Evidence Record

Exhibit 13

1. Mr. Berleth was appointed Receiver by the Court over Judgment Debtors CYBERLUX CORPORATION ("Cyberlux") to collect a judgment owed to ATLANTIC WAVE HOLDINGS, LLC in an Order Appointing Receiver ("OAR"). The Receiver has...

Type
exhibit
Court
EDVA
Case
HII v. Cyberlux interpleader
Docket
3:25-cv-00483
Pages
7
Lines
191
SHA-256
09d65999d17c

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
Motion to Supplement Receivership
Total Nodes
36
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
Motion to Supplement Receivership Robert Berleth, Court-Appointed Receiver Post-judgment receivership collection proceedings involving multiple creditors 2024-2025, filed August 29, 2025
multiple_jurisdictionsfederal_interpleadersubstantial_funds_at_stakeserial_litigation
Analytical Frame
Complex multi-jurisdictional debt collection with federal interpleader action
Analytical Summary
This motion seeks to expand a Texas receivership over Cyberlux Corporation to include eight additional creditor judgments and claims totaling over $27 million. The receiver, Robert Berleth, was originally appointed to collect a judgment for Atlantic Wave Holdings but discovered multiple other creditors during a federal interpleader action initiated by HII Mission Technologies over approximately $25.8 million owed to Cyberlux. The motion characterizes Cyberlux's conduct as involving 'various shenanigans' and attempts to 'abscond with funds,' suggesting adversarial debtor behavior. The receiver requests authority to satisfy claims in series priority, collect fees on each judgment resolved, and consolidate collection across multiple state and federal court actions spanning Texas, Virginia, North Carolina, and Colorado.
Key Points
  • Receiver appointed over Cyberlux Corporation to collect judgment for Atlantic Wave Holdings
  • HII Mission Technologies filed federal interpleader action over $25,795,303.38 payment due to Cyberlux
  • Eight additional judgments/claims identified totaling over $27 million across multiple jurisdictions
  • IRS holds federal tax liens against Cyberlux totaling $582,800.38
  • Motion seeks to add creditors to receivership in series priority for payment
  • Receiver characterizes Cyberlux conduct as involving 'shenanigans' and attempts to 'abscond with funds'
  • Unpaid employee class represented by Tucker and Whiteley seeks $2,676,378.58
  • Multiple states and federal courts involved: Texas, Virginia, North Carolina, Colorado
Stage 2
Core — Entities, Events, Claims
22 nodes
ENT-001
Entity
Robert Berleth (Receiver)
Court-appointed Receiver for Cyberlux Corporation and Mark D. Schmidt, working through firm Berleth & Associates, PLLC
Page 2 — COMES NOW, the Receiver ROBERT BERLETH, as Receiver for CYBERLUX CORPORATION and MARK D. SCHMIDT
ENT-002
Entity
Cyberlux Corporation (Judgment Debtor)
Defendant corporation subject to receivership, with manufacturing facility in Spring, Texas
Page 2 — CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants, Judgment-Debtors
ENT-003
Entity
Atlantic Wave Holdings, LLC
Original judgment creditor for whom the receivership was established
Page 2 — ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors
ENT-004
Entity
HII Mission Technologies Corporation
Defense contractor that filed federal interpleader action over disputed funds owed to Cyberlux
Page 2 — On June 24, 2025, HII Mission Technologies Corporation ("HII") filed an Interpleader action, cause no. 3:25-cv-483, styled HII Mission Tech. Corp. v. Cyberlux, et. al. in the Federal District Court of the Eastern District of Virginia
ENT-005
Entity
Internal Revenue Service
Federal tax authority holding liens against Cyberlux Corporation
Page 4 — The IRS holds liens against Cyberlux in the amount of $582,800.38
ENT-006
Entity
Secure Community, LLC
Virginia limited liability company in active litigation against Cyberlux
Page 4 — Secure Community, LLC, ("Secure Community") is a Virginia limited liability company with its principal place of business in Richmond, Virginia. Secure Community is in active litigation against Cyberlux, claiming $8,660,739.10 in Virginia court Cause No. CL-24-003910
ENT-007
Entity
Thin Air Gear, LLC
Nevada limited liability company with principal place of business in Colorado Springs, holding judgment against Cyberlux
Page 4 — Thin Air Gear, LLC, ("Thin Air") is a Nevada limited liability company with its principal place of business in Colorado Springs, Colorado, and is a judgment creditor for $1,224,275.14 in United States Federal District Court of Colorado, Cause No. 1:25-cv-00805
ENT-008
Entity
Unpaid Cyberlux Employees
Class of unpaid employees from Cyberlux's Spring, Texas facility represented by Phillip R. Tucker and Neill Whiteley
Page 4, 5 — Phillip R. Tucker ("Tucker") is a natural person and an adult citizen of Texas. Neill Whitely ("Whiteley") is a natural person and an adult citizen of Texas, and also generally recognize the class of unpaid employees from Cyberlux's Spring, Texas facility. They seek $2,676,378.58
EVT-001
Event
Receiver Appointment
Robert Berleth was appointed Receiver over Cyberlux Corporation by Texas court to collect judgment owed to Atlantic Wave Holdings
Page 2 — Mr. Berleth was appointed Receiver by the Court over Judgment Debtors CYBERLUX CORPORATION ("Cyberlux") to collect a judgment owed to ATLANTIC WAVE HOLDINGS, LLC in an Order Appointing Receiver ("OAR")
EVT-002
Event
HII Federal Interpleader Filing
HII Mission Technologies filed federal interpleader action in Eastern District of Virginia over disputed funds
Page 2, 3 — On June 24, 2025, HII Mission Technologies Corporation ("HII") filed an Interpleader action, cause no. 3:25-cv-483, styled HII Mission Tech. Corp. v. Cyberlux, et. al. in the Federal District Court of the Eastern District of Virginia-Richmond Division ("Federal Interpleader Action")
EVT-003
Event
Motion Filing
Receiver filed Motion to Supplement Receivership on August 29, 2025 in Harris County, Texas
Page 7 — I hereby certify that on Friday, August 29, 2025, a true and correct copy of the above and foregoing was forwarded to all counsel of record
EVT-004
Event
Discovery of Multiple Creditors
Soon after appointment, Receiver was contacted by multiple debtors of Cyberlux
Page 2 — Soon after his appointment, the Receiver was contacted by multiple debtors of Cyberlux
CLM-001
Claim
IRS Tax Lien Amount
IRS holds federal tax liens against Cyberlux totaling $582,800.38
Page 4 — The IRS holds liens against Cyberlux in the amount of $582,800.38
CLM-002
Claim
Secure Community Claim
Secure Community claims $8,660,739.10 in Virginia court litigation
Page 4 — Secure Community is in active litigation against Cyberlux, claiming $8,660,739.10 in Virginia court Cause No. CL-24-003910, styled Atlantic Waves Holdings, LLC v. Cyberlux Corporation, et. al., in the Circuit Court of the City of Richmond, Virginia
CLM-003
Claim
Caudle Legal Services Judgment
Caudle & Caudle holds judgment for $9,392.50 against Cyberlux for legal services
Page 4 — Caudle & Caudle, P.C. ("Caudle") is a judgment creditor for $9,392.50 against Cyberlux for legal services performed, with an address of 1910 Byrd Avenue, Ste. 118, Richmond, Virginia 23230, Cause No. CL23-07422, in the Circuit Court of the City of Richmond, Virginia
CLM-004
Claim
Aerotek Judgment
Aerotek, Inc. holds judgment for $344,227.25 against Cyberlux in North Carolina
Page 4 — Aerotek, Inc. ("Aerotek") is a Maryland stock corporation authorized to do business in Virginia, with its principal place of business in Hanover, Maryland. Aerotek is a judgment creditor for $344,227.25, in Cause No. 24CV034906-910, styled Aerotek, Inc. v. Cyberlux Corporation, et. al. in the General Court of Justice, Superior Court Division, in Wake County, North Carolina
CLM-005
Claim
Thin Air Gear Judgment
Thin Air Gear holds federal judgment for $1,224,275.14 against Cyberlux
Page 4 — Thin Air Gear, LLC, ("Thin Air") is a Nevada limited liability company with its principal place of business in Colorado Springs, Colorado, and is a judgment creditor for $1,224,275.14 in United States Federal District Court of Colorado, Cause No. 1:25-cv-00805, styled Thin Air Gear, LLC v. Cyberlux Corporation et al.
CLM-006
Claim
Employee Class Claim
Unpaid employee class seeks $2,676,378.58 from Cyberlux
Page 4, 5 — Phillip R. Tucker ("Tucker") is a natural person and an adult citizen of Texas. Neill Whitely ("Whiteley") is a natural person and an adult citizen of Texas, and also generally recognize the class of unpaid employees from Cyberlux's Spring, Texas facility. They seek $2,676,378.58
CLM-007
Claim
ARG Group Claim
The ARG Group has pending litigation seeking $13,500,000 from Cyberlux
Page 5 — The ARG Group, LLC ("The ARG Group") is an North Carolina limited liability company with its principal place of business a registered office at 231 Sloop Point Loop Rd, Hampstead, NC 28443. The ARG Group has pending litigation seeking $13,500,000 for the Disputed Funds, Cause No. 25CV004246-310, styled The ARG Group v. Cyberlux Corp, et. al., in the General Court of Justice, Superior Court Division, in Wake County, North Carolina
CLM-008
Claim
Third Generation Landlord Claim
Third Generation Development claims $342,478.34 for back rent and cleanup costs at Spring, Texas facility
Page 5 — Third Generation Development, L.P., ("Third Generation") is a Texas limited partnership with its principal place of business in Spring, Texas. Third Generation is the landlord for the Spring, Texas manufacturing facility owed back rent and facing significant cleanup costs, estimated at $342,478.34
CLM-009
Claim
HII Payment Amount
HII anticipates payment due to Cyberlux of $25,795,303.38 (the 'Corpus')
Page 3 — HII is anticipating a payment due to Cyberlux in the amount of $25,795,303.38 ("Corpus")
CLM-010
Claim
HII Legal Fees
HII has incurred attorney's fees approximating $300,000 due to contract termination issues
Page 3 — Due to the various shenanigans of Cyberlux before and during the termination of the federal contract, HII has incurred additional attorney's fees approximating $300,000
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
9 nodes
QUO-001
Quotation
Receiver's intensive work claim
Receiver states he has worked 'nearly 24/7 since his appointment' and that 'There have literally been hundreds of pages filed by Cyberlux'
Page 2 — The Receiver has now worked diligently on this case, nearly 24/7 since his appointment. There have literally been hundreds of pages filed by Cyberlux
QUO-002
Quotation
Characterization of Cyberlux conduct
Receiver characterizes Cyberlux actions as 'various shenanigans' and states Cyberlux 'has done everything possible to gain access to the Corpus, and abscond with the funds'
Page 3 — Due to the various shenanigans of Cyberlux before and during the termination of the federal contract, HII has incurred additional attorney's fees approximating $300,000. Cyberlux has done everything possible to gain access to the Corpus, and abscond with the funds
TLL-001
Tell
Series payment structure
Motion reveals receiver proposes series payment priority where first judgment is paid in full before moving to next, with receiver collecting fees on each judgment
Page 4 — "Series" means that the first judgment is to be paid in full prior to moving to the next. The Receiver should collect his fee on each judgment paid as they resolve
TLL-002
Tell
Multi-jurisdictional complexity
Case spans five jurisdictions: Texas state court, Virginia federal and state courts, North Carolina state court, and Colorado federal court
Page 2, 3, 4, 5 — in the Federal District Court of the Eastern District of Virginia... in the Circuit Court of the City of Richmond, Virginia... in the General Court of Justice, Superior Court Division, in Wake County, North Carolina... in United States Federal District Court of Colorado... United States Federal District Court, Southern District of Texas
TEN-001
Tension
Adversarial characterization vs. motion purpose
Receiver's inflammatory language about Cyberlux ('shenanigans', 'abscond with funds') creates tension with stated purpose to 'protect the interests of valid and creditable creditors'
Page 3 — This Motion is brought to protect the interests of valid and creditable creditors of Cyberlux... Due to the various shenanigans of Cyberlux before and during the termination of the federal contract... Cyberlux has done everything possible to gain access to the Corpus, and abscond with the funds
TEN-002
Tension
Fee structure justification
Receiver emphasizes complex factors justifying presumptive fees while noting they must still be proven at final disbursement
Page 5 — Due to the complex nature of this collection, requiring years of litigation experience as a receiver, the tenacity and veracity with which Cyberlux has attacked both the receivership and the Receiver personally, expert skill in department of defense work, multiple applicable state and federal laws, and considerable expenses paid by the Receiver in this case, the parties have agreed to the presumptive Receiver's fees as previously ordered by this Court. This is only a presumptive fee, and must still be proven at the final disbursement
QST-001
Question
Nature of Cyberlux federal contract work
What was the nature of the federal contract with HII and what led to its termination?
Page 3, 5 — Due to the various shenanigans of Cyberlux before and during the termination of the federal contract... expert skill in department of defense work
QST-002
Question
Total claims vs. available funds
Do the total creditor claims exceed the $25.8M corpus, and if so, by how much?
Page 3 — HII is anticipating a payment due to Cyberlux in the amount of $25,795,303.38 ("Corpus")... it appears the Receiver may be successful in his collection efforts resulting in a large surplus of funds
QST-003
Question
Personal attacks on receiver
What specific actions did Cyberlux take to attack the receivership and receiver personally?
Page 5 — the tenacity and veracity with which Cyberlux has attacked both the receivership and the Receiver personally
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Claims likely exceed available funds
Total identified claims appear to exceed $27 million against corpus of approximately $25.8 million, suggesting insufficient funds for all creditors despite receiver's optimism about 'large surplus'
Page 3 — HII is anticipating a payment due to Cyberlux in the amount of $25,795,303.38 ("Corpus")... it appears the Receiver may be successful in his collection efforts resulting in a large surplus of funds
INF-002
Inference
Series priority favors IRS and early creditors
Proposed series payment structure would prioritize IRS federal tax liens and earlier-listed creditors, potentially leaving later creditors unpaid if funds are insufficient
Page 4 — "Series" means that the first judgment is to be paid in full prior to moving to the next
INF-003
Inference
Defense contractor relationship deteriorated
Relationship between Cyberlux and HII Mission Technologies deteriorated significantly, evidenced by contract termination, HII's need for interpleader protection, and substantial legal fees
Page 3 — Due to the various shenanigans of Cyberlux before and during the termination of the federal contract, HII has incurred additional attorney's fees approximating $300,000
OMI-001
Omission
Original Atlantic Wave judgment amount
Motion does not disclose the amount of the original Atlantic Wave Holdings judgment that triggered the receivership
Page 2 — Mr. Berleth was appointed Receiver by the Court over Judgment Debtors CYBERLUX CORPORATION ("Cyberlux") to collect a judgment owed to ATLANTIC WAVE HOLDINGS, LLC
OMI-002
Omission
Specific conduct supporting characterizations
Motion provides inflammatory characterizations ('shenanigans', 'abscond with funds') but omits specific factual details about what Cyberlux actually did
Page 3 — Due to the various shenanigans of Cyberlux before and during the termination of the federal contract... Cyberlux has done everything possible to gain access to the Corpus, and abscond with the funds

Extracted text

7 pages · 9029 characters

Exhibit 13 — Formatted Extract

Type: exhibit
Court: EDVA
Matter: HII v. Cyberlux interpleader
Docket: 3:25-cv-00483
EXHIBIT 13

CAUSE NO. 2024-48085

ATLANTIC WAVE HOLDINGS, LLC § IN THE DISTRICT COURT

and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors, § § §

§

V.

129TH JUDICIAL COURT

CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants, Judgment-Debtors. §

§ §

§ IN AND FOR HARRIS COUNTY, TEXAS

MOTION TO SUPPLEMENT RECEIVERSHIP

COMES NOW, the Receiver ROBERT BERLETH, as Receiver for CYBERLUX CORPORATION and MARK D. SCHMIDT respectfully requests an order supplementing the original order appointing receiver in this Motion to Supplement Receivership, and for good cause shows the following:

I. Procedural History
1.
Mr. Berleth was appointed Receiver by the Court over Judgment Debtors CYBERLUX CORPORATION ("Cyberlux") to collect a judgment owed to ATLANTIC WAVE HOLDINGS, LLC in an Order Appointing Receiver ("OAR"). The Receiver has now worked diligently on this case, nearly 24/7 since his appointment. There have literally been hundreds of pages filed by Cyberlux.
2.
Soon after his appointment, the Receiver was contacted by multiple debtors of Cyberlux.
3.
On June 24, 2025, HII Mission Technologies Corporation ("HII") filed an Interpleader action, cause no. 3:25-cv-483, styled HII Mission Tech. Corp. v. Cyberlux, et. al. in the Federal District Court of the Eastern District of Virginia-

Richmond Division ("Federal Interpleader Action"). The Receiver worked diligently to organize, sort, certify credibility, and seek an amicable agreement in the Federal Interpleader Action. The Receiver is named as a party in the Federal Interpleader Action.

4.
This Motion is brought to protect the interests of valid and creditable creditors of Cyberlux. See U.S. CONST. art. IV, § 1; Dalton v. Dalton, 551 S.W.3d 126, 135 (Tex. 2018); and In re Oltivero, 07-24-00022-CV (Tex. App. Jan 07, 2025).
II. Additional Judgments
5.
HII is anticipating a payment due to Cyberlux in the amount of $25,795,303.38 ("Corpus"). Due to the various shenanigans of Cyberlux before and during the termination of the federal contract, HII has incurred additional attorney's fees approximating $300,000. Cyberlux has done everything possible to gain access to the Corpus, and abscond with the funds.
6.
Despite this, it appears the Receiver may be successful in his collection efforts resulting in a large surplus of funds, which should be made available to pay the other creditors of Cyberlux.
7.
The Receiver has discovered a total of eight outstanding judgments and/or litigations against Cyberlux. Pursuant to the Order Appointing Receiver Paragraph 22, the Receiver may obtain permission for this and other courts to satisfy several judgments against the same debtor. Barrera v. State, 130 S.W.3d. 253 (Tex .App .-- Houston [14th Dist.] 2004, no pet.) The Receiver asks this Court

to supplement the OAR to add the additional Judgments in the following series1 to the current receivership:

(a) United States Department of Treasury, part of the United States of America ("United States") is named as a party defendant pursuant to 28 U.S.C. § 2410 as it may claim an interest in the Disputed Funds (as defined below) by virtue of federal tax liens asserted by the Internal Revenue Service ("IRS") against Cyberlux's property interests. The IRS holds liens against Cyberlux in the amount of $582,800.38;

(b) Secure Community, LLC, ("Secure Community") is a Virginia limited liability company with its principal place of business in Richmond, Virginia. Secure Community is in active litigation against Cyberlux, claiming $8,660,739.10 in Virginia court Cause No. CL-24- 003910, styled Atlantic Waves Holdings, LLC v. Cyberlux Corporation, et. al., in the Circuit Court of the City of Richmond, Virginia;

(c) Caudle & Caudle, P.C. ("Caudle") is a judgment creditor for $9,392.50 against Cyberlux for legal services performed, with an address of 1910 Byrd Avenue, Ste. 118, Richmond, Virginia 23230, Cause No. CL23-07422, in the Circuit Court of the City of Richmond, Virginia;

(d) Aerotek, Inc. Aerotek, Inc. ("Aerotek") is a Maryland stock corporation authorized to do business in Virginia, with its principal place of business in Hanover, Maryland. Aerotek is a judgment creditor for $344,227.25, in Cause No. 24CV034906-910, styled Aerotek, Inc. v. Cyberlux Corporation, et. al. in the General Court of Justice, Superior Court Division, in Wake County, North Carolina;

(e) Thin Air Gear, LLC, ("Thin Air") is a Nevada limited liability company with its principal place of business in Colorado Springs, Colorado, and is a judgment creditor for $1,224,275.14 in United States Federal District Court of Colorado, Cause No. 1:25-cv-00805, styled Thin Air Gear, LLC v. Cyberlux Corporation et al.,

(f) Phillip R. Tucker ("Tucker") is a natural person and an adult citizen of Texas. Neill Whitely ("Whiteley") is a natural person and an adult

1
"Series" means that the first judgment is to be paid in full prior to moving to the next. The Receiver should collect his fee on each judgment paid as they resolve.

citizen of Texas, and also generally recognize the class of unpaid employees from Cyberlux's Spring, Texas facility. They seek $2,676,378.58. They jointly are plaintiffs in Cause No. 4:2025Cv02770, Tucker, et. al v. Cyberlux Corp. in the United States Federal District Court, Southern District of Texas- Houston Division;

(g) The ARG Group, LLC ("The ARG Group") is an North Carolina limited liability company with its principal place of business a registered office at 231 Sloop Point Loop Rd, Hampstead, NC 28443. The ARG Group has pending litigation seeking $13,500,000 for the Disputed Funds, Cause No. 25CV004246-310, styled The ARG Group v. Cyberlux Corp, et. al., in the General Court of Justice, Superior Court Division, in Wake County, North Carolina; and

(h) Third Generation Development, L.P., ("Third Generation") is a Texas limited partnership with its principal place of business in Spring, Texas. Third Generation is the landlord for the Spring, Texas manufacturing facility owed back rent and facing significant cleanup costs, estimated at $342,478.34.

8.
The Receiver requests supplement of the Receivership Order dated May

22, 2025 and to add the above-listed judgments and cause numbers for collection in this receivership.

III. Receiver's Fee Structure
9.
Due to the complex nature of this collection, requiring years of litigation experience as a receiver, the tenacity and veracity with which Cyberlux has attacked both the receivership and the Receiver personally, expert skill in department of defense work, multiple applicable state and federal laws, and considerable expenses paid by the Receiver in this case, the parties have agreed to the presumptive Receiver's fees as previously ordered by this Court. The Bergron factors only speak to the effectiveness of receivership, and do not require a lodestar application for fees. This is only a presumptive fee, and must still be proven at the

final disbursement in accordance with meeting the Bergeron and Moyer elements and Rohrmoos Venture requirements.

IV. Prayer

WHEREFORE, PREMISES CONSIDERED, Receiver, Robert Berleth, respectfully requests that the Court enter an order supplementing the judgment from the above-listed cause numbers at 17, a-h, into this Receivership, and for any other relief at law or equity, general or specific to which they are justly entitled.

Respectfully submitted by:

Jristian Harris

BERLETH & ASSOCIATES, PLLC Robert W. Berleth Texas Bar # 24091860

SDOT #: 3062288

E-mail: rberleth@berlethlaw.com Tristian L. Harris Texas Bar # 24134449

SDOT #: 3848849

E-mail: tharris@berlethlaw.com 9950 Cypresswood Dr. Suite 200 Houston, Texas 77070 Tele: 713-588-6900

APPOINTED RECEIVER

CERTIFICATE OF SERVICE

I hereby certify that on Friday, August 29, 2025, a true and correct copy of the above and foregoing was forwarded to all counsel of record via certified mail, return receipt requested, regular mail, e-mail and/or facsimile. Electronic records were also forwarded in accordance with local rules through the E-file or CM/ECF system.

Counsel for Creditor

Via Texas E-file

Atlantic Wave Holdings, LLC

Shawn M. Grady

SBN 24076411

shawn@gradycollectionlaw.com

2100
West Loop South, Ste. 805

Houston, Texas 77027

Counsel for Debtor,

Via Texas E-file

Cyberlux Corporation

Alexander J. Pennetti

State Bar No. 24110208

THOMPSON COBURN LLP

2100
Ross Avenue, Suite 3200

Dallas, Texas 75201

Jeristian Harris

Tristian L. Harris

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ip-hii-edva-00483-doc-0175-exhibit-15.pdf
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