August 27, 2009 | 10:57am
Robert Kimball, the former Houston ISD educator, who has spoken long, loudly -- and not positively -- about the two alternative schools operated in Houston by the for-profit Community Education Partners (where HISD parks its kids it deems bad), had every hope that Tuesday would see an end to the $4.7 million lawsuit filed against him by CEP.
Kimball and his lawyers had presented a motion for summary judgment, arguing among other things that it was ridiculous that CEP was saying Kimball's negative comments (he suggested they were a dropout factory) cost it $4.7 million worth of profit with the Austin ISD (on a $27 million contract) because at the time CEP filed its suit in May 2008, the Austin contract wasn't up for consideration.
Although the CEP lawyers argued that Austin ISD trustees turned down the CEP contract in March 2009, Kimball says the board just decided to hold off on a final vote until it gets a new superintendent.
CEP attorneys allege Kimball made up his data and did so maliciously to hurt their company. Whatever Kimball has said, however, did nothing to deter HISD from signing another contract with CEP this year that can run up to five years.
But 234th State District Court Judge Reece Rondon ruled against dismissing the case. Kimball's case will now be scheduled for trial, probably in October.