Motion for Extension of Time; Memorandum of Points and Authorities in Support of Motion for Extension of Time; Order

     [||57a8a2bb-f42f-44a4-901a-15823595f3e9||] ® LC 

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

  

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 

7. Civil No. H 77-154 

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

Defendants. 

  

MOTION FOR EXTENSION OF TIME 
  

Defendant, Joseph A. Califano, by his undersigned 

attorneys, hereby moves this Court pursuant to Rules 6(b), 

33(a) and 34 (b) of the Federal Fules of Civil Procedure for a 

30-day extension of time to and including August 11, 1977 

in which to respond to plaintiffs' Request For Production, 

Inspection, and Copying Of Documents Upon Defendant Secretary 

of Health, Education, and Welfare and plaintiffs' First Set Of 

Interrogatories To The United States Department Of Health, 

Education, and Welfare. The grounds for this motion are that 

plaintiffs have served extensive discovery requests on the 

defendant Secretary only several weeks after the commencement 

of the suit, that those broad requests necessitate the parti- 

cipation by and coordination with several offices in the 

Department of Health, Education, and Welfare and that this 

extension will not unduly burden the plaintiffs or delay this 

proceeding.  



  

In support of this Motion, the Court is respectfully 

referred to the Memorandum of Points and Authorities filed 

herewith. 

Respectfully submitted, 

  

Barbara Allen Babcock 
Assistant Attorney General 

  

Richard L. Kieser 
United States Attorney 

  

Fred W. Grady 
Assistant United States Attorney 

  

Dennis G. Linder 

  

Rebecca L. Ross 

Attorneys for Defendant 

Attorneys, Department of Justice 
10th & Pennsylvania Ave., N.W. 
Washington, D.C. 20530 
Tel: (202) 739-4267 

Of Counsel: 

Jeffrey Champagne 
U.S. Department of Health, Education, 

and Welfare 
330 Independence Ave., S.W. 
Washington, D.C. 

Marvin G. Garvin 
Regional Attorney 

Edward L. Koven 

Assistant Regional Attorney 
Department of Health, Education, 

and Welfare 

300 South Wacker Drive, 18th Fl. 
Chicago, Ill.  



  

® » 

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 

i. Civil No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

  

MEMORANDUM OF POINTS AND AUTHORITIES 
IN SUPPORT OF MOTION FOR EXTENSION OF TIME 
  

On June 13, 1977, plaintiffs served upon the Secretary 

of the Department of Health, Education, and Welfare (HEW), 

requests for admission, interrogatories, and a request for 

production, inspection, and copying of documents. The time 

for response therefore expires on July 12, 1977. The volume 

of material requested requires extensive coordination between 

HEW regional office and central office personnel in various 

divisions. Such coordination requires additional time to 

respond. 1l/ 

In addition, on June 13, 1977, defendant Califano 

(hereinafter, the Secretary) received the plaintiffs' motion 

to consolidate this case with Terry v. Methodist Hospital Of 
  

Gary, Inc., USDC ND Ind., Civil Action No. ‘H-76-373 and the 
  

First Amended Complaint in Terry. The Secretary has made a 

diligent effort to respond to all of these documents. In 

addition to this Motion, the Secretary has filed a Motion 

  

X/ Defendant Califano has today filed a motion for a 
protective order as to certain portions of that discovery 
which is based on the motion to stay also filed herewith. 
The remaining discovery requests are nevertheless extensive 
and the additional 30 days are necessary for a proper and 
complete response.  



  

% * 
in Support of Plaintiffs' Motion to Consolidate, Answer 

to Amended Complaint in Terry, an Answer in Hatcher, and 

Response to Plaintiffs' Request for Admissions. 

In addition, the Secretary has attempted to expedite the 

issues concerning the hospital through the Motion to Stay 

the issues concerning the Secretary's enforcement of Title 

VI of Civil Rights Act of 1964, 42 U.S.C. £20004 et. seq. and 

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §80.3 

(b) (3) and 45 C.F.R. 84.4 (b) (5). The Secretary respectfully 

submits that this extension is also necessary in order for the 

Court to have sufficient time to consider the Secretary's cor- 

responding Motion For Protective Order as to discovery concerning 

that issue. The Secretary believes that such a ruling would 

aid all parties in proceeding with discovery. 

In light of the Secretary's good faith effort to respond 

to all documents filed by the plaintiff this extension should 

cause no undue burden to plaintiffs. 

Defendant Secretary therefore respectfully requests that 

the Court grant his motion for an extension of time within 

which to answer plaintiffs' interrogatories and request for 

production, inspection and copying of documents to and in- 

cluding August 11, 1977. 

Respectfully submitted, 

  

BARBARA ALLEN BABCOCK 

Assistant Attorney General 

  

RICHARD L. KIESER 

United States Attorney  



# #* 

JEFFREY CHAMPAGNE 

U.S. Department of Health, 

Education and Welfare FRED W. GRADY 
Assistant United States Attorney 

OF COUNSEL: 

  

  

MARVIN G. GARVIN 

Regional Attorney 

EDWARD L. KOVEN 

Assistant Regional Attorney DENNIS G. LINDER 

Department of Health, 
Education and Welfare 

300 South Wacker Drive 
18th Floor 

  

  

Chicago, Illinois REBECCA L. ROSS 
Attorneys for Defendant 
Attorneys, Department of Justice 
Washington, D. C. 20530 
Telephone: 739-4267 

 



  

* * 
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 
HAMMOND DIVISION 

  

RICHARD GORDON HATCHER, et al., 

  

Plaintiffs, 

Vv, Civil No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

/ 

ORDER 
  

This matter having come before the Court on the 

motion of defendant Joseph A. Califano for an extension 

of time to respond to plaintiffs' Request for Production, 

Inspection and Copying Of Documents and plaintiffs' First 

Set Of Interrogatories To The United States Department of 

Health, Education, and Welfare, to and including August 11, 

1977, and the Court having considered the motion and the 

Memorandum Of Points and Authorities In Support Thereof, and 

being fully advised in the premises, it is, therefore, this 

day of r 1977 hereby 
  

  

ORDERED that the motion of defendant Califano for an 

extension of time to and including August 11, 1977 to respond 

to plaintiffs' Request For Production, Inspection and Copying 

Of Documents and plaintiffs' First Set Of Interrogatories To 

The United States Department of Health, Education, and Welfare 

be and is hereby granted. 

  

United States District Judge [||57a8a2bb-f42f-44a4-901a-15823595f3e9||]