Evidence Record
Court Order - Receivership Termination - 129th Judicial District Court, Harris County, Texas
Marilyn Burgess - District Clerk Harris County Envelope No. 115542213 By: Shanelle Taylor Filed: 6/1/2026 12:00 AM Pgs-5
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Version
1
Doc Type
Court Order - Receivership Termination
Total Nodes
35
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 - Receivership Termination 129th Judicial District Court, Harris County, Texas Commercial litigation, debt collection, receivership proceedings 2024-2026 (case filed 2024, receivership May-July 2025, order entered June 2026)
financial_settlementgovernment_contractemployee_compensationsequential_receivership
Analytical Frame
Legal judgment with financial distribution and procedural termination
Analytical Summary
This court order terminates a 12-month receivership in a commercial debt case involving Atlantic Wave Holdings and Secure Community against Cyberlux Corporation and Mark D. Schmidt. Receiver Robert Berleth collected funds and seized K8 drones from Cyberlux's manufacturing facility, delivering them to a U.S. government facility. The parties reached a comprehensive settlement resolving all claims. The court approved receiver fees of $3,083,639.75 (33% contingency) and ordered distribution of collected funds: $873,849.02 already paid to Atlantic Waves, $722,728.68 for receiver expenses, $1,017,601.11 as receiver's fee, and $469,670.21 designated for either the next receivership or unpaid Cyberlux employees. The order notes Cyberlux will remain under receivership without interruption in a separate case.
Key Points
- 12-month receivership terminated after parties reached full settlement of all claims
- Receiver seized K8 drones from Cyberlux facility and delivered to U.S. government under contract
- Court approved 33% contingency fee ($3,083,639.75 total) for receiver under Bergeron factors
- Distribution plan: $873K to Atlantic Waves, $722K expenses, $1M+ receiver fee, $469K for employees or next receivership
- Cyberlux to remain under receivership in separate serial case without interruption
- $150,000 supersedeas bond required for any appeal
Stage 2
Core — Entities, Events, Claims
21 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Plaintiff and judgment-creditor in the underlying litigation, party to the settlement agreement
Page 1 — ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors
ENT-002
Entity
Secure Community, LLC
Co-plaintiff and judgment-creditor in the underlying litigation, party to the settlement agreement
Page 1 — ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors
ENT-003
Entity
Cyberlux Corporation
Defendant and judgment-debtor, manufacturer of K8 drones, subject of receivership with manufacturing facility in Spring, Texas
Page 1, 2, 4 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants, Judgment-Debtors... the Receiver entered Cyberlux manufacturing facility and took physical possession of Cyberlux manufactured K8 drones... previous unpaid employees of Cyberlux at the Spring, Texas manufacturing facility
ENT-004
Entity
Mark D. Schmidt
Individual defendant and judgment-debtor in the underlying litigation
Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants, Judgment-Debtors
ENT-005
Entity
Robert Berleth / Berleth & Associates, PLLC
Court-appointed receiver who managed the receivership for approximately twelve months, located at 9950 Cypresswood Dr., Ste. 200, Houston, Texas 77070
Page 1, 4 — Following approximately twelve months of receivership by Receiver Robert Berleth... Berleth & Associates, PLLC 9950 Cypresswood Dr., Ste. 200 Houston, Texas 77070
ENT-006
Entity
Hon. Michael Gomez
Presiding judge in the 129th Judicial District Court, Harris County, Texas
Page 1, 5 — Hon. Michael Gomez JUDGE PRESIDING... 129TH JUDICIAL COURT IN AND FOR HARRIS COUNTY, TEXAS
ENT-007
Entity
U.S. Government Facility
Unspecified U.S. government facility that received delivery of seized K8 drones under sale and/or fulfillment contract
Page 2 — delivery to a US government facility in sale and/or fulfillment contract for said drones
ENT-008
Entity
Cyberlux Unpaid Employees
Former employees of Cyberlux at the Spring, Texas manufacturing facility who are designated as potential recipients of remaining receivership funds
Page 4 — distribute $469,670.21 to the previous unpaid employees of Cyberlux at the Spring, Texas manufacturing facility, until the funds are exhausted
ENT-009
Entity
Access to Justice Foundation
Organization designated to receive any fractional remaining funds from the receivership distribution
Page 4 — Any remaining funds such as fractional cents, interest accrued during distribution, or small calculation errors shall be forwarded to the Access to Justice Foundation by the Receiver
EVT-001
Event
Physical Seizure of K8 Drones
Receiver Robert Berleth entered Cyberlux manufacturing facility over three months (May, June, July 2025) and took physical possession of Cyberlux-manufactured K8 drones, conducted complete inventory, and arranged transport
Page 2 — Per Court Order, in May, June, and July, 2025, the Receiver entered Cyberlux manufacturing facility and took physical possession of Cyberlux manufactured K8 drones. At significant expense and effort, the Receiver then orchestrated a complete inventory, transport of the drones
EVT-002
Event
Delivery of Drones to U.S. Government
Receiver delivered seized K8 drones to a U.S. government facility under a sale and/or fulfillment contract, establishing basis for follow-on receivership fees in Virginia Interpleader
Page 2 — delivery to a US government facility in sale and/or fulfillment contract for said drones. Thus, the drones and any follow-on funds from sale or fulfilment thereof are subject to corresponding Receivership Order, including the Receiver's fees under Bergeron in the Virginia Interpleader
EVT-003
Event
Comprehensive Settlement Agreement
All parties (Atlantic Wave Holdings, Secure Community, Cyberlux Corporation, and Mark D. Schmidt) reached a mutual settlement and release of all court judgments, fully, finally, and completely settling all claims
Page 2 — That no further need for the Receiver is needed due to the reflecting Parties agreed mutual settlement and release of all court judgments, between Atlantic Wave Holdings, LLC, Secure Community, LLC, Cyberlux Corporation, and Mark D. Schmidt. Because the parties have fully, finally, and completely settled all claims between them, this order deems all judgments and claims between the parties fully and finally satisfied
EVT-004
Event
Receivership Termination Order
Court order signed June 3, 2026, terminating the receivership and ordering distribution of collected funds, filed June 1, 2026
Page 1, 3, 5 — Filed: 6/1/2026 12:00 AM... ORDER TO DISTRIBUTE FUNDS AND TERMINATE RECEIVERSHIP... That the Receivership, and that all duties, rights, and obligations entreby fully and completely TERMINATED, effective the date of entry below. The Receiver is released... Signed: 6/3/2026
EVT-005
Event
Prior Distribution to Atlantic Waves
Receiver previously distributed $873,849.02 to Atlantic Waves Holdings, LLC under earlier court orders
Page 4 — The Receiver has distributed $873,849.02 under previous orders of the court to Atlantic Waves Holdings, LLC
CLM-001
Claim
Receiver's Report Accuracy
Court finds that the Receiver's report is whole, complete, and unbiased, accepting it as accurate findings and conclusions of law, including amounts collected and to be distributed
Page 1 — That the Receiver's report is whole, complete, and unbiased. The Court accepts the report as accurate findings and conclusions of law, including the amounts collected and to be distributed
CLM-002
Claim
Receiver Fulfilled Oath and Duties
Court finds that the Receiver fulfilled his oath by performing duties in an economical, effective, and efficient manner
Page 1 — That the Receiver has fulfilled his oath, by performing his duties in an economico effective, and efficient manner
CLM-003
Claim
Receiver Fees Reasonable Under Bergeron
Court finds that Receiver's fees and expenses are reasonable and customary for similar legal services in Harris County, Texas, meeting Moyer elements and Bergeron factors for compensation as a 33% contingency fee
Page 1 — That the Receiver's fees and expenses are reasonable and customary for similar legal services in and around Harris County, Texas. The Moyer elements are met. The Receiver effectively performed his duty and has met the Bergeron factors for compensation as a 33% contingency fee
CLM-004
Claim
Settlement Causation by Receiver
Court finds that the parties' full and final settlement would not have occurred but for the actions and efforts by the Receiver
Page 2 — Pursuant to the Joint Motion by the Parties, they have fully and finally settled all claims, and this settlement would not have occurred but for the actions and efforts by the Receiver
CLM-005
Claim
Court Retains Plenary Power
Court finds that no appellate orders have superseded its authority and it retains plenary power to enforce the action
Page 2 — No appellate orders have superseded this Court's authority to rule upon the issues presented. The Court retains plenary power to enforce this action
CLM-006
Claim
Receiver Testimony Credible
Court finds the Receiver's testimony regarding fees well taken and credible, and admits Receiver's exhibits regarding necessary expenses
Page 2 — The Receiver's testimony regarding his fees is well taken and found to be credible. The Receiver's exhibits regarding his necessary expenses are admitted
CLM-007
Claim
Judgment Collected in Full
Court orders that the Receiver has collected the judgment in full as ordered, entitling him to fees and expenses of $3,083,639.75 (33% of amount collected)
Page 3 — That the Receiver has collected the judgment in full as ordered. The Receiver is entitled to his fees and expenses under Bergeron as requested in the amount of 33% of the amount collected, $3,083,639.75
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
8 nodes
QUO-001
Quotation
Settlement Would Not Have Occurred But For Receiver
Court's finding attributing causation of settlement to the Receiver's efforts
Page 2 — this settlement would not have occurred but for the actions and efforts by the Receiver
TEN-001
Tension
Serial Receivership Without Interruption
Court notes that terminating this receivership will animate the next serial receivership, with Cyberlux remaining under receivership without interruption in a separate case
Page 3 — The Court takes judicial notice that the termination of this receivership will animate the next serial receivership. Cyberlux will remain under receivership without interruption pending further orders in that case
TEN-002
Tension
Virginia Interpleader and Follow-On Fees
The order notes that drones and any follow-on funds from their sale or fulfillment are subject to a corresponding Receivership Order in Virginia, including the Receiver's fees under Bergeron, suggesting ongoing litigation over drone proceeds
Page 2 — Thus, the drones and any follow-on funds from sale or fulfilment thereof are subject to corresponding Receivership Order, including the Receiver's fees under Bergeron in the Virginia Interpleader
TEN-003
Tension
Distribution Contingency: Employees vs. Next Receivership
Remaining funds of $469,670.21 have a hierarchical distribution plan: first to next receivership if present, otherwise to unpaid Cyberlux employees, creating uncertainty about ultimate recipients
Page 4 — Receiver distribute the remaining funds in the amount of $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
QST-001
Question
Total Amount Collected by Receiver
What was the total amount collected by the Receiver from which the 33% contingency fee was calculated?
Page 3 — The Receiver is entitled to his fees and expenses under Bergeron as requested in the amount of 33% of the amount collected, $3,083,639.75
QST-002
Question
Nature of Virginia Interpleader
What is the Virginia Interpleader referenced in relation to the K8 drones and follow-on receivership fees?
Page 2 — the drones and any follow-on funds from sale or fulfilment thereof are subject to corresponding Receivership Order, including the Receiver's fees under Bergeron in the Virginia Interpleader
QST-003
Question
Nature and Timing of Next Receivership
What is the nature of the 'next serial receivership' that Cyberlux will enter without interruption, and when was it initiated?
Page 3 — The Court takes judicial notice that the termination of this receivership will animate the next serial receivership. Cyberlux will remain under receivership without interruption pending further orders in that case
QST-004
Question
Number and Identity of Unpaid Employees
How many unpaid employees from the Cyberlux Spring, Texas facility would be entitled to share the $469,670.21 if funds are not transferred to next receivership?
Page 4 — distribute $469,670.21 to the previous unpaid employees of Cyberlux at the Spring, Texas manufacturing facility, until the funds are exhausted
Stage 4
Interpretive — Inferences, Omissions, Patterns
6 nodes
INF-001
Inference
Total Receivership Collection Approximately $9.3M
Based on the 33% contingency fee structure, if $3,083,639.75 represents 33% of collected amount, the total collection was approximately $9,344,666.21
Page 3, 4 — The Receiver is entitled to his fees and expenses under Bergeron as requested in the amount of 33% of the amount collected, $3,083,639.75... The Receiver has distributed $873,849.02 under previous orders... Receiver disburse $722,728.68... expenses... Receiver disburse $1,017,601.11 as the Receiver's Fee... Receiver distribute the remaining funds in the amount of $469,670.21
INF-002
Inference
Government Contract Likely Source of Major Recovery
The substantial funds collected and the receiver's significant effort to inventory and deliver K8 drones to a U.S. government facility suggest the government contract was a primary or significant source of recovery funds
Page 2, 3 — At significant expense and effort, the Receiver then orchestrated a complete inventory, transport of the drones, and delivery to a US government facility in sale and/or fulfillment contract for said drones... That the Receiver has collected the judgment in full as ordered
INF-003
Inference
Receiver's Actions Created Settlement Leverage
The court's explicit finding that settlement would not have occurred without receiver's actions, combined with the seizure of drones and collection in full, suggests receiver's aggressive asset recovery created pressure leading to settlement
Page 2, 3 — this settlement would not have occurred but for the actions and efforts by the Receiver... the Receiver entered Cyberlux manufacturing facility and took physical possession of Cyberlux manufactured K8 drones... That the Receiver has collected the judgment in full as ordered
OMI-001
Omission
Settlement Terms Undisclosed
The order states parties reached comprehensive settlement resolving all claims but does not disclose any settlement terms, consideration exchanged, or specific obligations undertaken by parties
Page 2 — Because the parties have fully, finally, and completely settled all claims between them, this order deems all judgments and claims between the parties fully and finally satisfied
OMI-002
Omission
Original Judgment Amount Unstated
The order does not specify the original judgment amount against Cyberlux and Schmidt that formed the basis for the receivership
Page 1 — ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors, V. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants, Judgment-Debtors
OMI-003
Omission
Government Contract Details Undisclosed
The order references delivery to U.S. government facility under sale/fulfillment contract but provides no details about contract terms, amount, delivery status, or which government agency
Page 2 — delivery to a US government facility in sale and/or fulfillment contract for said drones
Extracted text
5 pages · 6305 charactersFiling Header
Marilyn Burgess - District Clerk Harris County Envelope No. 115542213 By: Shanelle Taylor Filed: 6/1/2026 12:00 AM Pgs-5
CAUSE NO. 2024-48085
ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors,
V.
CYBERLUX CORPORATION and § MARK D. SCHMIDT, individually, Defendants, Judgment-Debtors. §
§ IN THE DISTRICT COURT
§
§ § § § 129TH JUDICIAL COURT
§ IN AND FOR HARRIS COUNTY, TEXAS
DISFX DIREX
ORDER TO DISTRIBUTE FUNDS AND TERMINATE RECEIVERSHIP
Following approximately twelve months of receivership by Receiver Robert Berleth, and after review of the Receiver's Report, relevant statutory and case law, and the arguments of counsel, the Court is of the opinion that the motion should be in all things GRANTED. Therefore:
The Court FINDS:
1)
That the Receiver's report is whole, complete, and unbiased. The Court accepts the report as accurate findings and conclusions of law, including the amounts collected and to be distributed.
2)
That the Receiver has fulfilled his oath, by performing his duties in an economico effective, and efficient manner;
3)
That the Receiver's fees and expenses are reasonable and customary for similar legal services in and around Harris County, Texas. The Moyer elements are met. The Receiver effectively performed his duty and has met the Bergeron factors for compensation as a 33% contingency fee;
nunca TOP Price of Marily &Burgers District Clerk
4)
Per Court Order, in May, June, and July, 2025, the Receiver entered Cyberlux manufacturing facility and took physical possession of Cyberlux manufactured K8 drones. At significant expense and effort, the Receiver then orchestrated a complete inventory, transport of the drones, and delivery to a US government facility in sale and/or fulfillment contract for said drones. Thus, the drones and any follow-on funds from sale or fulfilment thereof are subject to corresponding Receivership Order, including the Receiver's fees under Bergeron in the Virginia Interpleader; 5) That no further need for the Receiver is needed due to the reflecting Parties agreed mutual settlement and release of all court judgments, between Atlantic Wave Holdings, LLC, Secure Community, LLC, Cyberlux Corporation, and Mark D. Schmidt. Because the parties have fully, finally, and completely settled all claims between them, this order deems all judgments and claims between the parties fully and finally satisfied;
6)
No appellate orders have superseded this Court's authority to rule upon the issues presented. The Court retains plenary power to enforce this action;
7)
The Receiver's testimony regarding his fees is well taken and found to be credible. The Receiver's exhibits regarding his necessary expenses are admitted. Pursuant to the Joint Motion by the Parties, they have fully and finally settled all claims, and this settlement would not have occurred but for the actions and efforts by the Receiver;
8)
The Court takes judicial notice that the termination of this receivership will animate the next serial receivership. Cyberlux will remain under receivership without interruption pending further orders in that case;
THEREFORE, The Court ORDERS the following:
9)
That the Receiver has collected the judgment in full as ordered. The Receiver is entitled to his fees and expenses under Bergeron as requested in the amount of 33% of the amount collected, $3,083,639.75.
10)
That the Receivership, and that all duties, rights, and obligations entreby fully and completely TERMINATED, effective the date of entry below. The Receiver is released;
11)
The Court ORDERS that any party appealing this order shall post an appellate (supersedeas) bond in the amount of $150,000.00 (one hundred fifty thousand dollars) to cover anticipated appellate costs, pending appeal. The bond may be posted in cash or by an approved surety authorized to do business in Texas, and shall be filed with the Clerk of this Court within 14 days of this Order. Upon filing of the required bond, the litigation shall be stayed in accordance with Texas Rule of Appellate Procedure 24 and applicable law. The Clerk is authorized to accept the bond, issue any necessary receipts or certificates, and take any administrative action necessary to effectuate the stay; if the Court requires a different form of security, the appealing party is granted leave to post such alternative security in conformity with the Court's directions.
12)The Clerk is ORDERED to distribute the Receiver's bond back to the receiver in accordance with normal procedures to: Berleth & Associates, PLLC 9950 Cypresswood Dr., Ste. 200 Houston, Texas 77070
13)
Within 14 days of the expiration of any applicable appellate window, the Receiver is ORDERED to distribute collected monies as follows:
a. The Receiver has distributed $873,849.02 under previous orders of the court to Atlantic Waves Holdings, LLC
b. Receiver disburse $722,728.68 to the Berleth & Associates, PLLC 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 to Berleth & Associates, PLLC as the Receiver's Fee to be taxed as a cost of court.
d. Receiver distribute the remaining funds in the amount of $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.
14)Any remaining funds such as fractional cents, interest accrued during distribution, or small calculation errors shall be forwarded to the Access to Justice Foundation by the Receiver.
15)Any and all other relief not expressly granted herein is denied.
16)This order is final and appealable.
SIGNED AND ENTERED:
Unofficial Copy Office of Marilyn Burgess Diğerict Clerk
Signed: 6/3/2026
Michael Sin
Hon. Michael Gomez JUDGE PRESIDING
Original source file
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