Motion and Notice of Motion for Extension of Time

     [||f854ea19-2643-486e-9eb9-0a8461d6f046||] March 1, 1977 

Hon. Francis T. Groudys, Clerk 

United States District Court 

Northern District of Indiana 

Federal Building, 502 State Street 

Hammond, Indiana 46325 

Re: Wesson, et al. v. Methodist Hospital 

of Gary, Inc., Cause No. H 76-373. 
  

Dear Mr. Groudys: 

I have enclosed herewith, for filing, Motion 

and Notice of Motion for Extension of Time: 

supporting Affidavit; Order and Certificate 

of Service, in the above-captioned case. 

Thank you for your handling of this matter. 

Very truly yours, 

Beth J. Lief 

Attorney for Plaintiffs 

BJL/r 

Enclosures 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BARBARA LEEK WESSON, 

BERNICE TERRY, 

EDDIE GRAY, and 

ROSA KEETON, 

Plaintiffs, 

Ve. 

Cause No. H 76-373 

METHODIST HOSPITAL OF GARY, 

INC., An Indiana Not-For- : 

Profit Corporation, and 

JOSEPH CALIFANO, United States : 

Secretary of Health, Education 

and Welfare, 

Defendants. 

  

MOTION 

AND 

NOTICE OF MOTION FOR EXTENSION OF TIME 

Please take notice that plaintiffs respectfully move this 

Court to extend the time for filing their response to the motion 

to dismiss of defendant Methodist Hospital of Gary, Inc., for 

three weeks until April 1, 1977, on the basis of the attached 

affidavit of Beth J. Lief, Esqg., and upon the ground that good 

cause is demonstrated for a reasonable extension of time, 

because of the complexity of the issues involved, the recent 

involvement of additional attorneys in this action, the effort 

 



  

to file an amended complaint, and the lack of prejudice to 

defendants. 

Respectfully submitted, 

4a 

JACK GREENBERG 

BETH J. LIEF 

10 Columbus Circle 

Suite 2030 

New York, New York 10019 

  

JULIEN ALLEN 

2009 Broadway 

Gary, Indiana 46410 

Attorneys for Plaintiffs 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BARBARA LEEK WESSON, 

BERNICE TERRY, 

EDDIE GRAY, and 

ROSA KEETON, 

Plaintiffs, 

( 1
] 

Ve 

Cause No. H76-373 [1
] 

METHODIST HOSPITAL OF GARY, 

INC., An Indiana Not-For- 

Profit Corporation, and 

JOSEPH CALIFANO, United States 

Secretary of Health, Education 

and Welfare, : 

Defendants. 

  

STATE OF NEW YORK ) 
} SS.: 

COUNTY OF NEW YORK) 

BETH I. LIEF, being duly sworn, deposes and says: 

l. I am one of the attorneys for plaintiffs in the 

above-captioned case, and I make this affidavit in support of 

plaintiffs' motion for extension of time on the basis of per- 

sonal knowledge and lengthy conferences with Julien Allen, 

Esg., co-counsel for plaintiffs. 

2. I am a staff attorney associated with the N.A.A.C.P. 

Legal Defense and Educational Fund, Inc. 

3. In late January, 1977 I was contacted by plaintiffs 

and counsel for plaintiffs in the above-entitled case and asked 

if the Legal Defense Fund could cooperate and assist in the above- 

entitled action. Because of the national importance of the issues 

 



  

raised in this case, the Legal Defense Fund agreed to act 

as co-counsel for plaintiffs. 

4, Inasmuch as counsel for plaintiffs wish to 

proceed as diligently as possible, I traveled to Gary, 

Indiana during the week of February 7, 1977 to gather addi- 

tional information. I also visited the offices of the 

Department of Health, Education and welfare in Chicago, Illinois, 

and gathered a substantial amount of data. 

5. It became evident that plaintiffs should move to 

file a First Amended Complaint to make clear the issues involved. 

Mr. Allen and I have been devoting continual efforts throughout 

February to sort that information in order to be able to 

clarify the complex facts and issues so that the case could 

proceed expeditiously. 

6. In light of plaintiffs’ forthcoming motion to 

amend, it would be a waste of effort to have this Court determine 

the motion to dismiss as to the original complaint. 

7. The request for an extension of time is not unduly 

long, and will not, we believe, prejudice the defendants. The 

defendant Secretary of Health, Education and welfare has not 

yet made an appearance in this case and defendant Methodist 

Hospital of Gary, Inc., has been on notice since February 8, 

1977 of our intentions. Indeed, Mr. Allen informed me that 

when he requested Methodist Hospital of Gary, Inc., to stipulate 

to a brief extension of time, counsel did not oppose the motion 

but declined to so stipulate on the ground that he did not have 

"standing" to do so because Methodist Hospital of Gary, Inc., 

 



  

had not yet filed an answer to the original complaint. 

8. Upon the above information, the Motion For 

Extension of Time is filed. 

Respectfully submitted, 

i i , Sd \ as” 

Beth J. Lief 
  

Subscribed and sworn to 

> dl 

before me this '.[ day 

of March, 1977. 

F 
  

Notary Public 

ClLoinuid ra. JuNES 

Notacy Pubiic, Staie of New York 

No. 24-7113050 

Qualitied in Kings County 
. a0. 1978 

Commission Expires Maren 30,49 

 



  

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BARBARA LEEK WESSON, 
BERNICE TERRY, 
EDDIE GRAY, and 
ROSA KEETON, 

Plaintiffs, 

Yo 

METHODIST HOSPITAL OF GARY, 

INC., An Indiana Not-For-Profit 

Corporation, and JOSEPH CALIFANO, 

United States Secretary of Health, 

Education and welfare, 

Defendants. 

  

ORDER 

(1
) 

  

Cause No. H 76-373 

Upon consideration of the motion of plaintiffs for extension 

Of time, it is, by the Court this day of r 1977 
  

ORDERED, that the motion of the above-entitled plaintiffs 

is hereby granted, and it is further 

ORDERED, that the deadline for the plaintiffs to file a 

response to the motion to dismiss of defendant Methodist Hospital 

of Gary, Inc., is extended to April 1, 1977. 

  

DATE: 

UNITED STATES DISTRICT JUDGE 

 



  

Certificate of Service 
  

I hereby certify that a copy of the foregoing Motion and 

Notice of Motion for Extension of Time was served by United 

States mail, postage prepaid, on the 1st day of March, 1977, on 

counsel for defendants as follows: 

Hodges, Davis, Gruenberg, Compton & Sayers 
Bruce E. Sayers, Esq. 

5525 Broadway 

Gary, Indiana 46410 

Attorneys for defendant Methodist Hospital 
of Gary, Inc. 

p \ 

  

BETH J. LIEF 

Attorney for Plaintiffs [||f854ea19-2643-486e-9eb9-0a8461d6f046||]