Evidence Record
Order Granting Plaintiffs’ Motion to Compel
12/11/2024 11:30 AM Marilyn Burgess - District Clerk Harris County Envelope No. 95193103 By: Chancesas Ougrah Filed: 12/11/2024 11:30 AM
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
Court Order
Total Nodes
23
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 129th Judicial District Court, Harris County, Texas Civil Litigation - Post-Judgment Collection 2024-12-11
court_ordermotion_granteddeposition_compelleddeadline_imposed
Analytical Frame
Discovery Enforcement
Analytical Summary
This court order from the 129th Judicial District Court in Harris County, Texas grants plaintiffs' motion to compel discovery in a post-judgment collection case. The case involves Atlantic Wave Holdings, LLC and Secure Community, LLC as judgment creditors seeking enforcement against Cyberlux Corporation and Mark Schmidt. The court orders defendants' counsel to produce three individuals for deposition within 21 days: Neil Whitely, Phillip Tucker, and Mark Schmidt himself. The order was filed on December 11, 2024, indicating ongoing discovery disputes in the enforcement phase of this litigation.
Key Points
- Motion to Compel granted in favor of plaintiffs Atlantic Wave Holdings and Secure Community
- Three individuals ordered to be made available for deposition: Neil Whitely, Phillip Tucker, and Mark Schmidt
- 21-day deadline imposed from date of order for deposition availability
- Case involves post-judgment collection efforts against Cyberlux Corporation and Mark Schmidt
- Order filed December 11, 2024 in Harris County 129th Judicial District Court
Stage 2
Core — Entities, Events, Claims
12 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC - Plaintiff and Judgment-Creditor in civil litigation case 2024-48085
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor
ENT-002
Entity
Secure Community, LLC
Secure Community, LLC - Co-plaintiff and Judgment-Creditor in civil litigation case 2024-48085
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor
ENT-003
Entity
Cyberlux Corporation
Cyberlux Corporation - Defendant and Judgment-Debtor in civil litigation case 2024-48085
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors.
ENT-004
Entity
Mark Schmidt
Mark Schmidt - Individual defendant and Judgment-Debtor, subject to deposition order
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors.
ENT-005
Entity
Neil Whitely
Neil Whitely - Individual ordered to be made available for deposition by defendants' counsel
Page 1 — Defendants' Counsel shall make Mr. Neil Whitely, Mr. Phillip Tucker and Mr. Schmidt available for deposition
ENT-006
Entity
Phillip Tucker
Phillip Tucker - Individual ordered to be made available for deposition by defendants' counsel
Page 1 — Defendants' Counsel shall make Mr. Neil Whitely, Mr. Phillip Tucker and Mr. Schmidt available for deposition
ENT-007
Entity
Shawn M. Grady
Shawn M. Grady - Attorney representing plaintiffs, State Bar Number 24076411
Page 1 — By: /s/ Shawn M. Grady Shawn M. Grady SBN 24076411 shawn@gradycollectionlaw.com
ENT-008
Entity
129th Judicial District Court
129th Judicial District Court of Harris County, Texas - Court issuing the order granting motion to compel
Page 1 — IN THE DISTRICT COURT OF 129th JUDICIAL DISTRICT HARRIS COUNTY, TEXAS
EVT-001
Event
Motion to Compel Granted
The Court granted Plaintiffs' Motion to Compel, finding the motion had merit and ordering it granted in all things on December 11, 2024
Page 1 — The Court, after considering Plaintiffs' Motion to Compel, finds that the motion has merit and should be and is in all things GRANTED.
EVT-002
Event
Order Filed
Court order filed with Harris County District Clerk on December 11, 2024 at 11:30 AM by Chancesas Ougrah, envelope number 95193103
Page 1 — Marilyn Burgess - District Clerk Harris County Envelope No. 95193103 By: Chancesas Ougrah Filed: 12/11/2024 11:30 AM
EVT-003
Event
Deposition Order with 21-Day Deadline
Court ordered defendants' counsel to make Neil Whitely, Phillip Tucker, and Mark Schmidt available for deposition within 21 days of the order date
Page 1 — ORDERED that Defendants' Counsel shall make Mr. Neil Whitely, Mr. Phillip Tucker and Mr. Schmidt available for deposition no later than 21 days after the date of this Order.
CLM-001
Claim
Post-Judgment Creditor Status
Atlantic Wave Holdings, LLC and Secure Community, LLC are identified as judgment-creditors against Cyberlux Corporation and Mark Schmidt
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor V. CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
6 nodes
TLL-001
Tell
Merit Finding Language
The court's determination uses definitive language that the motion 'has merit' as the basis for granting it, indicating substantive evaluation of the underlying dispute
Page 1 — The Court, after considering Plaintiffs' Motion to Compel, finds that the motion has merit and should be and is in all things GRANTED.
TLL-002
Tell
Counsel Responsibility Language
The order places the obligation on 'Defendants' Counsel' rather than the defendants themselves to produce the deponents, indicating attorney responsibility for compliance
Page 1 — ORDERED that Defendants' Counsel shall make Mr. Neil Whitely, Mr. Phillip Tucker and Mr. Schmidt available for deposition
TEN-001
Tension
Discovery Resistance
The need for a court order to compel depositions indicates defendants resisted or failed to cooperate with discovery requests voluntarily, requiring judicial intervention
Page 1 — The Court, after considering Plaintiffs' Motion to Compel, finds that the motion has merit
QST-001
Question
Relationship of Whitely and Tucker to Case
The document does not explain the relationship of Neil Whitely and Phillip Tucker to the parties or why their depositions are relevant to the judgment collection proceeding
Page 1 — Defendants' Counsel shall make Mr. Neil Whitely, Mr. Phillip Tucker and Mr. Schmidt available for deposition
QST-002
Question
Underlying Judgment Details
The order refers to plaintiffs as 'Judgment-Creditor' and defendants as 'Judgment-Debtors' but does not specify the nature, amount, or date of the underlying judgment being enforced
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor V. CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors.
QST-003
Question
Order Signing Date Ambiguity
The order contains a signature line with 'SIGNED this the ___ day of December 2024' but the blank day is not filled in, though the filing date is December 11, 2024
Page 1 — SIGNED this the day of December 2024. PRESIDING JUDGE
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Collection Law Specialization
The attorney's email domain 'gradycollectionlaw.com' suggests specialization in collection matters, consistent with representation in a post-judgment enforcement case
Page 1 — shawn@gradycollectionlaw.com
INF-002
Inference
Asset Discovery Purpose
In a post-judgment collection context, depositions are typically used to locate assets, income sources, or financial information for judgment satisfaction purposes
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor
INF-003
Inference
Prior Judgment Exists
The designation of parties as 'Judgment-Creditor' and 'Judgment-Debtors' indicates a prior court judgment was entered in favor of the plaintiffs, and this proceeding relates to enforcement
Page 1 — Plaintiff/Judgment-Creditor V. CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors.
OMI-001
Omission
No Opposition Arguments Detailed
The order states it granted the motion after considering it, but does not describe any arguments defendants made in opposition or why those arguments failed
Page 1 — The Court, after considering Plaintiffs' Motion to Compel, finds that the motion has merit
OMI-002
Omission
No Sanctions or Consequences Specified
The order establishes a 21-day deadline but does not specify consequences for non-compliance with the deposition order
Page 1 — ORDERED that Defendants' Counsel shall make Mr. Neil Whitely, Mr. Phillip Tucker and Mr. Schmidt available for deposition no later than 21 days after the date of this Order.
Extracted text
1 pages · 1164 charactersFiling Header
12/11/2024 11:30 AM Marilyn Burgess - District Clerk Harris County Envelope No. 95193103 By: Chancesas Ougrah Filed: 12/11/2024 11:30 AM
CAUSE NO. 2024-48085
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC,
§ § § Plaintiff/Judgment-Creditor
V. CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors.
o cos cos los cos los cos cos
IN THE DISTRICT COURT OF
129th JUDICIAL DISTRICT
§ § HARRIS COUNTY, TEXAS
ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL
The Court, after considering Plaintiffs' Motion to Compel, finds that the motion has merit and should be and is in all things GRANTED. It is therefore,
ORDERED that Plaintiffs' Motion to Compel is hereby GRANTED; It is further,
ORDERED that Defendants' Counsel shall make Mr. Neil Whitely, Mr. Phillip Tucker and Mr. Schmidt available for deposition no later than 21 days after the date of this Order.
SIGNED this the day of December 2024.
PRESIDING JUDGE
LAW FIRM OF SHAWN M. GRADY, PLLC By: /s/ Shawn M. Grady Shawn M. Grady SBN 24076411 shawn@gradycollectionlaw.com 2100 West Loop South, Ste. 805 Houston, Texas 77027 Phone (832) 692-4542 Fax (832) 565-1796
ATTORNEY FOR PLAINTIFF
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