Navajo Health Foundation-Sage Memorial Hospital, Inc. v. Burwell

AMENDED MEMORANDUM OPINION†

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the Plaintiffs Motion to Dismiss Counterclaim, filed August 7, 2015 (Doc. 92)(“MTD”). The Court held a hearing on November 17, 2015. The primary issues are: (i) whether the Court lacks subject-matter jurisdiction over the Defendants’ Counterclaim, see Answer to Second Amended Complaint and Counterclaim, filed July 17, 2015 (Doc. 84)(“Counter-claim”), because Defendant Frank Dayish, contracting officer ("CO”) for the Navajo Area HlS, lacked the authority to make his purported July…