Colorado Dept. of Health Care Policy and Financing -- Class Action Lawsuit (Case Concluded)


CCDC, et al. v. Henneberry and Colorado Department of Health Care Policy and Financing, 2009CV11761


Despite requiring CDASS Program Participants to stay within their monthly allocation budgets or be removed from the program, the Department reduced allocation amounts without notification. Plaintiffs allege violations of due process rights.


The Complaint was filed in Denver District Court on December 22, 2009.

The Department's Motion to Dismiss was denied.

The Court granted our motion to enforce the settlement agreement.  At the Court's suggestion, we petitioned the Court to award our reasonable attorneys' fees an costs.  A hearing on this matter has been set for July 21, 2011.

On July 21 at 8:30 a.m. Judge Hoffman will be conducting a hearing to determine the reasonable amount of fees and costs the Department is liable for.  On July 8, an attorney from the Attorney General's office representing Risk Management contacted CCDC to discuss a possible settlement before the hearing.  When CCDC pressed that attorney for an actual offer of fees and costs and made a counter-offer, that attorney explained the process for issuing payment.  This process will take too long and wouldn't be delivered before the hearing.  We will go forward with the 7/21 hearing.

Yesterday Denver District Court Judge Morris B Hoffman held a hearing on the question of the reasonableness of CCDC’s counsel’s attorneys’ fees in this case.  Earlier this year, Judge Hoffman ruled that HCPF was required to pay Plaintiffs’ reasonable attorneys’ fees for time spent on this case and requested that the parties submit briefs to the Court explaining their positions.  The hearing yesterday lasted over three hours.  Argument was made by our attorney, Kevin Williams, and Patricia Herron of the Attorney General’s office for HCPF.  Expert witness testimony regarding the reasonable ness of the fees was provided for Plaintiffs by Tom Fox of Fox & Robertson P.C. and by David Brougham of Hall & Evans for HCPF.  Judge Hoffman has invited the parties to submit written closing statements on August 1.  These statements will be posted on our website after they are filed.  Judge Hoffman indicated that he hoped to issue a ruling within 1-2 weeks of receiving the written closing arguments. 

We were awarded a portion of our actual attorneys' fees.  The case has concluded.

Available Documents

2009.12.22 Complaint
2010.02.18 Motion to Dismiss
2010.03.22 Response to Motion to Dismiss
2010.04.05 Dfs' Reply in Support Motion to Dismiss
2010.06.17 Order Denying Defendants' Motion to Dismiss
2010.06.21 Amended Complaint
2010.07.19 Answer to Amended Complaint
2010.08.16 Brief in Support of Motion to Certify Class
2010.08.16 Pls' Motion to Certify Class
2010.10.18 Motion to Enforce Settlement Agreement
2010.12.16 Department's Response to Motion to Enforce
2010.12.21 Pls' Reply in Support of Motion to Enforce
2011.01.18 Order Granting Plaintiffs' Motion to Enforce Settlement Agreement
2011.02.07 Pls' Brief in Support of Award of Attorneys' Fees
2011.03.08 Dfs' Response to Brief re: Award of Attorneys' Fees
2011.03.15 Pls' Reply in Support of Award of Attorneys' Fees
2011.08.01 Defendants' Closing Argument
2011.08.01 Plaintiffs' Closing Argument
2011.08.10 Order re: Attorneys' Fees
2011.08.25 Pls' Motion to Amend Findings and Judgment
2011.09.16 Dfs' Response Motion to Amend Findings and Judgment
2011.09.30 Pls' Reply re Motion to Amend Findings
2011.10.18 Order re amendment of findings
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