Evidence Record

Plea in Intervention and Motion to Deposit Funds - Atlantic Wave Holdings, LLC and Secure Community, LLC

1. Plaintiffs have a valid Virginia judgment against Defendants Cyberlux Corporation and Mark Schmidt (collectively, "Defendants") that was domesticated in Texas (the "First Judgment").

Type
document
Date
May 22, 2025 - June 3, 2026
Pages
7
Lines
384
SHA-256
7fa4a41db58a

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
Plea in Intervention and Motion to Deposit Funds
Total Nodes
30
Node Legend
Entity (ENT)
Event (EVT)
Claim (CLM)
Anchor (ANC)
Omission (OMI)
Tension (TEN)
Tell (TEL)
Inference (INF)
Hypothesis (HYP)
Stage 1
Index
Orientation · No nodes
Document Classification
Plea in Intervention and Motion to Deposit Funds Atlantic Wave Holdings, LLC and Secure Community, LLC via Law Firm of Shawn M. Grady, PLLC Post-judgment collection proceedings in Harris County, Texas involving receivership funds and competing creditor claims May 22, 2025 - June 3, 2026
competing_creditor_claimsreceivership_disputefund_distribution_contestedmultiple_judgments
Analytical Frame
Legal creditor intervention seeking protection of funds subject to second judgment and UCC lien
Analytical Summary
Atlantic Wave Holdings, LLC and Secure Community, LLC file a plea in intervention in an existing Harris County case where they previously obtained a domesticated Virginia judgment against Cyberlux Corporation and Mark Schmidt. After their first judgment was satisfied, the plaintiffs domesticated a second Virginia judgment worth $6 million on May 28, 2026. A court-appointed receiver, Robert W. Berleth, now holds non-exempt funds captured from Cyberlux Corporation and proposes to pay receivership fees and return the surplus to Legalist. The intervenors assert a superior claim to these surplus funds based on both the second judgment and a UCC lien securing approximately $6,025,000 in debt. They request the court order the receiver to deposit any surplus funds into the court registry pending determination of rightful ownership, citing their justiciable interest in property subject to execution under their second judgment.
Key Points
  • Intervenors previously obtained and satisfied a first Virginia judgment against Cyberlux Corporation and Mark Schmidt domesticated in Texas
  • On May 28, 2026, intervenors domesticated a second Virginia judgment worth $6 million plus fees and interest against the same defendants
  • A court-appointed receiver holds funds from Cyberlux Corporation and proposes to distribute surplus to Legalist after paying receivership expenses
  • Intervenors assert a UCC lien securing approximately $6,025,000 in debt that they claim is superior to Legalist's ownership rights
  • Intervenors request court order requiring deposit of surplus funds into court registry until rightful ownership can be determined
Stage 2
Core — Entities, Events, Claims
18 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC - Plaintiff, Judgment-Creditor, and Intervenor in this action
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs/Judgment-Creditors
ENT-002
Entity
Secure Community, LLC
Secure Community, LLC - Plaintiff, Judgment-Creditor, and Intervenor in this action
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs/Judgment-Creditors
ENT-003
Entity
Cyberlux Corporation
Cyberlux Corporation - Defendant and Judgment-Debtor whose non-exempt funds are held by the receiver
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendants/Judgment-Debtors
ENT-004
Entity
Mark Schmidt
Mark Schmidt - Individual defendant and Judgment-Debtor
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendants/Judgment-Debtors
ENT-005
Entity
Robert W. Berleth
Robert W. Berleth - Court-appointed receiver holding funds from Cyberlux Corporation
Page 1 — On May- 22, 2025, the Court signed the Order Appointing Receiver, which appointed Robert W. Berleth as receiver
ENT-006
Entity
Legalist
Legalist - Entity to whom the receiver proposes to return surplus funds after paying receivership expenses
Page 2 — The Receiver proposes to disburse these captured non-exempt funds of Defendant Cyberlux Corporation, and distribute them to his firm to pay the Receivership fee and expense, and return the remainder to Legalist
ENT-007
Entity
Law Firm of Shawn M. Grady, PLLC
Law Firm of Shawn M. Grady, PLLC - Attorney for Plaintiffs and Intervenors
Page 4 — LAW FIRM OF SHAWN M. GRADY, PLLC By: /s/ Shawn M. Grady Shawn M. Grady State Bar No. 24076411
EVT-001
Event
Domestication of First Virginia Judgment
Plaintiffs obtained a valid Virginia judgment against Defendants that was domesticated in Texas (the "First Judgment")
Page 1 — Plaintiffs have a valid Virginia judgment against Defendants Cyberlux Corporation and Mark Schmidt (collectively, "Defendants") that was domesticated in Texas (the "First Judgment")
EVT-002
Event
Appointment of Receiver
On May 22, 2025, the Court signed the Order Appointing Receiver, appointing Robert W. Berleth as receiver
Page 1 — On May- 22, 2025, the Court signed the Order Appointing Receiver, which appointed Robert W. Berleth as receiver ("Receivership")
EVT-003
Event
Satisfaction of First Judgment
The First Judgment was satisfied via collection of payment to Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC
Page 1 — Subsequently, the First Judgment was satisfied via collection of payment to Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC
EVT-004
Event
Domestication of Second Virginia Judgment
On May 28, 2026, Intervenors domesticated another Virginia judgment against Defendants/Judgment Debtors Cyberlux Corporation and Mark Schmidt, in Cause No. 2026-35985, in the principal amount of $6 million, plus attorney's fees and interest
Page 2 — On May 28, 2026, Intervenors domesticated another Virginia judgment against Defendants/Judgment Debtors Cyberlux Corporation and Mark Schmidt, in Cause No. 2026-35985, in the principal amount of $6 million, plus attorney's fees and interest ("Second Judgment")
EVT-005
Event
Filing of Plea in Intervention
On June 3, 2026, Plaintiffs and Intervenors filed this Plea in Intervention and Motion to Deposit Funds Into Court Registry
Page 1 — 6/3/2026 6:28 PM Marilyn Burgess - District Clerk Harris County Envelope No. 115712456 By: Adiliani Solis Filed: 6/3/2026 6:28 PM
CLM-001
Claim
Receiver Holding Funds for Distribution
The Receiver has obtained and is holding funds which are to be distributed in some fashion to close the Receivership and end this matter
Page 1 — The Receiver has obtained, and is holding funds, which are to be distributed in some fashion, to close the Receivership, and end this matter
CLM-002
Claim
Intervenors Assert UCC Lien
Plaintiffs and Intervenors assert a UCC Lien to the funds held by the Receivership, as they are non-exempt funds of Cyberlux Corporation
Page 2 — the Receivership, as they are non-exempt funds of Cyberlux Corporation ("UCC Lien"). As such, Plaintiffs and Intervenors assert a claim to these funds, based on the Second Judgment and the UCC Lien
CLM-003
Claim
UCC Lien Secures $6,025,000 Debt
Plaintiffs possess a UCC Lien which secures a debt owed to Plaintiffs in the approximate amount of $6,025,000
Page 3 — Plaintiffs possess a UCC Lien, which secures a debt owed to Plaintiffs in the approximate amount of $6,025,000
CLM-004
Claim
Receiver Proposes Distribution to Legalist
The Receiver proposes to disburse captured non-exempt funds of Defendant Cyberlux Corporation, distribute them to his firm to pay Receivership fee and expense, and return the remainder to Legalist
Page 1, 2 — The Receiver proposes to disburse these captured non-exempt funds of Defendant Cyberlux Corporation, and distribute them to his firm to pay the Receivership fee and expense, and return the remainder to Legalist
CLM-005
Claim
UCC Lien Superior to Legalist Rights
Plaintiffs' UCC Lien is superior to the ownership rights of Legalist to the funds held by the Receivership
Page 3 — Plaintiffs possess a UCC Lien, which secures a debt owed to Plaintiffs in the approximate amount of $6,025,000, which is superior to the ownership rights of Legalist, to the funds held by the Receivership
CLM-006
Claim
Intervenors Have Justiciable Interest
Intervenors have a justiciable interest related to the litigation as they have an interest in property held by the Receivership which belongs to Defendant Cyberlux and is subject to execution or recovery of the Second Judgment
Page 3 — Intervenors have a justiciable interest related to the litigation, as they have an interest in property held by the Receivership which belongs to Defendant Cyberlux and is subject to execution or recovery of the Second Judgment
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
5 nodes
TEN-001
Tension
Competing Claims to Receivership Surplus
Tension between Legalist's asserted right to surplus funds (per receiver's proposal) and Intervenors' claimed superior interest based on Second Judgment and UCC lien
Page 1, 2 — The Receiver proposes to disburse these captured non-exempt funds of Defendant Cyberlux Corporation, and distribute them to his firm to pay the Receivership fee and expense, and return the remainder to Legalist. Plaintiffs and Intervenors take no position on the amount of fees and expenses to be awarded but based on the Receivers' motion expect there to be a surplus.
TEN-002
Tension
Risk of Fund Release Before Priority Determination
Tension between immediate fund distribution (as proposed by receiver) and preservation of funds pending determination of creditor priority
Page 3 — If the funds are released to Legalist, as proposed by the Receiver, then Intervenors will be harmed, as they have an interest to this property. As such, Intervenors request that the Court order that the surplus funds be deposited in the Court Registry, until the rightful owners of the funds can be determined
QST-001
Question
Amount of Expected Surplus
What is the actual amount of surplus funds expected to remain after payment of receivership fees and expenses?
Page 2 — Plaintiffs and Intervenors take no position on the amount of fees and expenses to be awarded but based on the Receivers' motion expect there to be a surplus
QST-002
Question
Basis of Legalist's Claim
What is the legal or contractual basis for Legalist's asserted right to receive surplus funds from the receivership?
Page 1, 2 — The Receiver proposes to disburse these captured non-exempt funds of Defendant Cyberlux Corporation, and distribute them to his firm to pay the Receivership fee and expense, and return the remainder to Legalist
QST-003
Question
UCC Lien Filing and Perfection Status
When was the UCC lien filed, and what is its priority position relative to other potential creditor interests?
Page 2 — Plaintiffs and Intervenors assert a claim to these funds, based on the Second Judgment and the UCC Lien. See UCC-1, attached hereto as Exhibit B
Stage 4
Interpretive — Inferences, Omissions, Patterns
7 nodes
INF-001
Inference
Dual Status Strategy
Intervenors assert claims through dual legal status: as original parties to the case (based on satisfied First Judgment) and as intervenors (based on unsatisfied Second Judgment), creating multiple procedural grounds for relief
Page 3 — Plaintiffs make this request as parties and Judgment Creditors to this lawsuit. In addition, since Plaintiffs claims or the First Judgment has been satisfied, Plaintiffs also assert this Plea in Intervention, based on its status as Judgment Creditor of the Second Judgment, in the separate domestication action
INF-002
Inference
Sequential Judgment Collection Pattern
The pattern suggests strategic creditor behavior: satisfying first judgment through collection proceedings, then immediately asserting second judgment to capture remaining assets through receivership surplus
Page 1, 2 — Subsequently, the First Judgment was satisfied via collection of payment to Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC... On May 28, 2026, Intervenors domesticated another Virginia judgment against Defendants/Judgment Debtors Cyberlux Corporation and Mark Schmidt
INF-003
Inference
Parallel Collection Proceedings
Intervenors are pursuing collection in multiple jurisdictions, with Virginia interpleader action referenced as potentially reducing Texas claim, suggesting coordinated multi-forum collection strategy
Page 3 — Plaintiffs note that efforts are being taken to collect in a Virginia Interpleader Action, and that any amounts recovered from this action would offset or reduce Plaintiffs claim to the surplus funds, and vice versa
OMI-001
Omission
Missing UCC Lien Details
Document references UCC lien and Exhibit B but provides no details about lien filing date, collateral description, or priority position relative to receiver appointment or Legalist's interest
Page 2 — Plaintiffs and Intervenors assert a claim to these funds, based on the Second Judgment and the UCC Lien. See UCC-1, attached hereto as Exhibit B
OMI-002
Omission
No Explanation of Legalist Relationship
Document does not explain Legalist's role in the case, the basis for its claimed right to surplus funds, or its relationship to the judgment debtors or receiver
Page 1, 2 — The Receiver proposes to disburse these captured non-exempt funds of Defendant Cyberlux Corporation, and distribute them to his firm to pay the Receivership fee and expense, and return the remainder to Legalist
OMI-003
Omission
First Judgment Amount Not Disclosed
Document does not disclose the amount of the satisfied First Judgment, making it impossible to assess total debt burden or collection pattern
Page 1 — Plaintiffs have a valid Virginia judgment against Defendants Cyberlux Corporation and Mark Schmidt (collectively, "Defendants") that was domesticated in Texas (the "First Judgment"). Subsequently, the First Judgment was satisfied via collection of payment
OMI-004
Omission
Receivership Purpose Not Explained
Document does not explain why the receivership was established, who petitioned for it, or what assets were subject to receiver control
Page 1 — On May- 22, 2025, the Court signed the Order Appointing Receiver, which appointed Robert W. Berleth as receiver ("Receivership")

Extracted text

7 pages · 11692 characters

127029412 — Formatted Extract

Type: document
Filing Header

CAUSE NO. 2024-48085

ATLANTIC WAVE HOLDINGS, LLC AND § SECURE COMMUNITY, LLC,

§

§

Plaintiffs/Judgment-Creditors §

V.

§ §

§ §

CYBERLUX CORPORATION and MARK SCHMIDT, Individually, §

§

IN THE DISTRICT COURT OF

129th JUDICIAL DISTRICT

Defendants/Judgment-Debtors. § HARRIS COUNTY, TEXAS

ATLANTIC WAVE HOLDINGS, LLC'S AND SECURE COMMUNITY, LLC'S PLEA IN INTERVENTION AND MOTION TO DEPOSIT FUNDS INTO COURT

REGISTRY

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Plaintiffs and Intervenors Atlantic Wave Holdings, LLC and Secure Community, LLC (collectively "Intervenors") herein, and file this Plea in Intervention and Motion To Deposit Funds Into Court Registry, and would show unto the Court the following:

FACTUAL BACKGROUND
1.
Plaintiffs have a valid Virginia judgment against Defendants Cyberlux Corporation and Mark Schmidt (collectively, "Defendants") that was domesticated in Texas (the "First Judgment").
2.
On May- 22, 2025, the Court signed the Order Appointing Receiver, which appointed Robert W. Berleth as receiver ("Receivership").
3.
Subsequently, the First Judgment was satisfied via collection of payment to Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC.
4.
The Receiver has obtained, and is holding funds, which are to be distributed in some fashion, to close the Receivership, and end this matter. The Receiver proposes to disburse these

captured non-exempt funds of Defendant Cyberlux Corporation, and distribute them to his firm to pay the Receivership fee and expense, and return the remainder to Legalist. Plaintiffs and Intervenors take no position on the amount of fees and expenses to be awarded but based on the Receivers' motion expect there to be a surplus.

5.
On May 28, 2026, Intervenors domesticated another Virginia judgment against Defendants/Judgment Debtors Cyberlux Corporation and Mark Schmidt, in Cause No. 2026- 35985, in the principal amount of $6 million, plus attorney's fees and interest ("Second Judgment").1 The domestication of the Second Judgment is also before this Court.
6.
the Receivership, as they are non-exempt funds of Cyberlux Corporation ("UCC Lien").2 As such, Plaintiffs and Intervenors assert a claim to these funds, based on the Second Judgment and the UCC Lien.
ARGUMENT AND AUTHORITIES
A. Intervenors can intervene in this action to protect its rights and interests.
7.
The Texas Rules of Civil Procedure provide that "[a]ny party may intervene by filing a pleading," Tex. R. Civ. P. 60. Third parties are generally allowed to intervene in post- judgment proceedings when their property interests are at stake. See M&E Endeavors LLC v. Air Voice Wireless LLC, No. 01-18-00852-CV, 2020 Tex. App. LEXIS 6906, 2020 WL 5047902, at *8 (Tex. App.Houston [1st Dist.] Aug. 27, 2020, no pet.) (mem. Op.). Intervention is a recognized option for any party seeking to protect its interest in property that is the subject of a turnover motion or order. See Mitchell v. Turbine Res. Unlimited, Inc., 523 S.W.3d 189, 200 (Tex.
1
See Petition to Enforce Foreign Judgment, with copy of Virgina Judgment, attached as Exhibit A.
2
See UCC-1, attached hereto as Exhibit B.

App .- Houston [14th Dist.] 2017, pet. denied).

8.
Here, Plaintiffs and Intervenors seek to have the funds captured by the Receiver which are not ordered to be disbursed to the Receiver, or the surplus, be deposited into the Court Registry. Plaintiffs make this request as parties and Judgment Creditors to this lawsuit. In addition, since Plaintiffs claims or the First Judgment has been satisfied, Plaintiffs also assert this Plea in Intervention, based on its status as Judgment Creditor of the Second Judgment, in the separate domestication action.
9.
Intervenors have a justiciable interest related to the litigation, as they have an interest in property held by the Receivership which belongs to Defendant Cyberlux and is subject to execution or recovery of the Second Judgment. If the funds are released to Legalist, as proposed by the Receiver, then Intervenors will be harmed, as they have an interest to this property. As such, Intervenors request that the Court order that the surplus funds be deposited in the Court Registry, until the rightful owners of the funds can be determined.

B. In addition, or alternatively, Plaintiffs request that the surplus funds in the Receivership be deposited in the Court Registry

10.
Plaintiffs possess a UCC Lien, which secures a debt owed to Plaintiffs in the approximate amount of $6,025,000, which is superior to the ownership rights of Legalist, to the funds held by the Receivership. Plaintiffs request that the Court order the Receiver to deposit the surplus into the Court Registry, until the rightful owner of the funds can be determined.3
PRAYER

Plaintiffs respectfully request the Court set this motion for a hearing; grant this motion; and order the Receiver to deposit any surplus funds into the Court Registry, and for such further

3
Plaintiffs note that efforts are being taken to collect in a Virginia Interpleader Action, and that any amounts recovered from this action would offset or reduce Plaintiffs claim to the surplus funds, and vice versa.

relief to which Plaintiffs are entitled.

Respectfully submitted,

LAW FIRM OF SHAWN M. GRADY, PLLC

By: /s/ Shawn M. Grady Shawn M. Grady State Bar No. 24076411 shawn@gradycollectionlaw.com 2100 West Loop South, Suite 805 Houston, Texas 77027 (832) 692-4542 - Telephone

ATTORNEY FOR PLAINTIFFS AND INTERVENORS

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record pursuant to the Texas Rules of Civil Procedure, on the 3rd day of June 2026.

/s/ Shawn M. Grady Shawn M. Grady

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Shawn Grady on behalf of Shawn Grady Bar No. 24076411 shawn@gradycollectionlaw.com Envelope ID: 115712456

Filing Code Description: Counter Claim/Cross Action/Interpleader/Intervention/Third Party Filing Description: PLEA IN INTERVENTION AND MOTION TO DEPOSIT FUNDS INTO COURT REGISTRY Status as of 6/4/2026 10:15 AM CST

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Shawn Grady on behalf of Shawn Grady Bar No. 24076411 shawn@gradycollectionlaw.com Envelope ID: 115712456

Filing Code Description: Counter Claim/Cross Action/Interpleader/Intervention/Third Party Filing Description: PLEA IN INTERVENTION AND MOTION TO DEPOSIT FUNDS INTO COURT REGISTRY Status as of 6/4/2026 10:15 AM CST

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Shawn Grady on behalf of Shawn Grady Bar No. 24076411 shawn@gradycollectionlaw.com Envelope ID: 115712456

Filing Code Description: Counter Claim/Cross Action/Interpleader/Intervention/Third Party Filing Description: PLEA IN INTERVENTION AND MOTION TO DEPOSIT FUNDS INTO COURT REGISTRY Status as of 6/4/2026 10:15 AM CST

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Plea in Intervention and Motion to Deposit Funds - Atlantic Wave Holdings, LLC and Secure Community, LLC
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source:7fa4a41db58a42ef992f100b1e6c67d354edc89d2d1b967a390b5e9e44048123
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