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...
DISTIL analysis
- 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
Extracted text
7 pages · 9029 charactersCAUSE 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
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:
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.
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
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.
22, 2025 and to add the above-listed judgments and cause numbers for collection in this receivership.
final disbursement in accordance with meeting the Bergeron and Moyer elements and Rohrmoos Venture requirements.
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
Houston, Texas 77027
Counsel for Debtor,
Via Texas E-file
Cyberlux Corporation
Alexander J. Pennetti
State Bar No. 24110208
THOMPSON COBURN LLP
Dallas, Texas 75201
Jeristian Harris
Tristian L. Harris
Original source file
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