Federal Defendant's Memorandum of Points and Authorities in Support of Plaintiffs' Motion to Consolidate Terry and Hatcher v. Methodist Hospital

     [||f76f158d-c795-4a38-861f-8a1d0ab9f10c||] IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BERNICE TERRY, et al., 

  

  

Plaintiffs, 

Vv. Civil No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

/ 

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 

V. : Civil No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

/ 
  

FEDERAL DEFENDANT'S MEMORANDUM OF POINTS AND 
AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION TO 

CONSOLIDATE TERRY v. METHODIST HOSPITAL OF 
GARY, INC., et al,, NO. 76-373, AND HATCHER, 
et al., v. METHODIST HOSPITAL OF GARY, INC., 

et al,, NO, H~-77-154 
  

Defendant Joseph Califano, Secretary of the Department 

of Health, Education, and Welfare (the Secretary) supports 

plaintiffs' motion to consolidate these two cases. In Terry 

v. Methodist Hospital Of Gary, Inc.,, USDC ND Ind., Civil 
  

Action No. 76-373 plaintiffs allege that Methodist Hospital 

of Gary, Inc. has discriminated against and segregated persons 

on the basis of race, color, or national origin and that it 

has failed to comply with the assurances made to HEW in 1973. 

Terry alleges that HEW has failed to enforce Title VI of the  



* * 
Civil Rights Act, 42 U.S.C. § 2000d et. seq. in its funding 

  

of the Broadway Methodist Hospital and that it has failed 

nationwide to enforce civil rights regulations contained in 

42 CFR § 53.112 and 45 CPR 80.3(b){(3). 

Hatcher v. Methodist Hospital of Gary, Inc., USDC ND Ind., 
  

Civil Action No. H-77-154, filed May 6, 1977, is based on the 

same set of facts, but alleges that the hospital is violating 

both Title VI and §504 of the Rehabiliation Act, 29 U.S.C. §794. 

Hatcher alleges that HEW has failed to enforce Title VI and 

§504 in its funding of the Broadway Methodist hospital and 

that it has failed nationwide to enforce civil rights regulations 

contained in 42 CFR §53.112, 45 CFR 80.3(b) (3) and 45 CFR 

84.4 (b) (5). It also alleges that HEW has not fulfilled its 

Title VI 2nd §504 responsibilities in that the Secretary does 

not attach Title VI and §504 responsibilities proposals 

under §1122 of the Social Security Act, 42 U.S.C. §l1l320a. 

Thus the Hatcher case appears to include all of the issues 

involved in Terry and separation of the two suits would involve 

an unnecessary duplication of effort by both the Court and 

the parties. In addition, since the issues are very similar, 

no party should be prejudiced by consolidation at this early 

stage of litigation. 1l/ 

  

1l/ As described in defendant Califano's Motion For Stay, 

the Secretary does believe that the two major issues--the 
Title VI and §504 complaint as it pertains to Methodist 
Hospital of Gary, Inc., and the issues which involve only the 
Secretary's nationwide enforcement of the site selection provisions 
of the Civil Rights Act and § 504 as well as the applicability 
of Title VI and § 504 to §1122 determinations by the Secretary-- 
should be separated. The first issue should proceed to a 
expeditious resolution in order that Gary Methodist not be 
prejudiced. The second issue is now being tried in NAACP v. 
Wilmington Medical Center, USDC D Del., Civil No. 76-298, and 
  

the Secretary respectfully requests that action on this issue 
be stayed until the Delaware Court has resolved the issue. 

 



  

# 
Defendant Joseph A. Califano therefore joins in 

plaintiffs' motion to consolidate these two cases. 

OF COUNSEL: 

JEFFREY CHAMPAGNE 

U.S. Department of Health, 
Education and Welfare 

MARVIN G. GARVIN 

Regional Attorney 

EDWARD L. KOVEN 

Assistant Regional Attorney 
Department of Health, 

Education and Welfare 
300 South Wacker Drive 
18th Floor 
Chicago, Illinois 

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 
Washington, D. C. 20530 
Telephone: 739-4267 

 



® * 
CERTIFICATE OF SERVICE 

  

  

I certify that copies of Federal Defendant's Memorandum 

Of Points And Authorities In Support Of Plaintiffs' Motion To 

Consolidate Terry v. Methodist Hospital Of Gary,. Inc., et al., 

No. 76-373, And Hatcher, et al., v. Methodist Hospital Of 

Gary, Inc., et al., No. H-77-154; Defendant's Response To 

Plaintiffs' First Request For Admission To United States 

Secretary Of Health, Education And Welfare; and Answer To 

Amended Complaint have been served this \ekh day of 
  

July, 1977 by mailing postage prepaid to: 

Ms. Beth Lief 

Mr. Jack Greenberg 
Mr. Melvyn Leventhal 
10 Columbus Circle 
New York, New York 10019 

Mr. Julian Allen 
2009 Broadway 

Gary, Indiana 46407 

Ms. Marilyn G. Rose 
Ms. Christine B. Hickman 
1757 N Street, N.W. 
Washington, D.C. 20036 

Mr. Bruce E. Sayers 

Hodges, Davis, Greenberg, Compton 
& Sayers 

5525 Broadway 
Gary, Indiana 46401 

Kipton Kaplan 
Executive Director, Northern Indiana 

Comprehensive Health Services 
Agency, Inc. 

900 East Colfax Avenue 
South Bend, Indiana 46617 

Michael Schaefer 
Assistant Attorney General 

of Indiana 
219 State House 

Indianapolis, Indiana 46204 

BC L. ROSS [||f76f158d-c795-4a38-861f-8a1d0ab9f10c||]