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UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISIONTHE GIL RAMIREZ GROUP, L.L.C.;AND GIL RAMIREZ, JR.
Plaintiffs
,vs.HOUSTON INDEPENDENT SCHOOLDISTRICT; LAWRENCEMARSHALL; EVA JACKSON; ANDRHJ-JOC, INC.
 Defendants
.§§§§§§§§§§§§§Case No. 4:10-CV-04872JURY REQUESTED
PLAINTIFFS, THE GIL RAMIREZ GROUP, L.L.C.AND GIL RAMIREZ, JR.,MOTION FOR LEAVE TOFILE SECOND AMENDED COMPLAINT
TO THE HONORABLE UNITED STATES DISTRICT JUDGE:NOW COME Plaintiffs, THE GIL RAMIREZ GROUP, L.L.C. and GIL
RAMIREZ, JR., (hereinafter referred to as “Plaintiffs”), and file this Motion for Leave to
File their Second Amended Complaint, in support thereof would respectfully show thefollowing:1.
 
Plaintiffs have issued subpoenas to third parties concerning issues of factrelevant to the determination of this case.2.
 
Plaintiffs have also received responses to discovery from the existingparties.
Case 4:10-cv-04872 Document 52 Filed in TXSD on 10/11/11 Page 1 of 5
 
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3.
 
As a result of this discovery, Plaintiffs require adding parties to this case.4.
 
In the discovery, Plaintiffs have learned that Defendant RHJ has beenmaking payments of $2,500 a month to Defendant and HISD BoardMember Lawrence Marshall's campaign treasurer Joyce Moss Clay.5.
 
RHJ responded to discovery requests that there are no records of Clay'swork product received in exchange for the $2500 a month.6.
 
Clay utilizes and entity called JM Clay and Associates to receive thesepayments. Plaintiffs have been unable to locate any formation registrationfor this entity.7.
 
Plaintiffs have also learned in discovery that Lawrence Marshall operatesan entity called Marshall & Associates for "consulting services" to whichpayments were received that are relevant to this case8.
 
Plaintiffs subpoenaed records from Fort Bend Mechanical, LTD ("FBM").FBM permitted Plaintiffs to inspect their documents. Plaintiffs designatedsome of the documents for copying and now FBM refuses to produce thecopies. In the documents reviewed by Plaintiffs' counsel was a copy of acheck for $25,000 made payable to the Larry Marshall from an accountowned by David Medford, FBM's principal. No record of this paymentappears on the Marshall Campaign Finance Disclosure forms.9.
 
Also discovered in the FBM documents are invoices and checksdemonstrating that FBM has been making $3,000 a month payments to
Case 4:10-cv-04872 Document 52 Filed in TXSD on 10/11/11 Page 2 of 5
 
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Joyce Moss Clay. Again, no documents were discovered in the records justifying work product commiserate with such payments.10.
 
Also in the FBM records were invoices demonstrating an expensive stand-by generator was installed at Clay's residence by FBM.11.
 
The generator was installed at or about the time FBM was selected as acontractor to replace Plaintiffs in HISD's JOC program.12.
 
Other records, yet to be copied by FBM but reviewed by Plaintiffs' counsel,reveal other payments or emoluments made by FBM for the purpose of influencing HISD and Defendant Marshall.13.
 
As a result of these events and others, Plaintiffs require amendment of theirComplaint to add additional necessary parties.14.
 
Additional facts to support the amendment are contained in the attachedproposed Second Amended Complaint.For these reasons, Plaintiffs respectfully requests that the Court grant them leaveto file their Second
Amended Complaint which is attached hereto as Exhibit “A”.
 
Case 4:10-cv-04872 Document 52 Filed in TXSD on 10/11/11 Page 3 of 5
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