Wednesday, December 7, 2011


I have no idea what happened last night concerning Healthsmart.  But this I know - there is a deception with Thompson Horton taking the lead.

A docket sheet is a list of pleadings and orders of the court.  Here is the docket sheet in the Healthsmart lawsuit.

You will note Healthsmart filed a No Evidence Motion for Summary Judgment.  This means BISD must come forward with some evidence to avoid the court throwing the lawsuit out of court.  Thompson Horton on behalf of BISD has had more than adequate time to file a response with the evidence.  The audit which resulted in the lawsuit is more than enough to defeat the No evidence Motion for Summary Judgment.

This appears to be the setup.  At the hearing set for Thursday the court will be free to throw the lawsuit out based solely on the fact BISD presented no evidence to defeat the No Evidence Motion for Summary Judgment.  The corrupt majority then gets to claim the court dismissed the Healthsmart lawsuit.  Of course no response was filed at the request of the current majority.  This is malpractice on the part of Thompson Horton.

The trustees are not the client.  The school district is the client.  Thompson Horton does not represent the majority.  The reason the trustees have some form of immunity is because they are considered the government.  The government is one entity.  Thompson Horton is to place itself in the position of being fired if need be to protect BISD.  Their malpractice insurance carrier better start looking at their defense now, because a new BISD majority would have no problem securing a judgment against Thompson Horton

This is a deception which will not work.  If a new majority if created in November 2012, it will have no problem refiling the lawsuit which includes the current BISD majority as defendants and Thompson Horton.  This is the same game they played in Rendon which is why they continue to refuse to release any documents which show exactly how much Rendon was paid and by whom.

The true criminals here are Joe Colunga, Rolando Aguilar, and Minerva Peña.  They know the truth, but remain silent.  Why?

According to the docket sheet part of the lawsuit against Montoya and Robert Sanchez filed by Joe Colunga remains pending and is in fact set for trial.  The claims made by other parties are simply incorrect, according to the docket sheet.


Anonymous said...

Hey Bobby! If the judge has personal knowledge of the audit at BISD that exposed the overcharges, can he raise issue if the plaintifs attorneys don't submit it as proof. I know Ben knows about it!

BobbyWC said...

No, but as a judge if he knows his court is being used for fraud he can order BISD to produce the audit before he dismisses it.

It is a crime to use the court for fraud. If the judge does his job he will refer Michel Arturo to the grand jury.

Also once dismissed there is 30 days to get the TEA to take control - fire Michel Arturo and seek a rehearing based on the fraud.

In a world where the law matters Thompson Horton would be facing a major malpractice and corruption lawsuit - but this is Brownsville

no one will do anything

Bo bby WC
Bobby WC

Anonymous said...

You know that the law firm was going to be replaced for not agreeing with the majority to dismiss the case. That changed and the replacement process stopped now that Thompson Horton Atty has agreed to have the lawsuit dismissed. They are going to allow Thompson Horton to continue being the board attornies. How convenient*******

Anonymous said...

Ben! We the people and the children of Brownsville and BISD ask you to do the right thing. The audit clearly showed the numbers on how Healthsmart was over billing the district and the taxpayers. Please remember this is your district, you, Neto, Albert, Frank, Bear, Eddie, Art, and myself and many more are all products of BHS and Brownsville. Don't let your court be used to defraud all that we stand for. Please help us next week!

Anonymous said...

Bobby, Presas relinquishing her seat would that be considered a step in the right direction for BISD?

BobbyWC said...

Actually no - the drama she brought only served to hurt the majority of 4 - but here is the real mistake - Longoria steps in if Escobedo is not there- Longoria will make Cata look like a genius