Government's Motion for Extension of Time to Respond to Complaint

     [||0781efbb-bca0-4d44-87da-fe2461ee6120||] March 14, 1977 

Julian Allen, Esq. 

Shropshire & Allen 

2009 Broadway 

Gary, Indiana 46410 

Dear Julian: 

I received a copy of the government's Motion for 

Extension of Time in which to Respond to Plaintiff's 
Complaint. The motion is exactly what we want since 
we need some breathing time to allow us to file an 

amended complaint or a new complaint, whichever the 

case may be. Would you please file with the court, 

either by letter or motion, as the rules may require, 

notice that we do not oppose the government's motion? 

Thank you for taking care of this. 

Sincerely, 

Beth Lief 

BL/r 

 



States Bepurtment of FPustice 

UNITED STATES ATTORNEY 

NORTHERN DISTRICT OF INDIANA 

Hammond Hammond, 

March 

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UNITED STATES DISTRICT COURT 

FOR THE i 
FILE LJ 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION MAR 7 a77 

BARBARA LEEK WESSON, ) Plea: 
BERNICE TERRY, ) FRANCIS T, GRANDYS, C y EDDIE GRAY, ) + S. DISTRICT 'S: DLbns 
and ROSA KEETON, ) T 

) 
Plaintiffs, ) 

) 
vs. ) Hammond Civil No. H 76-373 

) 
METHODIST HOSPITAL OF ) 

GARY INC., and Indiana ) 
Not-For-Profit Corporation ) 

and DAVID MATTHEWS, Secretary ) 
Dept. of Health, Education ) 
and Welfare of the United ) 
States of America, ) 

) 
Defendants. ) 

GOVERNMENT'S MOTION FOR EXTENSION OF TIME IN WHICH 

TO RESPOND TO PLAINTIFF'S COMPLAINT 
  

Comes now the United States of America by its attorney, Richard L. 

Kieser, United States Attorney for the Northern District of Indiana, and 

respectfully moves for an extension of thirty (30) days in which to 

answer the defendant's complaint, and in support of said motion states 

as follows: 

1. That on December 29, 1976, the plaintiffs in the above-captioned 

cause filed with the Clerk of the United States District Court for the 

Northern District of Indiana a complaint against various defendants including 

DAVID MATTHEWS, Secretary of the Department of Health, Education and Welfare 

of the United States of America, which was received by the defendant, United 

States of America on January 5, 1977. 

2. That under Rule 12 of the Federal Rules of Civil Procedure, the 

United States "shall serve an answer to the complaint or to a cross-claim 

or a reply to a counter-claim, within sixty (60) days after the service upon 

the United States Attorney of the pleading in which the claim is asserted." 

3. That under the above provision, the United States of America for 

and on behalf of the defendant, DAVID MATTHEWS, Secretary of the Department 

of Health, Education and Welfare, would be required to file its answer 

to said complaint on or before March 7, 1977. 

  

  

  

 



That in addition to the complaint filed in the above-captioned 

  

cause, the Plaintiff filed a Motion for Preliminary Injunction on December 

29, 1976, in response to which the Defendant, METHODIST HOSPITAL OF GARY, 

INC., filed a Motion to Dismiss on January 19, 1977, and Affidavits, Memo- 

randum and Argument in Opposition to Plaintiff's Motion for a Preliminary 

Injunction on January 21, 1977. 

5. Thereafter, on February 2, 1977, the Plaintiff by counsel, filed 

a Motion for Extension of Time, requesting the Court to extend for thirty 

(30) days, the time to file the reply and brief to the defendant, METHODIST 

HOSPITAL OF GARY, INC.'s Motion to Dismiss on the basis of their intention 

to amend the original complaint to include necessary additional parties, 

plaintiffs and defendants. 

6. That the United States of America for and on behalf of the Defendant, 

DAVID MATTHEWS, Secretary of the Department of Health, Education and Welfare 

is in the process of preparing a Memorandum in Support of the previously 

filed Motions to Dismiss, gud Ain anticipation of the Plaintiff's filing of 

the above-described amended complaint, moves the Court for an additional 

thirty (30) day extension in which to file an answer to the same. 

WHEREFORE, the United States of America respectfully moves the Court 

for an extension of thirty (30) days in which to file an answer to the 

complaint filed in the above-captioned cause to and including April 7, 1977. 

Respectfully submitted, 

Richard L. Kieser 

United States Attorney 

By: ZA. Sl gp 

Fred W. Grady / 
Assistant United States Attorney 

  

  
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URTTED STATES DISTRICT COURT 
NO. USA -20 ~3 

0 , 20-9-58) y | » 

  

A PUTTY ™TCTRDTIOT AT "ITT A NY 7 
NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

CERTIFICATE OF SERVICE BY MAIL 
  

BARBARA LEEK WESSON, ET AL. 

vs. Hammond Civil No. H 76-373 

METHODIST HOSPITAL OF GARY, 

INC., ET AL. 

The undersigned hereby certifies that he is an employee in the 

) 

) 

) 

) 

Office of the United States Attorney for the Northern District 
  

of Indiana and is a person of such age and discretion 
  

as to be competent to serve papers. 

  

That on March 7, 1977 he served a copy of the attached 

GOVERNMENT'S MOTION FOR EXTENSION OF TIME IN WHICH 

TO RESPOND TO PLAINTIFF'S COMPLAINT 

by placing said copy in a postpaid envelope addressed to the person(d) 

hereinafter named, at the place(s) and address(€£) stated below, which 

is/ame /the last known address(es), and by depositing said envelope and 

contents in the United States Mail at Hammond, Indiana. 

A 

Addressee (fg): 

Julian Allen 

Attorney for Plaintiffs 

2009 Broadway 

Gary, Indiana 46407 

DOJ- 3 red W. Grady 
  

Assistant U.S. Attorney Irs [||0781efbb-bca0-4d44-87da-fe2461ee6120||]