Defendant Methodist Hospital of Gary, Inc. First Set of Interrogatories to the Plaintiffs and Request for Production of Documents Version 2

     [||56fdb62d-a6bc-4c1e-9bff-a7162117f071||] 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 aY.; 

Defendants 

RICHARD GORDON HATCHER, et al., 

Plaintiffs 

VS. No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

et al. 

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Defendants 

DEFENDANT METHODIST HOSPITAL OF GARY, INC. 
FIRST SET OF INTERROGATORIES TO THE PLAINTIFFS 

AND REQUEST FOR PRODUCTION OF DOCUMENTS 
  

Comes now the defendant, Methodist Hospital of Gary, 
Inc., and requests that the plaintiff, Richard Gordon Hatcher, 
answer under oath the following Interrogatories pursuant 
tO the Federal Rules of Civil Procedure, Rule 33, and request 

separate written responses to each Interrogatory within 
ten (10) days after their service. Should the Court not grant 
defendant's motion for expedited discovery, you are requested 
to supply the written answers and materials requested herein 
by November 3, 1977. : 

Ed Interrogatories are to be deemed continuing in 
: natufe and supplemental answers shall be required of you 

be if prior to trial you directly or indirectly obtain further 
or different information from that contained in the answer. 

In answering each Interrogatory plaintiff, Richard 
Gordon Hatcher, is requested to identify in a manner suitable 
for use as a description in a subpoena or notice for production 
of documents, or to produce: all of the information, whether 
documentary, written or otherwise recorded, and all records 
maintained by, and/or in the possession or control of any 
person (other than the plaintiff, Richard Gordon Hatcher) 
or organization which pertain or relate to the information 
called for by each Interrogatory, even if identification 
and/or production is requested in or required to answer 
that Interrogatory. 

 



  

*® ® 

3. With regard to paragraph 3 of the complaint in 
Cause No. 77-154 state the following: 

a. The names and addresses of Black and Hispanic 
residents of Gary who are or have been injured 
by the creation, perpetuation and expansion 
of the hospital system and the number of 
Black and Hispanic residents who will be 
injured by defendant's actions, and indicate 
what surveys or studies have been made to 
determine such numbers. If surveys or studies 
have been made, attach copies. 

be. The nature and extent of the alleged present 
and future injuries for each individual and 
class of plaintiffs. 

Ce The names and addresses of handicapped residents 
of Gary who use or have used the facilities 
at Gary Methodist Hospital and the number 
who will use such facilities, and indicate 
what surveys or studies have been made to 
determine such numbers. If such surveys 
or studies have been made, attach copies 
of same. 

a. The exact nature and extent of the alleged 
present and future injuries to such handicapped 
residents as a result of the placement, removal 
to or expansion of facilities at Broadway 
Methodist Hospital. 

e. The specific ways and means whereby handicapped 
and/or minority residents are better served 
by facilities located in Gary. 

£. The specific instances wherein handicapped 
and/or minority residents received better 
service at Gary Methodist Hospital as opposed 
to Broadway Methodist Hospital. 

2 State the name and addresses of minority and/ 
or handicapped citizens of Gary who have been denied medical 
services by Broadway Methodist Hospital and state the date 
on which services were denied and the services denied in 
each instance. 

3. Have plaintiffs made any surveys or investigations 
as to the number of Black, Hispanic or handicapped individuals 
who are effectively prevented from seeking services at Broadway 
Methodist Hospital? If the answer is affirmative, attach 
copies of such surveys and/or the results of such investigations 
to the answer. 

4. State the names and addresses of minority and 
handicapped citizens who are effectively discouraged from 
seeking medical services at Broadway Methodist Hospital 
because of the difficulty, time and/or expense of commuting 
from the City of Gary to Broadway Methodist Hospital. 

en 

 



¢ ¢ 

  

5. With regard to paragraph 4 of the complaint in 
Cause No. 77-154, state the following: 

a. The specific instances where plaintiff Hatcher's 
enforcement of his responsibilies have been 
obstructed by the actions of defendant, Methodist 
Hospital of Gary, Inc. 

b. The specific dates on which plaintiff Hatcher 
has sought and/or obtained the use of health 
facilities at Gary Methodist Hospital and/or 
Broadway Methodist Hospital. 

5 3 The nature and extent to which plaintiff 
Hatcher has been harmed or will be harmed 
by the actions of defendant. 

6. With regard to paragraph 14 of the complaint in 
Cause No. 77-154 state: 

a. State all the facts known to plaintiffs upon 
which the allegation that Merrillville, Lake 
County, Indiana, is "an overwhelmingly white 
suburb" is based and attach to the answers 
any surveys and/or studies and all written 
documents prepared by plaintiffs or other 
persons upon which the allegations are based. 

Py. Whether plaintiffs made any surveys or investi- 
gations to determine that "63% of the population 
of Gary, Indiana is Black and Hispanic". 
If the answer is affirmative, attach copies 
of such surveys to the answers. 

Cc. The definition of "elderly" residents, the 
basis for that definition and whether plaintiffs 
have made any surveys and investigations. 
to determine that "72% of the elderly residents 
of the areas served by both facilities reside 
in the City of Gary”. If such surveys have 
been made, attach copies of the surveys to 
the answers. 

4. The exact geographic areas referred to as 
"areas served by both facilities," and what 
surveys and/or studies have been made to 
determine those areas. 

e. The number and names and addresses of "elderly" 
residents who suffer physical disabilities, 
whether plaintiffs have made any surveys 
or investigations to determine those numbers, 
the nature and extent of the physical disabilities 
suffered by each of the elderly residents 
referred to and the provisions of §504 relied 
upon to support plaintiffs' allegations in 
paragraph 14. Attach to the answers all 
such surveys, investigations or other written 

 



  

material upon which plaintiffs based their 

allegations in paragraph 14 of the complaint. 

7. With regard to paragraph 15 of the complaint in 
Cause No. 77-154 and paragraph 11 of the amended complaint 
in Cause No. 76-373 state: 

a. Whether plaintiffs have made any surveys 
or investigations to determine the allegations 
that eighty percent of the patients treated 
at Gary Methodist Hospital are Black and 
Hispanic while only 10% of the patients treated 
at Broadway Methodist Hospital are Black 
and Hispanic. If the answer is affirmative, 
attach all such surveys or other written 
information to the answers. 

b. Whether plaintiffs have made any studies 

or investigations to determine the percentage 
of staff members which are Black and Hispanic 
at each facility. If the answer is affirmative, 
attach to the answers all surveys, studies 
or other written material upon which plaintiffs 
based their allegations in paragraph 15 of 
the complaint. 

Cc. If no such studies or investigations as set 
out in a or b above have been made, state 
all facts and circumstances that you took 
into account in making the allegations set 
forth in paragraph 15 of the complaint in 
Cause No. 77-154 and in paragraph 11 of the 
amended complaint in Cause No. 76-373. 

8. With regard to paragraph 16 of the complaint in 
Cause No. 77-154 state any other alleged actions by Methodist 
Hospital other than those set forth in paragraphs 16(a), 
(b), (c) and (d) which have the purpose and effect of creating 
a hospital system which excludes persons from, denies them 
the benefit of, and otherwise discriminates against and 
segregates then on the basis of race, national origin or 
physical handicap; if any studies or investigations were 
undertaken to discover such alleged actions and/or gauge 
the force and effect of such action, and, if such studies 
or investigations were undertaken, attach a copy of such 
study or the results of such investigation and any memoranda, 
report or other recorded documents detailing such study 
and/or investigation. 

9. ° With regard to paragraph 16(a) of the complaint 
in Cause No. 77-154 and 12(a) of the amended complaint in 
Cause No. 76-373 state all the facts known upon which 
plaintiffs based their allegations therein, and attach to 
the answer all surveys, studies or other written documents 
prepared by plaintiffs or other persons upon which the allegations 
are based. 

10. With regard to paragraph 16(b) of the complaint 
in Cause No. 77-154 and 12(d) of the amended complaint in 
Cause No. 76-373 state all the facts known to the plaintiffs 
upon which plaintiffs based their allegations therein and 
attach to the answers all surveys, studies or other written 

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documents prepared by plaintiffs or other persons upon which 
allegations are based. 

; 11. With regard to paragraph 16(c) of the complaint 
in Cause No. 77-154 and 12(c) of the amended complaint in 
Cause No. 76-373 state all the facts known to plaintiffs 
upon which plaintiffs based their allegation that the facilities 
located at the Broadway facility "are not accessible to 
the minority and handicapped residents of Gary by public 
transportation" and attach to the answers all surveys, studies 
or other written documents prepared by plaintiffs or other 
persons upon which the allegations are based. 

12. With regard to paragraph 16(d) of the complaint 
in Cause No. 77-154 state: 

a. The policies and practices allegedly adopted 
by defendant "to assure racial segregation 
and discrimination.” 

bh. The exact ways defendant allegedly designed 

the new facility "so as to assure racial 
segregation and discrimination.” 

13. With regard to paragraph 17 of the complaint in 
Cause No. 77-154 attach any and all letters, studies, memoranda, 
minutes, summaries or other recorded documentation of the 
allegation that the designated State planning agencies named 
therein failed to consider the impact of the new facility 
described therein on the minority and handicapped residents 
of Gary, Indiana. 

14. State all the facts known to plaintiffs upon which 
the allegations of paragraph 18 of the complaint in Cause 
No. 77-154 and paragraph 14 of the amended complaint in 
Cause No. 76-373 are based and attach to the answers all 
written documents prepared by plaintiffs or other persons 
upon which the allegations are based. 

15. State all the facts known to plaintiffs upon which 
the allegations of paragraph 20 of the complaint in Cause 
No. 77-154 are based and attach to the answers all written 
documents prepared by plaintiffs or other persons upon which 
the allegations are based. 

16. State all the facts known to plaintiffs upon which 
the allegations of paragraph 21 of the complaint in Cause 
No. 77-154 are based and attach to the answers all written 
documents prepared by plaintiffs or other persons upon which 
the allegations are based. 

17. With regard to paragraph 22 of the complaint in 
Cause No. 77-154 and paragraph 16 of the amended complaint 
in Cause No. 76-373 state the following: 

a. The names and addresses of all individuals, 
organizations or groups who objected to HEW 
to the approval of Hill-Burton funds for 
Methodist Hospital of Gary, Inc., the dates 
on which each objection was made and whether 
the objections were made orally or in writing. 
If made orally, state the entire nature of 

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the conversation, the mode of communication 

and to whom the objection was made. If the 
complaint was in writing, attach to the answers 
such written communications. 

b. The dates on which HEW replies were made 
and the name(s) of those individuals to whom 
the reply was made and whether the reply 

was made orally or in writing. If HEW made 
an oral reply state the entire nature of 

the conversation and the mode of communication. 
If the reply was made in writing, attach 
to the answers all such written replies. 

18. State all the facts known to plaintiffs upon which 
the allegations of paragraph 23 of the complaint in Cause 

~ No. 77-154 are based and attach to the answers all written 
documents prepared by plaintiffs or other persons upon which 
the allegations are based. 

19. With regard to plaintiff Hatcher state the following: 

a. The Hatcher family annual income, indicating 
the source of such income. 

b. The number of automobiles owned, leased or 

otherwise available to plaintiff Hatcher 
or his family and the make, model and year 
of such automobiles. 

Cc. The time to travel from Mr. Hatcher's residence 
to Broadway Methodist Hospital and the route 
taken and the time to travel from Mr. Hatcher's 
residence to Methodist Hospital of Gary and 
the route taken stating the mileage from 

the Hatcher residence to Broadway Methodist 
Hospital. 

20. With regard to paragraph 25(a) of the complaint 
in Cause No. 77-154 state the policies and practices alleged 
to have been engaged in by defendant Methodist Hospital 
of Gary which discriminate and segregate persons on the 
basis of race, color, national origin or physical handicap. 

21. With regard to paragraph 25(b) of the complaint 
in Cause No. 77-154 state the specific assurances which 
defendant Methodist Hospital allegedly failed to comply 
with. 

22. State whether plaintiffs have made any surveys, studies 
or investigations of the demographic projection for Lake 
County, Indiana. If the answer is affirmative, attach to 
the answers all such surveys, studies or reports on investi- 
gations. 

23. State whether plaintiffs have made any surveys, studies 
or investigations of the racial, ethnic and handicapped 
population composition of Gary, Indiana and/or Lake County, 
Indiana. If the answer is affirmative, attach to the answers 
all such surveys, studies or reports on investigations. 

 



  

24. With regard to paragraph 3 of plaintiffs' amended 
complaint in Cause No. 77-154 state the following: 

a. The exact dates on which plaintiff Hatcher 
has used the facilities of Gary Methodist 
Hospital. 

b. All the facts known to plaintiffs upon which 
the allegations of paragraph 3 are based 
and attach to the answers all written documents 
prepared by plaintiffs or other persons upon 
which the allegations are based. 

25. State all facts known to plaintiffs upon which 
the allegations of paragraph 8 of the amended complaint 
in Cause No. 76-373 are based and attach to the answers 
all written documents prepared by plaintiffs or other persons 
upon which the allegations are based. 

26. State all the facts known to plaintiffs upon which 
the allegations of paragraph 9 of the amended complaint 
in Cause No. 76-373 are based and attach to the answers 
all written documents prepared by plaintiffs or other persons 
upon which the allegations are based. 

27. State all the facts known to plaintiffs upon which 
the allegations of paragraph 10 of the amended complaint 
in Cause No. 76-373 are based and attach to the answers 
all written documents prepared by plaintiffs or other persons 
upon which the allegations are based. 

28. State all the facts known to plaintiffs upon which 
the allegations of paragraph 11 of the amended complaint 
in Cause No. 76-373 are based and attach to the answers 
all written documents prepared by plaintiffs or other persons 
upon which the allegations are based. 

29. State all facts known to plaintiffs upon which 
the allegations of paragraph 12 of the amended complaint 
in Cause No. 76-373 are based and attach to the answers 
all written documents prepared by plaintiffs or other persons 
upon which the allegations are based and state the specific 
actions by defendant Methodist Hospital over the past ten 
(10) years which allegedly have demonstrated its intent 
to deprive the Black residents of the City of Gary of adequate 
medical services. 

30. State all the facts known to plaintiffs upon which 
the allegations of paragraphs 15 and 19 of the amended complaint 
in Cause No. 76-373 are based and attach to the answers 
all written documents prepared by plaintiffs or other persons 
upon which the allegations are based. : 

31. State specifically and in detail each incidence 
of Methodist Hospital's failure to comply with the Rehabilitation 
Act of 1974 (§504), the name and address of the individual 

effected and whether or not such person filed a §504 complaint 
with the Department of Health, Education and Welfare. 

 



32. State, in detail, the date, substance and subject 
of any communication whether written or oral, by or between 
the plaintiff Hatcher and the following organizations, corporations, 
entities, agencies and/or commercial enterprises, the owners, 
officers and/or directors thereof, or the stockholders therein 
with regard to the relocation of said entities or any part 
or division thereof from downtown Gary to the surrounding 
suburban area and/or the termination of the operation of 
that entity in the City of Gary (if said communications 

were written, attach a copy of same): 

1 The Gary National Bank. 
be. Holiday Inn Inc. (downtown Gary). 

Cu J. C. Penney Co. 
4d. Sears, Roebuck & Co. 
e. St. Mary Mercy Hospital, Inc. 
fe. H. Gordon & Son. 
9 S. S. Kresge Co. (ne K-Mart, Inc.). 

he The Bank of Indiana N.A. 

33. The names and addresses of any members of any 
plaintiff class who filed or voiced an objection to the 
placement or expansion of Broadway Methodist Hospital with 
any of the following named agencies, organizations, bodies 
or individuals from January 1, 1963, to the present time: 

a. The Department of Health, Education and Welfare 
(if to a particular office or section thereof, 

sa state). 

bh. The Northwest Indiana Comprehensive Health 
Planning Agency. 

Cs. The Northern Indiana Health Systems Agency. 

d. The United States Public Health Service. 

e. The Surgeon General of the United States. 

£e The Methodist Church. 

g. The City of Gary (if to a particular office 
or section thereof, so state). 

h. The National Association for the Advancement 

of Colored People. 

: The Internal Revenue Service. 

¥e The Joint Committee for the Accreditation 
of Hospitals. 

ke. The Governor of the State of Indiana. 

1. The Indiana State Board of Health. 

m. The Gary Post Tribune. 

n. Any United States Senator or Congressman. 

Os Any other elected or appointed public official. 

 



* Le 

  

If any such objections were made, state the date and substance 
of the objection and copies thereof if in writing and the 
date and substance of any response to the objectors and 
attach copies of any memoranda, minutes, letters, studies, 
reports, documents, findings or other recorded documentation 
of such objection, responses or other material generated 
by such objections and/or responses. 

34. State the date, time and location of any meeting, 
hearing or other gathering called for the purpose of, or 
resulting in discussion of any of the following subjects 
by and between the plaintiff, Richard Gordon Hatcher, and 
any citizens groups representing the citizens of Gary or 
Lake County, Indiana or any portion thereof or any representa- 
tives of groups named in Interrogatory Number 31: 

a. Health care in the City of Gary and/or Lake 
County, Indiana; 

b. The implementation of §504 of the Rehabilitation 
Act of 1974 in the City of Gary or Lake County, 
Indiana; 

Ce Public Transportation in the City of Gary 
or Lake County, Indiana; 

de. The establishment of any municipal owned 
health care facilities including but not 
limited to hospitals and clinics; 

If such discussions, negotiations, correspondence, meetings 
or agreements took place or were made, attach a copy of 
all written or recorded minutes, memoranda, letters, agreements, 
studies, surveys, findings or other recorded documentation 
thereof. 

35. Describe the relationship of the Medical Center 
of Gary, Inc. to the City of Gary, if any, and describe 
all funding provided by the City to the Medical Center of 
Gary since the creation of the Medical Center of Gary, Inc. 

36. Have you, as Mayor of the City of Gary, ever appointed 
Dr. Alfonso Holliday to any position of any kind? Specify 
date of appointment and position. 

37. Has Dr. Alfonso Holliday ever contributed to any 
of your political campaigns for Mayor, City Councilman or 
any other position? 

38. Describe all modes and methods of public transportation 
existing in the City of Gary at the present time and as 
Of: 

January 1, 1977, January 1, 1976, January 1, 1975, 
January 1, 1974, January 1, 1973, January 1, 1972, 
January 1, 1971, January 1, 1970, January 1, 1967 
and January 1, 1965 

39. Describe all routes of said public transportation 

 



  

as of: 

January 1, 1977, January 1, 1976, January 1, 1975, 
January 1, 1974, January 1, 1973, January 1, 1972, 
January 1, 1971, January 1, 19270, January 1, 1967 
and January 1, 1965 

40. Describe specifically all routes of public transportation 
from the City of Gary to points outside the City of Gary 
for the years: 

January 1, 1977, January 1, 1976, January 1, 1975, 
January 1, 1974, January 1, 1973, January 1, 1972, 
January 1, 1971, January 1, 1970, January 1, 1967 
and January 1, 1965 

41. Attach copies of all ordinances regulating or 
licensing public transportation in the City of Gary including 
rate schedules as of now and: 

January 1, 19277, January 1, 1976, January 1, 1975, 
January 1, 1974, January 1, 1973, January 1, 1972, 
January 1, 1971, January l, 1970, January 1, 1967 
and January 1, 1965 

42. During the last ten (10) years, describe all studies, 
surveys, investigations of transportation needs known to 
you for the City of Gary and/or suburbs stating the name 
and address of its author and the date of all studies, surveys, 
investigations, etc. and attach copies. 

43. State the dates that public transportation operating 
in Gary stopped its routes south of the City limits of Gary. 

44, State why said public transportation routes were 
stopped and state the names and addresses of the persons 
making that decision. 

45. State name of any other communities, cities, town 
or other areas in or to which the City of Gary, directly or indirectly 
is providing public transportation and state by whom. 

46. Has the City of Gary ever negotiated with, entered 
into joint planning with, or discussed the feasibility of 
cost sharing, joint ownership or joint operation of a public 
transportation system with any other municipal, county, 
state or corporate entity? If so, when, with whom and what 
was the essence and result of such negotiation or joint 
planning. 

47. If the answer to Interrogatory Number 46 is in 
the affirmative, please attach a copy of all minutes, memoranda, 
notes, letters, agreements, contracts, studies, reports 

or other material describing or detailing such negotiations, 
discussions or agreements. 

Dated: October 17, 1977 

HODGES, DAVIS, GRUENBERG, COMPTON & SAYERS 
ATTORNEYS FOR DEFENDANT, 
METHODIST AL] GARY, INC. 

  

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

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