Toi Gillies
13847 Harrison Street
Thornton, CO 80602
Appearing on behalf of Petitioner in pro per
state of colorado
office of administrative courts
| step by faith home health care, llc,
Petitioner, vs. state department of health care policy and financing, Respondent. |
Case No.: SR 2022-0054
MOTION FOR RECONSIDERATION OF THE ORDER ISSUED ON 07/13/2022 |
NOTICE OF MOTION FOR RECONSIDERATION OF THE ORDER ISSUED ON 07/13/2022
You are notified that on ____________ (Date), at _______ (am/pm), or as soon thereafter as the Defendant can be heard before the Office of Administrative Courts at ___________________________________________ (Address), Petitioner will bring on for hearing its Motion for Reconsideration of the Order Issued on 07/13/2022 for the reasons stated in the attached Motion.
Dated this 25th day of July, 2022.
Yours Sincerely,
___________________________________
Toi Gillies
Appearing on behalf of Petitioner in pro per
Toi Gillies
13847 Harrison Street
Thornton, CO 80602
Appearing on behalf of Petitioner in pro per
state of colorado
office of administrative courts
| step by faith home health care, llc,
Petitioner, vs. state department of health care policy and financing, Respondent. |
Case No.: SR 2022-0054
MOTION FOR RECONSIDERATION OF THE ORDER ISSUED ON 07/13/2022 |
NOW COMES Step by Faith Home Health Care, LLC, and files this Motion for Reconsideration of the Order Issued on 07/13/2022 (hereinafter referred to as the “Order”), and for cause would show this Honorable Office as follows:
- On 07/13/2022, this Office issued an Order denying Petitioner’s Motion for Extension of Time. Petitioner seeks an order reconsidering the Office’s decision to deny its Motion for Extension of Time.
- “A Rule 59(e) motion to alter or amend the judgment should be granted only to correct manifest errors of law or to present newly discovered evidence.” Phelps v. Hamilton, 122 F.3d 1309, 1324 (10th Cir. 1997) (quotation marks omitted); see also Servants of Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000) (“Grounds warranting a motion to reconsider include (1) an intervening change in the controlling law, (2) new evidence previously unavailable, and (3) the need to correct clear error or prevent manifest injustice.”).
- It is necessary to reconsider the Office’s decision to deny Petition reason for the reasons that there is the need to correct a clear error and prevent manifest injustice.
- Discovery was not properly conducted. Respondent did not deliver proper exhibits to Petitioner as it was required. When Petitioner brought that up, no sanctions were issued against Respondent and no order was issued to compel Respondent to avail discovery to Petitioner. Respondent has stated that it made an error in failing to avail discovery to Petitioner.
- Petitioner has a strong case against Respondent and wishes to be allotted time to organize and present it. Mr. Toi Gillies is acting and appearing on behalf of Petitioner but does not have the legal knowledge and experience to match that of Respondent’s counsel. In that regard, it is only fair to allow him more time. During the trial, Mr. Gillies was not granted enough time as Respondent’s counsel. Petitioner also wishes that discovery be availed to him so it can prove its claims against Respondent.
- This Office erred when it considered Respondent’s unsworn affidavit in rendering its decision. Petitioner presented two sworn affidavits that were not considered by this Office in its decision.
- In order to prevent manifest injustice, it is only proper to reconsider the Order.
REASONS WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully requests this Honorable Office to GRANT this Motion for Reconsideration of the Order Issued on 07/13/2022 and subsequently GRANT its Motion for Extension of Time.
Dated this 25th day of July, 2022.
Yours Sincerely,
___________________________________
Toi Gillies
Appearing on behalf of Petitioner in pro per
VERIFICATION
I, Toi Gillies, being duly sworn depose and say that I have read the foregoing Motion for Reconsideration of the Order Issued on 07/13/2022 and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of July, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________