1) 149:2type (5) 15:9;49:5;61:7;92:21;133:13types (3) 44:13;101:17;117:11typical (4) 65:24;77:9;101:12;114:10


(19) talks - typical




typically (22) 51:12;52:17;56:15;58:17; 59:11;60:5,23;61:20;64:5;69:6; 72:11;83:21;94:13;101:9; 106:19;116:17,23,24;154:6; 156:14;158:24;160:16

U

uh-huhs (1) 6:4ultimately (1) 78:20umbrella (1) 23:6uncompetitive (4) 162:14,15;163:15,17undergo (1) 97:2undergone (3) 64:3;97:21;98:1undergraduate (2) 11:16,24understand (25) 5:18;22:15;23:18;25:18; 36:14;37:4;45:13;46:4;52:8; 56:21;59:12;60:15;82:5;87:19; 100:2,3;105:17;138:2,21;139:5; 142:16;143:18;157:12;163:15; 173:7understanding (5) 59:17;60:4;83:5;111:7;145:16Understood (4) 6:10;25:22;116:2;129:16Unfortunately (1) 105:21uniform (5) 74:16,21,22;117:21;118:7uniformity (1) 24:19uniforms (5) 117:5,6;118:10,16;119:2unit (3) 127:22,23;149:2United (6) 10:9,11,14;26:10;28:3;155:18universal (1) 24:11University (3) 10:22;11:17,20unload (1) 35:3unloaded (1) 157:7unpredictably (1) 154:11unquote (1) 171:16unreliable (3) 89:21;90:4;92:18untimely (2) 107:20;130:24update (1)

139:18urgent (1) 78:23usage (1) 49:5use (20) 39:21,22;74:11;89:22;102:1, 6,9,11,11;122:7,17,23,24;123:1, 4,5,15;146:14;173:2,4user (1) 35:7users (1) 34:22uses (2) 48:7;168:17usually (1) 68:7

V

vacation (2) 53:8,11vague (6) 32:1;59:19;60:14;88:12; 129:1;162:24van (6) 55:15;100:22;101:5,7,9,12vans (5) 101:10,11,13,14,15variation (3) 61:3,7;158:1varied (2) 128:7;133:23varies (26) 52:19,19;55:22,22;57:19; 59:3,3;61:21;67:8;70:18,19; 96:17;105:9,12;106:12,15; 110:24;117:7,24;118:4;131:15, 15,18;132:4;157:23;159:3variety (1) 59:6various (2) 56:16;125:2vary (4) 55:15;58:15;61:2;158:2VCR (1) 139:9vehicle (29) 55:17;56:12;57:5;61:7;62:10; 99:16,19,19;100:5,7,8,11,17,22; 101:7,8,13;102:14,15,20;103:4, 5;118:21;124:24;125:5;145:17; 150:12;166:21;167:11vehicles (12) 55:19,24;56:23;101:17;102:7; 118:18,24;129:18,20;130:2; 135:22;140:6verbally (1) 6:3verified (2) 143:13,15Vermont (12) 27:6;28:8;29:10;41:1,4,9,11,

13,15;46:8;151:22;152:20version (2) 27:13;28:5vicinity (1) 145:7video (22) 137:11,18,23;138:14;139:16, 19,21,23;140:11,12,13,13,18,18, 20;141:3,5,8,8,10,11;142:6videos (3) 137:21;138:8;141:13viewed (1) 141:2violation (6) 90:11,17,23;91:2;109:22,24Virginia (2) 9:21;25:11volume (12) 38:7,11,16;39:1;55:16;61:13; 155:14;157:22;159:8,22; 160:17;169:3volumes (2) 154:7;160:18volume's (1) 61:19volunteered (1) 172:16

W

W-2s (1) 127:9Wait (2) 71:11;84:11waiting (1) 84:7walk (1) 118:4walker (2) 19:24;20:1walkers (2) 19:20,22walks (1) 20:1Wallingford (14) 41:19,21;42:13,16;43:9,11; 44:1;45:8,14;47:13;49:7,12,23; 153:5want (50) 16:17;23:17;29:1;40:9,11; 66:1;67:12;68:13,14;71:12; 84:12;87:12,14,17,17,20;88:3; 89:6,22;92:4;93:1;94:8,9,9; 95:11,12;111:5;116:1;117:15, 15,16,17;118:9,15;127:15; 129:12;136:11,13;150:2; 159:17;163:4,20;164:2;169:18, 24;170:1,5,6,10,15wanted (13) 42:3,22;49:16,18;71:8; 117:22;133:1,23;142:3,6; 147:10;162:12;172:19wants (4)

87:3;119:18;137:24;156:22warehouse (26) 35:11;48:5;50:22,24;51:10, 11,18,21,22;52:1,18;53:6,9,20; 55:2;57:4,5;58:5;79:8,13;81:14, 14;82:13;83:6,13;86:19warehouses (1) 48:24warning (1) 78:4wasn't (2) 28:13;116:19watch (2) 139:9;141:17way (19) 5:20;24:18;30:11;71:15; 77:17;78:15;81:13;87:4;88:10; 103:14;118:7;119:19;121:1; 123:24;124:15;133:21;148:17; 158:17;167:8wear (3) 117:5,6;119:2we'd (4) 6:19;75:3;164:15,16Wednesday (1) 158:24week (22) 43:16,17,19;88:20;116:10,20; 117:1;128:11,12,18;131:13,14; 132:3,7,8;148:11,12;154:19; 158:11,23;159:5,5weekdays (1) 148:14weekend (1) 131:21weekly (3) 105:19;148:10;155:7weeks (5) 31:17;33:10,12,13;53:12week-to-week (3) 36:19;38:9;159:1weight (2) 100:5;101:8we'll (5) 6:16;60:7;71:1;162:3;172:13went (1) 164:15We're (4) 91:21;114:6;129:11;163:21weren't (1) 45:4We've (3) 42:4,7,10whatnot (1) 6:16What's (8) 22:9;32:12,14;35:18;71:9; 113:4;170:14;171:8wholly (2) 12:14;13:18who's (2) 26:19;35:6width (1)


(20) typically - width




128:7William (1) 30:18willing (11) 26:15,16;27:19;68:10,18; 71:21;73:7,12;89:19;90:19; 142:21wireless (2) 110:20,21wish (1) 159:3wishes (1) 59:14witness (3) 5:4;16:12;21:7Woburn (61) 31:12;33:23;34:2,13;36:7; 37:10;40:5,13;41:14,19;44:5,7, 23;45:9;47:1,14,17;48:9,24; 50:13,20;51:5;54:14;55:19; 56:4;70:24;76:5;77:10,24; 84:24;92:5;93:6;95:3;97:18,21; 98:6,14;105:14;106:14;116:8,9, 24;131:17,18;132:1,2,10;133:2; 134:2,20;135:19,22;139:7; 145:23;153:2;154:24;156:1,7; 158:5;170:19;171:4wondering (9) 30:8;41:3;76:22;77:18;86:6; 123:1;152:1;163:13,18work (41) 12:6;38:13;43:10,10;50:20; 54:19;57:16;61:9;62:3;68:4,5; 87:3;89:8,9,19;90:4;92:20,22; 94:6;107:8,9;109:19;126:20; 128:22;133:22;146:17;147:11, 13;151:13;160:14;162:2; 168:17;169:8,9;170:4,4,5,6,15; 171:4,16worked (5) 8:8;12:1;54:2;95:15;121:13worker (2) 51:11,21workers (8) 50:22,24;51:10,18,22;53:6,21; 57:4workers' (3) 125:11,20;126:2working (7) 12:9;13:10;93:16;97:20; 130:6;170:11;172:21workman (1) 125:13works (6) 36:3;38:6;39:23;59:13;83:20; 104:3wouldn't (4) 32:12,14;93:16;100:15

Y

yeah (8) 9:24;25:16;85:23;95:11;

155:6;157:20;159:19;167:16year (47) 11:1;12:7,7;13:11;14:9;15:14, 16;21:24;22:4,9,11,14,17;23:14; 33:15,15,20;34:11,11;41:23,24; 42:5,11,18;43:5;49:20;53:12; 64:6,6,7;69:4,7;73:13;76:13; 92:10;112:14;134:11;139:2; 155:1;158:2,13,16;159:9,20,21; 164:2;166:15years (20) 7:11,24;8:1,2;23:9,12;31:22; 33:8;42:17;64:4;68:1;69:1;73:2; 134:13,16;135:16;139:20; 140:17,21;171:20year's (2) 69:6;113:15year-to-year (3) 73:3;75:18;121:17York (19) 19:20;20:9,10,11,12;25:10; 26:14;46:9,10,10,11,13,16,18, 22,23;47:2;171:6,9you'll (1) 5:16you're (29) 5:13;16:11;21:4;38:5;71:21; 73:7,12;85:12;91:5,21;94:20,21; 97:4,7;101:1;103:19;104:16; 108:16;122:24;123:1,14;127:5; 131:11;145:1;147:12;156:23; 160:24;161:21;173:9you've (13) 7:3,4;21:20;31:8;49:19;80:22; 86:4,7;124:13;129:16;163:13; 165:11;171:20

Z

Zip (2) 52:5,12


(21) William - Zip


Documents

C-Farhang Aryan -August 13, 2012big.assets.huffingtonpost.com/lasership_aryan_deposition...Case 1:12-cv-00246-GBL-TRJ Document 123-3 Filed 11/21/12 Page 1 of 66 PageID# 3000 MIlton