Defendant Methodist Hospital of Gary, Inc. First Set of Interrogatories to the Plaintiffs and Request for Production of Documents Version 1

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5 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 

YS. No. H 77-154 

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

Defendants 

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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, Willie Lee Page, 
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. 

These Interrogatories are to be deemed continuing in 
nature and supplemental answers shall be required of you 
if prior to trial you directly or indirectly obtain further 

or different information from that contained in the answer. 

In answering each Interrogatory plaintiff, Willie Lee 
Page, 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, Willie Lee Page) 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. 

 



  

1. 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. 

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

CS. 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. 

d. 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 
residents are better served by facilities 
located in Gary. 

fF. The specific instances wherein handicapped 
residents received better service at Gary 
Methodist Hospital as opposed to Broadway 
Methodist Hospital. 

2, State the name and addresses of minority and handicapped 
individuals who to your knowledge 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 you made any 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 the results 
of such investigations. 

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

 



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

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

b. Name of doctor proscribing treatment for 
plaintiff Page and which hospital, if any, 
was designated for such treatment by her 
physician. 

C. The exact nature and extent of hospital treatment 
plaintiff Page has required and does require. 

d. The exact nature and extent of outpatient 
treatment allegedly unavailable at Gary Methodist 
Hospital. 

e. The nature and extent to which plaintiff 
Page is or has been injured by defendant 
hospital's actions and/or by having to have 
herself transported to Broadway Methodist 
Hospital including any costs incurred by 
plaintiff Page. 

£. The dates on which plaintiff Page has had 
to have herself transported to Broadway Methodist 
Hospital, the nature and extent of treatment 
she received at Broadway Methodist Hospital 
on each occasion and the name of the doctor 
or other individual who directed her to go 
to Broadway Methodist Hospital on each occasion. 

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. 

b. 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. 

Co. 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. 

 



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ad. The exact geographic areas (zip code if applicable) 
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. 

1 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. 

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 them 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 to plaintiffs 

 



  

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 
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." 

b. 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 thereon on the minority and handicapped residents 
of Gary, Indiana. 

14. State all the facts known to plaintiffs in Cause 
No. 77-154 upon which the allegations of paragraph 18 of 
the complaint 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. 

 



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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 
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 respect to plaintiff, Willie Lee Page, state 
the following: 

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

b. The number of automobiles owned, leased or 
otherwise available to the Page family and 
the make, model and year of such automobiles. 

Cs The time to travel from Ms. Page's residence 
to Broadway Methodist Hospital and the route 
taken and the time to travel from Ms. Page's 
residence to Methodist Hospital of Gary and 
the route taken stating the mileage from 
the Page 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) 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. 

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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. 76-37% state the following: 

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a. The exact dates on which plaintiff Page 

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. rE 

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. 

3l. 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 

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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, 
so state). 

bh. The Northwest Indiana Comprehensive Health 
Planning Agency. 

Cc. 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. | 

J. 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. 

«7 The Joint Committee for the Accreditation 
of Hospitals. 

k. The Governor of the State of Indiana. 

1. The Indiana State Board of Health. 

m. The Gary Post Tribune. 

n. Barbara Leek Wesson. 

O. Rosa Keeton. 

Dated: October 17, 1977. 

HODGES, DAVIS, GRUENBERG, COMPTON & SAYERS 
ATTORNEYS FOR DEFENDANT, 

  

METHODIST HOSPITAL GARY, INC. 

BY: ¢ , 4 
EDWARD J. HUSSEY @i 
5525 Broadway 
Gary, Indiana 46410 
Ph. 981-2557 [||f81e651b-c75c-4ce3-983d-1802646ddff2||]