Case 4:10-cv-04872 Document 64

Filed in TXSD on 10/26/11 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION THE GIL RAMIREZ GROUP, L.L.C.; AND GIL RAMIREZ, JR. Plaintiffs, v. HOUSTON INDEPENDENT SCHOOL DISTRICT; LAWRENCE MARSHALL; EVA JACKSON; AND RHJ-JOC, INC. Defendants. § § § § § § § § § § § § §

Case. No. 4:10-CV-04872

PLAINTIFF, GIL RAMIREZ GROUP, LLC’S REPLY TO FORT BEND MECHANICAL’S RESPONSE TO PLAINTIFF’S SUPPLEMENTAL MOTION FOR CIVIL CONTEMPT AND MOTION TO COMPEL Plaintiff, Gil Ramirez Group, LLC, files this Reply to Fort Bend Mechanical’s Response to Plaintiff’s Supplemental Motion for Civil Contempt and Motion to Compel. 1. Plaintiff is entitled to a complete response to Subpoena Request Number 7 which requests evidence of payment to Larry Marshall or an entity affiliated with him. 2. The yellow reimbursement folders marked for copying contained checks to Larry Marshall written by employees or owners of Fort Bend Mechanical and which were submitted for reimbursement by Fort Bend Mechanical. Plaintiff seeks a copy of the contents of the yellow folders. 3. Before filing the motion, Plaintiff was willing to set aside its fight for all of the documents originally offered for copying by Fort Bend Mechanical but fell outside the subpoena in order to receive the documents clearly responsive to the subpoena. Specifically, as of October 13, Plaintiff only sought a very narrow selection of documents

Case 4:10-cv-04872 Document 64

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squarely within the subpoena. Please see two letters dated October 13 and marked as Exhibits 21 and 22 to the original motion and this reply. In the letters, Plaintiff is no longer pursuing documents outside of the subpoena but continues to seek, specifically, copies of all payments to Larry Marshall which Fort Bend Mechanical made directly or indirectly when it reimbursed its employees and owners for payments to Marshall or his campaign. To this day, Plaintiff still does not have either a denial from Fort Bend Mechanical that there are no more responsive documents to Request 7 or the proof of payments made to Larry Marshall whether directly or indirectly. 4. Fort Bend Mechanical misinterprets the list of documents Plaintiff selected for copying. In a letter to Fort Bend Mechanical dated October 7 and attached as Exhibit 20 to the original motion and this reply, Plaintiff provided Fort Bend Mechanical a list that set forth: (1) a description of each box inspected; (2) what contents, if any, was marked for copying; (3) to which request, if any, it was responsive; and (4) whether it was produced or removed from the boxes given to the copy service. In its Response to the Motion for Civil Contempt, Fort Bend Mechanical asserts that Plaintiff wanted copies of documents such as Pearland Public Safety, Brazoria County Detention Center, etc. This is not true. Fort Bend Mechanical did not understand the list provided to it. A portion of the list is set forth below to illustrate the point:
No. 1 Description of Box Contents Pearland Public Safety, Brazoria County Detentions Center, Fort Bend County Jail Project Files, Printer manuals, thermostat manuals, plans for HCC job Marked for Copying No Documents Request No. Removed or Produced

2

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No. 2 3

Description of Box Contents Accounts Payable January through June 2009 Accounts Payable January through June 2009 HVAC service receipts and bids 2007 Job receipts for school building projects Accounts Payable July to December 2008

Marked for Copying No Documents No Documents

Request No.

Removed or Produced

4 5 6

No Documents No Documents 1. American Express Credit Card Statements 2. Bank of America Credit Card Statements Removed

7

Accounts Receivable

File labeled “Ms. Joyce Home 33192” containing an invoice with Joyce Moss Clay’s address. Fort Bend Mechanical Paid Reed Crane & Rigging for moving a generator into Ms. Clay’s home. No invoice indicating that Fort Bend Mechanical sought payment from Joyce Moss Clay for generator or crane.

7, 8, 10

Removed

5.

The boxes which contained documents marked for copying were also shaded in the table in order to call attention to the key documents quickly.

6.

The parties worked well together until Plaintiff’s copy service was not permitted to pickup the documents marked for copying at the inspection.1 Thereafter, as stated many times before, most of the documents selected for copying and which Fort Bend Mechanical had previously offered up for copying were removed from the 11 boxes set aside for the copy service. Since October 3, Plaintiff has been trying to get documents selected at the

In regard to the publicity on this matter, Plaintiff does not control the media. The filings in this case appear on Pacer which is available to the public to view. 3

1

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document inspection on September 30. Plaintiff even agreed to abandon its request for documents outside the subpoena if Fort Bend Mechanical would produce the documents responsive to the subpoena. 7. Plaintiff has sent numerous letters, attempted to set-up telephone conferences, made telephone calls, made reminder telephone calls, and abandoned its request for documents which fell outside the subpoena in an effort to get the documents responsive to the subpoena. The effort to obtain the documents has been going on for over a month since the subpoena was first served. Plaintiff continues to press this motion because Plaintiff has good reason to believe that there are checks or payments to Larry Marshall, his campaign or an entity affiliated with him, that were paid directly or reimbursed by Fort Bend Mechanical. Plaintiff is entitled to these documents in response to Subpoena Request 7. Prayer For these reasons, Plaintiff prays that the Court order Fort Bend Mechanical to produce documents responsive to subpoena request 7, produce all other documents marked for copying, pay $1375 in attorneys fees, and for all other relief to which it is entitled. Respectfully submitted, BRAZIL & DUNN By: /s/ Kelly G. Prather Chad W. Dunn – TBN 24036507 Fed. I.D. No. 33467 K. Scott Brazil – TBN 02934050 Fed. I.D. No. 2585 4

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4201 FM 1960 West, Suite 530 Houston, Texas77068 Telephone: (281) 580-6310 Facsimile: (281) 580-6362 E-Mail: chad@brazilanddunn.com E-Mail: scott@brazilanddunn.com THE GREENWOOD PRATHER LAW FIRM Kelly Greenwood Prather S.D. TX. No 21829 State Bar No. 00796670 1300 McGowen Street Houston, Texas 77004 (713) 333-3200 telephone (713) 621-1449 facsimile E-Mail: kgreenwood@midtownlegal.com ATTORNEYS FOR PLAINTIFFS

Certificate of Service I certify that a true copy of Plaintiff, The Gil Ramirez Group, LLC’s Reply to Fort Bend Mechanical’s Response to Plaintiff’s Supplemental Motion for Civil Contempt and Motion to Compel was served as set forth below in accordance with the Federal Rules of Civil Procedure on this the 26th day of October, 2011. Mr. Arturo G. Michel Mr. John M. Hopkins Thompson & Horton LLP 3200 Southwest Freeway, Suite 2000 Houston, Texas 77027 (713) 554-6760 – Telephone (713) 583-9928 - Facsimile Mr. Michael Stanley Stanley, Frank & Rose 7026 Old Katy Road Suite 259 Houston, Texas 77024 Via Electronic Case Filing

Via Electronic Case Filing

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Case 4:10-cv-04872 Document 64

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(713) 980-4381 - Telephone (713) 980-1179 - Facsimile Mr. Mike McGann Attorney at Law 2211 Norfolk, Suite 400 Houston, Texas 77098 (713) 521-2743 - Telephone (281) 530-5480 - Facsimile Via Facsimile 281-530-5480 and Electronic Case Filing

/s/ Kelly G. Prather Kelly Greenwood Prather

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