Motion to Withdraw Motion to Dismiss Or In The Alternative For Summary Judgment

     [||ceb8aa34-52d9-49b8-91f9-b0db0ba83ec3||] % 
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BERNICE TERRY, et al., 

Plaintiffs, 

  

  

  

  

Vv. Civil Nos. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

/ 

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 

Vv. Civil No. 'H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

/ 

MOTION TC WITHDRAW MOTION TO DISMISS 

OR IX THE ALTERNATIVE FOR SUMMARY JUDGMENT 

Defendant, Joseph A. Califano, Secretary of the 

Department oI Health, Education and Welfare, by his 

undersicned attorneys, hereby moves this Court to withdraw 

defendznt Califano's Motion to Dismiss or in the Alterna- 

tive for Summary Judgment filed April 1, 1977. The 

ground for this motion is that the Secretary has recon- 

sidered his position and determined not to press the 

exhaustion of remedies argument in light of his deter- 

mination that a Title VI and Section 504 review will 

be made of all hospitals in Lake County, Indiana. 

In support of this Motion, the Court is respect- 

fully referred to the Memorandum of Points and Authori- 

ties filed herewith.  



4 » 
Respectfully submitted, 

  

fn il. 1 ¢ 3 8 

Pala Plex Babee [A 
BARBARA ALLEN BABCOCK 
Assistant Attorney General 

  

  

RICHARD L. KEISER 

United States Attorney 

  

FRED W. GRADY 

Assistant United States Attorney 

ri riaey i 0) gr 
OF COUNSEL: Alemmug GC. Hodes 1.82 

DENNIS G. LINDER X 
  

JEFFREY CHANPAGNE 

U.S. Department of 
Health, Education 
and Welfare ~~ A yy 

(PL<eca A (Vrcs 
MARVIN G. GARVIN REBECCA L. ROSS 
  

Attorneys for Defendants 

EDWARD IL. ROVE Attorneys, Department of Justice 
Assiziznt Regional Washington, D.C. 20530 

Attcrne Telephone: 739-2230 

Education and Welfare 
300 South Wacker Drive 
18th Flioor 
Chicago, Illinols 

 



% # 

IN TEE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

  

BERNICE TERRY, et al., 

  

  

Plaintiffs, 

v. Civil No. H 76-373 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

/ 

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 

Vv. Civil No. H 77-154 

METHODIST HOSPITAL OF GARY, INC., 

et al., 

Defendants. 

/ 
  

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 

CF MOTION TO WITHDRAW MOTION TO DISMISS 

OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT 
  

Cn April 1, 1877, defendant Joseph A. Califano, 

Secretarv of the Department of Health, Education, and 

Welfare submitted a Motion to Dismiss, or in the 

Alternative for Summary Judgment based primarily on the 

fact that plaintiffs had not exhausted their administra- 

Based on discussions with all counsel and an inde- 

pendent evaluation of the situation in and around Gary, 

the Office for Civil Rights has determined that a review 

will be made of all hospitals in Lake County, Indiana to 

determine if Title VI of the Civil Rights Act, 42:0.8.C. 

§20004, et seq, or section 504 of the Rehabilitation Act, 

29 U.S.C. § 794 have been violated. On August 12. 1977, 

letters were sent to all hospitals in Lake County informing  



them of that decision. A representative letter is attached. 

  

{(Bxhibit 1). 

The Department of Health, Education and Welfare (HEW) 

further determined that, in light of its decision to con- 

duct this review, and in light of the fact that an attempt 

is being made to settle this case, that it did not wish 

to press the exhaustion of administrative remedies argument 

at this time. HEW feels that a hearing on this issue 

at this time would be a waste of the Court's and all par- 

ties' time. 

Plaintiffs' counsel has been informed of HEW's deci- 

sion and does not oppose this motion. Defendant Califano 

therefore respectfully requests that his Motion to 

Dismiss or in the Alternative for Summary judgment be 

withdrawn. 

Belpeatially SE 

RA TIEN Sapiacs 
t Attorney General 

  

  

RICHARD L. KEISER 
United States Attorney 

  

| FRED W. GRADY 
| Assistant United States Attorney 

w
o
 

OF COUNSEL: MINE 5 2 
DENNIS G. LINDER 
  

JEFFREY CHANPAGNE 

U.S. Department of 
Health, Education 

and Welfare 3 

(A ceca J (Fes 
MARVIN G. GARVIN REBECCA L. ROSS 
Regional Attorney 

| Attorneys for Defendants 

  

EDWARD L. KOVEN Attorneys, Department of Justice 
Assistant Regional Washington, D.C. 20530 

Attorney Telephone: 739-2230 

Department of Health, 
Education and Welfare 

300 South Wacker Drive 
18th Floor 
Chicago, Illinois 

j 

 



'3 . 
CERTIFICATE OF SERVICE 

  

  

I certify that copies of Motion to Withdraw Motion to 

Dismiss or in the Alternative for Summary Judgment and 

Memorandum of Points and Authorities in Support of Motion to 

Withdraw Motion to Dismiss have been served this i Hh 
  

day of August, 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 

-- - 

ry, Indiana 46401 

cutive 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 

(Derren I (Wass 
REBECCA L. ROSS [||ceb8aa34-52d9-49b8-91f9-b0db0ba83ec3||]