Motion in Response to Plaintiffs' First Amended Complaint

     [||2e86eae9-0ac1-4e19-b23b-3b332361a37a||] IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, ET AlL., 

Plaintiff 

Vs. 

METHODIST HOSPITAL OF GARY, INC., CAUSE NO. H 76-373 
An Indiana Not-For-Profit Corporation, 
and JOSEPH CALIFANO, as United States 
Secretary of Health, Education and 
Welfare, 

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Defendants 

MOTION IN RESPONSE TO PLAINTIFFS' FIRST AMENDED COMPLAINT 
  

Comes now the defendant, Methodist Hospital of Gary, Inc. and 

demonstrates to the Court that on December 29, 1976, this matter was 

filed before this Court and that on January 19, 1977, defendant filed ' 

with the Court a Motion to Dismiss this cause of action and a lengthy 

Memorandum in support thereof and asked this Court to set defendant's 

Motion to Dismiss for hearing at the Court's earliest convenience. 

Thereafter, after numerous extensions of time on May 7, 1977, the 

plaintiffs filed a response to defendant's Motion to Dismiss and on 

the same date Civil Action No. H 77-154 was filed by the same or 

similar parties against the defendant, Methodist Hospital of Gary, 

Inc. and various other defendants. Thereafter, on June 10, 1977, 

plaintiffs in this cause (H 76-373) filed their First Amended Complaint 

and their Motion to Consolidate cause numbers H 76-373 and H 77-154, 

Defendanti Methodist Hospital of Gary, Inc. has now filed a Motion to 

Dismiss their cause No. H 77-154. Neither of defendant's Motion to 

Dismiss or plaintiffs' Motion to Consolidate has as yet been ruled 

 



  

upon by this Court. 

Because of the complex and increasingly confusing nature of these 

two causes, defendant, Methodist Hospital of Gary, Inc., now moves 

the Court for an indefinite extension of time in which to plead or 

otherwise respond to the plaintiffs’ First Amended Complaint filed 

in cause No. H 76-373. Said extension of time to expire thirty (30) 

days after the Court's ruling on plaintiffs' Motion to Consolidate. 

Respectfully submitted, 

HODGES, DAVIS, GRUENBERG, COMPTON & SAYERS 
ATTORNEYS FOR DEFENDANT, METHODIST 
HOSPITAL OF GARY, INC. 

BY: nak, iL ai 
  

Cy Hussey 
5525 Broadway 
Gary, Indiana 46410 
Phone: 981-2557 

 



  

CERTIFICATE OF SERVICE 
  

{ hereby certify that a copy of defendant, Methodist Hospital of 

Gary, Inc.'s Motion in Response to Plaintiffs' First Amended Complaint 

filed in Cause No. H 76-373 was served by United States mail, postage 

prepaid on the 6th day of July, 1977 on counsel of record as follows: 

Rebecca L. Ross, Esq. 
Department of Justice 
10th and Pennsylvania Avenue, N. W. 
Washington, D. C. 

Marvin G. Garvin and Edward L. Koven 
Regional Attorney & General Attorney 
Department of Health, Education and Welfare 
300 South Wacker Drive, 18th Floor 
Chicago, Illinois 

Fred W. Grady 
Assistant United States Attorney 
United States District Court 
Northern District of Indiana 
Federal Building, 502 State Street 
Hammond, Indiana 46325 

Attorneys for Defendant Secretary of Health, Education 
and Welfare 

Jack Greenberg, Beth J. Lief, 
Melvyn R. Leventhal 
10 Columbus Circle 
New York, New York 10019 

Julian Allen 
2009 Broadway 
Gary, Indiana 46407 

Marilyn G. Rose 
Christine B, Hickman 
1751 N Street, N. W. 
Washington, D. C. 20036 

Attorneys for Plaintiffs, Terry, Hatcher, Page, 
Metyo Corp., Inc. 

HODGES, DAVIS, GRUENBERG, COMPTON 
& SAYERS, ATTORNEYS FOR DEFENDANT, 

METHODIST HOSPITAL OF GARY, INC. 

BY: ( AI 4: wb Zl A Sods a 
  

Edward J. Hussey ’ 
5525 Broadway 
Gary, Indiana 46410 
Phone: 981-2557 [||2e86eae9-0ac1-4e19-b23b-3b332361a37a||]