Court Filing - Receiver's Final Report and Motion - Robert W. Berleth, Court-Appointed Receiver
1. The work performed by Receiver in this Receivership to date includes, without limitation, the following: researching the latest developments in relevant turnover receivership law, communications with Plaintiff's counsel, communications with Defendant's counsel, communications...
DISTIL analysis
- Receiver recovered full judgment amount of $3,083,639.75 from Cyberlux Corporation
- Proposes 33% receiver fee ($1,017,601.11) plus $722,728.68 in expenses
- $469,670.21 allocated for unpaid Cyberlux employees at Spring, Texas facility
- Receiver aware of potential serial receiverships to follow upon termination
- One-year receivership involved inventory liquidation and real property possession
Extracted text
11 pages · 13861 charactersATLANTIC WAVE HOLDINGS, LLC § IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., § Plaintiffs, Judgment-Creditors, § § V. § § 129TH JUDICIAL COURT
CYBERLUX CORPORATION and §
§ IN AND FOR
MARK D. SCHMIDT, individually, Defendants, Judgment-Debtors. § HARRIS COUNTY, TEXAS
RECEIVER'S FIFTH AND FINAL REPORT, FINAL ACCOUNTING, VERIFIED MOTION FOR DISBURSEMENT OF FUNDS, AND MOTION TO TERMINATE RECEIVERSHIP
MOTION IS FILED WITH THE COURT WITHIN FIVE DAYS OF THE DATE OF SERVICE, THE COURT MAY GRANT THE RELIEF REQUESTED WITHOUT FURTHER NOTICE OF HEARING.
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Robert W. Berleth, of Berleth, as Receiver, appointed by this Honorable Court as Receiver on May 22, 2025 hereinafter the "Order" to take and files this Receiver's Fifth (Final Report, Final Accounting, Verified Motion for Disbursement of Funds, and Motion to Terminate Receivership, and for good cause shows the following:
reviewing records concerning Defendant, preparing and filing the Receiver Oath, posting bond, taking physical possession of the real property, engaging and supervising the inventory and shipment of goods in a commercially reasonable manner, receiving and accounting for recovered funds, physical reconnoiter of the debtors going concerns, and preparing and filing this Receiver's Verified Motion for Disbursement and the proposed Order.
a. $873,639.75 to Plaintiff, reflecting full and final satisfaction of the Harris county court judgment, Cause No. 2024-48085, styled Atlantic Waves Holdings, LLC, et al. v. Cyberlux Corporation et al. in the 129th District Court, Harris County.
b. $722,728.68 to the Receiver as reasonable and incurred expenses in the prosecution of the receivership, to be taxed as a cost of court.
c. $1,017,601.11 as the Receiver's Fee to be taxed as a cost of court.
d. $469,670.21 to be disbursed to the employees of Cyberlux, that remain unpaid.
e. Any incidental interest, fractional cents, or small calculation errors to be forwarded to the Texas Access to Justice Foundation.
to issue any necessary bond paperwork or order as required to effectuate the stay of enforcement pending appeal. Alternatively, if the Court requires a different form of security, the Receiver requests leave to post such security in conformity with the Court's directions.
a. The Receiver Fee is reasonable. The Receiver's actions to date during this receivership were reasonable;
f. Receiver has disbursed $873,639.75 to Plaintiff's Counsel, reflecting full and final satisfaction of the Harris county court judgment, Cause
No. 2024-48085, styled Atlantic Waves Holdings, LLC, et al. v. Cyberlux Corporation et al. in the 129th District Court, Harris County.
b. Receiver disburse $722,728.68 to the Receiver as reasonable and incurred expenses in the prosecution of the receivership, to be taxed as a cost of court.
c. Receiver disburse $1,017,601.11 as the Receiver's Fee to be taxed as a cost of court.
d. Receiver disburse the remaining $469,670.21 in the following order of possibility:
i. Transfer the funds to the next receivership, if present; or then,
ii. Within 45 days of this order, distribute $469,670.21 to the previous unpaid employees of Cyberlux at the Spring, Texas manufacturing facility, until the funds are exhausted.
e. The Receivership be terminated; and,
f. Such other and further relief which Receiver is justly entitled.
SIGNATURE PAGE FOLLOWS:
Unofficial Foppapriceof ManlyneBurgess Distifst Clerto
Respectfully submitted by:
RXBAL
BERLETH & ASSOCIATES Robert W. Berleth Texas Bar # 24091860 SDOT #: 3062288 rberleth@berlethlaw.com 9950 Cypresswood, Suite 200 Houston, Texas 77070 Tele: 713-588-6900 Fax: 713-481-0894
APPOINTED RECEIVER
Unofficial Copy Office of Marilyn Burgess %%
VERIFICATION
STATE OF TEXAS § § COUNTY OF HARRIS §
BEFORE ME, the undersigned authority on this day personally appeared Robert Berleth, who, being by me duly sworn upon oath deposed and stated as follows:
"My name is Robert Berleth. I am the appointed Receiver in the above- styled case and I have personal knowledge of the facts contained and asserted herein. The facts contained herein are true and correct and I am fully authorized to make this affidavit."
RIBAL
Robert Berleth
APPOINTED RECEIVER
SWORN TO AND SUBSCRIBED before me by Robert Berleth on Wednesday, May 27, 2026, to certify which, witness my hand and seal of office.
SHELL MARIE DAVIS Notary Public, State of Texas Comm. Expires 02-25-2029 Notary ID 132943751
Printed Name:
My Commission Expires:
Sono
Notary Public in and for the State of Texas
Sheli Marie Davis
April 25, 2029
marcial Co's Office of Marilyn Burmese District Ganska
CERTIFICATE OF SERVICE
I hereby certify that on Wednesday, May 27, 2026, a true and correct copy of the above and foregoing was forwarded to all counsel of record via certified mail, return receipt requested, regular mail, e-mail and/or facsimile. Electronic records were also forwarded in accordance with local rules through the E-file or CM/ECF system.
Respectfully submitted by: RABAL
BERLETH & ASSOCIATES
Texas Bar # 24091860
SDOT #: 3062288
E-mail: rberleth@berlethlaw.com
Tristian Harris Texas Bar # 24134449
E-mail: tharris@berlethlaw.com 9950 Cypresswood Dr. Suite 200 Tele: 713-588-6900
APPOINTED RECEIVER
Automated Certificate of eService
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Sheli Davis on behalf of Robert Berleth Bar No. 24091860 sdavis@berlethlaw.com Envelope ID: 115406488
Filing Code Description: Motion (No Fee)
Filing Description: Receivers Fifth and Final Report, Final Accounting, verified Motion for Disbursement of Funds and Motion to Terminate Receivership Status as of 5/28/2026 8:57 AM CST
Case Contacts
Name
BarNumber
TimestampSubmitted
Status
Ashish Mahendru
amahendru@thelitigationgroup.com torgess Distre,& Clerk
5/27/2026 4:03:49 PM
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Darren AndrewBraun
dbraun@thelitigationgroup.com Fs
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Evan A.Moeller
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Linda Carranza
:selected: Cara carranza@thompsoncoburn.com
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Elizabeth Myers
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Tara Rollin
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Robert W.Berleth
rberleth@berlethlaw.com
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David A.Walton
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Travis Vargo
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Micah Jackson
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Brice BBeale
beale@hooverslovacek.com
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Mary Jahn
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Shawn Grady
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Shawn Grady
shawn@gradycollectionlaw.com
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Jeff Brown
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Paula Gentry
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Automated Certificate of eService
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Sheli Davis on behalf of Robert Berleth Bar No. 24091860 sdavis@berlethlaw.com Envelope ID: 115406488
Filing Code Description: Motion (No Fee)
Filing Description: Receivers Fifth and Final Report, Final Accounting, verified Motion for Disbursement of Funds and Motion to Terminate Receivership Status as of 5/28/2026 8:57 AM CST
Case Contacts
Bernadette Martin
bernadette@gradycollectionlaw.com
5/27/2026 4:03:49 PM
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Bernadette Martin
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Records Department
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Sheli Davis
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VHH EFILE
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Automated Certificate of eService
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.
Sheli Davis on behalf of Robert Berleth Bar No. 24091860 sdavis@berlethlaw.com Envelope ID: 115406488
Filing Code Description: Motion (No Fee)
Filing Description: Receivers Fifth and Final Report, Final Accounting, verified Motion for Disbursement of Funds and Motion to Terminate Receivership Status as of 5/28/2026 8:57 AM CST
Case Contacts
Monica Rodriguez
monica.rodriguez@arlaw.com
5/27/2026 4:03:49 PM
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Daniel AArdmore
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Unofficial Copy
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