Request for Production, Inspection, and Copying of Documents Upon Defendant

     [||f69572d0-d7a9-455c-9398-25f41526699a||] IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

RICHARD GORDON HATCHER, 

WILLIE LEE PAGE, 

METRO CORPS OF GARY, INC., 

A Not-for-Profit Corporation, 

and others similarly situated, 

Plaintiffs, 

Ve. 

METHODIST HOSPITAL OF GARY, 

INC., An Indiana Not-for- 

Profit Corporation and DENIS 

E. RIBORDY, as President of 

the Board of Directors, et al. 

Defendants. 

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Civil Action No. H 77-154 

REQUEST FOR PRODUCTION, INSPECTION, AND COPYING 

OF DOCUMENTS UPON DEFENDANT SECRETARY OF HEALTH, 

EDUCATION, AND WELFARE 

Pursuant to Rule 34 of the Federal Rules of Civil 

Procedure, plaintiffs request that the following documents 

be made available to plaintiffs, by their counsel, at the 

principal offices of the Office for Civil Rights, 300 

Independence Avenue, S.W., Washington, D. C., on a date 

mutually convenient to the parties: 

(1) All drafts of the State Agency guide- 

lines prior to the draft dated Bugust, 1975; 

(2) Transcripts, tapes, summaries, comments, 

criticisms, on the State Agency guidelines of 

August, 1975 by Peter Holmes (former director of 

the Office for Civil Rights), Martin Gerry (present 

Director of the Office for Civil Rights), and by 

 



  

the regional and national chiefs of the Health 

and Social Service Branch, Office for Civil 

Rights; 

(3) Corrected copy of enforcement activity 

chart for 1975, and copies of similar charts for 

all years from 1972 to date; 

(4) Complete civil rights file for the 

Methodist Hospital, Gary, Indiana; 

(5) All civil rights files for all health 

facility relocation and/or displacement projects 

for the past five years, and if the project was a 

Hill-Burton facility, Part I of the Hill-Burton 

application and the narrative description of the 

project; 

(6) Policy paper from Region V on the problem 

of relocation of health facilities, and comments, 

memoranda, letters, and criticisms from the Regional 

Health Directors and from all persons within the 

Office for Civil Rights and the Health Resources 

Administration, both from Region V and Washington; 

(7) Any document from the Office for Civil 

Rights to the Office of Surplus Property, DHEW, con- 

cerning possible civil rights consequences and/or 

advisability of a civil rights review in the circum- 

stances of the Chicago Veteran's Hospital; 

(8) Copy of Notice of Hearing, Letter of Non- 

compliance, and any other public documents involving 

the Park City Hospital, Bridgeport, Connecticut; 

a Jo 

 



  

(9) Civil Rights file on West Virginia re- 

location project; 

(10) Current enforcement activity report for Region 

Vv showing each health and social service civil rights 

matter in the office; 

(11) All civil rights files for all Hill-Burton 

projects showing civil rights issues considered by 

Office for Civil Rights and State Hill-Burton agencies 

for past five years; 

(12) Copies of all reports received from the 

Delaware Department of Health and Social Services since 

July 10,1975, 

(13) All complaints under section 504, date received, 

whether resolved (and if so, how resolved), whether 

on-site reviews conducted, and program area (heaith, 

education, social services, etc.): 

(14) All complaints raising site location issue 

under either Title VI or section 504; 

(15) Letters finding violations and notices of 

opportunity for hearing under section 504; 

(16) Worksheets, charts, inventories, and other 

documents showing number of person days needed to perform 

each of the component parts of the civil rights program 

for each Region developed during survey by Office for 

Civil Rights team in summer of 1975; 

(17) staff allocation and actual positions filled in 

Health and Social Services Branch of the Office for 

Civil Rights for the past five years, nationwide and in 

Region III. 

 



  

(18) Copies of all section 504 guidelines and 

regulations; 

(19) Copies of the Indiana State Methods re- 

quired under Title VI regulations; 

(20) Copies of all standards and guidelines 

for Title VI and section 504 compliance promulgated 

by each region and the Office for Civil Rights. 

(21) Report of HEW issued February 23, 1977 

which designated Gary, Indiana is an area of critical 

health manpower shortage; 

(22) Any report, communication, memoranda or 

document relating to or CoRtazntna report or investiga- 

tion of Alfred Sanchez, HSSB, OCR, HEW, Region V on or 

about May 14, 1973 concerning the identification by 

HEW of urban hospitals within Chicago where intended, 

actual or proposed relocations would result in decreased 

accessibility to health care by minorities; 

(23) Copies of State Agency guidelines, standards 

and methods of administration of the Indiana State 

Board of Health relating to state agency functions 

under Title VI, Section 504, Section 1122 of the Social 

Security Act, and the Hill-Burton Program. 

Respectfully submitted, 

2 hf of 2 

  

JACK GREENBERG 
MELVYN R. LEVENTHAL 

BETH J. LIEF 

10 Columbus Circle 

New York, New York 10019 

 



  

JULIAN ALLEN 

2009 Broadway 

Gary, Indiana 46407 

CHARLES B. MILLER 

2009 Broadway 

Gary, Indiana 46407 

Attorneys for Plaintiffs 

 



  

Certificate of Service 
  

I hereby certify that a copy of the attached REQUEST FOR 

|PRODUCTION, INSPECTION, AND COYPING OF DOCUMENTS UPON DEFENDANT 

SECRETARY OF HEALTH, EDUCATION AND WELFARE was served by United 

States mail, postage prepaid, on the 10th day of June, 1977 upon 

| 
counsel for Defendant Secretary of Health, Education and Welfare | 

las follows: 

| REBECCA L. ROSS, ESQ. 
| Department of Justice 

10th and Pennsylvania Avenue, N.W. 

washington, D. c. 

  

| 

| MARVIN E. GARVIN & EDWARD L. KOVEN 
| REGIONAL ATTORNEY & GENERAL ATTORNEY 

Department of Health, Education and welfare 

I 300 South wacker Drive, 18th Floor 

| Chicago, Illinois 
| 

| FRED W. GRADY, ESQ. 
| ASSISTANT UNITED STATES ATTORNEY 
I United States District Court 
| Northern District of Indiana 

Federal Building, 502 State Street 

Hammond, Indiana 46325 

7 . yi 
: FCA 3 {} sell | RANK \/ A oul 
  

Attorney fo¥ Plaintiffs [||f69572d0-d7a9-455c-9398-25f41526699a||]