Evidence Record

legal_exhibit_email_chain - multiple_parties_legal_dispute

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

Type
document
Date
2025-05-24 to 2025-05-28
Pages
6
Lines
164
SHA-256
830f7189963b

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
legal_exhibit_email_chain
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
legal_exhibit_email_chain multiple_parties_legal_dispute commercial_lease_receivership 2025-05-24 to 2025-05-28
financial_claimsreceivership_proceedingstrespass_allegationlease_default
Analytical Frame
creditor_claims_landlord_tenant_dispute
Analytical Summary
This exhibit documents a commercial lease dispute within receivership proceedings for Cyberlux Corporation. Jonathan Saikin, representing landlord 3rd Generation Development LP, submits lease payoff claims totaling $238,014 to court-appointed receiver Robert Berleth in Cause No. 202448085 (Atlantic Wave Holdings v. Cyberlux). The financial claims comprise two leases: a Cyberlux lease with $185,976 remaining after prepayment credits and a Catalyst lease with $52,038 remaining. Email exchanges reveal landlord Joe Palumbo's allegation that receiver Berleth trespassed on the property and altered locking systems, escalating tensions beyond the underlying lease default. The correspondence indicates cooperation with the receivership while preserving landlord rights and documenting property access disputes.
Key Points
  • Two commercial leases claim $238,014 total payoff: Cyberlux lease ($185,976) and Catalyst lease ($52,038)
  • Receivership proceedings in Cause No. 202448085, Harris County 129th District Court
  • Landlord 3rd Generation Development LP cooperating with receivership while submitting claims
  • Landlord alleges receiver Robert Berleth trespassed after being instructed not to enter property
  • Dispute over property access and locking system changes during receivership administration
Stage 2
Core — Entities, Events, Claims
17 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Plaintiff and judgment-creditor in the underlying lawsuit against Cyberlux Corporation
Page 1 — ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC, Plaintiff, Judgment-Creditor,
ENT-002
Entity
Secure Community, LLC
Co-plaintiff and judgment-creditor alongside Atlantic Wave Holdings
Page 1 — ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC, Plaintiff, Judgment-Creditor,
ENT-003
Entity
Cyberlux Corporation
Defendant and judgment-debtor, subject of receivership proceedings, tenant under commercial lease
Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually Defendant, Judgment-Debtor.
ENT-004
Entity
Mark D. Schmidt
Individual defendant and judgment-debtor named alongside Cyberlux Corporation
Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually Defendant, Judgment-Debtor.
ENT-005
Entity
3rd Generation Development LP
Landlord entity claiming lease default and payoff amounts in receivership proceedings
Page 1 — 3rd Generation Development LP Lease Default
ENT-006
Entity
Robert Berleth
Court-appointed receiver in Cyberlux receivership proceedings
Page 4 — From: Robert Berleth <rberleth@berlethlaw.com>
ENT-007
Entity
Jonathan Saikin
Partner at Saikin Rosenberg representing 3rd Generation Development LP in receivership claims
Page 4 — Jonathan D. Saikin Partner SAIKIN ROSENBERG 5373 W. Alabama St., Ste. 650 Houston, Texas 77056
ENT-008
Entity
Joe Palumbo
President of Third Generation Development, L.P., directly involved in property access dispute with receiver
Page 6 — Joe Palumbo President Third Generation Development, L.P.
EVT-001
Event
Receivership court order appointment
Court order appointing Robert Berleth as receiver in Cyberlux receivership proceedings
Page 4 — As discussed, my client intends to cooperate with the court order appointing you.
EVT-002
Event
Telephone call May 27, 2025
Discussion between receiver Robert Berleth and attorney Jonathan Saikin regarding receivership claims process
Page 4 — Thanks for speaking with me yesterday. In the call, you suggested we make a claim against the receivership estate for the balance due under the leases with my client.
EVT-003
Event
Alleged trespass by receiver
Joe Palumbo alleges receiver Robert Berleth entered the property after being instructed not to do so
Page 5 — I guess you decided to trespass after I instructed you not to enter the property.
EVT-004
Event
Locking system alteration
Landlord's locking system was altered during receiver's access to property, landlord expects restoration
Page 5 — Also, I expect my locking system to be put back in place after this is over with, it is under my master key.
EVT-005
Event
Submission of lease payoff claims
Jonathan Saikin submitted lease payoff calculation to receiver on May 28, 2025, as instructed during prior call
Page 4 — Please see attached the balance due thru the end of the terms. Please let me know if there are any other instructions to submit a claim against the receivership estate.
CLM-001
Claim
Cyberlux lease payoff claim
Claim for Cyberlux lease covering December 1, 2023 through November 30, 2026, with 17 months remaining, monthly lease of $20,664, total $351,288 less prepaid 8 months of $165,312, net claim $185,976
Page 2 — Cyberlux Lease dates 12/01/2023 -11/30/2026 Monthly lease $ 20,664.00 17 months left on lease $ 351,288.00 Less Prepaid of 8 months $ (165,312.00) $ 185,976.00
CLM-002
Claim
Catalyst lease payoff claim
Claim for Catalyst lease covering May 1, 2022 through April 30, 2027, with 22 months remaining, monthly lease of $3,717, total $81,774 less prepaid $29,736, net claim $52,038
Page 2 — Catalyst 05/01/2022-04/30/2027 $ 3,717.00 22 Months left on lease $ 81,774.00 Less prepaid $ (29,736.00) $ 52,038.00
CLM-003
Claim
Total lease payoff claim
Combined claim for both leases totaling $238,014 to pay off leases, effective July 1, 2025, payment for June 1, 2025
Page 2 — Total to payoff leases $ 238,014.00 Balance to Pay off le balance to pay off lei Effective 07/01/2025 Which is what they are paying for 06/01/2025
CLM-004
Claim
Trespass allegation
Joe Palumbo claims receiver Robert Berleth trespassed by entering property after explicit instruction not to do so
Page 5 — I guess you decided to trespass after I instructed you not to enter the property.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
8 nodes
QUO-001
Quotation
Cooperation statement
Attorney Saikin's statement of landlord's intent to cooperate with receivership despite submitting claims
Page 4 — As discussed, my client intends to cooperate with the court order appointing you.
QUO-002
Quotation
Trespass accusation
Direct accusation by landlord president that receiver trespassed on property
Page 5 — I guess you decided to trespass after I instructed you not to enter the property.
QUO-003
Quotation
Lock restoration demand
Landlord's expectation that locking system be restored after receivership concludes
Page 5 — Also, I expect my locking system to be put back in place after this is over with, it is under my master key.
TEN-001
Tension
Cooperation vs. confrontation
Attorney expresses cooperation with receivership while landlord president simultaneously accuses receiver of trespass, revealing organizational tension between legal strategy and executive response
Page 4, 5 — As discussed, my client intends to cooperate with the court order appointing you. [...] I guess you decided to trespass after I instructed you not to enter the property.
TEN-002
Tension
Property access rights conflict
Fundamental conflict between receiver's court-appointed authority to access property and landlord's property rights and access control, manifested in trespass allegation and lock dispute
Page 5 — I guess you decided to trespass after I instructed you not to enter the property. Also, I expect my locking system to be put back in place after this is over with, it is under my master key.
QST-001
Question
Receiver's authority to access leased property
Whether court-appointed receiver has legal authority to access leased premises over landlord's objection, and what notice or permission requirements apply
Page 5 — I guess you decided to trespass after I instructed you not to enter the property.
QST-002
Question
Timing of landlord's no-entry instruction
When landlord Joe Palumbo instructed receiver not to enter property, and whether this occurred before or after court order appointing receiver
Page 5 — I guess you decided to trespass after I instructed you not to enter the property.
QST-003
Question
Catalyst lease relationship to Cyberlux
Nature of relationship between Catalyst lease and Cyberlux Corporation—whether Catalyst is a subsidiary, related entity, or separate tenant whose lease is affected by Cyberlux receivership
Page 2 — Catalyst 05/01/2022-04/30/2027 $ 3,717.00 22 Months left on lease $ 81,774.00
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Prior coordination on property access
The specificity of Palumbo's trespass allegation ('after I instructed you not to enter') suggests prior direct communication between landlord and receiver about property access, likely before the May 27-28 email exchanges
Page 5 — I guess you decided to trespass after I instructed you not to enter the property.
INF-002
Inference
Attorney unaware of client's property dispute
Attorney Saikin's cooperative tone on May 28 contrasts with client Palumbo's confrontational May 27 message, suggesting attorney may not have been fully informed of the property access conflict when sending lease claims
Page 4, 5 — As discussed, my client intends to cooperate with the court order appointing you. [...] I guess you decided to trespass after I instructed you not to enter the property.
INF-003
Inference
Prepayment credits indicate prior default
Substantial prepayment credits ($165,312 for Cyberlux, $29,736 for Catalyst) being deducted from lease payoffs suggest tenants had previously made advance payments, possibly as default remediation or lease negotiation concessions
Page 2 — Less Prepaid of 8 months $ (165,312.00) [...] Less prepaid $ (29,736.00)
OMI-001
Omission
No receiver response to trespass allegation
Document contains no response from receiver Robert Berleth to landlord's trespass allegation or lock system complaint, suggesting either the response is not included in this exhibit or was handled through other channels
Page 5 — I guess you decided to trespass after I instructed you not to enter the property. Also, I expect my locking system to be put back in place after this is over with, it is under my master key.
OMI-002
Omission
Court order terms not specified
The receivership court order referenced is not included in this exhibit, leaving the receiver's specific authority regarding property access, landlord rights, and claim procedures undefined in the documentary record
Page 4 — As discussed, my client intends to cooperate with the court order appointing you.

Extracted text

6 pages · 4553 characters

126898118 — Formatted Extract

Type: document
Filing Header

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

v.

§ §

IN THE DISTRICT COURT

129TH JUDICIAL COURT

§ §

CYBERLUX CORPORATION and MARK D. SCHMIDT, individually § Defendant, Judgment-Debtor. § IN AND FOR HARRIS COUNTY, TEXAS

Exhibit 3rd Generation Development LP Lease Default

Cause No. 202448085 styled Atlantic Wave Holdings, LLC et al. v. Cyberlux Corporation et al, in the 129th District Court in and For Harris County, Texas

Inofficial Copy place of Mailon Pirgess Distinct Cle

Cyberlux

Lease dates

Monthly lease

17
months left on lease

12/01/2023 -11/30/2026

$ 20,664.00

$ 351,288.00

Less Prepaid of 8 months

$ (165,312.00)

$ 185,976.00

Catalyst

22
Months left on lease

05/01/2022-04/30/2027

$ 3,717.00

$ 81,774.00

Less prepaid

$ (29,736.00)

$ 52,038.00

Total to payoff leases

$ 238,014.00

Balance to Pay off le

balance to pay off lei

Effective 07/01/2025 Which is what they are paying for 06/01/2025

Unofficial Copy Office of Marilyn Burgess Bistran ® Clerk

ase

ase

Unofficial Copy Office of Marilyn Burgess District Clerk

Robert Berleth

From:

Jonathan Saikin <jsaikin@saikrose.com>

Sent:

Wednesday, May 28, 2025 1:15 PM

To:

Robert Berleth

Cc:

Joe Palumbo; Jonathan Saikin

Subject:

RE: Cyberlux receivership

Attachments:

Cyberlux Catalyst lease pay out 6-1-2025.xlsx

Be Careful With This Message From (Jonathan Saikin <jsaikin@saikrose.com>) Newly Registered Domain

Learn More

The message was sent from a domain that has been recently registered and could be for the purpose of sending spam or malware.

Robert -

Thanks for speaking with me yesterday.

As discussed, my client intends to cooperate with the court order appointing you.

In the call, you suggested we make a claim against the receivership estate for the balance due under the leases with my client. Please see attached the balance due thru the end of the terms.

Please let me know if there are any other instructions to submit a claim against the receivership estate.

Let me know if any questions or comments.

Thanks,

Jonathan D. Saikin Partner

SAIKIN ROSENBERG

5373
W. Alabama St., Ste. 650 Houston, Texas 77056 Office: (713) 543-8160 | Direct: (713) 543-8162 jsaikin@saikrose.com | www.saikrose.com

From: Robert Berleth <rberleth@berlethlaw.com> Sent: Tuesday, May 27, 2025 5:40 PM To: Jonathan Saikin <jsaikin@saikrose.com>

Subject: RE: Cyberlux receivership

Jiho Copy Office & May Burgess District Clerk

It's a certified copy from the court, so I suspect there's obscene security on it.

R

Original message From: Jonathan Saikin <jsaikin@saikrose.com>

Date: 5/27/25 5:27 PM (GMT-06:00)

To: Robert Berleth <rberleth@berlethlaw.com> Cc: Jonathan Saikin <jsaikin@saikrose.com>

Subject: RE: Cyberlux receivership

Please send another way. I got warning that pdf is damaged. Thanks.

Jonathan D. Saikin Partner

SAIKIN =ROSENBERG

5373
W. Alabama St., Ste. 650 | Houston, Texas 77056 Office: (713) 543-8160 | Direct: (713) 543-8162 jsaikin@saikrose.com | www.saikrose.com

From: Robert Berleth <rberleth@berlethlaw.com>

Sent: Tuesday, May 27, 2025 5:25 PM

To: Jonathan Saikin <jsaikin@saikrose.com>

Subject: FW: Cyberlux receivership

Indice baby Office of Marilyn Burgess District Clerk

Original message

From: Joe Palumbo <joe@3rdgd.com> Date: 5/27/25 3:41 PM (GMT-06:00) To: Robert Berleth <rberleth@berlethlaw.com> Cc: Jonathan Saikin <jsaikin@saikrose.com>, Sheri Rains <sheri@3rdgd.com>, Amity McCarthy <Amity@3rdgd.com>

Subject: FW: Cyberlux receivership

Robert,

I guess you decided to trespass after I instructed you not to enter the property. Resend the PDF. I was not able to open it.

Also, I expect my locking system to be put back in place after this is over with, it is under my master key.

Should we send you the invoices for the rent. Please respond to all. I have copied my attorney on this email.

Joe Palumbo President Third Generation Development, L.P. Rebecca Village Business Park, L.P. 21631 Rhodes Rd. Suite A100 Spring, Texas 77388 O: 281-609-7114 C: 281-543-7464 joe@3rdgd.com

IÎI Third Generation DEVELOPMENT, LP

From: Robert Berleth <rberleth@berlethlaw.com> Sent: Saturday, May 24, 2025 11:01 AM To: Joe Palumbo <joe@3rdgd.com> Subject: Cyberlux receivership

:selected: x

9950
Cypresswood Dr., Ste. 200 Houston, Trberleth@berlethlaw.comexas 77070 E-mail: rberleth@berlethlaw.com Tele: 713-588-6900 Fax: 713-481-0894 www.berlethlaw.com

Unofficial Copyleaflice of Marilyn Burgess District Clerk

Original source file

Open source
File
legal_exhibit_email_chain - multiple_parties_legal_dispute
Source UID
source:830f7189963b5596938186c60a3953d926b1874f1869a1eb15a828dff12dba7b
Full SHA-256
830f7189963b5596938186c60a3953d926b1874f1869a1eb15a828dff12dba7b