Evidence Record

Exhibit 10

BEFORE THE COURT is a Motion for Entry of an Amended Final Order and Judgment by Plaintiffs ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, and agreed to by Defendants CYBERLUX CORPORATION and MARK...

Type
exhibit
Court
EDVA
Case
HII v. Cyberlux interpleader
Docket
3:25-cv-00483
Pages
3
Lines
80
SHA-256
e253deb20725

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
Amended Final Order and Judgment
Total Nodes
25
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
Amended Final Order and Judgment Circuit Court of the City of Richmond, Virginia Civil litigation settlement - breach of contract/business dispute 2023-06-22
court_ordersettlement_agreementfinancial_judgmentnon_dischargeable_debt
Analytical Frame
Legal settlement enforcement and financial obligations
Analytical Summary
This is an Amended Final Order and Judgment entered by the Circuit Court of Richmond, Virginia on June 22, 2023, in Case No. CL22-3882-4. The court granted judgment in favor of plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC against defendants Cyberlux Corporation and Mark D. Schmidt for $1,572,500 in compensatory damages, jointly and severally. The judgment includes attorney's fees of $177,126.19, sanctions totaling $10,737.50, and post-judgment interest at 12% per annum. The parties reached a settlement agreement, and the court explicitly ruled the judgment non-dischargeable in bankruptcy, with defendants waiving all appeal rights. Plaintiffs were granted security interests and lien rights in all defendants' property until full payment.
Key Points
  • Judgment of $1,572,500 in compensatory damages awarded jointly and severally against Cyberlux Corporation and Mark D. Schmidt
  • Judgment explicitly made non-dischargeable in bankruptcy to fullest extent permissible
  • Defendants waived all rights of reconsideration or appeal
  • Additional awards include attorney's fees ($177,126.19), sanctions ($10,737.50), and 12% annual post-judgment interest
  • Plaintiffs granted security interest and lien rights in all defendants' property until payment
  • Settlement reached between parties resolving need for continuing litigation
Stage 2
Core — Entities, Events, Claims
17 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Plaintiff corporation in civil litigation case, awarded judgment of $1,572,500 plus fees and costs
Page 2 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs
ENT-002
Entity
Secure Community, LLC
Co-plaintiff corporation in civil litigation case, awarded judgment jointly with Atlantic Wave Holdings
Page 2 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs
ENT-003
Entity
Cyberlux Corporation
Defendant corporation held jointly and severally liable for $1,572,500 judgment plus additional fees and costs
Page 2 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants
ENT-004
Entity
Mark D. Schmidt
Individual defendant held jointly and severally liable with Cyberlux Corporation for full judgment amount; also identified as authorized representative for Cyberlux Corporation
Page 2 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. MARK D. SCHMIDT, individually, and as the authorized representative for CYBERLUX CORPORATION
ENT-005
Entity
Circuit Court of the City of Richmond
Virginia state court with jurisdiction over the case, issuing the amended final order and judgment
Page 2 — IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
ENT-006
Entity
Hon. Jacqueline S. McClenney
Presiding Judge of the Circuit Court for the City of Richmond who entered the amended final order
Page 3 — Hon Jacqueline S. McClenney, Presiding Judge Circuit Court for the City of Richmond
EVT-001
Event
Settlement Agreement Reached
Parties reached a settlement agreement resolving the need for continuing litigation in Case No. CL22-3882-4
Page 2 — IT APPEARING to the Court that the parties hereto have reached a settlement agreement that resolves the current need for continuing litigation.
EVT-002
Event
Entry of Amended Final Order
Court entered Amended Final Order and Judgment on June 22, 2023, granting judgment in favor of plaintiffs
Page 2, 3 — THIS CAUSE IS ENTERED this 22 day of June, 2023. AMENDED FINAL ORDER AND JUDGEMENT
EVT-003
Event
Waiver of Appeal Rights
Defendants waived all rights of reconsideration or appeal as part of the settlement agreement
Page 3 — Defendants hereby waive all rights of reconsideration or appeal.
EVT-004
Event
Dismissal of Plaintiffs' Complaint
Plaintiffs' Complaint dismissed without prejudice as part of final order
Page 3 — Plaintiffs' Complaint is hereby dismissed without prejudice.
CLM-001
Claim
Compensatory Damages Award
Court awarded plaintiffs $1,572,500 in compensatory damages jointly and severally against defendants
Page 2 — The Court awards Plaintiffs the sum of ONE MILLION FIVE HUNDRED SEVENTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500) in compensatory damages, jointly and severally, against Defendants CYBERLUX CORPORATION and MARK D. SCHMIDT
CLM-002
Claim
Attorney's Fees Award
Plaintiffs awarded attorney's fees of $177,126.19 per settlement agreement, evidenced by affidavits and consented to by defendants
Page 3 — That the Plaintiffs be awarded all of their costs, including reasonable attorney's fees of $177,126.19 per the parties' settlement agreement, evidenced by affidavits, and consented to by defendants
CLM-003
Claim
Sanctions Award
Plaintiffs awarded sanctions totaling $10,737.50 ($3,895.00 and $6,842.50) as provided by Court's previous orders
Page 3 — plus sanctions of $3,895.00 and $6,842.50, as provided by the Court's previous Orders
CLM-004
Claim
Post-Judgment Interest Terms
Post-judgment interest awarded at 12% per annum from date of order entry on damages, as provided in parties' agreement
Page 3 — post judgment interest at the rate of 12% per annum, as provided in the parties' agreement, from the date of entry of this order on the damages incurred in this matter.
CLM-005
Claim
Non-Dischargeable Bankruptcy Status
Parties agreed that Final Judgment shall not be dischargeable in bankruptcy to fullest extent permissible at law
Page 3 — The parties agree that this Final Judgement shall not be dischargeable in bankruptcy to the fullest extent permissible at law
CLM-006
Claim
Security Interest and Lien Rights
Parties agreed to security interest and lien interest in all property of defendants in favor of plaintiffs until all sums paid; may be memorialized through UCC-1 forms and appropriate liens
Page 3 — That the parties have agreed to a security interest and lien interest in all property of Defendants in favor of Plaintiffs until all sums are paid, and such security interest may be further memorialized through the filing of appropriate UCC-1 forms and the filing of appropriate Liens.
CLM-007
Claim
Sole Obligation of Defendants
Judgment shall not be subject to contribution or reduction through payments of any other parties; it is sole obligation of defendants
Page 3 — Nor shall it be subject to any contribution or reduced through the payment(s) of any other parties in this matter. Rather it shall be the sole obligation of Defendants.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
4 nodes
TEN-001
Tension
Dismissal Without Prejudice vs. Final Settlement
The complaint is dismissed without prejudice, which typically allows re-filing, yet the order describes a comprehensive settlement resolving all claims with defendants waiving appeal rights
Page 2, 3 — Plaintiffs' Complaint is hereby dismissed without prejudice. the parties hereto have reached a settlement agreement that resolves the current need for continuing litigation. Defendants hereby waive all rights of reconsideration or appeal.
QST-001
Question
Nature of Underlying Claims
What were the specific claims alleged in plaintiffs' complaint that resulted in the $1,572,500 compensatory damages award?
Page 2, 3 — to resolve the claims alleged in Plaintiffs' Complaint and certain other claims as agreed to by the parties pursuant to the parties' separate agreement.
QST-002
Question
Previous Court Orders Referenced
What were the circumstances of the court's previous orders that resulted in sanctions of $3,895.00 and $6,842.50?
Page 3 — plus sanctions of $3,895.00 and $6,842.50, as provided by the Court's previous Orders
QST-003
Question
Separate Settlement Agreement Terms
What additional terms exist in the parties' separate settlement agreement beyond what is disclosed in this court order?
Page 2, 3 — certain other claims as agreed to by the parties pursuant to the parties' separate agreement.
Stage 4
Interpretive — Inferences, Omissions, Patterns
4 nodes
INF-001
Inference
High-Stakes Business Dispute Settlement
The substantial damages ($1.57M), attorney's fees ($177K), and multiple sanctions suggest a protracted and contentious business dispute where defendants' conduct warranted court sanctions during litigation
Page 2, 3 — The Court awards Plaintiffs the sum of ONE MILLION FIVE HUNDRED SEVENTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500) in compensatory damages. plus sanctions of $3,895.00 and $6,842.50, as provided by the Court's previous Orders
INF-002
Inference
Defendant Financial Vulnerability Risk
The explicit bankruptcy non-dischargeability clause, blanket security interests in all defendants' property, and waiver of appeal rights suggest plaintiffs sought maximum protection against potential insolvency or evasion by defendants
Page 3 — this Final Judgement shall not be dischargeable in bankruptcy to the fullest extent permissible at law. security interest and lien interest in all property of Defendants in favor of Plaintiffs until all sums are paid. Defendants hereby waive all rights of reconsideration or appeal.
INF-003
Inference
Schmidt's Dual Role Significance
Mark D. Schmidt being sued both individually and as Cyberlux's authorized representative suggests potential claims of fraud, misrepresentation, or personal misconduct that pierced corporate protection
Page 2 — MARK D. SCHMIDT, individually, Defendants. MARK D. SCHMIDT, individually, and as the authorized representative for CYBERLUX CORPORATION. jointly and severally, against Defendants CYBERLUX CORPORATION and MARK D. SCHMIDT
OMI-001
Omission
Payment Schedule Absent
While the judgment specifies amounts and security interests, no payment schedule or deadline for satisfaction of the judgment is stated in the order
Page 2, 3 — The Court awards Plaintiffs the sum of ONE MILLION FIVE HUNDRED SEVENTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500). security interest and lien interest in all property of Defendants in favor of Plaintiffs until all sums are paid

Extracted text

3 pages · 3134 characters

Exhibit 10 — Formatted Extract

Type: exhibit
Court: EDVA
Matter: HII v. Cyberlux interpleader
Docket: 3:25-cv-00483
EXHIBIT 10

tabbles'

EXHIBIT C

VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND

)

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

v.

Plaintiffs, ) ) )

Case No: CL22-3882 - 4

)

CYBERLUX CORPORATION and )

MARK D. SCHMIDT, individually ) )

Defendants.

)

)

AMENDED FINAL ORDER AND JUDGEMENT

BEFORE THE COURT is a Motion for Entry of an Amended Final Order and Judgment by Plaintiffs ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, and agreed to by Defendants CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, and as the authorized representative for CYBERLUX CORPORATION, and

IT APPEARING to the Court that the parties hereto have reached a settlement agreement that resolves the current need for continuing litigation.

UPON CONSIDERATION of the pleadings, the evidence, argument of counsel, the consent of the parties, and for good cause shown, it is hereby ORDERED, ADJUDGED, and DECREED that judgement is GRANTED in favor of Plaintiffs ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC, and against Defendants CYBERLUX CORPORATION and MARK D. SCHMIDT, jointly and severally, as follows:

a. The Court awards Plaintiffs the sum of ONE MILLION FIVE HUNDRED SEVENTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500) in compensatory damages, jointly and severally, against Defendants CYBERLUX CORPORATION

and MARK D. SCHMIDT, to resolve the claims alleged in Plaintiffs' Complaint and certain other claims as agreed to by the parties pursuant to the parties' separate agreement.

b. The parties agree that this Final Judgement shall not be dischargeable in bankruptcy to the fullest extent permissible at law, and Defendants hereby waive all rights of reconsideration or appeal. Nor shall it be subject to any contribution or reduced through the payment(s) of any other parties in this matter. Rather it shall be the sole obligation of Defendants.

c. That the Plaintiffs be awarded all of their costs, including reasonable attorney's fees of $177,126.19 per the parties' settlement agreement, evidenced by affidavits, and consented to by defendants, plus sanctions of $3,895.00 and $6,842.50, as provided by the Court's previous Orders, and post judgment interest at the rate of 12% per annum, as provided in the parties' agreement, from the date of entry of this order on the damages incurred in this matter.

d. That the parties have agreed to a security interest and lien interest in all property of Defendants in favor of Plaintiffs until all sums are paid, and such security interest may be further memorialized through the filing of appropriate UCC-1 forms and the filing of appropriate Liens.

e. Plaintiffs' Complaint is hereby dismissed without prejudice. THIS CAUSE IS

ENTERED this 22 day of June , 2023.

ENDED.

SA

Hon Jacqueline S. McClenney, Presiding Judge Circuit Court for the City of Richmond

A Copy Teste: EDWARD F JEWETT, CLERK BY: freue Blanchale .

Original source file

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File
ip-hii-edva-00483-doc-0175-exhibit-12.pdf
Source UID
source:e253deb207250a4830c806a6678acd6101d562acb85e412bedadeab5a82c0274
Full SHA-256
e253deb207250a4830c806a6678acd6101d562acb85e412bedadeab5a82c0274