Correspondence from Lief to Sayers; Plaintiffs' Second Set of Interrogatories to Defendant; Notice and Motion for Expedited Discovery Schedule

     [||da4a742e-9d3c-431f-af2c-d28991e9e7c9||] September 20, 1977 

Hon. Francis T. Groudys, Clerk 

United States District Court 

Northern District of Indiana 

Hammond Division 

Federal Building, 502 State Street 
Hammond, Indiana 46325 

Re: Bernice Terry, et al. v. Methodist Hospital 
of gary, Inc, et al,, No. H 76-373. 
  

Richard Gordon Hatcher, et al. v. Methodist 
Hogpital of gary, Inc., et al,, No. H 77-154. 
  

Dear Mr. Groudys: 

I am enclosing, for filing, in the above case, 
Plaintiffs' Second Set of Interrogatories to 
Defendant Methodist Hospital of Gary, Inc., 
Motion and Notice of Motion for Expedited 
Discovery Schedule and the Certificate of 
Service. There are two copies of each enclosed. 

Thank you for your consideration. 

Sincerely yours, 

Beth J. Lief 
Attorney for Plaintiffs 

BJL/r 

Enclosures #2 

  

1 0 COoOlL.UMBUS CIRCLE 

  

586-8397 NEW YORK, N.Y. 100480



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| 

IN THE | 

UNITED STATES DISTRICT COURT | 

| FOR THE NORTHERN DISTRICT OF INDIANA | 

HAMMOND DIVISION | 

i | 

| BERNICE TERRY, et al., : | 

| Plaintiffs, : | 

| v. / NO. H 76-373 | 

| METHODIST HOSPITAL OF GARY, INC., : | 

i et al., : | 

| Defendants. : | 

| : | 
| | 

| RICHARD GORDON HATCHER, et al., : | 

| Plaintiffs, : | 

| Ve. : NO. H 77-154 | 

METHODIST HOSPITAL OF GARY, INC., : | 

I et al,, : | 

| Defendants. : | 

  

PLAINTIFFS' SECOND SET OF INTERROGATORIES 

f TO DEFENDANT METHODIST HOSPITAL OF GARY, 
I INC. | 

| Plaintiffs respectfully request, pursuant to Rule 33 of 
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| the Federal Rules of Civil Procedure, that defendants answer the | 

| following interrogatories within ten (10) days. The definitions | 

| and rules set forth in plaintiffs' first set of interrogatories | 

apply to the following questions: 

| The following are definitions used throughout these 

| 
interrogatories 

a) a "field" is composed of one or more columns 

(characters), and comprises a discrete item of information, such 

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as name, race, job, etc. 

b) all individual fields for one entry to the file, taken 

together, form a record. 

c) A "file" or "Data Base," is composed of any number of 

records. Each record is similar in format or contents and func- 

tions to all others, although records of different structure 

(layout) may exist together in the file. As a field is the log- 

ical subdividion of a record, so the record is the building block 

of a file. A file exists in computer-readable form, which may 

include magnetic disks, drums, data cells, direct access devices, 

or tapes; keypunch cards; punched paper tape; or optical charac-   
ter forms. Any medium which can be processed by an input/output | 

| 
device is considered to be in computer-readable form. Print-outs 

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are not included. 

d) For the purposes of these interrogatories, the term 

"Data Base" is limited to only those files containing any of the 

  information below relating to (1) any employee, and (2) medical 

staff (present, former, prospective, hourly, salaried, affiliated,   management, professional, operative, laborer, etc.) of defendant, | 

and (3) any patients serviced at defendant's facilities. 

As to employees and persons with staff privileges: 

1) race 

2) sex 

3) age or birth date 

4) social security number   
5) seniority dates used for purposes of progression, | 

demotion, layoff, recall, vacation 

6) date of hire or affiliation agreement 

7) date of termination 

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8) reason for termination | 

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9) job, department, gang, plant, division, line-of-progres- 

sion, organization assignments 

10) dates of such assignments   
ll) rates of pay 

12) the dates of such rates | 

13) dates of all layoffs, leaves of absence, or other extend- 

ed absences from work 

14) relative standing among other employees (such as senior-   ity) 

15) identification, clock or badge number   
16) transfers between hospital facilities, plants, depart- 

ments, etc.   | 

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17) the dates of such transfers | 

18) level of education: format, vocational, on-the-job, etc. 
| 

| 19) the dates of such education 

| 20) medical qualifiactions or disqualifications 
| 
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21) hourly or salarly pay, status 

22) work station or physical working location       23) shift 

24) requests or bids for promotion or transfer | 

25) waivers or refusals to promote 

26) gross earnings for calendar years 1972 — present 

  27) gross earnings for all pay periods 1972 — present 

28) hours worked or hours paid for calendar years 1972 — 

  
present 

29) hours worked or hours paid for all pay periods 1972 —   
| present 

    
 



  

1 30) address 

31) evaluations or ratings made of employee     
32) skills, qualifications, training gained by employee 

  during employment with defendant 

33) name and race of supervisors 

34) professional qualification of employee, such as certifi- 

| cates held, languages spoken 

35) pension richts or payments 

36) union status 

37) job vacancies       38) job class, pay level, pay grade 

As to patient services, all information for the years 1970-1977 | 

with regard to Gary Methodist Hospital and for the years 1976- 

1977 for Broadway Methodist Hospital: 

(1) for each patient in inpatient services: zip code, 

race, age, source of admission, number patient days, service 

(clinic) and source/method of payment;*/ 

  (2) total number of patients and patient days in in- 

| patient services; 

(3) for each patient services in emergency room: zip 

| code, race, age, source of payment, whether admitted, service 

(4) total number of patients given emergency room ser- 

vices: 

(5) for each ancillary service (with diagnostic x-ray 

and therapeutic x-ray separately reportedas distinct services) 

name of service, each patient by race, age, zip code, source of 

admission, method of payment   (6) for each ancillary service (defined as in (5)), 

  

i*/ E.g., CHAMPUS, Medicare, Medicaid, Blue Cross, Workmen's 

Compensation, Self-Pay, Free Care, Unknown. 

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| total number of patients; 

| (7) for each clinic service, separately by name of 

| clinic: each patient by zip code, race, age, method of payment, 

total number of patients, 

If any of these Interrogatories can be answered by produc- | 

tion of working documents associated with defendant's customary 

data processing operations they may be supplied in lieu of such 

answer only if accompanied by clear explanations of any coded, 

abbreviated, or otherwise ambiguous material contained therein. 

PART 1 

Answer each question in this Part separately for each Data   Base (see definition, supra), which the defendant currently main-   | 
|| tains, or has previously maintained. If the answer to any 

| | 
question applies to two or more distinct computer systems, answer 

that question separately for each. Answer each question forthe 

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entire time period during which the data base was in use. If tne 

|   data base changed over time in any way, answer each applicable 

question separately for each differing time period in question. 

1. State the name of the data base, either as it is re-   
ferred to in the defendant's customary data processing operation 

or so that it can be uniquely identified in subsequent answers 

or pleadings. 

  | 2. Which categories of employees are included in the data 

base, 

3. When was the data base first created, and when was it 

last used. 

| 4, If volumes, version, or generations of the data base are 

(were) periodically produced, state: 

      
 



  

  

  
  

  
  

    

a) how often a copy is produced. 

b) what period of time is covered by each volume. 

c) in what ways any of the answers to questions in Part 

I differ between different volumes of the data base. 

d) by volume serial or other unique identifier, the vol-— 

umes still extant and the contents and dates thereof, retained, 

and if so, 

e¢) identify any volumes scheduled for destruction within 

the next twelve months. 

5. If entries in the data base are periodically updated, 

without a new volume or copy being created (such as the weekly up- 

dating of a disk master file), state: 

a) how often the data base is updated. 

b) which fields or records are subject to revision. 

c) whether complete copies are made and retained, and 

if is0, 

d) state by volume or other unique identifier the vol- 

umes still extant, the contents and dates thereof, and any pro- 

posed destruction dates. 

e) whether changed or purged entries are maintained in 

computer-readable form, and if so, 

f) answer all applicable questions in Part I for any 

files containing these purged entries. 

6. Provide the following for all fields found within each 

different record structure within the data base. In the alterna- 

tive, a "record layout" for the file may be produced, providing it 

supplies each requested item of information in a clear, legible, 

and unambiguous format:   
 



  

a) its location within the record. 

b) a brief description of its contents. 

c) a brief description of its function and signifi-   
\ cance, if not immediately obvious (such as name, race). 

d) the physical representation of its contents (char- | 

acter, zoned decimal, packed decimal, signed decimal, binary,   floating point, location of assumed decimal point, location of 

| sign, right—or left—justified, strictly numeric, numeric with 

blanks, etc.). 

e) the sign codes used for decimal fields (i.e., IBM 

standard hexadecimal "C" or "F" for plus, hex "D" for minus).   
f) the status of the field; whether data was always 

entered, was sometimes entered (was optional), or was never en- 

tered (space was provided, but field was not used). 

g) for each field which contains "coded" entries, such |     
as a field for race containing a "1" for white and a "2" for 

black, or numbers representing department titles, provide a 

translation table which contains each possible entry and its 

English translation or literal meaning. If such translation 

table exists in computer-readable form, answer all appropriate 

I questions in Part I concerning the table. 

| 7. If the file is composed of records differing in format 

from one another, provide the record layout for each possible 

record entry, (c.f. question 6) and state how the format approp-   
riate to any particular record can be ascertained. If the file 

is "hierarchical" in structure (i.e., it contains an unpredicta- 

ble number of minor-level records related in some manner to a 

preceeding major-level record), describe in detail the structure       
 



  

of the file, and state how different record types and levels can 

be recognized. 

8. State the approximate number of logical records in the   
data base. 

9. Describe the storage device or medium. 

10. State the: 

a) logical record length. 

b) physical record length (blocksize). 

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c) record format (fixed length, variable length, spanned, 
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| | blocked. 

d) file organization (sequential, indexed, direct, VSAM) . 

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| e) recording code (EBCDIC, ASCII, BCD, Hollerith, 

column binary). 

11. State the programming language or retrieval system used 

to create and access the data base. 

12. If the data base is generated or accessed by a program 

| which is part of a formal or documented processing system, pro-   vide a "flowchart" for that system, showing the flow of informa-   tion (files) from program to program. 

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| 13. If on magnetic tape, state the density (bits per inch),| 
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| the number of tracks (7.9), the recording technique (parity, 

| 
: : ; 

| translation, conversion, character code) if on 7 track, the form 

of internal identifying labels (IBM standars, non-labelled, IBM 

1400 series, Burroughs standard, etc.), and the format of black 

prefixes if ASCII. 

14. With reference to the fields enumerated in the answer 

to Question 6, describe the order in which records in the data   
H 
li base are sorted. 

      
 



  

PART II | 
{ 

15. Briefly describe each of the defendant's computer facil-+ 

  | ities, including: 

a) manufacturer. 

  b) model number. 

c) name and release of operating system. 

d) type and number of each input/out/put device. 

16. If the defendant's current computer system is not cap- 

able of copying each of the data bases identified in Part I ac- 

cording to the following parameters, state why not, and state     what alternatives are available for each of the parameters 

listed: 

a)onto magnetic tape. 

b) 9 track. 

¢) vat 800, 1600, or 6250 bpi.   d) in EBCDIC character code.   e) with IBM standard OS labels. 

| 17. For each information retrieval program or report gen- 

erator (i.e., software capable of producing a multitude of     
| different reports, depending on control information entered) 

  
available, whether purchased, leased, or written locally, 

a) identify its name or title, vendor or author, and 

any optional features installed. 

b) identify which of the data bases named in Part I 

the program operates on, and whattype of reports it is capable 

of generating. 

c) Identify and describe all documents, reference man- 

  | uals or texts which describe the program and its operation. 

| 18. If defendant contracts with an outside service bureau 

or agency for processing of data bases identified in Part I, 

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a) describe those services completely. 

b) indicate which data bases identified in Part I are   
in the possession of such bureau or agency.     c) answer all parts of questions 15 and 16 concerning 

the bureau's data processing capabilities. 

19. Give the name, business address, job title, and job 

function of: 

a) the manager of defendant's data processing operation; 

  
b) each analyst or programmer who has intimate knowledge 

|     of the contents or function of each data base identified in Part | 

i 

I (specify which). | 

c) the person(s) who answered these Interrogatories. 

Respectfully submitted, 

  

  JACK GREENBERG 
BETH J. LIEF 

| MELVYN LEVENTHAL 
10 Columbus Circle 

New York, New York 10019 

  
JULIAN B. ALLEN 
CHARLES B. MILLER 
2009 Broadway 
Gary, Indiana 46407   

MARILWG. ROSE | 
CHRISTINE G. HICKMAN | 

| 1751 N Street, N.W. 
| washington, D. C. 20036   

| 
| Attorneys for Plaintiffs 
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I IN THE 
I 
| UNITED STATES DISTRICT COURT 
I 
| FOR THE NORTHERN DISTRICT OF INDIANA | 

| HAMMOND DIVISION | 

| : | 
| BERNICE TERRY, et al., : | 
| : | | Plaintiffs, : | 
| : | 
| v. : NO. H 76-373 | 

: 
I METHODIST HOSPITAL OF GARY, INC., : | 
| et al., : | 
i : 

Defendants. : 
| . 

| : | 

I | 

| RICHARD GORDON HATCHER, et al., : | 

1 Plaintiffs, ; | 

I v. : NO. H 77-154 | 

| METHODIST HOSPITAL OF GARY, INC., : | 
| « et al., : | 
i . | 

I Defendants. : | 

| : | 
l 
I | 
| MOTION AND NOTICE OF MOTION | 
I FOR EXPEDITED DISCOVERY SCHEDULE 

| Please take notice that plaintiffs respectfully move this | 

I | 
| Court pursuant to Rule 33 (a) for an expedited discovery schedule | 
| i 

| | 
requiring the defendant to answer the attached Interroga-| 

tories within ten (10) days of service on the grounds that this | 

Court has set trial in the above-captioned cases for December 5, 

1977 and that plaintiffs thereforerequire answers to interroga- 

tories as quickly as possible, and that defendants will suffer nol 

    

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prejudice since the interrogatories only seek information which 

is or should be readily at defendant's disposal. 

Dated: 

Respectfully submitted, 

~ 

  

Qs. [) Aeth 
JXCK GREENBERG 
BETH J. LIEF 
MELVYN LEVENTHAL 

10 Columbus Circle 

New York, New York 10019 

JULIAN B. ALLEN 
CHARLES B. MILLER 

2009 Broadway 

Gary, Indiana 46407 

MARILYN G. ROSE 

CHRISTINE G. HICKMAN 

1751 N Street, N. W. 

Washington, D. C. 20036 

Attorneys for Plaintiffs 

  

  
 



  

Certificate of Service 
  

I hereby certify that a copy of the foregoing plaintiffs 

Second Set of Interrogatories to Defendant Methodist Hospital of   

Gary, Inc.,Motion & Notice For Expedited Discovery Schedule, 
  

was served by United States mail, postage prepaid, on 

the 
  

day of Atlin L977, on counsel for 
J 

defendants as follows: 

Rebecca L. Ross, Esq. 

Department of Justice 
10th and Pennsylvania Avenue 
Washington D.C. 

Marvin G. Garvin, Esq. and Edward L. Koven, Esq. 
Regional Attorney and General Attorney 
Department of Health, Education and Welfare 
300 South Wacker Drive, 18th Floor 
Chicago, Illinois 

Fred W. Grady, Esq. 

Assistant United States Attorney 
Northern District of Indiana 
Federal Building, 502 State Street 
Hammond, Indiana 46325 

Attorneys for Defendant Secretary of Health, 
Education and Welfare 

Hodges, Davis, Gruenberg, Compton & Sayers 
Bruce E. Sayers, Esq. 
5525 Broadway 
Gary, Indiana 46401 

Attorneys for Defendant Methodist Hospital 
of Gary, Inc. 

Theodore L. Sendak, Esq. 

Assistant Attorney General of Indiana 
219 State House 
Indianapolis, Indiana 

Attorneys for State Defendants       
 



      

Anthony DeBonis, Jr., Esq. 
Joseph E. Costanza, Esq. 

Murphy, McAtee, Murphy & Costanza 
First National Bank Building 
720 W. Chicago Avenue 
East Chicago, Indiana 46312 

Attorneys for Defendant Kipton Kaplan 

( 
  

Sth 3. LY: ° ¢ 
Counsel for Plaintiffs [||da4a742e-9d3c-431f-af2c-d28991e9e7c9||]