NAVAJO HEALTH FDN. — SAGE MEMORIAL HOSP. v. BURWELL

No. CIV 14-0958 JB/GBW.

220 F.Supp.3d 1190 (2016)

NAVAJO HEALTH FOUNDATION — SAGE MEMORIAL HOSPITAL, INC, Plaintiff, v. Sylvia Mathews BURWELL, Secretary of the United States Department of Health and Human Services; Mary Smith, Acting Director of Indian Health Services; Douglas Gene Peter., M.D., Acting Area Director, Navajo Area Indian Health Service; and Margaret Shirley-Damon, Contracting Officer, Navajo Area Indian Health Service, Defendants.

United States District Court, D. New Mexico.

Filed November 23, 2016.


Attorney(s) appearing for the Case

Paul E. Frye , Frye Law Firm, Albuquerque, New Mexico and Stephen D. Hoffman , Lewis Brisbois Bisgarrd & Smith, LLP, Phoenix, Arizona and Lloyd B. Miller , Sonosky, Chambers, Sachse, Miller, & Munson, LLP, Anchorage, Alaska, Attorneys for the Plaintiff.

Damon P. Martinez , United States Attorney, Karen F. Grohman , Assistant United States Attorney, United States Attorney's Office, District of New Mexico, Albuquerque, New Mexico and Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Robert E. Kirshman, Jr. Director, Steven J. Gillingham , Assistant Director, Devin Wolak , Russell J. Upton , Trial Attorneys, United States Department of Justice, Washington, D.C., Attorneys for the Defendants


MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on the Plaintiff's Motion for Summary Judgment on the Issue of Liability on Its Sixth Claim for Relief (Unlawful Declination of Proposed FY 2016 AFA), filed July 29, 2016 (Doc. 196)("MSJ"...

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