Joint Motion for Continuance of National Causes of Action by Plaintiffs and Defendant; Affidavit; Order

     [||6316ff12-ffae-4257-bca5-e75f24405ad6||] UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, et al., 

Plaintiffs, 

Vv. No. H 76-373 

METHODIST HOSPITAL OF GARY, 

INC. , et al., 

Defendants. 

  

RICHARD GORDON HATCHER, 

et al., 

Plaintiffs, 

Vv. No. H 77-154 

METHODIST HOSPITAL OF GARY, 

INC, , et al,, 

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Defendants. 

JOINT MOTION FOR CONTINUANCE OF NATIONAL 

CAUSES OF ACTION BY PLAINTIFFS AND DEFENDANT 

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE 
  

Plaintiffs by their undersigned attorneys and defendant 

Califano by his undersigned attorneys, respectfully move 

this Court, pursuant to F.R.Civ.P. 42, for an order to hold 

in abeyance and to continue the national causes of action, 

and all discovery relating thereto, in the above-captioned 

consolidated cases. Such an Order will facilitate settlement 

of the national issues. The grounds for this Joint Motion 

are set forth in the accompanying joint affidavit. 

Respectfully submitted, 

QL Aug Basbaa 0000. Babcock [4 
JACK GREENBURG Y BARBARA ALLEN BABCOCK 
BETH J. LIEF Assistant Attorney General 
BRENT SIMMONS 

10 Columbus Circle 

Suite 2030 

  

  

New York, New York 10019 FRED W. GRADY 

Assistant United States Attorney 

 



  

Bola 8.0 Mallar ) a0 
JULIAN B. ALLEN, JR. BARBARA B., O'MALIEY 1° 
2009 Broadway 
Gary, Indiana 45407 wy c wR 

Attorneys for Plaintiffs { 1patll A. URSS 
- = 

REBECCA LIL. ROSS 

Lun EB (obi 
ANN P, COHEN 

Attorneys for Defendants 
Attorneys, Department of Justice 
Washington, D.C. 20530 

Tel: 1202) 739-2230 

    

  

  

OF COUNSEL: 

Jeffrey Champagne 
Department of Health, Education 

and Welfare 

Marvin G. Garvin 
Regional Attorney 

Edward L. Koven 

Assistant Regional Attorney 
Department of Health, Education 

and Welfare 

200 South Wacken Drive 

18th Floor 

Chicago, Illinois 

 



  

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, et al., 

Plaintiffs, 

No. HH .76~-373 Vo. 

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

Defendants. 

  

RICHARD GORDON HATCHER, 

et al. 

Plaintiffs, 

No. H 77-154 V. 

METHODIST HOSPITAL OF GARY, 

INC:, et al., 

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Defendants. 

AFFIDAVIT   

Comes now Rebecca L. Ross and Beth J. Lief to declare 

that: 

1. The undersigned are counsel for plaintiffs and 

defendant Califano in the above-captioned cases. 

2. As the only counsel involved in the national issues, 

counsel for plaintiffs and defendant Califano have entered 

into negotiations for settlement of the national causes of 

action. 

3. Counsel for plaintiffs and defendant Califano have 

reached tentative agreement on the outlines of a settlement. 

4. Counsel have also reached an agreement to proceed 

as expeditiously as possible and have established a priority 

system on the implementation of the specifics of settlement. 

 



  

5. Consequently, in the interests of judicial economy, 

to eliminate unnecessary burdens and expenses on all parties, 

and in order to utilize time currently set aside for discovery 

on the national issues for further settlement negotiations, 

counsel for plaintiffs and defendant Califano respectfully 

request that this motion be granted. 

6. This motion does not waive plaintiffs' right to 

reopen discovery and proof as to the national causes of 

action. However, it is the expectation that settlement 

will be reached and will obviate the need for any discovery 

on these causes of action and for a trial on these issues. 

We declare under penalty of perjury that the foregoing 

is true and correct. 

Queers. 8 Roo Qun. 8,197 
  

  

BETH J. L1EF REBECCA L. ROSS 

Attorney for Plaintiffs Attorney for od bias of 
Dated: January 9, 1978 Health, Education and Welfare 

Dated: January 8, 1978 

 



  

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, et al., 

Plaintiffs, 

Vv, No. HH 76-373 

METHODIST HOSPITAL OF GARY, 

INC., et »l., 

Defendants. 

  

RICHARD GORDON HATCHER, 

et al., 

Plaintiffs, 

No. H 77-154 Ye 

METHODIST HOSPITAL OF GARY, 

INC. , et al., 

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Defendants. 

ORDER 

This matter having come before the Court on the Plaintiff 

and Defendant Department of Health, Education and Welfare's 

Joint Motion for Continuance of National Causes of Action, 

the Court having considered the motion and affidavit of 

counsel, and being fully advised in the premises, it is 

therefore this 5 aay of January, 1978, hereby 

ORDERED that the Joint Motion for Continuance of 

National Causes of Action by Plaintiffs and Defendant Depart- 

ment of Health, Education and Welfare be and is hereby 

granted. 

  

UNITED STATES DISTRICT JUDGE 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that copies of the Joint Motion for 

Continuance of the National Causes of Action by Plaintiff 

and Defendant Department of Health, Education and Welfare 

have been served this AH day of January, 1978 to: 

by hand-delivery: 

Mr. Bruce Sayers 

Hodges, Davis, Greenberg, 
Compton & Sayers 

5525 Broadway 
Gary, Indiana 46401 

and by first class mail: 

Ms. Marilyn G. Rose 
Ms. Christine B. Hickman 

1757 N Street, N.W. 

Washington, D.C. 20036 

Michael Schaefer 

Assistant Attorney General 
of Indiana 

219 State House 

Indianapolis, Indiana 46204 

  

REBECCA L. ROSS [||6316ff12-ffae-4257-bca5-e75f24405ad6||]