Updated 1:23 p.m.
Harris County Emergency Services District No. 11 won two court battles in its ongoing legal struggles against Cypress Creek Emergency Medical Services, according to a March 19 press release.
Judge Latosha Lewis Payne in Harris County’s 55th Judicial District Court ruled the commissioners of the district cannot be individual defendants in CCEMS’ case against the district. She also dismissed the claim that the district violated the Texas Open Meetings Act.
Brian Trachtenberg of the law firm Greathouse Holloway McFadden Trachtenberg, which represents ESD 11, said in the press release listing the commissioners as individual defendants was “just harassment.”
“There was no basis whatsoever for the commissioners to be added to this suit as individuals,” he said. “The Texas Open Meetings Act claims were completely frivolous. I’m glad the court saw it that way, too.”
CCEMS and ESD 11 are in the last year of their contract after CCEMS has been the service provider for the area for 45 years. The district began to withhold funds from the provider due to disagreements about financial documents and insurance payments in June. CCEMS then filed against the district in October, claiming breach of contract.
Since then, the district has filed a counterclaim against CCEMS, alleging among other things the provider has a $10 million budget discrepancy, according to the press release.
In a emailed statement, George Vie of the lawfirm Feldmen & Feldmen, which represents CCEMS, said the provider disagrees with the court's ruling.
"We are currently evaluating our options including the right to appeal the decision," Vie said. "Our claims against the district for breach of contract are pending."