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Arizpe, Sylvia Aguilar, Hon. Rick Olivo, Hon. David Bonilla, Hon. Daniel Robledo,
Hon. Max Munoz, Hon. Odell Holmes, Hon. Maria Ramirez, Mark Pumphrey and Jean-
Claude Linossi, and file this Motion to Extend Scheduling Order Deadlines and for Leave
Factual Background
January 13, 2011. At that time, Malcolm McGregor, III, along with other individuals and
an organization called “El Pasoans for Traditional Family Values” had filed a Motion to
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Intervene”). The Motion to Intervene was pending during the hearing on the preliminary
injunction, and the Court allowed the Intervenors to participate as friends of the Court.
2. At the hearing on the preliminary injunction, the Court stated that it would
receive no further evidence in the case and would try to make a ruling on the merits of
this case by mid-April of 2011. Subsequently, the Court issued a scheduling order, which
included deadlines for briefing the issue of Intervenors’ standing as party Defendants.
3. The aforementioned deadlines were met by the parties and this Court
with respect to Malcolm McGregor, III. Specifically, Mr. McGregor alleged that he was
a citizen of the state of Texas and a resident of the City of El Paso, Texas. See ECF No.
7, p. 3, para. 8. It also alleged that he “voted in the general election in favor of the
ordinance.” See id., para. 9. Given Mr. McGregor’s affiliation with El Pasoans for
family values—it was reasonable for all parties to rely upon his allegations regarding his
residency.
may have made intentional misrepresentations of material fact to this Court. Specifically,
Mr. McGregor may have stated falsehoods when he alleged that he was a citizen of the
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state of Texas, a citizen of the city of El Paso, Texas, and that he voted in the general
7. The basis for the Plaintiffs’ belief that Mr. McGregor may have
misrepresented material facts to this court came to light in a recent report from the local
media that aired on March 15, 2011. Mr. McGregor’s residency was called into question
after he announced that he was running for El Paso City Council. His status as a citizen of
Texas and El Paso is questionable because his El Paso property, located on Mesa Street,
Mr. McGregor individually. Moreover, the El Paso Central Appraisal District has
true and correct copy of the El Paso Central Appraisal District’s website report on that
Rio Grande Avenue. The ownership information for that business personal property is
listed at the same Mesa Street address as the commercial building owned by the
McGregor Family Limited Partnership. A true and correct copy of the El Paso Central
Appraisal District’s website report on that business personal property is attached hereto
as Exhibit B.
9. Mr. McGregor appears to own real property in Dona Ana County, New
Mexico, that is designated for residential use. A true and correct copy of Dona Ana
County’s Real Property website report on that property is attached hereto as Exhibit C.
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10. The attached documents raise the issue as to Mr. McGregor’s place of
residence. Based upon the foregoing, good causes exists to allow the Plaintiffs to
conduct discovery upon Mr. McGregor as to the factual allegations upon which he based
Family Values (see ECF No. 7, p. 3, para. 8), good cause exists to allow the Plaintiffs to
Court enter an order allowing Plaintiffs to conduct discovery upon Malcolm McGregor,
Production of Documents and to take depositions with subpoenae duces tecum. Plaintiffs
further pray that the Court set a time frame for conducting said discovery and filing
dispositive motions, and that the Court postpone its final ruling in the case, pending
Plaintiffs further pray for any and all other relief, at law or in equity, to which they may
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Respectfully Submitted,
Certificate of Service
I hereby certify that a true and correct copy of the foregoing was sent to the
following, through the Court’s electronic notice system, via the methods indicated below,
or both, on the 18th day of February, 2011:
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