Motion in Response to the Government's Motion to Withdraw its Motion to Dismiss or in the Alternative for Summary Judgment

     [||1f8f0ffe-4929-4a49-90e8-b7f9cae21560||] IN THE 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, et al., 

Plaintiffs, 

VS. No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

et al,, 

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Defendants 

RICHARD GORDON HATCHER, et al., 

Plaintiffs 

VS. No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 
et al., 

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Defendants 

MOTION IN RESPONSE TO THE GOVERNMENT'S MOTION 
TO WITHDRAW ITS MOTION TO DISMISS OR IN THE 

ALTERNATIVE FOR SUMMARY JUDGMENT 

  

  

  

Come now the defendants, Methodist Hospital of Gary, 

Inc. and Denis E. Ribordy, and move the Court to qualify any 

order it may deem proper granting the Motion of the United 

States for Leave to Withdraw its Motion to Dismiss or In 

The Alternative for Summary Judgment in the following respect: 

a. That the Court shall retain of record and 

take such notice as this Court deems proper of the 

Exhibits and Affidavits filed in support of the Govern- 

ment's Motion to Dismiss or In The Alternative for 

Summary Judgment. 

In support of this Motion the defendants state as follows: 

1. That the Affidavits and Exhibits in question are 

 



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highly pertinent to the Court's consideration of the various 

Motions to Dismiss filed by the defendants, Methodist Hospital 

of Gary, Denis E. Ribordy and Kipton Kaplan, as Executive 

Director of the Northern Indiana Comprehensive Health Systems 

Agency, Inc.; 

2. That said materials accurately reflect the posture 

assumed by the Department of Health, Education and Welfare 

with regard to various alleged civil rights complaints made 

against defendant, Methodist Hospital of Gary, Inc.; 

3. That the consideration in evidence of such materials 

on a Motion to Dismiss is proper under Federal Rules of 

Civil Procedure Rule 43(e); and, 

4. That plaintiffs will not be prejudiced by the granting 

of this Motion in as much as plaintiffs have fully briefed 

the government's Motion to Dismiss or In The Alternative 

for Summary Judgment and have had ample opportunity to review 

the materials in question herein. 

WHEREFORE, defendants, Methodist Hospital of Gary, Inc. 

and Denis E. Ribordy, move the Court to retain of record 

and take such Judicial Notice as it deems necessary and 

proper of the Affidavits and Exhibits attached to the Government's 

Motion to Dismiss or In The Alternative for Summary Judgment. 

HODGES, DAVIS, GRUENBERG, COMPTON & SAYERS 

ATTORNEYS FOR DEFENDANTS, METHODIST HOSPITAL 
OF GARY, INC. AND DENIS E. RIBORDY 

Fai] Ny. / 

BY: aA ST aa 
“BRUCE E. SAYERS /° 
  

   

    

  

EDWARD J. 
5525 Broadway 
Gary, Indiana 46410 
Ph. 981-2557 

   



  

IN THE 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, et al., 

Plaintiffs, 

VS. No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

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Defendants 

RICHARD GORDON HATCHER, et al., 

Plaintiffs 

VS. No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants 

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CERTIFICATE OF SERVICE   

I hereby certify that a copy of defendants, Methodist 
Hospital of Gary, Inc. and Denis E. Ribordy's Motion in 
Response to the Government's Motion to Withdraw Its Motion 
to Dismiss Or In The Alternative For Summary Judgment filed 
in Cause Numbers H 76-373 and H 77-154 was served by United 
States mail, express mail, postage prepaid on the 7th day 
of September, 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 

 



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Jack Greenberg, Beth J. Lief, 
Melvin 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.K. 

Washington, D. C. 20036 

Attorneys for Plaintiffs, Terry, Hatcher, Page, 
Metro Corp.; Inc. 

Theodore Sendak 
Attorney General 
State House 
Indianapolis, Indiana 46320 

Attorney for State Defendant 

Anthony DeBonis 
720 West Chicago Avenue 
East Chicago, Indiana 

Attorney for Kiplan Kaplan, as Executive 
Director of the Northern Indiana Comprehensive 
Health Systems Agency, Inc. 

HODGES, DAVIS, GRUENBERG, COMPTON 
& SAYERS 
ATTORNEYS FOR DEFENDANTS, xm 
HOSPITAL OF GARY, INC. and DE 
E. RIBORDY 20 ond Des 

BY:   
2800 J. HUSSEY * 
gs Broadway 
Gary, Indiana 46410 
Ph. 981-2557 [||1f8f0ffe-4929-4a49-90e8-b7f9cae21560||]