Evidence Record
Order Granting Defendants’ Motion to Stay and Motion to Vacate
Enforcement of Foreign Judgment filed by Defendants Cyberlux Corporation and Mark D. Schmidt (collectively, "Defendants"). The Court has considered the Motion, responses, replies, and arguments of counsel and finds that the Motion is GRANTED...
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
Court Order
Total Nodes
24
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
Court Order Judge Michael Romy, 129th Judicial District Court, Harris County, Texas Civil litigation - enforcement of foreign judgment, post-judgment proceedings 2024-10-29 to 2024-11-28
time_limited_staypartial_grantdiscovery_permitted
Analytical Frame
Judicial ruling on competing motions to vacate and stay execution
Analytical Summary
This is a court order from Harris County's 129th Judicial District granting in part and denying in part defendants' motions in a judgment enforcement action. Judge Michael Romy denied Cyberlux Corporation and Mark D. Schmidt's motion to vacate a foreign judgment but granted a limited 30-day stay of execution until November 28, 2024. The order explicitly permits plaintiffs Atlantic Wave Holdings and Secure Community to proceed with post-judgment discovery during the stay period. Both parties retain the right to seek extension of the stay, and the order was agreed to as to form and substance by counsel for both sides.
Key Points
- Motion to vacate foreign judgment denied
- Motion to stay execution granted for 30 days until November 28, 2024
- Post-judgment discovery explicitly not stayed and may proceed
- Either party may seek extension of stay by appropriate motion
- Order agreed to as to form and substance by both parties' counsel
Stage 2
Core — Entities, Events, Claims
15 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC - Plaintiff and judgment creditor in this enforcement action
Page 1 — ATLANTIC WAVE HOLDINGS, LLC
and SECURE COMMUNITY, LLC,
Plaintiff/Judgment-Creditor
ENT-002
Entity
Secure Community, LLC
Secure Community, LLC - Co-plaintiff and judgment creditor in this enforcement action
Page 1 — ATLANTIC WAVE HOLDINGS, LLC
and SECURE COMMUNITY, LLC,
Plaintiff/Judgment-Creditor
ENT-003
Entity
Cyberlux Corporation
Cyberlux Corporation - Defendant and judgment debtor in this enforcement action
Page 1 — CYBERLUX CORPORATION and
MARK D. SCHMIDT, Individually,
Defendant/Judgment Debtors.
ENT-004
Entity
Mark D. Schmidt
Mark D. Schmidt - Individual defendant and judgment debtor in this enforcement action
Page 1 — CYBERLUX CORPORATION and
MARK D. SCHMIDT, Individually,
Defendant/Judgment Debtors.
ENT-005
Entity
Judge Michael Romy
Judge Michael Romy - Presiding judge of the 129th Judicial District Court of Harris County, Texas, who issued this order
Page 1 — Signed:
Michael Romy
10/31/2024
ENT-006
Entity
Shawn M. Grady
Shawn M. Grady - Attorney representing plaintiffs Atlantic Wave Holdings and Secure Community
Page 2 — By: /s/ Shawn M. Grady
Shawn M. Grady
SBN 24076411
LAW FIRM OF SHAWN M. GRADY, PLLC
shawn@gradycollectionlaw.com
2100 West Loop South, Ste. 805
Houston, Texas 77027
Phone (832) 692-4542
Fax (832) 565-1796
ATTORNEY FOR PLAINTIFFS
ENT-007
Entity
Katharine Battaia Clark
Katharine Battaia Clark - Attorney at Thompson Coburn LLP representing defendant Cyberlux Corporation
Page 2 — By: /s/ Katharine Battaia Clark
Katharine Battaia Clark
State Bar No. 24046712
Alexander J. Pennetti
State Bar No. 24110208
THOMPSON COBURN LLP
2100 Ross Avenue, Suite 3200
Dallas, Texas 75201
Tel Phone: (972) 629-7100
Fax: (972) 629-7171
kclark@thompsoncoburn.com
apennetti@thompsoncoburn.com
COUNSEL FOR
CYBERLUX CORPORATION
ENT-008
Entity
Alexander J. Pennetti
Alexander J. Pennetti - Attorney at Thompson Coburn LLP representing defendant Cyberlux Corporation
Page 2 — By: /s/ Katharine Battaia Clark
Katharine Battaia Clark
State Bar No. 24046712
Alexander J. Pennetti
State Bar No. 24110208
THOMPSON COBURN LLP
2100 Ross Avenue, Suite 3200
Dallas, Texas 75201
Tel Phone: (972) 629-7100
Fax: (972) 629-7171
kclark@thompsoncoburn.com
apennetti@thompsoncoburn.com
COUNSEL FOR
CYBERLUX CORPORATION
EVT-001
Event
Filing of case
Case filed on October 29, 2024, at 11:29 AM by Shanelle Taylor in the District Court of Harris County, Texas, assigned Cause No. 2024-48085
Page 1 — 10/29/2024 11:29 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 93684126
By: Shanelle Taylor
Filed: 10/29/2024 11:29 AM
Pgs-2
CAUSE NO. 2024-48085
EVT-002
Event
Filing of defendants' motions
Defendants Cyberlux Corporation and Mark D. Schmidt filed a Motion to Stay and Motion to Vacate Enforcement of Foreign Judgment
Page 1 — Enforcement of Foreign Judgment filed by Defendants Cyberlux Corporation and Mark D.
Schmidt (collectively, "Defendants"). The Court has considered the Motion, responses, replies,
and arguments of counsel
EVT-003
Event
Judicial ruling on motions
Judge Michael Romy issued order on October 31, 2024, granting defendants' motion to stay in part and denying motion to vacate
Page 1 — NOW THEREFORE IT IS ORDERED:
ORDERED, Defendants' Motion to Vacate is DENIED.
ORDERED, Defendants' Motion to Stay is GRANTED for a period of thirty days, only
to stay execution on the judgment, until November 28, 2024.
Signed:
Michael Romy
10/31/2024
CLM-001
Claim
Motion to vacate denied
The court denied defendants' motion to vacate the enforcement of foreign judgment
Page 1 — ORDERED, Defendants' Motion to Vacate is DENIED.
CLM-002
Claim
Limited stay granted
The court granted defendants' motion to stay but only for thirty days and only to stay execution on the judgment until November 28, 2024
Page 1 — ORDERED, Defendants' Motion to Stay is GRANTED for a period of thirty days, only
to stay execution on the judgment, until November 28, 2024.
CLM-003
Claim
Post-judgment discovery permitted
Plaintiffs may proceed with post-judgment discovery during the stay period, as discovery is not stayed by the order
Page 1 — Plaintiffs may proceed with post-
judgment discovery in this matter, which is not stayed.
CLM-004
Claim
Extension of stay permitted
Either plaintiffs or defendants may seek to extend the stay by filing an appropriate motion
Page 1 — ORDERED, Plaintiffs or Defendants may seek to extend the stay of this matter by
appropriate motion.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
4 nodes
TEN-001
Tension
Partial grant creates competing interests
The court's split ruling denying the motion to vacate while granting a limited stay creates tension between plaintiffs' interest in immediate enforcement and defendants' need for time, balanced by allowing discovery to proceed
Page 1 — finds that the Motion is GRANTED IN PART AND DENIED IN
PART.
NOW THEREFORE IT IS ORDERED:
ORDERED, Defendants' Motion to Vacate is DENIED.
ORDERED, Defendants' Motion to Stay is GRANTED for a period of thirty days, only
to stay execution on the judgment, until November 28, 2024. Plaintiffs may proceed with post-
judgment discovery in this matter, which is not stayed.
QST-001
Question
What was the underlying foreign judgment?
The order references enforcement of a foreign judgment but does not specify what court entered the judgment, when it was entered, or the amount or nature of the judgment being enforced
Page 1 — Enforcement of Foreign Judgment filed by Defendants Cyberlux Corporation and Mark D.
Schmidt (collectively, "Defendants").
QST-002
Question
What grounds were asserted for vacating?
The order does not specify what legal grounds defendants asserted in their motion to vacate the foreign judgment enforcement
Page 1 — Enforcement of Foreign Judgment filed by Defendants Cyberlux Corporation and Mark D.
Schmidt (collectively, "Defendants"). The Court has considered the Motion, responses, replies,
and arguments of counsel and finds that the Motion is GRANTED IN PART AND DENIED IN
PART.
NOW THEREFORE IT IS ORDERED:
ORDERED, Defendants' Motion to Vacate is DENIED.
QST-003
Question
What grounds supported the stay?
The order does not specify what reasoning or circumstances led the court to grant the 30-day stay of execution, though it denied the motion to vacate entirely
Page 1 — The Court has considered the Motion, responses, replies,
and arguments of counsel and finds that the Motion is GRANTED IN PART AND DENIED IN
PART.
NOW THEREFORE IT IS ORDERED:
ORDERED, Defendants' Motion to Vacate is DENIED.
ORDERED, Defendants' Motion to Stay is GRANTED for a period of thirty days, only
to stay execution on the judgment, until November 28, 2024.
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Foreign judgment previously entered
The reference to 'enforcement of foreign judgment' indicates that a judgment was previously entered in another jurisdiction and plaintiffs are now seeking to enforce it in Harris County, Texas
Page 1 — Enforcement of Foreign Judgment filed by Defendants Cyberlux Corporation and Mark D.
Schmidt (collectively, "Defendants").
INF-002
Inference
Court balanced competing interests
The court's decision to grant a limited stay while denying vacation and permitting discovery suggests the court found defendants' request for complete vacation unwarranted but recognized some merit in seeking temporary relief from execution
Page 1 — The Court has considered the Motion, responses, replies,
and arguments of counsel and finds that the Motion is GRANTED IN PART AND DENIED IN
PART.
NOW THEREFORE IT IS ORDERED:
ORDERED, Defendants' Motion to Vacate is DENIED.
ORDERED, Defendants' Motion to Stay is GRANTED for a period of thirty days, only
to stay execution on the judgment, until November 28, 2024. Plaintiffs may proceed with post-
judgment discovery in this matter, which is not stayed.
INF-003
Inference
Agreed order indicates negotiation
The signature block stating 'AGREED AS TO FORM AND SUBSTANCE' by both parties' counsel suggests this order may have resulted from negotiation or that both sides found the split ruling acceptable
Page 2 — AGREED AS TO FORM AND SUBSTANCE:
By: /s/ Shawn M. Grady
Shawn M. Grady
SBN 24076411
LAW FIRM OF SHAWN M. GRADY, PLLC
shawn@gradycollectionlaw.com
2100 West Loop South, Ste. 805
Houston, Texas 77027
Phone (832) 692-4542
Fax (832) 565-1796
ATTORNEY FOR PLAINTIFFS
By: /s/ Katharine Battaia Clark
Katharine Battaia Clark
State Bar No. 24046712
OMI-001
Omission
No reasoning provided for rulings
The order provides no explanation for why the motion to vacate was denied or why the limited 30-day stay was granted, stating only that the court considered motions, responses, replies, and arguments
Page 1 — The Court has considered the Motion, responses, replies,
and arguments of counsel and finds that the Motion is GRANTED IN PART AND DENIED IN
PART.
OMI-002
Omission
No judgment amount disclosed
The order does not disclose the amount of the judgment being enforced or any details about the underlying claim that led to the foreign judgment
Page 1 — ATLANTIC WAVE HOLDINGS, LLC
and SECURE COMMUNITY, LLC,
Plaintiff/Judgment-Creditor
v.
CYBERLUX CORPORATION and
MARK D. SCHMIDT, Individually,
Defendant/Judgment Debtors.
Extracted text
2 pages · 1876 charactersFiling Header
By: Shanelle Taylor Filed: 10/29/2024 11:29 AM
Pgs-2
CAUSE NO. 2024-48085
STPRX SPJUY
ATLANTIC WAVE HOLDINGS, LLC
§ IN THE DISTRICT COURT OF
and SECURE COMMUNITY, LLC,
§
Plaintiff/Judgment-Creditor
§
§
§
v.
§ HARRIS COUNTY, TEXAS
§
CYBERLUX CORPORATION and
§
MARK D. SCHMIDT, Individually,
§
§
Defendant/Judgment Debtors.
§ 129TH JUDICIAL DISTRICT
ORDER GRANTING DEFENDANTS' MOTION TO STAY AND MOTION TO VACATE
Enforcement of Foreign Judgment filed by Defendants Cyberlux Corporation and Mark D. Schmidt (collectively, "Defendants"). The Court has considered the Motion, responses, replies, and arguments of counsel and finds that the Motion is GRANTED IN PART AND DENIED IN PART.
NOW THEREFORE IT IS ORDERED:
ORDERED, Defendants' Motion to Vacate is DENIED.
ORDERED, Defendants' Motion to Stay is GRANTED for a period of thirty days, only to stay execution on the judgment, until November 28, 2024. Plaintiffs may proceed with post- judgment discovery in this matter, which is not stayed.
ORDERED, Plaintiffs or Defendants may seek to extend the stay of this matter by appropriate motion.
SO ORDERED.
Signed:
Michael Romy
10/31/2024
AGREED AS TO FORM AND SUBSTANCE:
By: /s/ Shawn M. Grady Shawn M. Grady SBN 24076411 LAW FIRM OF SHAWN M. GRADY, PLLC shawn@gradycollectionlaw.com 2100 West Loop South, Ste. 805 Houston, Texas 77027 Phone (832) 692-4542 Fax (832) 565-1796
ATTORNEY FOR PLAINTIFFS
By: /s/ Katharine Battaia Clark Katharine Battaia Clark State Bar No. 24046712 Alexander J. Pennetti State Bar No. 24110208 THOMPSON COBURN LLP 2100 Ross Avenue, Suite 3200 Dallas, Texas 75201 Tel Phone: (972) 629-7100 Fax: (972) 629-7171 kclark@thompsoncoburn.com apennetti@thompsoncoburn.com
COUNSEL FOR CYBERLUX CORPORATION
Unofficial Copy Office of Marilyn Burgess District Clerk
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