Evidence Record
Order
In the Circuit Court of the City of Richmond, John Marshall Courts Building ATLANTIC WAVE HOLDINGS, LLC. AND SECURE COMMUNITY, LLC. Plaintiff,
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Profile
Standard
Version
1
Doc Type
Court Order
Total Nodes
30
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 Circuit Court of the City of Richmond, Virginia State civil litigation - motion practice January 2, 2026 - February 25, 2026
emergency_motion_deniedconsent_order_reinstatedhearing_cancelled
Analytical Frame
Procedural denial of motion to reconsider consent final order
Analytical Summary
This is a court order from the Circuit Court of the City of Richmond denying defendants' emergency motion to reconsider and vacate a previously entered consent final order. The court ruled on January 2, 2026 that defendants Cyberlux Corporation and Mark Schimidt, through counsel Jimmy Robinson, filed an emergency motion seeking reconsideration and suspension of execution. Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC, represented by Charles Gavin, opposed the motion. The court denied the motion to reconsider, terminated the suspension, reinstated the consent final order effective as of this order's entry date, and cancelled a scheduled February 24, 2026 hearing.
Key Points
- Defendants filed emergency motion to reconsider and vacate consent final order on January 2, 2026
- Court denied defendants' motion and reinstated the consent final order
- Court terminated suspension of the consent final order
- Previously scheduled hearing for February 24, 2026 was vacated and cancelled
- Court denied defendants' request to file a reply brief
Stage 2
Core — Entities, Events, Claims
17 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Plaintiff entity in Circuit Court Case No. CL24-3910
Page 2 — ATLANTIC WAVE HOLDINGS, LLC. AND SECURE COMMUNITY, LLC. Plaintiff,
ENT-002
Entity
Secure Community, LLC
Co-plaintiff entity in Circuit Court Case No. CL24-3910
Page 2 — ATLANTIC WAVE HOLDINGS, LLC. AND SECURE COMMUNITY, LLC. Plaintiff,
ENT-003
Entity
Cyberlux Corporation
Defendant entity in Circuit Court Case No. CL24-3910
Page 2 — CYBERLUX CORPORATION and MARK SCHIMIDT, individually Defendants.
ENT-004
Entity
Mark Schimidt
Individual defendant in Circuit Court Case No. CL24-3910
Page 2 — CYBERLUX CORPORATION and MARK SCHIMIDT, individually Defendants.
ENT-005
Entity
Jimmy Robinson, Esq.
Attorney representing defendants Cyberlux Corporation and Mark Schimidt
Page 2 — Jimmy Robinson, Esq., representing the Defendants.
ENT-006
Entity
Charles Gavin, Esq.
Attorney representing plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC
Page 2 — Charles Gavin, Esq., representing the Plaintiffs.
ENT-007
Entity
Jacqueline S. McClenney
Chief Judge of the Circuit Court of the City of Richmond issuing this order
Page 3 — Jacqueline S. McClenney, Chief Judge
ENT-008
Entity
Circuit Court of the City of Richmond
Virginia state court adjudicating Case No. CL24-3910, located in John Marshall Courts Building
Page 2 — In the Circuit Court of the City of Richmond, John Marshall Courts Building
EVT-001
Event
Filing of Emergency Motion to Reconsider
On January 2, 2026, defendants Cyberlux Corporation and Mark Schimidt, through counsel Jimmy Robinson, filed an Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend Execution Pending the Court's Ruling
Page 2 — On January 2, 2026 Defendants Cyberlux Corporation and Mark D. Schimdt, by counsel, filed an "Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend Execution Pending the Court's Ruling."
EVT-002
Event
Filing of Opposition Response
Plaintiffs' counsel Charles Gavin filed a Response in Opposition to Motion to Reconsider on behalf of Atlantic Wave Holdings, LLC and Secure Community, LLC
Page 2 — Plaintiffs' counsel for Atlantic Wave Holding, LLC, and Secure Community, LLC, subsequently filed a "Response in Opposition to Motion to Reconsider."
EVT-003
Event
Denial of Reply Filing Request
The court denied defendants' request to file a reply brief in response to plaintiffs' opposition
Page 2 — The Court DENIED Defendants' request to file a Reply.
EVT-004
Event
Court Ruling on Motion to Reconsider
The court denied defendants' Motion to Reconsider and ordered that the prior ruling stands
Page 2 — Upon reviewing the parties' current filings, the Court ORDERS that its prior ruling STANDS. Accordingly, the Court hereby DENIES Defendants' Motion to Reconsider
EVT-005
Event
Termination of Suspension
The court terminated the suspension of the Consent Final Order that had been in place pending the motion to reconsider
Page 2 — the Court hereby DENIES Defendants' Motion to Reconsider and TERMINATES the suspension of the "Consent Final Order."
EVT-006
Event
Reinstatement of Consent Final Order
The court ordered the Consent Final Order effective as of the entry date of this order
Page 2 — The Court ORDERS the "Consent Final Order" effective as of the entry date of this Order.
EVT-007
Event
Cancellation of Scheduled Hearing
The court vacated and released the previously scheduled hearing set for February 24, 2026 at 9:00 a.m. and denied the parties' request for a hearing
Page 2 — Pursuant to Rule 4:15(d) of the Supreme Court Rules of Virgina, the Court hereby DENIES the parties' request for a hearing, and further VACATES AND RELEASES the previously scheduled hearing set for February 24, 2026 at 9:00 a.m.
EVT-008
Event
Order Entry
The court entered this order on February 25, 2026, signed by Chief Judge Jacqueline S. McClenney
Page 3 — It is so ORDERED. ENTER: 2 5 2026 Jacqueline S. McClenney, Chief Judge
CLM-001
Claim
Prior Ruling Validity
The court determined that its prior ruling regarding the Consent Final Order was valid and should stand without modification
Page 2 — Upon reviewing the parties' current filings, the Court ORDERS that its prior ruling STANDS.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
6 nodes
QUO-001
Quotation
Emergency Motion Title
The exact title of the motion filed by defendants on January 2, 2026
Page 2 — Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend Execution Pending the Court's Ruling
QUO-002
Quotation
Opposition Response Title
The exact title of the response filed by plaintiffs' counsel
Page 2 — Response in Opposition to Motion to Reconsider
QUO-003
Quotation
Consent Final Order Reference
The specific order that was subject to the motion to reconsider
Page 2 — Consent Final Order
TEN-001
Tension
Defendants Seeking Relief vs. Court Denial
Defendants filed an emergency motion seeking to vacate a consent final order they had previously agreed to, but the court denied their motion and reinstated the order
Page 2 — On January 2, 2026 Defendants Cyberlux Corporation and Mark D. Schimdt, by counsel, filed an "Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend Execution Pending the Court's Ruling." [...] the Court hereby DENIES Defendants' Motion to Reconsider and TERMINATES the suspension of the "Consent Final Order."
QST-001
Question
Name Spelling Discrepancy
There is an inconsistency in the spelling of the defendant's name between 'Mark Schimidt' in the case caption and 'Mark D. Schimdt' in the body of the order
Page 2 — MARK SCHIMIDT, individually Defendants. [...] On January 2, 2026 Defendants Cyberlux Corporation and Mark D. Schimdt, by counsel,
QST-002
Question
Basis for Consent Order Reconsideration
The order does not specify what grounds defendants asserted for reconsidering a consent final order they had previously agreed to
Page 2 — On January 2, 2026 Defendants Cyberlux Corporation and Mark D. Schimdt, by counsel, filed an "Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend Execution Pending the Court's Ruling."
Stage 4
Interpretive — Inferences, Omissions, Patterns
7 nodes
INF-001
Inference
Procedural Posture Suggests Prior Agreement
The reference to a 'Consent Final Order' indicates that all parties had previously agreed to the terms of the order, making the defendants' subsequent emergency motion to vacate it unusual procedurally
Page 2 — Emergency Motion to Reconsider and Vacate Consent Final Order
INF-002
Inference
Court Found Motion Unmeritorious
The court's denial of the reply brief request, combined with the summary denial of the motion without a hearing, suggests the court found defendants' arguments for reconsideration lacked merit
Page 2 — The Court DENIED Defendants' request to file a Reply. [...] Upon reviewing the parties' current filings, the Court ORDERS that its prior ruling STANDS. [...] the Court hereby DENIES the parties' request for a hearing
INF-003
Inference
Federal Court Exhibit Context
This state court order is being introduced as an exhibit in federal court case 3:25-cv-00483-JAG, suggesting the state court proceedings are relevant to the federal litigation
Page 1 — Case 3:25-cv-00483-JAG Document 169-5 Filed 04/15/26 Page 1 of 3 PageID# 2539 Exhibit 5
OMI-001
Omission
Substance of Consent Final Order
The order does not describe the terms, obligations, or subject matter of the Consent Final Order that defendants sought to vacate
Page 2 — Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend Execution Pending the Court's Ruling
OMI-002
Omission
Arguments Raised by Defendants
The order provides no detail about what legal or factual arguments defendants raised in their emergency motion to justify reconsidering a consent order
Page 2 — Upon reviewing the parties' current filings, the Court ORDERS that its prior ruling STANDS.
OMI-003
Omission
Plaintiffs' Opposition Arguments
The order does not summarize the arguments plaintiffs made in opposition to the motion to reconsider
Page 2 — Plaintiffs' counsel for Atlantic Wave Holding, LLC, and Secure Community, LLC, subsequently filed a "Response in Opposition to Motion to Reconsider."
OMI-004
Omission
Original Entry Date of Consent Order
The order does not specify when the Consent Final Order was originally entered, only that it is now effective as of the date of this order
Page 2 — The Court ORDERS the "Consent Final Order" effective as of the entry date of this Order.
Extracted text
3 pages · 1846 charactersExhibit 5
EXHIBIT
tabbles* F
Virginia:
In the Circuit Court of the City of Richmond, John Marshall Courts Building ATLANTIC WAVE HOLDINGS, LLC. AND SECURE COMMUNITY, LLC. Plaintiff,
v. CYBERLUX CORPORATION and MARK SCHIMIDT, individually Defendants.
Case No. CL24-3910
ORDER
On January 2, 2026 Defendants Cyberlux Corporation and Mark D. Schimdt, by counsel,1 filed an "Emergency Motion to Reconsider and Vacate Consent Final Order and To Suspend Execution Pending the Court's Ruling." Plaintiffs' counsel for Atlantic Wave Holding, LLC, and Secure Community, LLC, subsequently filed a "Response in Opposition to Motion to Reconsider."2 The Court DENIED Defendants' request to file a Reply.
Upon reviewing the parties' current filings, the Court ORDERS that its prior ruling STANDS. Accordingly, the Court hereby DENIES Defendants' Motion to Reconsider and TERMINATES the suspension of the "Consent Final Order." The Court ORDERS the "Consent Final Order" effective as of the entry date of this Order.
Pursuant to Rule 4:15(d) of the Supreme Court Rules of Virgina, the Court hereby DENIES the parties' request for a hearing, and further VACATES AND RELEASES the previously scheduled hearing set for February 24, 2026 at 9:00 a.m. The parties are released from their appearances.
The Clerk is DIRECTED to forward a certified copy of this Order to the parties.
1
Jimmy Robinson, Esq., representing the Defendants.
2
Charles Gavin, Esq., representing the Plaintiffs.
The Court DISPENSES with the parties' endorsements pursuant to Rule 1:13. It is so ORDERED.
ENTER: 2 5 2026
Sully queline S. McClenney, Chief Judge
Original source file
No source file is attached yet. The record is ready for the PDF/media link when the attachment importer is connected.
- File
- ip-hii-edva-00483-doc-0169-exhibit-5.pdf
- Source UID
- source:6e59d7a026bb55ccc4996dede7a2e1ad753925cd822922d5cf05de7bfcf94fbb
- Full SHA-256
- 6e59d7a026bb55ccc4996dede7a2e1ad753925cd822922d5cf05de7bfcf94fbb