Evidence Record

Notice of Second Remand Order

MARK SCHMIDT, Individually, § Defendants/Judgment-Debtors. §

Type
notice
Pages
5
Lines
228
SHA-256
99c09ed54352

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
Legal Notice - Procedural Filing
Total Nodes
22
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 Notice - Procedural Filing Plaintiffs' Counsel (Bell Nunnally & Martin LLP) Post-judgment enforcement litigation in Harris County, Texas 2025-02-12 to 2025-05-14
second_remandattorney_fees_awardedprocedural_repetition
Analytical Frame
Federal-State jurisdictional conflict, repeated removal attempts
Analytical Summary
This notice documents the second remand of a post-judgment enforcement action from federal to state court. Judgment-creditors Atlantic Wave Holdings and Secure Community obtained a first remand on March 27, 2025, after judgment-debtors Cyberlux Corporation and Mark Schmidt removed the case to federal court on February 12, 2025. Despite the first remand, judgment-debtors filed a second notice of removal on April 11, 2025. The federal court again remanded the case on May 14, 2025, and notably granted plaintiffs' request for attorney's fees and costs incurred in responding to the second removal, with supporting documentation due May 19, 2025. The pattern suggests strategic delay tactics by judgment-debtors facing enforcement proceedings.
Key Points
  • Second federal court remand of same case within three months
  • Federal court awarded attorney's fees to plaintiffs for responding to second removal
  • Judgment-debtors filed second removal despite first remand order
  • Case involves post-judgment enforcement proceedings in Harris County
  • Federal court ordered fee documentation submission by May 19, 2025
Stage 2
Core — Entities, Events, Claims
14 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC - Plaintiff and judgment-creditor in post-judgment enforcement action in Harris County, Texas
Page 1 — ATLANTIC WAVE HOLDINGS, LLC ... Plaintiffs/Judgment-Creditors
ENT-002
Entity
Secure Community, LLC
Secure Community, LLC - Plaintiff and judgment-creditor in post-judgment enforcement action in Harris County, Texas
Page 1 — SECURE COMMUNITY, LLC ... Plaintiffs/Judgment-Creditors
ENT-003
Entity
Cyberlux Corporation
Cyberlux Corporation - Defendant and judgment-debtor facing post-judgment enforcement proceedings
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendants/Judgment-Debtors
ENT-004
Entity
Mark Schmidt
Mark Schmidt - Individual defendant and judgment-debtor facing post-judgment enforcement proceedings
Page 1 — CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendants/Judgment-Debtors
ENT-005
Entity
129th Judicial District Court, Harris County
129th Judicial District Court, Harris County, Texas - State court venue for Case No. 2024-48085
Page 1 — IN THE DISTRICT COURT 129th JUDICIAL DISTRICT HARRIS COUNTY, TEXAS
ENT-006
Entity
United States District Court, Southern District of Texas
United States District Court for the Southern District of Texas - Federal court where judgment-debtors twice removed the case
Page 1 — remove this action to the United States District Court for the Southern District of Texas (Federal Court)
EVT-001
Event
First Notice of Removal
February 12, 2025 - Judgment-debtors filed first notice of removal seeking to remove the action to federal court
Page 1 — On February 12, 2025, Judgment-Debtors Cyberlux Corporation and Mark Schmidt (Judgment-Debtors) filed a notice of removal seeking to remove this action to the United States District Court for the Southern District of Texas
EVT-002
Event
First Motion to Remand
February 21, 2025 - Plaintiffs filed motion to remand seeking return of case to state court
Page 1 — Plaintiffs timely filed a motion to remand on February 21, 2025, seeking to remand the action to this Court
EVT-003
Event
First Remand Order
March 27, 2025 - Federal court signed order granting motion to remand and remanding action to state court
Page 1 — The Federal Court conducted a hearing on the motion to remand and subsequently signed an order on March 27, 2025 (First Remand Order), granting the motion and remanding the action to this Court
EVT-004
Event
Second Notice of Removal
April 11, 2025 - Judgment-debtors filed second notice of removal seeking to remove the action to federal court again
Page 2 — On April 11, 2025, Judgment-Debtors filed a second notice of removal seeking to remove this action to the Federal Court
EVT-005
Event
Emergency Motion to Remand
April 22, 2025 - Plaintiffs filed emergency motion to remand seeking return of case to state court and other relief
Page 2 — Plaintiffs timely filed an emergency motion to remand on April 22, 2025, seeking to remand the action to this Court, among other relief
EVT-006
Event
Second Remand Order with Fee Award
May 14, 2025 - Federal court issued memorandum and opinion granting second motion to remand, remanding case to state court, and awarding attorney's fees to plaintiffs
Page 2 — The Federal Court issued a memorandum and opinion on the second motion to remand on May 14, 2025 (Second Remand Order), granting the motion and again remanding the action to this Court. Attached as Exhibit 2 is a true and correct copy of the Second Remand Order. The Second Remand Order also provides: "[Plaintiffs'] request for an award of the attorney's fees and costs incurred in responding to the second removal is granted,"
EVT-007
Event
Notice of Second Remand Filing
May 14, 2025 - Plaintiffs filed notice of second remand order with the state court
Page 1, 3 — Dated: May 14, 2025. Respectfully submitted, By: /s/ David A. Walton ... Filed: 5/14/2025 12:23 PM
CLM-001
Claim
Attorney Fee Award Granted
Federal court granted plaintiffs' request for attorney's fees and costs incurred in responding to the second removal
Page 2 — The Second Remand Order also provides: "[Plaintiffs'] request for an award of the attorney's fees and costs incurred in responding to the second removal is granted,"
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
4 nodes
TEN-001
Tension
Repeated Removal After First Remand
Despite the federal court's first remand order on March 27, 2025, judgment-debtors filed a second notice of removal on April 11, 2025, only 15 days later, creating procedural tension and prompting an emergency motion to remand
Page 1, 2 — The Federal Court conducted a hearing on the motion to remand and subsequently signed an order on March 27, 2025 (First Remand Order), granting the motion and remanding the action to this Court... On April 11, 2025, Judgment-Debtors filed a second notice of removal seeking to remove this action to the Federal Court. Plaintiffs timely filed an emergency motion to remand on April 22, 2025
TEN-002
Tension
Federal Court Sanctions Through Fee Award
The federal court's decision to award attorney's fees and costs specifically for the second removal suggests judicial disapproval of the repeated removal tactic, creating tension between procedural rights and abuse of process
Page 2 — The Second Remand Order also provides: "[Plaintiffs'] request for an award of the attorney's fees and costs incurred in responding to the second removal is granted," for which Plaintiffs are to submit to the Federal Court supporting documentation by May 19, 2025, and Judgment-Debtors may file objections to the documentation by May 26, 2025
QST-001
Question
Legal Basis for Second Removal
What legal basis did judgment-debtors assert for the second removal attempt that distinguished it from the first removal, which was already rejected by the federal court?
Page 2 — On April 11, 2025, Judgment-Debtors filed a second notice of removal seeking to remove this action to the Federal Court. Plaintiffs timely filed an emergency motion to remand on April 22, 2025, seeking to remand the action to this Court, among other relief. Judgment-Debtors filed an opposition to the motion to remand on April 25, 2025
QST-002
Question
Amount of Attorney Fees Sought
What amount of attorney's fees and costs will plaintiffs request in their May 19, 2025 submission to the federal court for responding to the second removal?
Page 2 — [Plaintiffs'] request for an award of the attorney's fees and costs incurred in responding to the second removal is granted, for which Plaintiffs are to submit to the Federal Court supporting documentation by May 19, 2025
Stage 4
Interpretive — Inferences, Omissions, Patterns
4 nodes
INF-001
Inference
Delay Tactic Pattern
The repeated removal attempts despite successful remand suggest a pattern of procedural delay tactics by judgment-debtors to obstruct post-judgment enforcement proceedings
Page 1, 2 — On February 12, 2025, Judgment-Debtors Cyberlux Corporation and Mark Schmidt (Judgment-Debtors) filed a notice of removal... The Federal Court... signed an order on March 27, 2025 (First Remand Order), granting the motion and remanding the action to this Court... On April 11, 2025, Judgment-Debtors filed a second notice of removal
INF-002
Inference
Federal Court Frustration
The federal court's grant of attorney's fees specifically for the second removal indicates judicial frustration with repetitive, unsuccessful jurisdictional challenges and signals that further removal attempts may face sanctions
Page 2 — The Federal Court issued a memorandum and opinion on the second motion to remand on May 14, 2025 (Second Remand Order), granting the motion and again remanding the action to this Court... The Second Remand Order also provides: "[Plaintiffs'] request for an award of the attorney's fees and costs incurred in responding to the second removal is granted,"
OMI-001
Omission
Underlying Judgment Details Absent
The notice does not disclose the nature or amount of the underlying judgment being enforced, the basis of the original claim, or the date of the judgment
Page 1 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC ... Plaintiffs/Judgment-Creditors, V. CYBERLUX CORPORATION and MARK SCHMIDT, Individually, Defendants/Judgment-Debtors
OMI-002
Omission
Substantive Removal Arguments Absent
The notice does not describe the substantive arguments made by judgment-debtors in either removal attempt or the federal court's reasoning for rejecting them
Page 1, 2 — Judgment-Debtors filed an opposition to the motion to remand on March 14, 2025... The Federal Court conducted a hearing on the motion to remand and subsequently signed an order on March 27, 2025 (First Remand Order), granting the motion and remanding the action to this Court

Extracted text

5 pages · 6682 characters

Notice of Second Remand Order — Formatted Extract

Type: notice
Filing Header

ATLANTIC WAVE HOLDINGS, LLC § AND SECURE COMMUNITY, LLC §

Plaintiffs/Judgment-Creditors, §

V.

§ §

§

CYBERLUX CORPORATION and §

MARK SCHMIDT, Individually, § Defendants/Judgment-Debtors. §

IN THE DISTRICT COURT

129th JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

NOTICE OF SECOND REMAND ORDER

Pursuant to 237a of the Texas Rules of Civil Procedure, Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC (Plaintiffs) file this notice of the Federal Court's memorandum and opinion remanding the action to this Court for a second time.

First Remand Order. On February 12, 2025, Judgment-Debtors Cyberlux Corporation and Mark Schmidt (Judgment-Debtors) filed a notice of removal seeking to remove this action to the United States District Court for the Southern District of Texas (Federal Court). Plaintiffs timely filed a motion to remand on February 21, 2025, seeking to remand the action to this Court. Judgment-Debtors filed an opposition to the motion to remand on March 14, 2025, and Plaintiffs filed a reply in support of the motion to remand on March 24, 2025. The Federal Court conducted a hearing on the motion to remand and subsequently signed an order on March 27, 2025 (First Remand Order), granting the motion and remanding the action to this Court. Attached as Exhibit 1 is a true and correct copy of the First Remand Order.

Second Remand Order. On April 11, 2025, Judgment-Debtors filed a second notice of removal seeking to remove this action to the Federal Court. Plaintiffs timely filed an emergency motion to remand on April 22, 2025, seeking to remand the action to this Court, among other relief. Judgment-Debtors filed an opposition to the motion to remand on April 25, 2025, and Plaintiffs filed a reply in support of the motion to remand on April 29, 2025. The Federal Court issued a memorandum and opinion on the second motion to remand on May 14, 2025 (Second Remand Order), granting the motion and again remanding the action to this Court. Attached as Exhibit 2 is a true and correct copy of the Second Remand Order. The Second Remand Order also provides: "[Plaintiffs'] request for an award of the attorney's fees and costs incurred in responding to the second removal is granted," for which Plaintiffs are to submit to the Federal Court supporting documentation by May 19, 2025, and Judgment-Debtors may file objections to the documentation by May 26, 2025.

Unofficial Copy Ofice of Marian Burgess District leon

Dated: May 14, 2025.

Respectfully submitted,

By: /s/ David A. Walton

David A. Walton Texas Bar No. 24042120 dwalton@bellnunnally.com Bell Nunnally & Martin LLP

2323
Ross Avenue, Suite 1900 Dallas, TX 75201 Telephone: (214) 740-1445 Facsimile: (214) 740-5745

David M. Keithly (Admitted pro hac vice.) California Bar No. 292101 dk&ithly@mortensontaggart.com

Mortenson Taggart Adams LLP 300 Spectrum Center Drive, Suite 1200 Irvine, CA 92618 Telephone: (949) 774-2107 Facsimile: (949) 774-2545

Counsel for Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC

CERTIFICATE OF SERVICE

I certify that on May 14, 2025, a true and correct copy of the foregoing document was served on all parties of record via electronic service from the court's ECF system for registered users, in accordance with Rule 21a of the Texas Rules of Civil Procedure.

By: /s/ David A. Walton

David A. Walton

racial Copy Office of Mario n seksti Ller

Automated Certificate of eService

This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Jemisha Gandhi on behalf of David Walton Bar No. 24042120 jgandhi@bellnunnally.com Envelope ID: 100844991 Filing Code Description: Notice Filing Description: Notice of Second Remand Order Status as of 5/15/2025 8:23 AM CST

Case Contacts

Name

BarNumber

Email

TimestampSubmitted

Status

David A.Walton

dwalton@bellnunnally.com

5/14/2025 4:23:01 PM

SENT

LaDonna Arey

LArey@bellnunnally.com

5/14/2025 4:23:01 PM

SENT

Sandra Meiners

smeiners@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Travis Vargo

tvargo@vargolawfirm.com

5/14/2025 4:23:01 PM

SENT

Roxanna Lock

rlock@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Shawn Grady

shawn@gradycollectionlaw.com

5/14/2025 4:23:01 PM

SENT

Jeff Brown

jbrown@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Bernadette Martin

bernadette@gradycollectionlaw.com

5/14/2025 4:23:01 PM

SENT

Hannah Petrea

hpetrea@bellnunnally.com

5/14/2025 4:23:01 PM

SENT

Michael Poynter

mpoynter@vargolawfirm.com

5/14/2025 4:23:01 PM

SENT

Laurie DeBardeleben

Idebardeleben@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Micah Jackson

mjackson@berlethlaw.com

5/14/2025 4:23:01 PM

SENT

Sheli Davis

sdavis@berlethlaw.com

5/14/2025 4:23:01 PM

SENT

Tristian Harris

tharris@berlethlaw.com

5/14/2025 4:23:01 PM

SENT

Katharine Clark

kclark@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Lena Brasher

lbrasher@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Frankie Huff

fhuff@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Alex Pennetti

apennetti@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Edward W.Gray, Jr.

EGray@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Corinne Martin

cmartin@berlethlaw.com

5/14/2025 4:23:01 PM

SENT

Hannah Fischer

hfischer@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Jocelin A. Tapia

jtapia@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Automated Certificate of eService

This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Jemisha Gandhi on behalf of David Walton Bar No. 24042120 jgandhi@bellnunnally.com Envelope ID: 100844991 Filing Code Description: Notice Filing Description: Notice of Second Remand Order Status as of 5/15/2025 8:23 AM CST

Case Contacts

Jocelin A. Tapia

jtapia@thompsoncoburn.com

5/14/2025 4:23:01 PM

SENT

Greg Nieman

gnieman@bellnunnally.com

5/14/2025 4:23:01 PM

SENT

Jemisha Gandhi

jgandhi@bellnunnally.com

5/14/2025 4:23:01 PM

SENT

David M.Keithly

dkeithly@mortensontaggart.com

5/14/2025 4:23:01 PM

SENT

Records Department

Records@bellnunnally.com

5/14/2025 4:23:01 PM

SENT

Unofficial Copy Office of MarianaBurgess District Clerk

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aw-harris-awh-2024-48085-doc-120550110.pdf
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