| STATE OF COLORADO
OFFICE OF ADMINISTRATIVE COURTS 1525 Sherman Street, 4th Floor Denver, CO 80203 STEP BY FAITH HOME HEALTH CARE, LLC,
Petitioner, v. STATE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING,
Respondent. |
5 COURT USE ONLY 5 |
| PHILIP J. WEISER, Attorney General HAAR KATTA, Assistant Attorney General* 1300 Broadway, 6th Floor
Denver, CO 80203 Telephone: (720) 508-6087 FAX: (720) 508-6041 E-Mail: haar.katta@coag.gov Registration Number: 54885 *Counsel of Record |
Case No.: SR 2022-0054 |
| MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS | |
Respondent, State Department of Health Care Policy and Financing (Department), by and through undersigned counsel of the Colorado Attorney General’s Office, hereby moves for leave to file a reply in support of the Department’s Motion to Dismiss for Lack of Subject Matter Jurisdiction, and in support states as follows:
- Undersigned counsel has attempted to confer with Toi Gillies, representative of Petitioner Step by Faith Home Health Care, LLC (SBF), by
sending her a conferral e-mail to sbfhomecare@gmail.com on June 28, 2022. While Ms. Gillies responded to this e-mail, she did not indicate whether she opposed the relief requested. Undersigned counsel then sent Ms. Gillies a follow-up email, asking that she indicate whether she opposed the Department’s motion. As of the time the Department is filing this motion, Ms. Gillies has not responded to undersigned counsel’s follow-up email.
- On June 7, 2022, the Department filed its Motion to Dismiss for Lack of Subject Matter Following an extension, SBF filed its Response on June 24, 2022.
- Pursuant to OAC Procedural Rule 10(A), “[r]eply briefs will be permitted only upon order of the administrative law judge.” In its Response, SBF raised questions, arguments, and factual assertions that the Department wishes to address in a Reply
WHEREFORE, the Department respectfully requests leave to file a reply brief in support of its Motion to Dismiss for Lack of Subject Matter Jurisdiction.
Respectfully submitted this 29th day of June, 2022.
PHILIP J. WEISER
Attorney General
/s/ Haar Katta
HAAR KATTA, 54885*
Assistant Attorney General State Services Section Attorney for Respondent
*Counsel of Record
Service to the Attorneys for the Respondent is preferred via e-mail as follows:
haar.katta@coag.gov leslie.bostwick@coag.gov dave.sluss@coag.gov
CERTIFICATE OF SERVICE
This is to certify that I have duly served the within MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS upon all parties
herein via email this 29th day of June, 2022 addressed as follows:
Toi Gillies
Step By Faith Home Health Care, LLC 13847 Harrison Street
Thornton, CO 80602 sbfhomecare@gmail.com
/s/ Leslie Bostwick