Evidence Record
Proposed Order Denying Defendants’ Motion for Stay and for Extension of Stay
12/5/2024 1:56 PM Marilyn Burgess - District Clerk Harris County Envelope No. 94987070 By: Chancesas Ougrah Filed: 12/5/2024 1:56 PM Pgs-3
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
Court Order
Total Nodes
17
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 Harris County District Court, 129th Judicial District Civil Litigation - Commercial Dispute December 5-9, 2024
procedural_denialsigned_orderbilateral_motion_denial
Analytical Frame
Judicial ruling on procedural motions
Analytical Summary
This is a signed court order from the 129th Judicial District Court of Harris County, Texas, denying two defense motions in a commercial litigation case. The case involves Atlantic Waves Holdings LLC and Secure Community LLC as plaintiffs against Cyberlux Corporation and Mark D. Schmidt. Judge Michael Romy denied both the defendants' Motion for Stay and Motion for Extension of Stay on December 9, 2024. The order was filed by the District Clerk on December 5, 2024, with the approved form submitted by Bruce C. Tough of Tough Law Firm representing the plaintiff Atlantic Waves Holdings.
Key Points
- Both defendants' Motion for Stay and Motion for Extension of Stay were denied
- Order signed by Judge Michael Romy on December 9, 2024
- Case involves commercial dispute between Atlantic Waves Holdings/Secure Community and Cyberlux/Schmidt
- Litigation proceeding in Harris County 129th Judicial District Court
Stage 2
Core — Entities, Events, Claims
11 nodes
ENT-001
Entity
Atlantic Waves Holdings, LLC
Atlantic Waves Holdings, LLC - Plaintiff entity in commercial litigation case no. 2024-48085
Page 1 — ATLANTIC WAVES HOLDINGS, LLC and SECURE COMMUNITY, LLC Plaintiff,
ENT-002
Entity
Secure Community, LLC
Secure Community, LLC - Co-plaintiff entity in commercial litigation case no. 2024-48085
Page 1 — ATLANTIC WAVES HOLDINGS, LLC and SECURE COMMUNITY, LLC Plaintiff,
ENT-003
Entity
Cyberlux Corporation
Cyberlux Corporation - Defendant entity in commercial litigation case no. 2024-48085
Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually Defendants.
ENT-004
Entity
Mark D. Schmidt
Mark D. Schmidt - Individual defendant in commercial litigation case no. 2024-48085
Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually Defendants.
ENT-005
Entity
Judge Michael Romy
Judge Michael Romy - Presiding Judge of the 129th Judicial District Court, Harris County, Texas
Page 1 — Signed: Michael Romy 12/9/2024 PRESIDING JUDGE
ENT-006
Entity
Bruce C. Tough / Tough Law Firm
Bruce C. Tough of Tough Law Firm, PLLC - Attorney representing plaintiff Atlantic Waves Holdings, LLC
Page 2 — TOUGH LAW FIRM, PLLC /s/ Bruce C. Tough Bruce C. Tough 819 Crossbridge Drive Spring, Texas 77373 Tel. (281) 681-0808 Fax. (281) 681-0809 Email: service@toughlawfirm.net Attorney for Plaintiff Atlantic Waves Holdings, LLC
ENT-007
Entity
129th Judicial District Court
129th Judicial District Court of Harris County, Texas - Court with jurisdiction over case no. 2024-48085
Page 1 — 129TH JUDICIAL COURT S § § HARRIS COUNTY, TEXAS
EVT-001
Event
Filing of Court Order
Court order filed with Harris County District Clerk on December 5, 2024 at 1:56 PM under envelope no. 94987070
Page 1 — 12/5/2024 1:56 PM Marilyn Burgess - District Clerk Harris County Envelope No. 94987070 By: Chancesas Ougrah Filed: 12/5/2024 1:56 PM Pgs-3
EVT-002
Event
Signing of Court Order
Judge Michael Romy signed the court order on December 9, 2024, denying both defense motions
Page 1 — SIGNED this the day of December, 2024. Signed: Michael Romy 12/9/2024 PRESIDING JUDGE
CLM-001
Claim
Denial of Motion for Stay
The Court denied Defendants' Motion for Stay after consideration
Page 1 — The Court, after considering Defendants' Motion for Stay and Motion for Extension of Stay, finds that the motions should be and is in all things DENIED. It is therefore, ORDERED that Plaintiffs' Motion to Stay is hereby DENIED;
CLM-002
Claim
Denial of Motion for Extension of Stay
The Court denied Defendants' Motion for Extension of Stay after consideration
Page 1 — The Court, after considering Defendants' Motion for Stay and Motion for Extension of Stay, finds that the motions should be and is in all things DENIED. It is further ORDERED that Defendants Motion to Extend the Stay is hereby DENIED.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
2 nodes
QST-001
Question
Textual Inconsistency in Motion Attribution
There is a textual inconsistency in the order: the first denial refers to 'Plaintiffs' Motion to Stay' but the context establishes these are defendants' motions being denied. This may be a clerical error in the drafted order.
Page 1 — It is therefore, ORDERED that Plaintiffs' Motion to Stay is hereby DENIED; It is further ORDERED that Defendants Motion to Extend the Stay is hereby DENIED.
TEN-001
Tension
Defendants Seeking Delay vs. Court Ordering Proceeding
The defendants sought to pause litigation through both a stay motion and an extension, but the court rejected both requests, creating a procedural tension where defendants wanted time and the court denied it.
Page 1 — The Court, after considering Defendants' Motion for Stay and Motion for Extension of Stay, finds that the motions should be and is in all things DENIED.
Stage 4
Interpretive — Inferences, Omissions, Patterns
4 nodes
INF-001
Inference
Procedural Consequence of Denial
The denial of both the stay and extension motions means litigation will proceed without pause, allowing the plaintiffs to continue pursuing their claims against the defendants without procedural delay.
Page 1 — The Court, after considering Defendants' Motion for Stay and Motion for Extension of Stay, finds that the motions should be and is in all things DENIED.
OMI-001
Omission
No Reasoning Provided for Denial
The order provides no explanation or legal reasoning for why the motions were denied, stating only that the court considered them and found they should be denied 'in all things'.
Page 1 — The Court, after considering Defendants' Motion for Stay and Motion for Extension of Stay, finds that the motions should be and is in all things DENIED.
OMI-002
Omission
Nature of Underlying Dispute Not Disclosed
The order does not describe the nature of the commercial dispute between the parties, the claims being asserted, or the basis for the lawsuit.
Page 1 — CAUSE NO. 2024-48085 ATLANTIC WAVES HOLDINGS, LLC and SECURE COMMUNITY, LLC Plaintiff, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually Defendants.
OMI-003
Omission
Prior Stay Status Unclear
The reference to 'Motion for Extension of Stay' implies there may have been a prior stay in effect, but the document does not confirm whether a stay was previously granted or provide its terms.
Page 1 — The Court, after considering Defendants' Motion for Stay and Motion for Extension of Stay
Extracted text
3 pages · 1264 charactersFiling Header
12/5/2024 1:56 PM Marilyn Burgess - District Clerk Harris County Envelope No. 94987070 By: Chancesas Ougrah Filed: 12/5/2024 1:56 PM Pgs-3
CAUSE NO. 2024-48085
ATLANTIC WAVES HOLDINGS, LLC and SECURE COMMUNITY, LLC Plaintiff,
v. CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually Defendants.
§ IN THE DISTRICT COURT
STPRY
§ § 129TH JUDICIAL COURT
S §
§ HARRIS COUNTY, TEXAS
PROPOSED ORDER DENYING DEFENDANTS' MOTION FOR STAY AND FOR EXTENSION OF STAY
The Court, after considering Defendants' Motion for Stay and Motion for Extension of Stay, finds that the motions should be and is in all things DENIED.
It is therefore, ORDERED that Plaintiffs' Motion to Stay is hereby DENIED; It is further ORDERED that Defendants Motion to Extend the Stay is hereby DENIED.
SIGNED this the day of December, 2024.
Signed:
Michael Romy
12/9/2024
PRESIDING JUDGE
Unofficial Copy Office of Marilyfo Blarguss District Cfork
APPROVED AS TO FORM
TOUGH LAW FIRM, PLLC
/s/ Bruce C. Tough Bruce C. Tough 819 Crossbridge Drive Spring, Texas 77373 Tel. (281) 681-0808 Fax. (281) 681-0809 Email: service@toughlawfirm.net Attorney for Plaintiff Atlantic Waves Holdings, LLC
Unofficial Copy Office of Marilyn Burgess District Clerk
Unofficial Copy Office of Marilyn Burgess District Clerk
Original source file
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- File
- aw-harris-awh-2024-48085-doc-117924840.pdf
- Source UID
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- Full SHA-256
- 5ead64efca240ab4229a771359fb22323374d761e5afa5ab8a9f7946e750bcc4