Evidence Record

Defendants’ Response to Plaintiffs’ Motion for Reconsideration

1. My name is Jimmy F. Robinson. I am over the age of twenty-one (21) years, of sound mind, and otherwise competent to make this declaration. The facts and statements contained in this declaration...

Type: court filing
Pages: 27
Lines: 892
SHA-256: 7d1f58e7b065

DISTIL analysis

DISTIL Run

Profile

Standard

Version

Doc Type

Legal Response Brief

Total Nodes

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

Legal Response Brief Defendants' Counsel (Thompson Coburn LLP) Post-Judgment Collection Proceedings / Motion Practice 2024-09-12 to 2024-11-07

contested_factsparallel_litigationmulti-jurisdictioncredibility_dispute

Analytical Frame

Defense Response to Motion for Reconsideration of Stay Order

Analytical Summary

This document is Defendants' Response to Plaintiffs' Motion for Reconsideration in a Texas judgment enforcement action (Cause No. 2024-48085). The core dispute concerns whether a 30-day stay of collection efforts, granted by the Texas court on October 28, 2024, should be lifted. Defendants Cyberlux Corporation and Mark D. Schmidt argue that Plaintiffs Atlantic Wave Holdings and Secure Community have made false representations to the court regarding: (1) whether Defendants' counsel misrepresented the existence of a Virginia stay, (2) whether Defendants are challenging the Virginia Stipulated Judgment, and (3) whether Defendants engaged in dilatory tactics in Virginia proceedings. The response includes a detailed declaration from Virginia counsel Jimmy F. Robinson documenting four active Virginia cases and extensive email correspondence showing attempts to schedule hearings from September through November 2024, demonstrating that scheduling difficulties resulted from court availability and legitimate conflicts, not delay tactics.

Key Points

Texas court granted 30-day stay of collection efforts on October 28, 2024
Defendants deny making misrepresentations about Virginia stay status
Cyberlux is actively challenging the Stipulated Judgment in three separate Virginia proceedings
Parties have been attempting to schedule Virginia hearings since September 12, 2024, with difficulty due to court availability
Defendants offer email evidence contradicting plaintiffs' characterization of delay tactics
Virginia litigation involves interpretation of Settlement Agreement and proper use of Stipulated Judgment

Stage 2

Core — Entities, Events, Claims

26 nodes

ENT-001

Entity

Cyberlux Corporation

Cyberlux Corporation, defendant/judgment debtor in Texas enforcement action and plaintiff/defendant in multiple Virginia proceedings challenging the Stipulated Judgment

Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendant/Judgment Debtors.

ENT-002

Entity

Mark D. Schmidt

Mark D. Schmidt, individual defendant/judgment debtor alongside Cyberlux Corporation

Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendant/Judgment Debtors.

ENT-003

Entity

Atlantic Wave Holdings, LLC

Atlantic Wave Holdings, LLC, plaintiff/judgment-creditor seeking to enforce Virginia judgment in Texas

Page 1 — ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor

ENT-004

Entity

Secure Community, LLC

Secure Community, LLC, co-plaintiff/judgment-creditor alongside Atlantic Wave Holdings

Page 1 — ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor

ENT-005

Entity

Jimmy F. Robinson

Jimmy F. Robinson, Office Managing Shareholder of Ogletree Deakins Richmond office, lead counsel for Cyberlux in Virginia litigation

Page 7 — I am the Office Managing Shareholder of the Richmond, Virginia office of Ogletree, Deakins, Nash, Smoak & Stewart, PC. I am lead counsel for Cyberlux Corporation and Mark D. Schmidt (collectively, "Cyberlux") in four active cases pending in the Circuit Court of the City of Richmond, Virginia

ENT-006

Entity

Federico Zablah

Federico Zablah, attorney with Chap Petersen & Associates representing Atlantic Wave and Secure Community in Virginia litigation

Page 1 — Plaintiffs' Motion for Reconsideration and made through the Declaration of Federico Zablah.

ENT-007

Entity

Katharine Battaia Clark

Katharine Battaia Clark, attorney with Thompson Coburn LLP, counsel for Cyberlux Corporation in Texas proceedings

Page 5 — Katharine Battaia Clark State Bar No. 24046712 Alexander J. Pennetti State Bar No. 24110208 THOMPSON COBURN LLP

ENT-008

Entity

Virginia Stipulated Judgment

Stipulated Judgment entered in Virginia as part of Settlement Agreement between the parties, now subject to enforcement dispute

Page 3 — The Stipulated Judgment was not a judgment on the merits. It did not find, nor recite, any findings of legal liability. The Stipulated Judgment was attached as an exhibit to the parties' Settlement Agreement. In other words, all parties to the Settlement Agreement knew that the Stipulated Judgment was intended as a vehicle for use if-and only if-Cyberlux breached the Settlement Agreement.

ENT-009

Entity

Settlement Agreement

Settlement Agreement executed on or about June 15, 2023, between Cyberlux and Atlantic Wave/Secure Community, which was later modified by agreement of the parties

Page 8 — The Settlement Agreement was executed on or about June 15, 2023. As part of that Settlement Agreement, the parties agreed to the entry of a Stipulated Judgment, in part to ensure finafity surrounding claims involving third-party Strikepoint Consulting LLC. The payments set forth in the Settlement Agreement and referenced by the Stipulated Judgment were later modified by agreement of the parties.

EVT-001

Event

Texas Court Grants 30-Day Stay

On October 28, 2024, the Texas court granted a thirty-day stay of any collection efforts concerning the Virginia judgment by the Plaintiffs

Page 1 — On October 28, 2024, this Court properly granted a thirty-day stay of any collection efforts concerning the Virginia judgment by the Plaintiffs.

EVT-002

Event

Plaintiffs File Motion for Reconsideration

On November 1, 2024, Plaintiffs filed their Motion for Reconsideration seeking to lift the stay

Page 1 — On November 1, 2024, Plaintiffs filed their Motion for Reconsideration.

EVT-003

Event

October 28, 2024 Hearing

Hearing held on October 28, 2024, where parties and court discussed whether a formal stay had been issued in Virginia

Page 1, 2 — At the October 28, 2024 hearing, the parties and the Court discussed this issue, at which time counsel for Plaintiffs informed the Court that no formal stay had in fact been issued in Virginia. In other words, the Court was correctly informed that no stay had been entered in Virginia at the time it decided to stay this action for a period of thirty days.

EVT-004

Event

Cyberlux Files Virginia Injunction Action

On July 8, 2024, Cyberlux filed an injunction action (CL24002919-00) against Atlantic Wave and Secure Community seeking to prohibit enforcement of the Stipulated Judgment or reform it

Page 8 — CL24002919-00: On July8, 2024, Cyberlux filed this injunction against Atlantic Wave and Secure Community. Atlantic Wave and Secure Community filed their answer on August 1, 2024. In Cause No. CL24002919-00, Cyberlux seeks injunctive relief to prohibit Atlantic Wave and Secure Community from further misrepresenting the terms of the Stipulated Judgment and the Settlement Agreement and to prohibit enforcement of the Stipulated Judgment.

EVT-005

Event

Cyberlux Files Declaratory Judgment Action

On July 8, 2024, Cyberlux filed a declaratory judgment action (CL24002960-00) for breach of Settlement Agreement by Atlantic Wave and Secure Community

Page 8 — CL24002960-00: On July 8, 2024, Cyberlux filed this action for declaratory judgment før breach of the Settlement Agreement by Atlantic Wave and Secure Community. Atlantic Wave and Secure Community filed a demurrer. In this action, Cyberlux is requesting that the Virginia court, among other things, declare the rights and obligations of the parties with respect to the use of the Stipulated Judgment pursuant to the terms of the Settlement Agreement, as modified.

EVT-006

Event

September 12 Scheduling Efforts Begin

Since September 12, 2024, the parties have been attempting to schedule a hearing in the Virginia injunction action

Page 9 — Since September 12, 2024, the parties have been attempting to schedule a hearing in the injunction action on various matters.

EVT-007

Event

March 27, 2025 Hearing Date Agreed

On October 30, 2024, the parties agreed to set a hearing on Atlantic Wave's motion for summary judgment on March 27, 2025, which the Court accepted

Page 3 — So, on October 30, 2024, they agreed to set a hearing on Atlantic Wave's motion for summary judgment on March 27, 2025. The Court accepted this agreed setting.

EVT-008

Event

Atlantic Wave Cancels Agreed Date

Counsel for Atlantic Wave canceled the agreed March 27, 2025 setting, claiming conflict

Page 3, 10 — Counsel for Atlantic Wave has since canceled the agreed setting. However, counsel for Atlantic Wave later indicated he had a conflict and could no longer agree to the March 27, 2025 hearing date.

EVT-009

Event

Settlement Agreement Executed

Settlement Agreement was executed on or about June 15, 2023, between the parties

Page 8 — The Settlement Agreement was executed on or about June 15, 2023.

EVT-010

Event

Cyberlux Files Demurrer in CL24003910-00

On November 4, 2024, Cyberlux filed a demurrer in the breach of contract action (CL24003910-00) recently filed by Plaintiffs

Page 9 — CL24003910-00: This action was filed by Plaintiffs against Cyberlux regarding Cyberlux's alleged breaches of the Settlement Agreement. On November 4, 2024, Cyberlux filed a demurrer.

CLM-001

Claim

Plaintiffs' Misrepresentation Allegation

Plaintiffs claim that Defendants' counsel represented to the Court that the Virginia court had issued a stay, which Defendants characterize as 'flat wrong'

Page 1 — Plaintiffs insist that the Court should lift the stay because Defendants' counsel represented that the Virginia court had issued a stay. This is flat wrong.

CLM-002

Claim

No Challenge to Virginia Judgment Claim

Plaintiffs claim that Defendants have not challenged the Virginia judgment, which Defendants dispute as incorrect

Page 2 — Plaintiffs' motion and the supporting Declaration by Zablah falsely claim that Defendants have not challenged the Virginia judgment. Cyberlux is challenging the validity of the Stipulated Judgment and Cyberlux seeks to reform or modify the Stipulated Judgment pursuant to the Settlement Agreement, as modified.

CLM-003

Claim

Asset Evasion Allegation

Plaintiffs state that 'Defendant has evasively moved assets to avoid payment of the Judgment' but present no evidence of this

Page 1 — In a single sentence in the background of their motion, Plaintiffs state that "Defendant has evasively moved assets to avoid payment of the Judgment." Plaintiffs present no evidence of this, and they presented no evidence of this when they made the same argument at the October 28, 2024 hearing.

CLM-004

Claim

Dilatory Tactics Allegation

Plaintiffs allege that Cyberlux engaged in dilatory tactics and that their 'first date of availability' for hearings was not until April 2025, which Defendants characterize as 'patently false'

Page 3 — However, Plaintiffs' representation to the Court that Defendants' "first date of availability" for hearings in Cyberlux's Virginia injunction action was not until April 2025 is patently false.

CLM-005

Claim

Stipulated Judgment Purpose

Defendants claim that the Stipulated Judgment was intended as a vehicle for use if and only if Cyberlux breached the Settlement Agreement

Page 3 — The Stipulated Judgment was attached as an exhibit to the parties' Settlement Agreement. In other words, all parties to the Settlement Agreement knew that the Stipulated Judgment was intended as a vehicle for use if-and only if-Cyberlux breached the Settlement Agreement.

CLM-006

Claim

Settlement Agreement Modification

Defendants claim that the Settlement Agreement was modified by agreement of the parties after its initial execution

Page 8 — The payments set forth in the Settlement Agreement and referenced by the Stipulated Judgment were later modified by agreement of the parties.

CLM-007

Claim

No Payments Received Claim

Plaintiffs' counsel states that no payment on the settlement agreement has been received in almost a year to Atlantic Wave, besides garnishments which were almost all consumed by interest and attorney's fees

Page 13 — Additionally, as it concerns the injunction you have requested and summary judgment, I have clear indications that no payment on the settlement agreement has been received in almost a year to Atlantic Wave, besides the garnishments, which were almost all consumed by interest and attorney's fees.

Stage 3

In Situ — Quotations, Tells, Tensions, Questions

15 nodes

QUO-001

Quotation

Defendants' counsel uncertainty at hearing

At the October 28 hearing, Defendants' counsel indicated belief but uncertainty about Virginia stay status

Page 2 — Defendants' counsel indicated to the Court that he believed-but was unsure-that a stay had been entered. Plaintiffs informed the Court that no formal stay was in effect. Defendants' counsel reiterated Defendants' contention that a stay in Virginia is not required for a stay of this action. All that is required is that Cyberlux is challenging the judgment in Virginia, which it is.

QUO-002

Quotation

Zablah October 30 email confirmation

Email from Zablah on October 30, 2024 confirming agreed hearing date for March 27, 2025

Page 3 — 10/30/2024 3:19 p.m. e-mail correspondence from Zablah, counsel for Atlantic Wave, to S. Ceruti, Circuit Court Judges Office: "Ms. Ceruti, Thank you for you [sic] assistance with this mater [sic]. I can confirm that we have agreed to March 27, 2025 at 10am . .. "

QUO-003

Quotation

Zablah October 31 urgency statement

Zablah's October 31 email emphasizing time-sensitivity and questioning delay until April

Page 13 — I cannot agree to set this matter for April or anytime later next year as this is a time sensitive matter as any relief for temporary injunctive relief is. It strains reason why one would file a complaint for preliminary injunction and want to wait almost 1 year before the first hearing takes place, unless the sole purpose of that filing was for delay.

TLL-001

Tell

Four active Virginia cases indicator

The document reveals that four separate Virginia cases are pending simultaneously between these parties, indicating complex parallel litigation

Page 7 — I am lead counsel for Cyberlux Corporation and Mark D. Schmidt (collectively, "Cyberlux") in four active cases pending in the Circuit Court of the City of Richmond, Virginia (the "Virginia litigation").

TLL-002

Tell

Strikepoint third party reference

The Settlement Agreement involved finality concerns regarding claims with third-party Strikepoint Consulting LLC

Page 8 — As part of that Settlement Agreement, the parties agreed to the entry of a Stipulated Judgment, in part to ensure finafity surrounding claims involving third-party Strikepoint Consulting LLC.

TLL-003

Tell

Robinson scheduling conflicts detail

Robinson provided specific scheduling conflicts: scheduled for trial November 18-19, 2024, and previously scheduled travel out of country December 27, 2024

Page 10 — I am scheduled to be in a labor arbitration on November 18 -19, 2024. Although the Court also offered December 27, 2024, I am not available because of previously scheduled travel out of the country on that date.

TLL-004

Tell

Six weeks of scheduling attempts

The parties spent more than six weeks attempting to schedule even a first hearing in the injunction action

Page 10 — In other words, despite more than six weeks of communications with the Court, the parties still have not been able to schedule a first hearing date in the injunction action.

TEN-001

Tension

Contradictory characterizations of hearing scheduling

The parties present opposing narratives about scheduling: Plaintiffs claim dilatory tactics while Defendants provide email evidence of court availability constraints and legitimate conflicts

Page 3, 9 — However, Plaintiffs' representation to the Court that Defendants' "first date of availability" for hearings in Cyberlux's Virginia injunction action was not until April 2025 is patently false. Since September 12, 2024, the parties have been attempting to schedule a hearing in the Virginia injunction action.

TEN-002

Tension

Dispute over whether judgment is being challenged

Fundamental disagreement exists about whether Defendants are challenging the Virginia judgment, with Defendants asserting three active challenges while Plaintiffs claim no challenge is occurring

TEN-003

Tension

Agreed date subsequently rejected

Atlantic Wave's counsel confirmed agreement to March 27, 2025 hearing date on October 30, then later indicated conflict and could not agree to that date

Page 3, 10 — So, on October 30, 2024, they agreed to set a hearing on Atlantic Wave's motion for summary judgment on March 27, 2025. The Court accepted this agreed setting. However, counsel for Atlantic Wave later indicated he had a conflict and could no longer agree to the March 27, 2025 hearing date.

TEN-004

Tension

Urgency claims versus scheduling realities

Plaintiffs emphasize the time-sensitive nature of preliminary injunction relief while the court scheduling reality shows no mutual availability until 2025

Page 9, 13 — I cannot agree to set this matter for April or anytime later next year as this is a time sensitive matter as any relief for temporary injunctive relief is. The parties were unable to find a mutually agreeable date for a hearing in 2024.

QST-001

Question

Nature of Settlement Agreement modifications

What specific modifications were made to the Settlement Agreement after its June 15, 2023 execution, and were these modifications documented in writing?

Page 8 — The payments set forth in the Settlement Agreement and referenced by the Stipulated Judgment were later modified by agreement of the parties.

QST-002

Question

Status of CL22003882-00 original action

What is the current procedural status of the original action CL22003882-00 from which the Settlement Agreement arose, and what specific relief is being sought there?

Page 8 — CL22003882-00: This is the original action from which a Settlement Agreement between Cyberlux on the one hand, and Atlantic Wave and Secure Community on the other, arose. Cyberlux is opposing Plaintiffs' illegal attempts to enforce the Stipulated Judgment.

QST-003

Question

Basis for attorney's October 28 belief about Virginia stay

What was the basis for defense counsel's belief that a stay had been entered in Virginia at the October 28 hearing, and did any Virginia court order create that impression?

Page 2 — Defendants' counsel indicated to the Court that he believed-but was unsure-that a stay had been entered. Plaintiffs informed the Court that no formal stay was in effect.

QST-004

Question

Discovery and deposition status

What is the status of discovery responses and depositions in the Virginia injunction action, given Zablah's references to failure to respond to discovery and missed depositions?

Page 13 — As a preliminary matter, you filed this injunction matter in July, have failed to set the injunction for hearing, failed to respond to discovery, failed to show for the deposition of your plaintiff client (or set it for a replacement date), refused to set the motion to compel for hearing or taken any steps to comply with the rules of the Court.

Stage 4

Interpretive — Inferences, Omissions, Patterns

6 nodes

INF-001

Inference

Email chain as credibility evidence strategy

The inclusion of extensive email correspondence as Exhibit A appears intended to establish a detailed factual record contradicting Plaintiffs' characterization of delay tactics, creating a documentary trail for credibility assessment

Page 9, 13 — See Exhibit A to this Declaration. The parties were unable to find a mutually agreeable date for a hearing in 2024. However, on October 30, 2024, the parties agreed to set a hearing on Atlantic Wave's motion for summary judgment on March 27, 2025.

INF-002

Inference

Multi-jurisdiction enforcement strategy pattern

The parallel Texas and Virginia proceedings suggest Plaintiffs are pursuing multi-jurisdiction enforcement while Defendants are attempting to concentrate disputes in Virginia where the original agreement and judgment were formed

Page 2, 13 — I am aware that you are using this matter to delay collection on the judgment in this and other jurisdictions. Cyberlux is challenging the Virginia judgment in three separate legal proceedings pending in Virginia.

INF-003

Inference

Stipulated judgment as conditional enforcement mechanism

The characterization of the Stipulated Judgment as a conditional enforcement vehicle suggests it was structured as a liquidated damages mechanism rather than a determination of liability on the merits

Page 3 — The Stipulated Judgment was not a judgment on the merits. It did not find, nor recite, any findings of legal liability. In other words, all parties to the Settlement Agreement knew that the Stipulated Judgment was intended as a vehicle for use if-and only if-Cyberlux breached the Settlement Agreement.

OMI-001

Omission

No substantive response to asset evasion claim

While Defendants note that Plaintiffs presented no evidence of asset evasion, the response does not affirmatively address or deny the underlying allegation

OMI-002

Omission

No explanation of payment status

The document does not address Zablah's assertion that no payments have been received in almost a year except garnishments consumed by interest and fees

Page 13 — I have clear indications that no payment on the settlement agreement has been received in almost a year to Atlantic Wave, besides the garnishments, which were almost all consumed by interest and attorney's fees.

OMI-003

Omission

Discovery compliance issues unaddressed

The response does not address Zablah's claims regarding failure to respond to discovery, missed depositions, or motion to compel proceedings

Extracted text

27 pages · 47751 characters

Filing Header

CAUSE NO. 2024-48085

ATLANTIC WAVE HOLDINGS, LLC

§ IN THE DISTRICT COURT OF

and SECURE COMMUNITY, LLC,

Plaintiff/Judgment-Creditor

§ HARRIS COUNTY, TEXAS

CYBERLUX CORPORATION and

MARK D. SCHMIDT, Individually,

Defendant/Judgment Debtors.

§ 129TH JUDICIAL DISTRICT

DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR RECONSIDERATION

Plaintiffs' Motion for Reconsideration and made through the Declaration of Federico Zablah.

INTRODUCTION

On October 28, 2024, this Court properly granted a thirty-day stay of any collection efforts concerning the Virginia judgment by the Plaintiffs. On November 1, 2024, Plaintiffs filed their Motion for Reconsideration. Plaintiffs' motion is based, in part, on unfounded claims that Cyberlux and its counsel made various misrepresentations to the Court and engaged in dilatory tactics. The motion also rests on Plaintiffs' incorrect claim that Cyberlux is not challenging the Virginia judgment.1 Plaintiffs are wrong, and therefore this Court should deny Plaintiffs' Motion for Reconsideration

ARGUMENT

Plaintiffs insist that the Court should lift the stay because Defendants' counsel represented that the Virginia court had issued a stay. This is flat wrong. At the October 28, 2024 hearing, the

In a single sentence in the background of their motion, Plaintiffs state that "Defendant has evasively moved assets to avoid payment of the Judgment." Plaintiffs present no evidence of this, and they presented no evidence of this when they made the same argument at the October 28, 2024 hearing.

parties and the Court discussed this issue, at which time counsel for Plaintiffs informed the Court that no formal stay had in fact been issued in Virginia.2 In other words, the Court was correctly informed that no stay had been entered in Virginia at the time it decided to stay this action for a period of thirty days.

Further, Plaintiffs' motion and the supporting Declaration by Zablah falsely claim that Defendants have not challenged the Virginia judgment. Cyberlux is challenging the validity of the Stipulated Judgment and Cyberlux seeks to reform or modify the Stipulated Judgment pursuant to the Settlement Agreement, as modified. See Declaration of J. Robinson, at 1 8. Cyberlux is challenging the Virginia judgment in three separate legal proceedings pending in Virginia.3 Id.

In Cause No. CL22003882-00, the original action from which the Settlement Agreement between the parties arose, Cyberlux is opposingPlaintiffs' illegal attempts to enforce the Stipulated Judgment. See Declaration of J. Robinson, at 1 8(a).

In Cause No. CL24002919-00, an action for injunctive relief brought by Cyberlux, Cyberlux seeks injunctive relief to (1) enjoin Atlantic Wave and Secure Community from their illegal attempts to use the Stipulated Judgment under false pretenses, or (2) to reform the Stipulated Judgment. See Declaration of J. Robinson, at 1 8(b).

In Cause No. CL24002960-00, Cyberlux's declaratory judgment action for Atlantic Wave and Secure Community's breach of the Settlement Agreement, Cyberlux is asking the Court to, among other things, declare the rights and obligations of the parties with respect to the Stipulated Judgment considering the parties' modification of the Settlement Agreement. See Declaration of J. Robinson, at 1 8(c).

Defendants' counsel indicated to the Court that he believed-but was unsure-that a stay had been entered. Plaintiffs informed the Court that no formal stay was in effect. Defendants' counsel reiterated Defendants' contention that a stay in Virginia is not required for a stay of this action. All that is required is that Cyberlux is challenging the judgment in Virginia, which it is.

There is a fourth proceeding, CL24003910-00, which is a breach of contract action recently filed by the Plaintiffs in this action against Defendants. On November 4, 2024, Cyberlux filed a demurrer in that action. See Declaration of J. Robinson, at 8(d).

The Stipulated Judgment was not a judgment on the merits. It did not find, nor recite, any findings of legal liability. See Exhibit 7 to Defendants' Motion to Vacate and Motion to Stay. The Stipulated Judgment was attached as an exhibit to the parties' Settlement Agreement. Id. In other words, all parties to the Settlement Agreement knew that the Stipulated Judgment was intended as a vehicle for use if-and only if-Cyberlux breached the Settlement Agreement. See id.

The representations set forth in Plaintiffs' Motion for Reconsideration are incorrect. Cyberlux is challenging use of the Stipulated Judgment and, alternatively, seeking reformation of the Stipulated Judgment. See Declaration of J. Robinson, at 11 8, 9, 17.

The remainder of Plaintiffs' motion rests on Cyberlux's supposed stonewalling and alleged failure to prosecute claims in Virginia. However, Plaintiffs' representation to the Court that Defendants' "first date of availability" for hearings in Cyberlux's Virginia injunction action was not until April 2025 is patently false.

Since September 12, 2024, the parties have been attempting to schedule a hearing in the Virginia injunction action. See Declaration of J. Robinson, at | 12, Exhibit A. For more than six weeks, the parties worked with the Court to try to schedule a 30-minute hearing on Atlantic Wave's motion to compel. Id. Then, by agreement, the parties decided to instead schedule a 1-hour hearing to address Atlantic Wave's motion for summary judgment. Id. The parties and the Court could not find any mutually available date for a hearing in 2024. So, on October 30, 2024, they agreed to set a hearing on Atlantic Wave's motion for summary judgment on March 27, 2025. Id.4 The Court accepted this agreed setting. Id.

Counsel for Atlantic Wave has since canceled the agreed setting. See Declaration of J. Robinson, at | 13. Cyberlux immediately obtained-and offered-April 21, 2025, which was the Court's

10/30/2024 3:19 p.m. e-mail correspondence from Zablah, counsel for Atlantic Wave, to S. Ceruti, Circuit Court Judges Office: "Ms. Ceruti, Thank you for you [sic] assistance with this mater [sic]. I can confirm that we have agreed to March 27, 2025 at 10am . .. "

next available date for hearing. See Declaration of J. Robinson, at | 13. Only at that point did Atlantic Wave and Secure Community begin demanding that Cyberlux agree to hearing dates on which Atlantic Wave's counsel knew counsel for Cyberlux was unavailable. See Declaration of J. Robinson, at | 14. Counsel for Cyberlux is scheduled for trial on November 19, 2024, and is out of the country on December 27, 2024. See Declaration of J. Robinson, at | 14.

Simply put, there is no reason for this Court to reconsider the stay that it put in place. Plaintiffs' claims regarding Cyberlux's supposed dilatory tactics in Virginia are baseless. The parties are simultaneously litigating four contentious actions in Virginia, and Cyberlux is acting cooperatively to try and move all four actions along. Unfortunately, the respective courts' busy dockets have presented challenges that Plaintiffs have made more difficult by their shifting availability. See Declaration of J. Robinson, at | 15.

Cyberlux has challenged and continues to challenge the validity of the Stipulated Judgment, and Cyberlux seeks reformation of the Stipulated Judgment to the extent the Virginia court is unwilling to prohibit its enforcement. As described herein, Cyberlux is working with the parties to prosecute its affirmative actions and defend against Atlantic Wave's and Secure Community's meritless attempts following Plaintiffs' breach of the Settlement Agreement.

CONCLUSION

For the reasons set forth above, Defendants ask this Court to deny Plaintiffs' Motion for Reconsideration, leave the existing stay in place, and grant Defendants all such other and further relief to which they may be entitled.

Jnofclay Copy Office of Marilyn Burtees Bistrica Clerk

Dated: November 7, 2024

Respectfully submitted,

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

CERTIFICATE OF SERVICE

I certify that on November 7, 2024. I had this document served on all counsel of record via electronic service.

/s/ Katharine Battaia Clark Katharine Battaia Clark

Unofficial Copy Office &i Marilyn Burgessdistrict Clerk

Unofficial Copy Office o Marilyn Burgess District Clerk

EXHIBIT 1

ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC, § § Plaintiff/Judgment-Creditor

V. CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually,

Defendant/Judgment Debtors.

§ IN THE DISTRICT COURT OF

§ § § HARRIS COUNTY, TEXAS

§ § §

§ § 129TH JUDICIAL DISTRICT

DECLARATION OF JIMMY F. ROBINSON

My name is Jimmy F. Robinson. I am over the age of twenty-one (21) years, of sound mind, and otherwise competent to make this declaration. The facts and statements contained in this declaration are within my personal knowledge and are true and correct.

I submit this Declaration in support of Defendants' Response to Plaintiffs' Motion for Reconsideration ("Motion").

I am the Office Managing Shareholder of the Richmond, Virginia office of Ogletree, Deakins, Nash, Smoak & Stewart, PC.

I am lead counsel for Cyberlux Corporation and Mark D. Schmidt (collectively, "Cyberlux") in four active cases pending in the Circuit Court of the City of Richmond, Virginia (the "Virginia litigation").

On November 1, 2024, I was apprised of Plaintiffs' Motion for Reconsideration filed in this case. I have reviewed Plaintiffs' Motion for Reconsideration and the Declaration of Federico Zablah.

The purpose of this declaration is to provide the Court with the recent and upcoming activity in the Virginia litigation between the parties, as well as to correct some of the statements in Mr. Zablah's declaration.

Pending Virginia Litigation

On November 1, 2024, I was notified that Plaintiffs represented to this Court that Cyberlux was not challenging the Stipulated Judgment in Virginia. This is incorrect.

Cyberlux is challenging the validity of the Stipulated Judgment and Cyberlux seeks to reform or modify the Stipulated Judgment pursuant to the Settlement Agreement, as modified. Cyberlux is taking action in several pending Virginia proceedings to accomplish this, including:

a. CL22003882-00: This is the original action from which a Settlement Agreement between Cyberlux on the one hand, and Atlantic Wave and Secure Community on the other, arose. The Settlement Agreement was executed on or about June 15, 2023. As part of that Settlement Agreement, the parties agreed to the entry of a Stipulated Judgment, in part to ensure finafity surrounding claims involving third-party Strikepoint Consulting LLC. The payments set forth in the Settlement Agreement and referenced by the Stipulated Judgment were later modified by agreement of the parties. Cyberlux is opposing Plaintiffs' illegal attempts to enforce the Stipulated Judgment.

na 240) is posSipa , Ensure men, NemLI Arize un dings Sement Avec ore

b. CL24002919-00: On July8, 2024, Cyberlux filed this injunction against Atlantic Wave and Secure Community. Atlantic Wave and Secure Community filed their answer on August 1, 2024. In Cause No. CL24002919-00, Cyberlux seeks injunctive relief to prohibit Atlantic Wave and Secure Community from further misrepresenting the terms of the Stipulated Judgment and the Settlement Agreement and to prohibit enforcement of the Stipulated Judgment. In short, Cyberlux is asking the Court to either (a) stop Atlantic Wave and Secure Community from their illegal attempts to use the Stipulated Judgment under false pretenses; or (b) to reform the Stipulated Judgment such that the value of the Stipulated Judgment is reformed to reflect the remaining amount due under the Settlement Agreement.

c. CL24002960-00: On July 8, 2024, Cyberlux filed this action for declaratory judgment før breach of the Settlement Agreement by Atlantic Wave and Secure Community. Atlantic Wave and Secure Community filed a demurrer. In this action, Cyberlux is requesting that the Virginia court, among other things, declare the rights and obligations of the parties with respect to the use of the Stipulated Judgment pursuant to the terms of the Settlement Agreement, as modified.

d. CL24003910-00: This action was filed by Plaintiffs against Cyberlux regarding Cyberlux's alleged breaches of the Settlement Agreement. On November 4, 2024, Cyberlux filed a demurrer.1

Simply put, the representations set forth in Plaintiffs' Motion for Reconsideration are incorrect. Cyberlux is challenging use of the Stipulated Judgment and, alternatively, seeking reformation of the Stipulated Judgment pursuant to the terms of the modified Settlement Agreement in the Virginia actions as described above.

Upcoming Activity in the Virginia Litigation

10.

Plaintiffs' representations concerning Cyberlux's alleged inactivity and dilatory tactics are baseless.

11.

In his declaration, Mr. Zablah suggested to this Court that Cyberlux was improperly delaying a hearing until March 27, 2025. See Declaration of F. Zablah, at par. 13-14. That is not true.

12.

Since September 12, 2024, the parties have been attempting to schedule a hearing in the injunction action on various matters. See Exhibit A to this Declaration. Initially, the parties were working to schedule a 30-minute hearing on Atlantic Wave's motion to compel. Then, after further discussion, the parties decided to instead schedule a 1-hour hearing to address Atlantic Wave's motion for summary judgment. See Exhibit A. The parties were unable to find a mutually agreeable date for a hearing in 2024. However, on October 30, 2024, the parties agreed to set a hearing on Atlantic Wave's motion for summary judgment on March 27, 2025. The Court accepted this agreed setting. Id.

In Virginia, a demurrer is a procedural vehicle used to challenge the legal sufficiency of a plaintiff's complaint.

n'inufficialimah Ofpy wulfffate of Marilyn Burgess District toaletten

13.

However, counsel for Atlantic Wave later indicated he had a conflict and could no longer agree to the March 27, 2025 hearing date. Id. After counsel for Atlantic Wave and Secure Community reneged on their agreement to the March 27, 2025 hearing date, Cyberlux offered the court's next available date, which was on April 21, 2025. Id. Counsel for Atlantic Wave and Secure Community has not agreed to that date and now complains of this offer in his declaration.

14.

Despite previously agreeing to a hearing date on March 27-2025, Atlantic Wave and Secure Community now accuse Cyberlux of dilatory tactics because Cyberlux has not agreed to the Court's recently offered hearing date of November 19, 2024, I am scheduled to be in a labor arbitration on November 18 -19, 2024. Id. Although the Court also offered December 27, 2024, I am not available because of previously scheduled travel out of the country on that date.

15.

Since counsel for Atlantic Wave and Secure Community will not agree to the April 21, 2025 hearing date, which was the next available date provided by the Court following what was the agreed upon March 27, 2025 hearing date, the parties continue to evaluate their availability. In other words, despite more than six weeks of communications with the Court, the parties still have not been able to schedule a first hearing date in the injunction action.

16.

In sum, there is no basis for the claim by Atlantic Wave and Secure Community concerning supposed inaction by Cyberlux. Cyberlux has been working with the parties and the

17.

Cyberlux has challenged and continues to challenge the validity of the Stipulated Judgment, and Cyberlux seeks reformation of the Stipulated Judgment to the extent the Virginia court is unwilling to prohibit its enforcement. As described herein, Cyberlux is working with the parties to prosecute its affirmative actions and defend against Atlantic Wave and Secure Community's meritless attempts following their breach of the Settlement Agreement.

I declare under the penalty of perjury that the foregoing is true and correct.

Executed in Richmond, Virginia, State of Virginia, on the 7th day of November, 2024.

Jimmy F. Robinson,Declarant

Unofficial Copy Office of Marilyn Burgess Distrust Clerk

Unofficial Copy Office of MarioBurgess District Clerk

EXHIBIT A

From:

Federico Zablah <fjz@petersenfirm.com>

Sent:

Thursday, October 31, 2024 11:37 AM

To:

Robinson, Jr., Jimmy F.

Cc:

Chap Petersen; Sandra Luevano; Patrick R Corish; Gills, Sandy D .; Johnson, Alicia Roberts

Subject:

RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Mr. Robinson,

Thank you for your email. I cannot agree to set this matter for April or anytime later next year as this is a time sensitive matter as any relief for temporary injunctive relief is. It strains reason why one would file a complaint for preliminary injunction and want to wait almost 1 year before the first hearing takes place, unless the sole purpose of that filing was for delay. If your complaint and request for injunctive relief is warranted, there is no reason to wait to resolve this matter and it is in all our clients' best interest to get this resolved as soon as possible.

As a preliminary matter, you filed this injunction matter in July, have failed to set the injunction for hearing, failed to respond to discovery, failed to show for the deposition of your plaintiff client (or set it for a replacement date), refused to set the motion to compel for hearing or taken any steps to comply with the rules of the Court.

Additionally, as it concerns the injunction you have requested and summary judgment, I have clear indications that no payment on the settlement agreement has been received in almost a year to Atlantic Wave, besides the garnishments, which were almost all consumed by interest and attorney's fees.

Given this, I think it is in our mutual interest to have this matter set as soon as possibly. The Court has been very accommodating to give us November 19, 2025. I suggest we make this date work. You stated you are in trial on that date. Is that trial definitely going to proceed? Perhaps your co-counsel can cover the hearing on November 19?

While we are on the subject of clearing dates, we need discuss your recent objection to our garnishments (which you did not send to us despite indicating the certificate of service). I am aware that you are using this matter to delay collection on the judgment in this and other jurisdictions. Given that you have put forth objections based on this pending case, it makes it paramount that we resolve these objections and this matter to determine the propriety of your objections. Accordingly, we are again requesting the deposition of Mark Schmidt and Cyberlux in this matter. Please provide available dates for a deposition in November.

Lastly I would also tike to set our Motion for Turnover for Hearing in CL22003882-00. Can you confirm if you or your colleague are available one hour in November? Once we have those I will be able to coordinate with Court in that case.

I am happy to have a call with you to go over this and meet and confer on these issues.

Best,

Federico J. Zablah, Esq. Chap Petersen & Associates, PLC

Direct Dial: (571) 459-2520 Email: fjz@petersenfirm.com Fax: (571) 459-2307

ATTENTION: The content contained in this email may include information which is protected by the attorney-client or work product privilege. If you come into contact with this information accidentally, please notify the sender and discard the message immediately. Thank you.

From: Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com> Sent: Thursday, October 31, 2024 10:27 AM

To: Federico Zablah <fjz@petersenfirm.com> Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Gills, Sandy D. < sandy.gills@ogletreedeakins.com>; Johnson, Alicia Roberts <alicia.johnson@ogletreedeakins.com>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

Good morning Federico-

Cyberlux has the following dates/times available for a hearing on Atlantic Wave's Summary Judgment Motion before Judge Cardwell.

Apr 21 at 10:00 Apr 28 at 9:00

Best, JfR

From: Ceruti, Sandra A. - Circuit CourtNudges Office <Sandra.Ceruti@rva.gov> Sent: Thursday, October 31, 2024 9:34 AM To: Robinson, Jr., Jimmy F. < JimmyRobinson@ogletreedeakins.com>

Cc: Federico Zablah <fjz@petersenfirm.com>; Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Gills, Sandy D. <sandy.gills@ogletreedeakins.com>; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov> Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

[Caution: Email received from external source]

Apr 21 at 10:00 Apr 25 at 9:00 Apr 28 at 9:00 Apr 29 at 9:00 (30 minutes) Apr 30 at 9:00 (30 minutes)

Bites nomeck pra mucOffice of Marilyn Burgess Districtos Berk

Sandra Ceruti, Judicial Assistant Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

S Vendoficia Copy fre of Marilyn chargessingdict Clerk

From: Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com> Sent: Thursday, October 31, 2024 9:24 AM To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Cc: Federico Zablah <fjz@petersenfirm.com>; Chap Petersen <jcp@petersenfirm&com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Gills, Sandy D. <sandy.gills@ogletreedeakins.com>; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov>

Subject: Re: Short Hearing Scheduling Request -CYBERLUX CORPORATION V ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Good morning Ms. Ceruti-

Thank you for your patience with helping us find a date. Defendants are not available on November 19 inasmuch as we have a trial that day. Also it does not give us time to file our brief. If March 27 does not work now for Atlantic Wave we will have to find later dates. If you could provide us later dates (beyond March 27) we will discuss between each other and confirm a date so we do not clog up your email with the back and forward. And hopefully this time we will confirm a date that actually works for both parties before confirming with you that it does.

JfR

Please excuse all typos and grammatical errors inasmuch as this message was sent from my iPhone. Thank you.

On Oct 31, 2024, at 8:43 AM, Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> wrote:

[Caution: Email received from external source]

I'll squeeze it in on Nov 19 at 12:30 if everyone is available.

Sandra Ceruti, Judicial Assistant Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

From: Federico Zablah <fjz@petersenfirm.com> Sent: Wednesday, October 30, 2024 4:49 PM

F. < jimmy.robinson@ogletree.com>

Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Gills, Sandy D. < sandy.gills@ogletreedeakins.com>; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov> Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Ms. Ceruti,

PRO anofficialanny Office of MarilynBurgess District Cler!

I apologize, I was informed that March 27, 2025 at 10am will not work for us as we have a trial scheduled on that date in another jurisdiction. Are there any other available dates in November for even for a 30 minute hearing? Once I have that, I will confer with opposing counsel on a new date and get back to you. Since this is a preliminary injunction matter, I believe this is a time sensitive matter. Thank you.

Best, Federico J. Zablah, Esq. <image001.png> Chap Petersen & Associates, PLC Direct Dial: (571) 459-2520 Email: fjz@petersenfirm.com Fax: (571) 459-2307

From: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Sent: Wednesday, October 30, 2024 3:48 PM To: Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com>; Federico Zablah <fjz@petersenfirm.com>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

Thanks.

Sandra Ceruti, Judicial Assistant Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

my openofficial Camerony of Mann Burgess District Clerk

From: Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com> Sent: Wednesday, October 30, 2024 3:43 PM To: Federico Zablah <fjz@petersenfirm.com>; Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov>

Cc: Chap Petersen <jcp@petersenfirm.com>, Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Gills, Sandy D. < sandy.gills@ogletreedeakins.com>; Pollock, Emily - Circuit Court <Emily.Pollock@(va.gov>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Agreed.

From: Federico Zablah <fjz@petersenfirm.com> Sent: Wednesday, October 30, 2024 3:32 PM To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov>; Robinson, Jr., Jimmy F. < Jimmy.Robinson@ogletreedeakins.com>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

[Caution: Email received from external source]

hour works for us. Thank you.

Best, Federico J. Zablah, Esq. <image001.png> Chap Petersen & Associates, PLC Direct Dial: (571) 459-2520 Email: fjz@petersenfirm.com Fax: (571) 459-2307

as Forofficial poucoof lar VeSS District Cler

From: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Sent: Wednesday, October 30, 2024 3:31 PM To: Federico Zablah <fjz@petersenfirm.com>;Robinson, Jr., Jimmy F. <jimmy.robinson@ogletree.com>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

March 27 at 10:00 a.m. confirmed for summary judgment. I have set the matter for one hour. Please let me know if more time is needed.

Thank you.

Sandra Ceruti, Judicial Assistant Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

From: Federico Zablah <fjz@petersenfirm.com> Sent: Wednesday, October 30, 2024 3:19 PM To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov>; Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com> Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Gills, Sandy D. < sandy.gills@ogletreedeakins.com>; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Ms. Ceruti,

Thank you for you assistance with this mater. I can confirm that we have agreed to March 27, 2025 at 10am for a hearing on Atlantic Wave's Summary Judgment Motion before Judge Cardwell.

If that works, I will have notice of hearing filed with the Clerk's office and provide you a courtesy copy once filed.

Best, Federico J. Zablah, Esq. <image001.png> Chap Petersen & Associates, PLC Direct Dial: (571) 459-2520 Email: fjz@petersenfirm.com

Fax: (571) 459-2307

LIDICE EURO SE CONSAGRAVOTRE Of Marilyn Burguesa strict Ck

From: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Sent: Wednesday, October 30, 2024 3:10 PM

To: Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com>; Federico Zablah <fjz@petersenfirm.com>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

Please coordinate your dates with all parties and confirm date with me before sending a notice of hearing with the clerk's office.

Thanks.

Sandra Ceruti, Judicial Assistant

Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

From: Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com> Sent: Wednesday, October 30, 2024 3:07 PM To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov>; Federico Zablah <fjz@petersenfirm.com>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Thank you Ms. Ceruti-

Cyberlux has March 27, 2025 at 10am available for a hearing on Atlantic Wave's Summary Judgment Motion before Judge Cardwell.

Best, JfR

From: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Sent: Wednesday, October 30, 2024 3:02 PM

To: Robinson, Jr Jimmy F. < Jimmy.Robinson@ogletreedeakins.com>; Federico Zablah <fjz@petersenfirm.com>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

[Caution: Email received from external source]

Mar 27 at 10:00 Mar 28 at 9:00

Sandra Ceruti, Judicial Assistant Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

From: Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com> Sent: Wednesday, October 30, 2024 2:51 PM To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@ma.gov>; Federico Zablah <fjz@petersenfirm.com>

Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <st@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Gills, Sandy D. < sandy.gills@ogletreedeakins.com>; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Good afternoon Ms. Ceruti-

Thank you for the dates. Can you provide dates in February as well. We are holding the week of January 27th for another matter and have conflicts on earlier dates.

Thank you, JfR

From: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Sent: Wednesday, October 30, 2024 2:48 PM To: Federico Zablah <fjz@petersenfirm.com> Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Robinson, Jr., Jimmy F.

<Jimmy.Robinson@ogletreedeakins.com>; Gills, Sandy D. < sandy.gills@ogletreedeakins.com>; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov> Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

Good afternoon,

None of the dates below are available. Please see additional dates below:

Dec 27 at 10:30 Jan 17 at 10:30 Jan 29 at 12:00 Jan 31 at 9:00

Sandra Ceruti, Judicial Assistant Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

Daoficial Copie, office ailyn Burgess District Clerk

From: Federico Zablah <fjz@petersenfirm.com> Sent: Wednesday, October 30, 2024 2:12 PM

To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov>

Cc: Chap Petersen <jcp@petersenfirm.com>: Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com>; SANDY.GILLS@OGLETREE.COM; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Ms. Ceruti,

I apologize for the delay in getting back to you, we are having difficulties agreeing to a date. Are the below dates (or any additional dates in November and December) still available for a hearing?

We would be looking to set our motion for Summary Judgment recently filed in this matter for a hearing rather than the previously mentioned motion to compel.

Best,

Federico J. Zablah, Esq. <image001.png> Chap Petersen & Associates, PLC Direct Dial: (571) 459-2520 Email: fjz@petersenfirm.com Fax: (571) 459-2307

From: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Sent: Tuesday, October 1, 2024 9:47 AM To: Federico Zablah <fjz@petersenfirm.com>

Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.(com>; SANDY.GILLS@OGLETREE.COM; Pollock, Emily - Circuit Court <Emily.Pollock@rva gov>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

Good morning, Nov 19 at 11:30 Nov 20 at 9;30 Dec 16 at 9:00

Sandra Ceruti, Judicial Assistant Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

IN TWEE TOVALDe GOLFce of Marilyn Burgess District (, Kon

From: Federico Zablah <fjz@petersenfirm.com> Sent: Monday, September 30, 2024 4:55 PM To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com>; SANDY.GILLS@OGLETREE/COM; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Ms. Ceruti,

I apologize for the delay in getting back to you. Does Judge Cardwell have any available dates in November? Thank you.

Best,

Federico J. Zablah, Esq.

<image001.png> Chap Petersen & Associates, PLC Direct Dial: (571) 459-2520 Email: fjz@petersenfirm.com Fax: (571) 459-2307

From: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Sent: Thursday, September 12, 2024 2:26 PM To: Federico Zablah <fjz@petersenfirm.com>

Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com>; SANDY.GILLS@OGLETREE.COM; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

Judge Cardwell has nothing available on the 30th and the next two weeks are criminal dates. She then has a 7-day jury trial and the next available date is Oct 31 at 2:00 p.m.

Sandra Ceruti, Judicial Assistant Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

Bet Ungarantire Office of Marilyn Burgess Le Clerk

From: Federico Zablah <fjz@petersenfirm.com> Sent: Thursday, September 12, 2024 2:07 PM To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com>; SANDY.GILLS@OGLETREE.COM; Pollock, Emily - Circuit Court <Emily. Pollock@rva.gov> Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

You don't often get email from fjz@petersenfirm.com. Learn why this is important

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Thank you. If possible, could you also provide available dates in the following week? (Week of September 30th)

Best,

Federico J. Zablah, Esq. <image001.png> Chap Petersen & Associates, PLC Direct Dial: (571) 459-2520 Email: fjz@petersenfirm.com Fax: (571) 459-2307

From: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Sent: Thursday, September 12, 2024 1:48 PM To: Federico Zablah <fjz@petersenfirm.com> Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com>; SANDY.GILLS@OGLETREE.COM; Pollock, Emily - Circuit Court <Emily-Pollock@rva.gov>

Subject: RE: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

Good afternoon,

Available dates for motion to compel:

Sep 23 at 2:00 Sep 24 at 9:30 Sep 25 at 12:00

Please coordinate dates with opposing counsel and confirm date with me before filing a notice of hearing with the clerk's office.

Thank you. Sandra Ceruti, Judicial Assistant) Office of the Honorable Claire G. Cardwell John Marshall Courts Building 400 North 9th Street Richmond, VA 23219 (804) 646-6511 (Office) (804) 646-7818 (Fax)

Unosjal ay Office of Marilyn Burger a strict Cléto

From: Federico Zablah <fjz@petersenfirm.com> Sent: Thursday, September 12, 2024 12:45 PM To: Ceruti, Sandra A. - Circuit Court Judges Office <Sandra.Ceruti@rva.gov> Cc: Chap Petersen <jcp@petersenfirm.com>; Sandra Luevano <sl@petersenfirm.com>; Patrick R Corish <prc@petersenfirm.com>; Robinson, Jr., Jimmy F. < jimmy.robinson@ogletree.com>; SANDY.GILLS@OGLETREE.COM; Pollock, Emily - Circuit Court <Emily.Pollock@rva.gov>

Subject: Short Hearing Scheduling Request -CYBERLUX CORPORATION v ATLANTIC WAVE HOLDINGS LLC (CL24002919-00)

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Good Afternoon Ms. Ceruti,

We recently filed a Motion to Compel Deposition in the above matter and I understand from the Clerk's office that this matter was assigned to Judge Cardwell. Per the suggested practices of Richmond City, I am contacting you to set the motion for a thirty-minute hearing before Judge Cardwell on our Motion to Compel Deposition. I am attaching a copy of the motion. If possible, could you please provide us with available hearing dates in the next couple of weeks to set this matter for a hearing. Thank you in advance for your attention to this matter

Best, Federico J. Zablah, Esq. <image001.png> Chap Petersen & Associates, PLC Direct Dial: (571) 459-2520 Email: fjz@petersenfirm.com Fax: (571) 459-2307

Anaclaray Calice of frayn Burgess District . TTO CON

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This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Frankie Huff on behalf of Katherine Clark Bar No. 24046712 fhuff@thompsoncoburn.com Envelope ID: 94054206

Filing Code Description: Answer/ Response / Waiver Filing Description: Cyberlux Atlantic Wave Defs Response to Motion for Reconsideration re Stay Status as of 11/7/2024 4:01 PM CST

Case Contacts

Name

BarNumber

LO CHO MUSIC SSO Email

TimestampSubmitted

Status

Sandra Meiners

smeiners@thompsoncoburn.com Kan

11/7/2024 2:40:17 PM

SENT

Laurie DeBardeleben

Idebardeleben@thompsoncoburn.com SOLO

11/7/2024 2:40:17 PM

SENT

Shawn Grady

shawn@gradycollectionlaw.com ELON

11/7/2024 2:40:17 PM

SENT

Shawn Grady

shawn@gradycollectionlaw.com MUSK bernadette@grectionlaw.com

11/7/2024 2:40:17 PM

SENT

Bernadette Martin

bernadette@gradycollectionlaw.com

11/7/2024 2:40:17 PM

SENT

Bernadette Martin

PROMOVARE JOBS bernadette@gradycollectionlaw.com

11/7/2024 2:40:17 PM

SENT

Katharine Clark

kclark@thompsoncoburn.com

11/7/2024 2:40:17 PM

SENT

Lena Brasher

Ibrasher@thompsoncoburn.com

11/7/2024 2:40:17 PM

SENT

Frankie Huff

fhuff@thompsoncoburn.com

11/7/2024 2:40:17 PM

SENT

Hannah Fischer

hfischer@thompsoncoburn.com

11/7/2024 2:40:17 PM

SENT

Alex Pennetti

apennetti@thompsoncoburn.com

11/7/2024 2:40:17 PM

SENT

Original source file

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File: aw-harris-awh-2024-48085-doc-117417041.pdf
Source UID: source:7d1f58e7b0654d8ebe9e91f660996feeb71d179c66dc215b99b81122809887f1
Full SHA-256: 7d1f58e7b0654d8ebe9e91f660996feeb71d179c66dc215b99b81122809887f1

DISTIL analysis

Extracted text

Defendants' Response to Plaintiffs' Motion for Reconsideration — Formatted Extract

Original source file