Nancy Moran

      EX REL N.M.                  *  BEFORE MARY SHOCK
                                   
           COMPLAINANT             *  ADMINISTRATIVE LAW JUDGE
                                   
           v.                      *  MARYLAND OFFICE OF
                                   
      CAREFIRST OF MARYLAND, INC.  *  ADMINISTRATIVE HEARINGS
                                   
           LICENSEE                *  OAH No. MIA-INS-33-04-02033
                                   
                                   *  MIA No. 2004-01-012
                                   

*    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *    *

                 MOTION TO VACATE FINAL DEFAULT ORDER

      Comes now the Complainant proceeding pro se.

      At first blush, I owe you an apology for failing to appear on the 14th for a hearing on the
merits.

      At second blush, however, I had had a phone conversation with Terri O'Shea, paralegal
for Licensee well in advance.  I informed her I would not be present for the hearing.  She gave
me a phone number for the Clerk of the Office of Administrative Hearings and told me I could
arrange phone contact in lieu of presence.

      One of the issues we discussed was all the legal "folderol" upon requesting a hearing from
the Insurance Commissioner.  Another issue we discussed was the change in "ball game" come
July 1st, 2004 due to legislative action.

      I presumed that the attorney for CareFirst was in communication with his paralegal and
would know in advance that I would not appear.

      Several hours before the hearing, I called the Clerk twice, leaving my name, telephone
number and purpose of my call on her voicemail.  I also retransmitted my earlier motion to the
fax number on the voicemail message.  I never got an answer to those voicemails and,
apparently, neither did you.


WHEREFORE COMPLAINANT PRAYS:

      1)   That the motion to vacate be granted;

      2)   That the results of the 2004 legislative session be taken into evidence;

      3)   That pro se litigants not be subjected to legal "folderol";

      4)   That Licensee adhere to the new standards taking effect July 1st, 2004;

      5)   If further proceedings are necessary, they be done through telephone conferencing;
and

      6)   The Motion to Dismiss be granted on the record alone with prejudice.


Respectfully submitted,



Nancy Moran

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                        CERTIFICATE OF SERVICE

      This motion is not going through the mails and is not going Federal Express.  Instead, it
is going by fax on June 1st, 2004 to:

      Terri O'Shea / Mark McCoy / Edward V. Heath          410-998-5133
      (Paralegal and Attorneys for Licensee)
      (same fax number - three copies)

      Sharon E. Moore                                      410-468-2260
      Maryland Insurance Administration

      Clerk, Office of Administrative Hearings             410-229-4111

      Maryland Health Care Commission                      410-358-1236