Case 4:10-cv-04872 Document 37

Filed in TXSD on 08/17/11 Page 1 of 5

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

Case No. 4:10-CV-04872 JURY REQUESTED

PLAINTIFFS SUPPLEMENT TO THEIR RESPONSE TO EVA JACKSONS MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiffs, The Gil Ramirez Group, L.L.C. and Gil Ramirez, Jr., (hereinafter referred to as Plaintiffs) and provides the Court this Supplement to their Response (Doc. 35) to Eva Jackson and RHJ-JOC, Inc.s Motion to Dismiss (Doc. 31) and in support thereof would show the following: Additional Facts Preliminary discovery has revealed additional facts which further support the Court denying the pending Motion to Dismiss.

-1-

Case 4:10-cv-04872 Document 37

Filed in TXSD on 08/17/11 Page 2 of 5

Plaintiffs were terminated as a Job Order Contractor (JOC) for Defendant Houston Independent School District (HISD) despite excellent performance reviews. Plaintiffs allege that Defendant, HISD Board Member Larry Marshall (Marshall), was receiving personal financial benefits from a competing contractor of Plaintiffs, Defendants Eva Jackson and RHJ-JOC, Inc (Jackson). Jackson was approved by HISD outside of their policies and procedures for considering and awarding JOC contracts. Despite these irregularities, HISD has condoned the award of the JOC contractor position to RHJ-JOC, Inc. Document production reveals that Jackson was paying an intermediary, Joyce MossClay (Clay) thousands of dollars for consulting work. Attached hereto as Exhibit A is the accounting ledger showing Clay receiving approximately $170,275.50 in checks and approximately $14,500.00 in cash. Attached as Exhibit B are copies of many of the checks. Plaintiffs allege that part of the payments received by Clay were transferred to Marshall. Perhaps the cash payments were made so they could easily be forwarded directly to Marshall. However the emoluments were tossed about, Clay and Marshall share a close relationship. Clay serves as Marshalls Campaign Treasurer. See attached Exhibit C. Defendant Marshall admits in interrogatories that his personal consulting firm, Marshall & Associates does business with JM Clay & Associates. See Exhibit D. Documents reflecting this business relationship have not yet been made available. Plaintiffs allege Clay performed no services for Jackson that justify these large payments other than to arrange for Jackson to replace Plaintiffs as the Job Order Contractor.

-2-

Case 4:10-cv-04872 Document 37

Filed in TXSD on 08/17/11 Page 3 of 5

Attached as Exhibits E and F are the responses to Requests for Production where Jackson admits there are no documents that demonstrate Clay actually performed any service that would justify these large payments. Plaintiffs allege Clay does not have the education, experience and training to justify these large payments. The invoices Clay sent to Jackson are vague and they offer no detail as to work actually performed. Those invoices are attached as Exhibit G. The invoices merely describe, strategic consultation on market enhancement in the construction community domain throughout Harris County (emphasis added). While discovery is taking place, the Houston Chronicle has reported that HISD has arranged for an audit of procurement procedures at the district. See

http://blog.chron.com/schoolzone/2011/08/grier-agrees-to-audit-of-hisd-procurement-rules/ (accessed August 16, 2011). According to these reports, Larry Marshall has been contacting HISD officials, including the superintendent, on behalf of vendors exactly the allegation made in this case. Depositions are scheduled of Defendants Marshall and Jackson in October and the parties are presently working through some discovery disputes. In light of the foregoing, as well as the facts alleged in the Complaint and the authorities in the original response, the Court should deny the Motion to Dismiss filed by Defendants Eva Jackson and RHJ-JOC, Inc.

-3-

Case 4:10-cv-04872 Document 37

Filed in TXSD on 08/17/11 Page 4 of 5

Dated this 17th day of August, 2011. Respectfully submitted, BRAZIL & DUNN

/s/ Chad W. Dunn Chad W. Dunn Attorney in Charge TBN 24036507; Fed. I.D. No. 33467 K. Scott Brazil TBN 02934050; Fed. I.D. No. 2585 4201 FM 1960 West, Suite 530 Houston, Texas 77068 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 TBN 00796670; Fed. I.D. No. 21829 1300 McGowen Street Houston, Texas 77004 Telephone: (713) 333-3200 Facsimile: (713) 621-1449 E-Mail: kgreenwood@midtownlegal.com ATTORNEYS FOR PLAINTIFFS

-4-

Case 4:10-cv-04872 Document 37

Filed in TXSD on 08/17/11 Page 5 of 5

CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing instrument has been directed to all interested parties and/or counsel of record herein by facsimile transmission and by regular first class U.S. mail on this the 17th day of August, 2011. John M. Hopkins Arturo G. Michel Thompson & Horton, LLP 3200 Southwest Freeway, Ste. 2000 Houston, TX 77027 By Fax Only: 713-583-9928 (Attorneys for Defendants Houston Independent School District and Lawrence Marshall) Michael J. Stanley Stanley, Frank & Rose, LLP 7026 Old Katy Road, Suite 259 Houston, TX 77024 By Fax Only: 713-980-1179 (Attorneys for Defendants RHJ-JOC, Inc. and Eva Jackson)

/s/ Chad W. Dunn Chad W. Dunn

-5-