Evidence Record
Order Denying Judgment- Debtors’ Request for Protective Order
12/11/2024 12:00 PM Marilyn Burgess - District Clerk Harris County Envelope No. 95195813 By: Chancesas Ougrah Filed: 12/11/2024 12:00 PM
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
Court Order
Total Nodes
19
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 debt collection proceedings 2024-12-11
protective_order_denieddeposition_proceedingjudgment_enforcement
Analytical Frame
Procedural motion denial in judgment enforcement action
Analytical Summary
This court order documents the denial of a protective order request by judgment-debtors Cyberlux Corporation and Mark Schmidt in a debt collection case. The 129th Judicial District Court in Harris County denied defendants' motion for protection from discovery proceedings, specifically depositions sought by judgment-creditors Atlantic Wave Holdings, LLC and Secure Community, LLC. The court directed defendants to raise objections during the deposition itself and seek subsequent relief if necessary, rather than granting pre-deposition protection. This reflects a procedural preference for addressing discovery disputes in real-time rather than through preventive orders.
Key Points
- Protective order request denied by 129th Judicial District Court
- Judgment-debtors must raise objections during deposition proceedings
- Case involves post-judgment debt collection enforcement
- Court preserves defendants' right to seek relief after deposition if needed
Stage 2
Core — Entities, Events, Claims
11 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC is identified as a plaintiff and judgment-creditor in this enforcement action.
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor
ENT-002
Entity
Secure Community, LLC
Secure Community, LLC is identified as a 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
Cyberlux Corporation is identified as a defendant and judgment-debtor in this enforcement proceeding.
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors
ENT-004
Entity
Mark Schmidt
Mark Schmidt is identified individually as a defendant and judgment-debtor alongside Cyberlux Corporation.
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors
ENT-005
Entity
129th Judicial District Court
The 129th Judicial District Court of Harris County, Texas is the judicial body issuing this order.
Page 1 — IN THE DISTRICT COURT OF 129th JUDICIAL DISTRICT HARRIS COUNTY, TEXAS
ENT-006
Entity
Shawn M. Grady
Shawn M. Grady is the attorney representing the plaintiffs/judgment-creditors, affiliated with Law Firm of Shawn M. Grady, PLLC.
Page 1 — LAW FIRM OF SHAWN M. GRADY, PLLC By: /s/ Shawn M. Grady Shawn M. Grady SBN 24076411 shawn@gradycollectionlaw.com
EVT-001
Event
Filing of document
The order was filed on December 11, 2024 at 12:00 PM by the Harris County District Clerk's office.
Page 1 — 12/11/2024 12:00 PM Marilyn Burgess - District Clerk Harris County Envelope No. 95195813 By: Chancesas Ougrah Filed: 12/11/2024 12:00 PM
EVT-002
Event
Request for protective order
Judgment-debtors filed a request for a protective order, which the court considered prior to issuing this denial.
Page 1 — The Court, after considering Judgment-Debtors' Request for Protective Order, finds that the motion is hereby Denied.
EVT-003
Event
Denial of protective order
The court denied the defendants' request for a protective order and ordered that objections be raised at deposition with subsequent relief available if needed.
Page 1 — ORDERED that Defendants' request for Protective Order is DENIED. Defendants' can raise their objections at deposition, provide answers to questions and seek relief from the Court if needed
CLM-001
Claim
Judgment-creditor status
Atlantic Wave Holdings, LLC and Secure Community, LLC hold judgment-creditor status against the defendants in this case.
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiff/Judgment-Creditor V. CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors
CLM-002
Claim
Judgment-debtor status
Cyberlux Corporation and Mark Schmidt are identified as judgment-debtors, indicating a prior judgment exists against them.
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
4 nodes
TEN-001
Tension
Discovery protection vs. enforcement rights
The order reveals tension between defendants' attempt to limit discovery through a protective order and the judgment-creditors' rights to conduct post-judgment discovery to enforce their judgment.
Page 1 — The Court, after considering Judgment-Debtors' Request for Protective Order, finds that the motion is hereby Denied. It is therefore, ORDERED that Defendants' request for Protective Order is DENIED.
QST-001
Question
Grounds for protective order request
What specific grounds did the judgment-debtors assert in their request for a protective order that the court considered and denied?
Page 1 — The Court, after considering Judgment-Debtors' Request for Protective Order, finds that the motion is hereby Denied.
QST-002
Question
Nature of underlying judgment
What is the nature and amount of the underlying judgment that establishes the creditor-debtor relationship in this enforcement action?
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
Date of court order signing
On what specific date in December 2024 was this order signed by the presiding judge?
Page 1 — SIGNED this the day of December 2024. PRESIDING JUDGE
Stage 4
Interpretive — Inferences, Omissions, Patterns
4 nodes
INF-001
Inference
Post-judgment discovery proceeding
The case is in post-judgment enforcement phase where creditors are conducting discovery depositions to locate assets or enforce the judgment, and debtors sought unsuccessfully to limit this discovery.
Page 1 — Plaintiff/Judgment-Creditor V. CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendant/Judgment-Debtors. The Court, after considering Judgment-Debtors' Request for Protective Order, finds that the motion is hereby Denied. Defendants' can raise their objections at deposition, provide answers to questions and seek relief from the Court if needed
INF-002
Inference
Court's procedural preference
The court demonstrates a preference for addressing discovery disputes through real-time objections during depositions rather than pre-deposition protective orders, while preserving defendants' ability to seek subsequent relief.
Page 1 — ORDERED that Defendants' request for Protective Order is DENIED. Defendants' can raise their objections at deposition, provide answers to questions and seek relief from the Court if needed
OMI-001
Omission
Missing protective order arguments
The order does not provide any detail about the specific arguments or legal grounds the judgment-debtors raised in their protective order request, making it impossible to assess the merits of their concerns.
Page 1 — The Court, after considering Judgment-Debtors' Request for Protective Order, finds that the motion is hereby Denied.
OMI-002
Omission
Unsigned order
The order contains a signature block for the presiding judge but the specific date line is blank, indicating this may be a draft or template version prior to judicial signature.
Page 1 — SIGNED this the day of December 2024. PRESIDING JUDGE
Extracted text
1 pages · 1160 charactersFiling Header
12/11/2024 12:00 PM Marilyn Burgess - District Clerk Harris County Envelope No. 95195813 By: Chancesas Ougrah Filed: 12/11/2024 12:00 PM
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.
IN THE DISTRICT COURT OF
§ § § g
129th JUDICIAL DISTRICT
& Š & & § S HARRIS COUNTY, TEXAS
ORDER DENYING JUDGEMNT- DEBTORS' REQUEST FOR PROTECTIVE ORDER
anofficial Copy Office Of Marifin Bulessonistrict Clen
The Court, after considering Judgment-Debtors' Request for Protective Order, finds that the motion is hereby Denied. It is therefore,
ORDERED that Defendants' request for Protective Order is DENIED. Defendants' can raise their objections at deposition, provide answers to questions and seek relief from the Court if needed; It is further,
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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