IN THE CIRCUIT COURT OF THE

NINTH JUDICIAL CIRCUIT, IN AND

FOR ORANGE COUNTY, FLORIDA

 

CASE NO.; CI, 97-705

CHARTER HOSPITAL 01F' ST. LOUIS, INC.

d/b/a CHARTER BEHAVIORAL, HEALTH

SYSTEM ORLANDO,

Plaintiff.

Vs.

WESH TELEVISION, INC., a/k/a WESH- TV

NEWS-CBS CHANNEL 2, an affiliated of NBC,

NEW CITY COMMUNICATIONS OF FLORIDA,

INC., an affiliate of CBS, WFTV, Inc., an affiliate of

ABC, JOSE PROENZA-SANFIEL and JUDY Proenza-Sanfiel, individuals, and JOHN DOE DEFENDANTS,

 

Defendants.

 

 

ORDER ON VARIOUS MOTIONS OF DEFENDANT, JOSE PROENZA-SANFIEL

THIS CAUSE came on to be heard before ME this 18th day of July, 1997, on the

Various Motions filed by Defendant, Jose Proenza-Sanfiel, on June 26, 1997, and the Court having heard of argument of counsel and Defendant, Jose Proenza-Sanfiel, it is ORDERED and ADJUDGED as follows:

1. The Motion made under the title Patient Advocate", which requests an

Appointment and recognition as a "Patient Advocate", is DENIED.

2. The Motion which seeks a stay of this action and a jury trial of this action is DENIED.

3. The Motion for change of venue and/or removal to Federal Court is DENIED.

4. The Motion SEEKING an injunction from further use of software titles in the subject computer is DENIED as to all SOFTWARE TITLES which maintain the confidential patient which maintain the confidential patient information, and other internal INFORMATION on of Plaintiff.

5. The ore tenus motion to disqualify, which was treated as a motion to recuse, is hereby DENIED.

6. The remaining motions previously filed by Defendant were withdrawn at the

Hearing.

DONE AND ORDERED in Chambers, Orlando, Orange County, Florida this

Day of July 1997.

 

John H. Adams. Sr., Circuit Court Judge

 

CERTIFICATE OP SERVICE

I HEREBY CERTIFY that a we and correct copy of the foregoing has been furnished

By U.S. mail this day of July 1997, to. Jose Proenza-Sanfiel, 4210 POW-MIA

Memorial Highway, St. Cloud, Florida 34772; John P. Quinones, IV, Esquire, 3 S. Bermuda

Ave., St. II, Kissimmee, Florida 34741 and Stephen J. Calvacca, Esquire, 38 E. Pine

Street, Orlando, Florida 32801, Attorney/Judicial Assistant

 

 

 

 

IN THE CIRCUIT COURT Of THE

NINTH JUDICIAL, CIRCUIT, IN AND

FOR ORANGE COUNTY, Florida

 

CASE NO,: CI 97-705

 

 

CHARTER HOSPITAL OF ST. LOUIS, INC.

D/b/a CHARTER BEHAVIORAL HEALTH

SYSTEM ORLANDO,

 

Plaintiff,

Vs.

WESH TELEVISION INC., a/k/a

WESH- TV NEWS CHANNEL 2, an affiliated

Of NBC, NEW CITY COMMUNICATIONS OP

FLORIDA, Inc., an affiliate of CBS, WFTV,

INC., an affiliate of ABC, JOSE PROENZA-SANFIEL

And JUDY PROENZA-SANFIEL, individuals,

And JOHN DOE DEFENDANTS,

 

Defendants,

 

 

SUMMARY FINAL JUDGMENT AGAINST JOSE PROENZA-SANFIEL.

INCLUDING ORDER GRANTING PLAINTIFF'S MOTION FOR PERMANENT

Injunction AGAINST JOSE PROENZA-SANFIEL

 

THIS CAUSE came on to be heard this 28th day of June 1997, on the plaintiffs

Motion For Final Summary Judgment against Jose Proenza-Sanfiel and Motion Far Permanent Injunction Against Jose Proenza-Sanfiel, and the Court having heard argument of counsel and Defendant, Jose Proenza-Sanfiel, having been advised in the premises and having reviewed the pleadings filed in this case, it is ORDERED and ADJUDGED that the Motion For Final Summary Judgment Against Jose Proenza-Sanfiel and Motion For Permanent injunction Against Jose Proenza-Sanfiel is hereby GRANTED as follows:

1. Plaintiff is entitled to a judgment as a matter of law against Defendant, Jose Proenza-Sanfiel.

 2. The Defendant, Jose Proenza-Sanfiel and his agents and representatives are Hereby enjoined, for all time, from disclosing, using or otherwise disseminating any of the contents of the patient files of Plaintiff, including but not limited to, any information concerning the identity of any patients of the Plaintiff the name, age, diagnosis, course of treatment or any other information might disclose the information might disclose the identities of said patients and from stating or suggesting to any third parties he currently has possession of' any information which might disclose the identities of said patients.

 3. The Court finds there is no damage or potential loss to Defendant, Jose Proenza-Sanfiel, arising out of the injunction described in paragraph 2 above. Thus, Plaintiff will not be obligated to post a monetary bond in connection with this injunction.

 4. The Court hereby determines that the confidential patient information outlined above and stored on the subject computer, which is presently in the possession, custody and control of the Clerk of this Court, is the sole property of Plaintiff.

 

5. Plaintiff has requested the right to delete, erase, or otherwise permanently Remove from the subject computer, ail confidential patient information, as outlined above, as well as the software which maintains said confidential patient: information, and all other internal information of Plaintiff before the subject computer is returned to Defendant, Jose Proenza-Sanfiel.

 

6. This request by Plaintiff is GRANTED, but is subject to the following Conditions; a, Plaintiffs counsel shall serve copy of this Summary Final judgment: upon the attorney representing the United States in connection with that certain lawsuit styled United States of America, etc. v. Charter I-Hospital of St, Louis, Inc. etc., et al, Case No, 94-1170-CIV-ORL-22, United States District Court, Middle District of Florida: and b. Plaintiffs counsel shall serve a copy of this Summary Final Judgment upon Charles Tiffany, who Defendant, Jose Proenza-Sanfiel, indicated was representing him in connection with an administrative proceeding involving the suspension of his nursing license by the Agency For Health Care Administration; and

 

c. The aforesaid attorney for the United States and attorney Charles Tiffany shall have sixty ((60)) says from the date of service of this Summary Final Judgment, as outlined in paragraphs a. and b above, to file a motion with this Court seeking possession of the subject computer in order maintain custody of the confidential patient information outlined above; and

 

d. Should such a motion be filed by either of both of these attorneys within this sixty (60) day period, the motions may be scheduled for hearing by third party to this case or by the attorney filing the motion, and

 

e. Should neither the attorney for the United States nor Charles Tiffany File a Motion as described above within this sixty (60) day period, the request by the Plaintiff delete the confidential patient information, other internal information of Plaintiff and the software that maintains same, will be deemed GRANTED without further order of this Court.

 

7. In order to confirm the expiration of this sixty (60) day period, Plaintiffs counsel shall, upon service of copies of the Final Summary Judgment as described in Paragraphs 6a and 6h above, tile a certificate of service and serve a copy upon Defendant Jose Proenza-Sanfiel, confirming the date copies of this Summary Final Judgment were served upon these ndividuals. Should the motion or motions described in paragraphs 6d and 6e above not be filed in the Court file within sixty (60) days of the service of the Summary Final Judgment, the Clerk of this Court is hereby directed to allow Plaintiff, through its agents and attorneys, to have access to the subject computer for the purpose of deleting this confidential patient information, other internal information of Plaintiff and the software maintaining same.

8 Assuming no timely objection is filed within the sixty (60) day period above- Plaintiffs right to delete the confidential patient information and other internal information of Plaintiff' shall be exercised in the following manner:

 a. Plaintiffs counsel shall notify Defendant, Jose Proenza-Sanfiel, of the date and time when the deletion will take place;

 b. The defendant, Jose Proenza-Sanfiel, will have the right to be present at that date and time but will not interfere with the deletion of information consistent with this Summary Final Judgment;

 c. Upon completion of the deletion of information, the Clerk of the Court shall turn over possession of the subject computer to Defendant Jose Proenza-Sanfiel;

 d. Should the deletion of information or software require the complete deletion of all software and information on the hard disk dove of the subject computer, Plaintiff will: required to furnish Defendant, Jose Proenza-Sanfiel, with a new or used computer substantially similar to or better than the. Subject: computer, containing software similar to or more advanced than the: software contained on the subject computer, absent the confidential patient information or other material information of Plaintiff and the software used to maintain same.

 

e. As an alternative to the steps outlined in paragraphs a through the above, Defendant, Jose Proenza-Sanfiel, may notify Plaintiffs counsel, in writing, and before Plaintiff has begun deletion of the Information described above, that he will accept a comparable computer in lieu of the return of the subject computer In that event, Plaintiff shall provide: to Defendant, Jose Proenza-Sanfiel, a new or used computer substantially similar to or better than the subject computer containing software similar to or more advanced than the software contained on the subject computer, absent the confidential patient information and other internal information of Plaintiff. In that event, the Clerk of the Court shall deliver possession of the subject computer to Plaintiff which may dispose of the computer as it sees fit.

 

9. The Court DENIES Plaintiffs Motion to Tax Costs against Defendant, Jose Proenza-Sanfiel each party shall bear their own attorney's fees and costs

10. The Court retains jurisdiction over this matter for the purpose of enforcing the terms of this Summary Final Judgment, including the enforcement of the permanent injunction contained herein.

DONE AND ORDERED, in Chambers, Orlando, Orange County, Florida, this

Day of July 1997.

John H. Adams, Sr., Circuit Court Judge

CERTIFICATE OF SERVICE

 I HEREBY CERTIFY that a true and correct copy of the Foregoing has been

Furnished this day of July 1997, by U.S. Mail to. Jose Proenza-Sanfiel, 4210 POW-MIA Memorial Highway, St. Cloud, Florida 34772; John P. Quinones, IV, Esquire, 3 S.Bermuda Ave., St. 11, Kissimmee, Florida 34741 and Stephen J. Calvacca, Esquire, 38 E. Pine Street, Orlando, Florida 32801. Attorney/Judicial Assistant

.


Webmaster's Comments.

( The above document is the most important of the case and others are not posted due to time, space and possible clouding of the issue if resources become available EVERYTHING WILL BE POSTED )

Here we see the power of corporate lawyers at work. All of my requests for the good of the patient and the public were " Denied ". The system sees fit to hold me accountable for violating the patients confidentiality and as a Nurse responsible to them; However when I formally ask to be recognized as the patients advocate the system denies me that right. That is in clear violation of the ANA American Nurses Association standards. Why is the patient denied this acknowledgement of advocacy? Simply because then I would have been able to contact them making the patients aware of the breach of confidentiality and the hospital would have had a Class A lawsuit on their hands. I wonder where did the money that the hospital saved by this went to.? Could some one or some ones within the system have been bought? Please note also that here the Hospital seeks to destroy or erase the information and is granted so. How convenient.! Especially when there is a Federal case against them on the same judicial district.!! styled United States of America, etc. v. Charter I-Hospital of St, Louis, Inc. etc., et al, Case No, 94-1170-CIV-ORL-22, United States District Court, Middle District of Florida: Yet the Federal folks have not bother to check the information contained within this computer Why? when they have been notified by me and it has been on TV, Radio and Newspapers.

I must say that the Judge did at least prevented " the Corporation " from taking any money from me trough his judgment. It is so hard for me to understand some of his actions there are so many questions and so much denial of rights that it makes me mad knowing that our system can be so twisted as to take away something that is clearly yours. The Judge wore a Vietnam service pin to the last day of trial and afterwards did tell me about his daughter having entered training at Paris Island ( Home of the US Marines ..Hooorahh!! ) However he never did say if he had served nor did he accept from me a free magazine regarding the POW / MIA issue it was free I give it to every one that I meet and the trial was over so he really could not have said attempt of bribery or anything like that..! I wonder why a Nam Vet Would of refuse the information on POW /MIA I never met one that refused it before? Strange?

Webmaster's Comments.

  This is the part that shows you care a little extra. Please take the time and go to some of these areas and let them know how you feel, and what they can do to help. Thanks so much. Also, contact any other person you wish. It is a free country still. SPECIALLY in my place!!

E-Mail Address for Nursing Organizations

Email Address for US Senate………………

E-Mail Address for US House of Representatives

 

Is a BEAR of a job but if you like you can also reach the whole Nation trough the air ways via Radio and TV Links

 

We the people can make changes.!!

And if you E-Mail this Journalists will help us all.

 

 

 


************* NOTE OF INTEREST *********************

I have been caring for the American Way of life for a while now.... you can see the other part of me on the other Web Site that I also maintain. That Web-Site deal's with the POW/MIA Issue Please visit it and get involved there are still men left behind and they need your help also. Visit " THE REAPER'S EDGE A POW's SCREAMED ECHO IN CYBERSPACE "


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.Contacting Jose via E-ail..Mailto:onenurse@noangle.com

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