Exhibit 2 – Order
6/5/2025 12:13 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101664202 By: Shanelle Taylor Filed: 6/5/2025 12:13 PM
DISTIL analysis
- Travis Vargo provides payoff spreadsheet for Cyberlux but excludes collection fees/costs claimed as substantial
- Parties dispute total amount owed under settlement agreement and what payments have been credited
- Court ordered depositions of multiple witnesses within tight timeframe causing scheduling conflicts
- Defense counsel requests payoff letter with supporting documentation before depositions proceed
- Document filed June 5, 2025 as exhibit to defendants' objection to receiver appointment order
Extracted text
9 pages · 14717 characters6/5/2025 12:13 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101664202 By: Shanelle Taylor Filed: 6/5/2025 12:13 PM
Unofficial Copy Office on Marilyn Burgess District Clerk
Archived: Thursday, June 5, 2025 9:32:05 AM From: Travis Vargo
Mail received time: Tue, 28 Jan 2025 21:42:20
Sent: Tue, 28 Jan 2025 21:41:56
To: Pennetti, Alex Clark, Katharine B. Cc: 'shawn@gradycollectionlaw.com' Subject: RE: Order Importance: Normal Sensitivity: None Attachments: Payoff Cyberlux v 2.xlsx :selected:
RECEIVED FROM EXTERNAL SENDER - USE CAUTION
See attached. Travis B. Vargo Vargo Law Firm, PC (713) 524-2441 - Office
From: Travis Vargo Sent: Tuesday, January 28, 2025 3:41 PM To: Pennetti, Alex <APennetti@thompsoncoburn.com>;clark, Katharine B. < KClark@thompsoncoburn.com> Cc: 'shawn@gradycollectionlaw.com' <shawn@gradycollectionlaw.com> Subject: RE: Order
Alex,
Here is a pay-off that I prepared based on documents that I've seen. This does not include collection fees and costs that my client is entitled to under the settlement agreement, which I understand to be a substantial sum. Obviously, I need to investigate this number, declare it, and provide support for it. I also need to confirm this spreadsheet with my client. In the meantime, please let me know your thoughts. If your client made payments that are not shown on tab 2, please send me evidence of the payment so that I can discuss it with my client and provide proper credit, if applicable.
Yes, provide dates for the court ordered depositions please.
I don't have authority to move a court ordered deadline. My client also opposes in light of your client's continued filings that necessitate responses from my firm.
Travis B. Vargo Vargo Law Firm, PC (713) 524-2441 - Office
From: Pennetti, Alex <APennetti@thompsoncoburn.com> Sent: Tuesday, January 28, 2025 3:03 PM To: Travis Vargo <tvargo@vargolawfirm.com>; Clark, Katharine B. < KClark@thompsoncoburn.com> Cc: 'shawn@gradycollectionlaw.com' <shawn@gradycollectionlaw.com> Subject: RE: Order
ofclans de & Office t & Marilyn Burgess District Clerk
Hi, Travis.
With the tight timeframe, we need to proceed with the depositions of the three court-ordered witnesses first. I'm working on those dates, as Katie said. For the other two, as Katie asked, let us know on Mr. Robinson because I'm not clear on whether we're trying to coordinate everyone or if you guys want to depose him twice.
Do you have any update on the payoff letter and supporting documentation that we discussed last week? Given the existing dispute over what is owed, without a payoff letter and supporting documentation, we need to depose Messrs. Welter, Peterson, and Keithly.
If we need to pursue the depositions of Messrs. Robinson, Watts, Welter, Peterson, and Keithly,perhaps we can schedule a full week to conduct these. But as you told the Court, the plaintiffs have been crediting amounts received or collected against the judgment, so I would imagine a payoff history and payoff amount is something that can be provided relatively easily, which would mean those depositions wouldn't be necessary.
Also, may we have until next Friday, 2/7, to serve discovery responses?
Best,
Alex Pennetti apennetti@thompsoncoburn.com P: 972 629 7168 F: 972 629 7171
Thompson Coburn LLP 2100 Ross Avenue Suite 3200 Dallas, TX 75201 www.thompsoncoburn.com
From: Taylor, Shanelle (DCO) <shanelle.taylor@hcdistrictclerk.com>
Sent: Tuesday, January 28, 2025 11:29 AM
To: 'Travis Vargo' <tvargo@vargolawfirm.com>; Clark, Katharine B. < KClark@thompsoncoburn.com> Cc: Pennetti, Alex <APennetti@thompsoncoburn.com>; 'shawn@gradycollectionlaw.com' <shawn@gradycollectionlaw.com>; 'Robert Berleth' <rberleth@berlethlaw.com> Subject: RE: Order Importance: High
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Good Morning,
Can you please remove court staff from this email.
Thank you,
** PLEASE CONFIRM ALL LAW DAY HEARINGS ARE SET WITH THE COURT BEFORE YOU FILE NOTICE **
mmofficial Dry Office karaf Marilyn Burgess Districttar chceli
DISTRICT CLERK
Shanelle Taylor Lead Clerk, 129th Civil District Court MARILYN BURGESS, Harris County District Clerk 201 Caroline, Floor 10| Houston, TX 77002
From: Travis Vargo <tvargo@vargolawfirm.com> Sent: Tuesday, January 28, 2025 11:16 AM To: Clark, Katharine B. < KClark@thompsoncoburn.com> Cc: Pennetti, Alex <APennetti@thompsoncoburn.com>; 'shawn@gradycollectionlaw.com' <shawn@gradycollectionlaw.com>; 'Robert Berleth' <rberleth@berlethlaw.com>; Taylor, Shanelle (DCO) <shanelle.taylor@hcdistric@terk.com>
Subject: RE: Order Importance: High
[WARNING] This email originated outside HCDCO. DO NOT CLICK links or attachments unless you know the content is safe.
Alex,
Please provide availability or conflicts for the depositions. Given lawyer calendars, we should not wait any longer to schedule.
PS - The only lawyers in Texas representing the Judgment Creditors are on this email.
Travis B. Vargo Vargo Law Firm, PC (713) 524-2441 - Office
From: Clark, Katharine B. < KClark@thompsoncoburn.com> Sent: Monday, January 27, 2025 10:44 PM To: Travis Vargo <tvargo@vargolawfirm.com> Cc: Pennetti, Alex <APennetti@thompsoncoburn.com>; 'shawn@gradycollectionlaw.com' <shawn@gradycollectionlaw.com>; 'Robert Berleth' <rberleth@berlethlaw.com>; 'shanelle.taylor@hcdistrictclerk.com' <shanelle.taylor@hcdistrictclerk.com> Subject: Re: Order
Alex will respond, as he has been working on confirming availability of the three witnesses for the depositions that the court ordered occur within the next few weeks.
We also received word from Virginia that someone else besides you has sought Mr. Robinson's availability for the Texas action, and they have given him a different timeline for response than you do below.
From: Travis Vargo <tvargo@vargolawfirm.com> Sent: Monday, January 27, 2025 5:20:50 PM To: Clark, Katharine B. < KClark@thompsoncoburn.com> Cc: Pennetti, Alex <APennetti@thompsoncoburn.com>; 'shawn@gradycollectionlaw.com' <shawn@gradycollectionlaw.com>; 'Robert Berleth' <rberleth@berlethlaw.com>; 'shanelle.taylor@hcdistrictclerk.com' <shanelle.taylor@hcdistrictclerk.com> Subject: RE: Order
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Katharine,
Below I sought the following depositions per the attached Order:
· January 28 (all day) - Mr. Schmidt
. January 29 (morning 9am-12pm, I have a hearing at 1:30) - Mr. Watts Jr.
· January 30 (all day) - Mr. Robinson
I received no response, no alternative dates, nothing. Please respond or we are going to notice these depositions per our schedules. If you do not attend, we will seek a show cause.
Thanks. Travis B. Vargo Vargo Law Firm, PC (713) 524-2441 - Office
From: Clark, Katharine B. < KClark@thompsoncoburn.com>
Sent: Monday, January 20, 2025 5:55 PM
To: Travis Vargo <tvargo@vargolawfirm.com> Cc: Pennetti, Alex <APennetti@thompsoncoburn.com>; 'shawn@gradycollectionlaw.com' <shawn@gradycollectionlaw.com>; 'Robert Berleth' <rberleth@berlethlaw.com>; 'shanelle.taylor@hcdistrictclerk.com' <shanelle.taylor@hcdistrictclerk.com> Subject: RE: Order
Ms. Taylor -
It was our understanding the Court requested that we present authorities to assist the Court in his review of any proposed order edits, and so attached is Defendants' letter brief submitted in support of Defendants' proposed form of Order, which I submitted via e-mail earlier today. We will also be filing this on the docket. However, because today is a holiday for our law firm, we may not have sufficient staff to do so. If we do not file today, we will do so first thing tomorrow morning.
Sincerely,
Katharine Battaia Clark kclark@thompsoncoburn.com P. 972 629 7114 F: 972 629 7171
Thompson Coburn LLP 2100 Ross Avenue Suite 3200 Dallas, TX 75201 www.thompsoncoburn.com
From: Clark, Katharine B. Sent: Monday, January 20, 2025 3:00 PM To: Travis Vargo <tvargo@vargolawfirm.com> Cc: Pennetti, Alex <APennetti@thompsoncoburn.com>; shawn@gradycollectionlaw.com; Robert Berleth <rberleth@berlethlaw.com>; shanelle.taylor@hcdistrictclerk.com
Subject: RE: Order
Ms. Taylor -
We had noted that our objects were due today, Monday. Attached is the proposed form of order by Defendants, marked with track changes. We will be filing a letter brief, as well, in support of these proposed changes.
unofficial Copy Office de laterilyn Burgess District Clerk
Sincerely,
Katharine Battaia Clark kclark@thompsoncoburn.com P: 972 629 7114 F: 972 629 7171
Thompson Coburn LLP 2100 Ross Avenue Suite 3200 Dallas, TX 75201 www.thompsoncoburn.com
From: Travis Vargo <tvargo@vargolawfirm.com>
Sent: Monday, January 20, 2025 2:55 PM To: shanelle.taylor@hcdistrictclerk.com Cc: Clark, Katharine B. < KClark@thompsoncoburn.com>; Pennetti, Alex <APennetti@thompsoncoburn.com>; shawn@gradycollectionlaw.com; Robert Berleth <rberleth@berlethlaw.com> Subject: FW: Order
RECEIVED FROM EXTERNAL SENDER - USE CAUTION
Shanelle,
Please see attached MS word version of the order of turnover and appointment of receiver that Judge Gomez requested last Thursday. It is also being filed today per the Judge's request.
It was sent to the Judgment Debtor's counsel Friday as ordered by the Judge. No objections or changes were received.
Travis B. Vargo Vargo Law Firm, PC (713) 524-2441 - Office
From: Travis Vargo
Sent: Friday, January 17, 2025 2:16 PM
To: kclark@thompsoncoburn.com;apennetti@thompsoncoburn.com Cc: Robert Berleth <rberleth@berlethlaw.com>; shawn@gradycollectionlaw.com Subject: Order
Counsel,
Please see attached. trimmed this order down to the bear minimum. I hope we can agree to a form. Please respond by 11am Monday if you have track changes so that we can try to work it out or otherwise advise the court concerning our disagreement and file the versions.
I also propose the following deposition schedule in accordance with the Judge's orders last night:
· January 28 (all day) - Mr. Schmidt
. January 29 (morning 9am-12pm, I have a hearing at 1:30) - Mr. Watts Jr.
. January 30 (all day) - Mr. Robinson
Have a nice weekend.
hamm copy Office of Medyn Burgess District Clerk
Travis B. Vargo Vargo Law Firm, PC 12012 Wickchester, Suite 670 Houston, TX 77079 (713) 524-2441 - Office (832) 779-8838 - Fax
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Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Frankie Huff on behalf of Alex Pennetti Bar No. 24110208 fhuff@thompsoncoburn.com Envelope ID: 101664202
Filing Code Description: Motion (No Fee)
Filing Description: Defendants Objection to Court s Order Appointing Receiver Dated May 22 2025 Status as of 6/5/2025 3:44 PM CST
Case Contacts
Name
BarNumber
TimestampSubmitted
Status
David A.Walton
dwalton@bellnunnally.com
6/5/2025 12:13:55 PM
SENT
LaDonna Arey
LArey@bellnunnally.com
6/5/2025 12:13:55 PM
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Sandra Meiners
smeiners@thompsoncoburn.com
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Travis Vargo
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Laurie DeBardeleben
Idebardeleben@thompsoncoburn.com
6/5/2025 12:13:55 PM
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Roxanna Lock
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6/5/2025 12:13:55 PM
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Shawn Grady
shawn@gradycollectionlaw.com
6/5/2025 12:13:55 PM
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Shawn Grady
shawn@gradycollectionlaw.com
6/5/2025 12:13:55 PM
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Jeff Brown
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Records Department
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Micah Jackson
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Sheli Davis
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Paula Gentry
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Lena Brasher
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Frankie Huff
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Tristian Harris
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Corinne Martin
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Hannah Fischer
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Hannah Petrea
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Michael Poynter
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Bernadette Martin
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Bernadette Martin
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Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Frankie Huff on behalf of Alex Pennetti Bar No. 24110208 fhuff@thompsoncoburn.com Envelope ID: 101664202
Filing Code Description: Motion (No Fee)
Filing Description: Defendants Objection to Court s Order Appointing Receiver Dated May 22 2025 Status as of 6/5/2025 3:44 PM CST
Case Contacts
Bernadette Martin
bernadette@gradycollectionlaw.com
6/5/2025 12:13:55 PM
SENT
Alex Pennetti
apennetti@thompsoncoburn.com
6/5/2025 12:13:55 PM
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Douglas S.Lang
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6/5/2025 12:13:55 PM
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Katharine Clark
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Edward W.Gray, Jr.
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Jocelin A. Tapia
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Greg Nieman
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Jemisha Gandhi
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David M.Keithly
dkeithly@mortensontaggart.com
6/5/2025 12:13:55 PM
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Original source file
- File
- aw-harris-awh-2024-48085-doc-120929912.pdf
- Source UID
- source:8a76c1c83c3c99879564ee77638d5f2061eadfbc9a5a567fb04617d86b04def4
- Full SHA-256
- 8a76c1c83c3c99879564ee77638d5f2061eadfbc9a5a567fb04617d86b04def4