Evidence Record

Exhibit 12

2. The name of the Defendant/Judgment-Debtors is CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually and as President of Cyberlux Corporation.

Type
exhibit
Court
EDVA
Case
HII v. Cyberlux interpleader
Docket
3:25-cv-00483
Pages
5
Lines
138
SHA-256
1b4ff2a56f79

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
Petition to Enforce Foreign Judgment
Total Nodes
24
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
Petition to Enforce Foreign Judgment Law Firm of Shawn M. Grady, PLLC (Houston, Texas) Civil litigation - judgment enforcement under Uniform Enforcement of Foreign Judgment Act 2023-06-23 to 2024-07-30
foreign_judgment_enforcementmulti_state_litigationjudgment_debtor_identification
Analytical Frame
Legal proceedings to domesticate Virginia judgment in Texas
Analytical Summary
This petition filed in Harris County, Texas on July 30, 2024, seeks to enforce a Virginia judgment against Cyberlux Corporation and Mark D. Schmidt. The original judgment from Richmond Circuit Court dated June 23, 2023 awarded Atlantic Wave Holdings, LLC and Secure Community, LLC $1,572,500.00 in compensatory damages jointly and severally against both defendants, plus attorney's fees of $177,126.19, sanctions totaling $10,737.50, and post-judgment interest at 12% per annum. The petition provides multiple service addresses for both judgment debtors in North Carolina and Nevada, with certification of service by certified mail.
Key Points
  • Virginia judgment from June 23, 2023 totaling $1,572,500.00 in compensatory damages
  • Additional awards: $177,126.19 attorney's fees, $10,737.50 in sanctions, 12% post-judgment interest
  • Joint and several liability imposed on Cyberlux Corporation and Mark D. Schmidt
  • Petition filed in Harris County District Court under Uniform Enforcement of Foreign Judgment Act
  • Service addresses span North Carolina (residence and business) and Nevada (registered agent)
Stage 2
Core — Entities, Events, Claims
13 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC
Plaintiff and judgment creditor seeking enforcement of Virginia judgment in Texas
Page 2 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, hereinafter referred to as Plaintiffs/Judgment-Creditors
ENT-002
Entity
Secure Community, LLC
Co-plaintiff and judgment creditor with Atlantic Wave Holdings
Page 2 — ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, hereinafter referred to as Plaintiffs/Judgment-Creditors
ENT-003
Entity
Cyberlux Corporation
Defendant and judgment debtor, North Carolina business entity with Nevada registered agent
Page 2 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, hereinafter referred to as Defendants/Judgment-Debtors. CYBERLUX CORPORATION may be given notice of this proceeding by delivering to c/o Mark D. Schmidt President at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709 and/or registered agent CT Corporation System, 701 S. Carson St., Ste 200, Carson City, NV 89701-5239.
ENT-004
Entity
Mark D. Schmidt
Individual defendant and judgment debtor, President of Cyberlux Corporation, with North Carolina residence and business address
Page 2 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, hereinafter referred to as Defendants/Judgment-Debtors. MARK D. SCHMIDT, may be given notice of this proceeding by delivering to him at his residence at 1134 Fearrington Post #12, Pittsboro, NC 27312 and/or at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709.
ENT-005
Entity
Law Firm of Shawn M. Grady, PLLC
Houston-based law firm representing plaintiffs/judgment creditors in enforcement action
Page 3 — 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
EVT-001
Event
Virginia Judgment Entered
Circuit Court of the City of Richmond, Virginia entered judgment on June 23, 2023, awarding compensatory damages, attorney's fees, sanctions, and interest
Page 3 — Heretofore, on June 23, 2023, in the Circuit Court of the City of Richmond, State of Virginia, Plaintiffs/Judgment Creditors recovered a judgment against the Defendants/Judgment-Debtors, in the principal sum of ONE MILLION FIVE HUNDRED SEVERNTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500.00), in compensatory damages, jointly and severally, against Defendants CYBERLUX CORPORATION and Mark D. Schmidt, The Plaintiffs are awarded all of their cots, including reasonable attorney's fee 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, and post judgment interest at the rate of 12% per annum.
EVT-002
Event
Texas Enforcement Petition Filed
Petition to enforce foreign judgment filed in Harris County District Court on July 30, 2024
Page 2 — Envelope No. 90352174 By: Wanda Chambers Filed: 7/30/2024 2:44 PM
EVT-003
Event
Service of Process Executed
Notice of filing and proof of mailing executed on July 30, 2024, with certified mail sent to all known addresses of judgment debtors
Page 5 — I hereby certify that this instrument has been filed with the Court and a true and correct copy of the foregoing document has been forwarded to the following: CYBERLUX CORPORATION c/o Mark D. Schmidt President at 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 CMRRR 9415 5118 9956 4593 2098 54 and/or CYBERLUX CORPORATION C/O Registered Agent, CT Corporation System 701 S. Carson St., Ste 200 Carson City, NV 89701-5239 CMRRR 9415 5118 9956 4593 7967 29 and MARK D. SCHMIDT 1134 Fearrington Post #12 Pittsboro, NC 27312 CMRRR 9415 5118 9956 4593 7086 30 and/or MARK D. SCHMIDT 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 CMRRR 9415 5118 9956 4593 1164 59 by certified mail, return receipt requested and US First Class Mail, this 30th day of July, 2024.
CLM-001
Claim
Compensatory Damages Award
Judgment creditors claim entitlement to $1,572,500.00 in compensatory damages awarded jointly and severally against both judgment debtors
Page 3 — Plaintiffs/Judgment Creditors recovered a judgment against the Defendants/Judgment-Debtors, in the principal sum of ONE MILLION FIVE HUNDRED SEVERNTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500.00), in compensatory damages, jointly and severally, against Defendants CYBERLUX CORPORATION and Mark D. Schmidt
CLM-002
Claim
Attorney's Fees Award
Judgment creditors claim entitlement to $177,126.19 in reasonable attorney's fees per settlement agreement consented to by defendants
Page 3 — The Plaintiffs are awarded all of their cots, including reasonable attorney's fee of $177,126.19 per the parties' settlement agreement, evidenced by affidavits, and consented to by Defendants
CLM-003
Claim
Sanctions Award
Judgment creditors claim entitlement to combined sanctions totaling $10,737.50
Page 3 — plus sanctions of $3,895.00 and $6,842.50
CLM-004
Claim
Post-Judgment Interest
Judgment creditors claim entitlement to post-judgment interest at 12% per annum on the judgment amount
Page 3 — and post judgment interest at the rate of 12% per annum
CLM-005
Claim
Texas Enforcement Jurisdiction
Plaintiffs claim Texas court has jurisdiction to enforce the Virginia judgment under Uniform Enforcement of Foreign Judgment Act and Chapter 35 of Texas Civil Practice and Remedies Code
Page 2 — ATLANTIC WAVE, HOLDINGS, LLC AND SECURE COMMUNITY, LLC, hereinafter referred to as Plaintiffs/Judgment-Creditors, and files this petition for enforcement of a foreign judgment in accordance with the Uniform Enforcement of Foreign Judgment Act, and Chapter 35 of the Texas Civil Practice and Remedies Code
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
6 nodes
TEN-001
Tension
Joint and Several Liability Structure
The judgment imposes joint and several liability on both corporate entity (Cyberlux) and individual (Schmidt), creating dual enforcement pathways but potentially complex collection strategy
Page 3 — in the principal sum of ONE MILLION FIVE HUNDRED SEVERNTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500.00), in compensatory damages, jointly and severally, against Defendants CYBERLUX CORPORATION and Mark D. Schmidt
TEN-002
Tension
Multi-State Service Complexity
Service strategy involves multiple addresses across three states (NC, NV, TX) with four separate certified mail tracking numbers, suggesting uncertainty about defendants' current location or attempt to ensure comprehensive notice
Page 5 — CYBERLUX CORPORATION c/o Mark D. Schmidt President at 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 CMRRR 9415 5118 9956 4593 2098 54 and/or CYBERLUX CORPORATION C/O Registered Agent, CT Corporation System 701 S. Carson St., Ste 200 Carson City, NV 89701-5239 CMRRR 9415 5118 9956 4593 7967 29 and MARK D. SCHMIDT 1134 Fearrington Post #12 Pittsboro, NC 27312 CMRRR 9415 5118 9956 4593 7086 30 and/or MARK D. SCHMIDT 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 CMRRR 9415 5118 9956 4593 1164 59
QUO-001
Quotation
Prayer for Relief
Plaintiffs request Texas court to domesticate the Virginia judgment with full force and effect
Page 3 — WHEREFORE, Plaintiffs/Judgment-Creditors pray that the copy of the Judgment be filed in accordance with the law and that said judgment be domesticated having the same force and effect as if rendered in this State.
QST-001
Question
Nature of Underlying Dispute
What was the underlying cause of action in Virginia that resulted in the $1.57M compensatory damages award?
Page 3 — in the principal sum of ONE MILLION FIVE HUNDRED SEVERNTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500.00), in compensatory damages
QST-002
Question
Basis for Sanctions
What conduct or procedural violations justified the two separate sanction amounts of $3,895.00 and $6,842.50 in the Virginia proceedings?
Page 3 — plus sanctions of $3,895.00 and $6,842.50
QST-003
Question
Texas Connection for Venue
What connection do the judgment debtors or their assets have to Harris County, Texas that justifies enforcement venue in that jurisdiction?
Page 2 — IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Settlement Agreement Predated Judgment
The attorney's fees amount was established through a settlement agreement between parties prior to judgment entry, suggesting partial resolution or negotiation of fee issues even while substantive damages remained disputed or consented
Page 3 — reasonable attorney's fee of $177,126.19 per the parties' settlement agreement, evidenced by affidavits, and consented to by Defendants
INF-002
Inference
Collection Strategy Geography
Filing in Harris County, Texas (rather than North Carolina where defendants appear located) suggests strategic venue selection, possibly based on debtor assets, favorable enforcement procedures, or creditor's business presence at Richmond, VA address
Page 4 — The address of the Plaintiffs/Judgment-Creditors is 11 S. 12th Street, Richmond, VA 23219
INF-003
Inference
Schmidt's Dual Capacity Liability
Mark D. Schmidt is named both individually and as President of Cyberlux Corporation, suggesting he may have been found personally liable through piercing corporate veil, personal guarantee, or individual tortious conduct separate from corporate actions
Page 2, 4 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, hereinafter referred to as Defendants/Judgment-Debtors. The name of the Defendant/Judgment-Debtors is CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually and as President of Cyberlux Corporation.
OMI-001
Omission
Virginia Judgment Details Absent
The petition references an attached Exhibit A containing exemplified copy of the Virginia judgment but this exhibit is not included in the current document pages, limiting verification of judgment specifics
Page 3 — An exemplified copy of the judgment is attached hereto as Exhibit A.
OMI-002
Omission
Current Financial Status Unaddressed
The petition provides no information about current assets, financial condition, or collection prospects for either Cyberlux Corporation or Mark D. Schmidt, despite seeking to enforce a judgment exceeding $1.7M with accumulated interest
Page 3 — Plaintiffs/Judgment Creditors recovered a judgment against the Defendants/Judgment-Debtors, in the principal sum of ONE MILLION FIVE HUNDRED SEVERNTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500.00), in compensatory damages, jointly and severally

Extracted text

5 pages · 5523 characters

Exhibit 12 — Formatted Extract

Type: exhibit
Court: EDVA
Matter: HII v. Cyberlux interpleader
Docket: 3:25-cv-00483
EXHIBIT 12

CAUSE NO.

ATLANTIC WAVE HOLDINGS, LLC AND § SECURE COMMUNITY, LLC, § Plaintiff/Judgment-Creditor §

V.

CYBERLUX CORPORATION and MARK D. SCHMIDT, individually Defendant/Judgment-Debtors.

IN THE DISTRICT COURT OF

§

§

JUDICIAL COURT

§ §

§

S & §

§ HARRIS COUNTY, TEXAS

PETITION TO ENFORCE FOREIGN JUDGMENT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, ATLANTIC WAVE, HOLDINGS, LLC AND SECURE COMMUNITY, LLC, hereinafter referred to as Plaintiffs/Judgment-Creditors, and files this petition for enforcement of a foreign judgment in accordance with the Uniform Enforcement of Foreign Judgment Act, and Chapter 35 of the Texas Civil Practice and Remedies Code; against CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, hereinafter referred to as Defendants/Judgment-Debtors.

CYBERLUX CORPORATION may be given notice of this proceeding by delivering to c/o Mark D. Schmidt President at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709 and/or registered agent CT Corporation System, 701 S. Carson St., Ste 200, Carson City, NV 89701-5239.

MARK D. SCHMIDT, may be given notice of this proceeding by delivering to him at his residence at 1134 Fearrington Post #12, Pittsboro, NC 27312 and/or at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709.

Castellide Copy Officeas Of Marilyn Burgers District Clerk

Heretofore, on June 23, 2023, in the Circuit Court of the City of Richmond, State of Virginia, Plaintiffs/Judgment Creditors recovered a judgment against the Defendants/Judgment-Debtors, in the principal sum of ONE MILLION FIVE HUNDRED SEVERNTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500.00), in compensatory damages, jointly and severally, against Defendants CYBERLUX CORPORATION and Mark D. Schmidt, The Plaintiffs are awarded all of their cots, including reasonable attorney's fee 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, and post judgment interest at the rate of 12% per annum. An exemplified copy of the judgment is attached hereto as Exhibit A.

WHEREFORE, Plaintiffs/Judgment-Creditors pray that the copy of the Judgment be filed in accordance with the law and that said judgment be domesticated having the same force and effect as if rendered in this State.

Jnofficial Copy Office of Marilynesa chal gesses mil, ale te passevite

Respectfully submitted,

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 PLAINTIFFS

THE STATE OF TEXAS §

§ COUNTY OF HARRIS §

BEFORE ME, the undersigned authority, on this day did personally appear Shawn M. Grady who being first duly sworn, did say and depose:

1.
He is the attorney for the Plaintiffs/Judgment-Creditors in this State, and his address is 2100 West Loop South, Suite 805, Houston, Texas 77027.
2.
The name of the Defendant/Judgment-Debtors is CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually and as President of Cyberlux Corporation.
3.
The last known addresses for the Judgment-Debtors are listed below:

Cyberlux Corporation - c/o Mark D. Schmidt President at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709, and/or registered agent CT Corporation System, 701 S. Carson St., Ste 200, Carson City, NV 89701-5239.

MARK D. SCHMIDT, Individually -1134 Fearrington Post #12, Pittsboro, NC 27312 and/or at 800 Park Offices Drive, Suite 3209, Research Triangle Park, NC 27709.

4.
The address of the Plaintiffs/Judgment-Creditors is 11 S. 12th Street, Richmond, VA 23219

noffici& Copy Officeof War, kdo dessoustrice Clerk

Shawn M. Grady

SUBSCRIBED AND SWORN TO, before me, the undersigned authority, on this 30th day of July, 2024.

Dai frage

BLAIRE GRADY My Notary ID # 132517089 Expires June 3, 2028

NOTARY PUBLIC IN AND FOR THE STATE. OF TEXAS

NOTICE OF FILING, PROOF OF MAILING, AND CERTIFICATE OF SERVICE

I hereby certify that this instrument has been filed with the Court and a true and correct copy of the foregoing document has been forwarded to the following:

CYBERLUX CORPORATION c/o Mark D. Schmidt President at 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 CMRRR 9415 5118 9956 4593 2098 54 and/or CYBERLUX CORPORATION C/O Registered Agent, CT Corporation System 701 S. Carson St., Ste 200 Carson City, NV 89701-5239 CMRRR 9415 5118 9956 4593 7967 29

Unofficial Colay OffIch of Marilyn Burgess District Clerk

and

MARK D. SCHMIDT 1134 Fearrington Post #12 Pittsboro, NC 27312 CMRRR 9415 5118 9956 4593 7086 30 and/or MARK D. SCHMIDT 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 CMRRR 9415 5118 9956 4593 1164 59

by certified mail, return receipt requested and US First Class Mail, this 30th day of July, 2024.

Shawn M. Grady

The foregoing is true and correct and signed under penalty of perjury

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-0175-exhibit-14.pdf
Source UID
source:1b4ff2a56f79d0545fae6cd7d6bf5c45418e19c8e461c165023b2f1d70815e1c
Full SHA-256
1b4ff2a56f79d0545fae6cd7d6bf5c45418e19c8e461c165023b2f1d70815e1c