Order Granting Motion in Opposition for Protective Order; Motion for Extension of Time

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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

BERNICE TERRY, ET AL,, 

Plaintiffs, 

CIVIL NO. H 76-373 Ve. 

METHODIST HOSPITAL OF GARY, 
ET AL., 

Defendants. 

RICHARD GORDON HATCHER, ET AL., 

Plaintiffs, 

CIVIL NO. H 77-154‘ VY. 

METHODIST HOSPITAL OF GARY, 
ET AL., 

Defendants. 

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ORDER 

  

This matter is before the Court on the Motion of defendant, 

Department of Health, Education and Welfare, for Extension of Time 

to respond to the plaintiffs' Memorandum of Law in Opposition to 

the Department of Health, Education and Welfare's Motion for Pro- 

tective Order. Said Motion is GRANTED, and the defendant, Depart- 

ment of Health, Education and Welfare, is granted to and including 

January 16, 1978, in which to prepare a reply. 

Enter: January 5, 1978. 

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Lr fa . 
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Judge, United States Distyict Court 
  

  

  

JAN 5 1978 
AT_ _M 

RICHARD E. TRHAMONS, CLERK 
US. DISTRICT COUR 

NORTHERN DISTRICT OF INDIANA 

 



  

UNITED STATES DISTRICT COURT 

FOR THE 
NOp+, | ), 

NORTHERN DISTRICT OF INDIANA “THER 

HAMMOND DIVISION 

BERNICE TERRY, et al., 

Plaintiffs, 

VS. Civil No. 

METHODIST HOSPITAL OF GARY, 
et al., 

Defendants. 

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 

vs. Civil No. 

METHODIST HOSPITAL OF GARY, 
+ 1 

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Defendants. 

MOTION FOR EXTENSION OF TIME 

  

  

  

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H76-373 

H77-154 

Comes now the United States of America by its attorney, 

David T. Ready, United States Attorney for the Northern District 

of Indiana, for and on behalf of the defendant Joseph Califano, 

Secretary of the Department of Health, Education and Welfare, 

and moves the Court for an extension of time to respond to the 

Plaintiffs' Memorandum of Law in Opposition to the Department 

of Health, Education and Welfare's Motion for Protective Order 

Opposing the Deposition of Edward Koven, and in support of 

said motion states as follows: 

 



  

1. That following the filing by Plaintiffs of a 

Notice of Deposition of Edward Koven, Assistant Regional 

Attorney, from the Office of General Counsel, Region V, 

Department of Health, Education and Welfare, for 

December 14, 1977, a Motion for Protective Order was 

filed on behalf of the defendant Department of Health, 

Education and Welfare, on December 6, 1977, seeking to 

prevent the taking of said deposition. 

2. That in reply to the defendant Health, Education 

and Welfare's Motion for Protective Order, Plaintiffs 

filed a Memorandum of Law in Opposition to the above motion 

with a certificate indicating service by mail on December 20, 

1977, to all defendants including the attorneys for the 

Department of Health, Education and Welfare. 

3. That a copy of the above-described reply was not 

received by Rebecca L. Ross, Attorney for the Department of 

Justice in Washington, D. C., until the same was forwarded 

to her by Edward L. Koven from the Regional Counsel's Office 

of the Department of Health, Education and Welfare, in 

Chicago, Illinois, which was finally received by the 

Department of Justice on January 3, 1978. 

4. That because of the untimely receipt by the 

Department of Justice of the Plaintiffs' Memorandum in 

Opposition to the Motion for Protective Order and the nature 

of the issues raised therein, additional time 1s requested 

by the defendant Department of Health, Education and Welfare 

to reply to the same beyond the five days provided for in 

 



  

the Federal Rules of Civil Procedure and the Rules of 

the United States District Court for the Northern District 

of Indiana. 

WHEREFORE, the United States of America for and on 

behalf of the defendant Joseph Califano, Secretary of the 

Department of Health, Education and Welfare, respectfully 

moves the Court for additional time to and including 

January 16, 1978, in which to prepare and file a reply 

to the Plaintiffs' Memorandum of Law in Opposition to 

Defendant's Motion for Protective Order Opposing the 

Deposition of Edward Koven. 

Respectfully submitted, 

David T. Ready 
United States Attorney 

By: Flu. Aliadly 
Fred W. Grady 
Assistant United aed Attorney 

  

CERTIFICATE OF SERVICE 
  

This is to certify that I have this 4th day of 

January, 1978, deposited in the United States Mail at 

Hammond, Indiana, a copy of the attached Motion for 

Extension of Time properly addressed to the following: 

Julian B. Allen, 2009 Broadway, 
Gary, Indiana 46407; 

Beth J. Lief, 10 Columbus 
Circle, New York, New York 10019; 

Marilyn G. Rose and Christine B. 
Hickman, 1751 N. Street, N.W., 
Washington, D. C. 20036; 

 



  

Theodore Sendak, Attorney General, 
State House, Indianapolis, Indiana; 

Bruce E. Sayers, 5525 Broadway, 
Gary, Indiana 46410. 

  

Fred W. Grady 
Assistant United States Attorney 

  

Office of the United States Attorney 
507 State Street, Room 312 
Hammond, Indiana 46320 
219/932-5500, Extension 215 [||f5e007ce-3683-4329-832a-048fa41fd188||]