Evidence Record
AW Harris Awh 2024 48085 Doc. 121014245
Cyberlux/Atlantic Wave - revised Agreed Order re Motion to Correct (draft)
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
email_correspondence
Total Nodes
20
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
email_correspondence legal_counsel civil_litigation_receivership 2025-06-06
emergency_motionproposed_order_disputereceiver_appointment_scope
Analytical Frame
procedural_dispute_motion_practice
Analytical Summary
This email from Alex Pennetti of Thompson Coburn LLP to opposing counsel Robert Berleth and David A. Walton, dated June 6, 2025, concerns litigation between Cyberlux/Atlantic Wave parties involving a receivership order. Pennetti transmits emergency motions and a revised proposed agreed order relating to correcting or modifying a receiver appointment order. The central dispute involves whether Mark Schmidt, his wife, and their property should have been included within the scope of the receivership order. Pennetti rejects a proposed limitation to 'future actions only,' asserting that Schmidt should not have been included in the first place, indicating a fundamental disagreement about the original scope of the receiver's authority.
Key Points
- Email from Cyberlux counsel Alex Pennetti to opposing counsel dated June 6, 2025
- Transmits emergency motions including Motion to Stay/Suspend Enforcement of Turnover Order and Motion to Correct Order Appointing Receiver
- Disputes inclusion of Mark Schmidt, his wife, and property in receivership order
- Rejects opposing counsel's proposed limitation to 'future actions only'
- Asserts Schmidt should not have been included in the receivership from the outset
Stage 2
Core — Entities, Events, Claims
12 nodes
ENT-001
Entity
Alex Pennetti
Alex Pennetti, attorney at Thompson Coburn LLP, Dallas office, representing Cyberlux in receivership litigation
Page 2 — Pennetti, Alex
From:
Pennetti, Alex
Sent:
Friday, June 6, 2025 6:27 PM
apennetti@thompsoncoburn.com
P: 972 629 7168
Thompson Coburn LLP
2100 Ross Avenue Suite 3200
Dallas, TX 75201
ENT-002
Entity
Robert Berleth
Robert Berleth, opposing counsel recipient of this email communication
Page 2 — To:
Robert Berleth; 'David A. Walton'
Also, per Robert's email (attached), I added some of the requested language.
ENT-003
Entity
David A. Walton
David A. Walton, opposing counsel recipient of this email communication
Page 2 — To:
Robert Berleth; 'David A. Walton'
Robert and David:
ENT-004
Entity
Douglas S. Lang
Douglas S. Lang, copied on the email communication
Page 2 — Cc:
Lang, Douglas S.
ENT-005
Entity
Mark Schmidt
Mark Schmidt, individual whose inclusion in the receivership order is contested, along with his wife and property
Page 2 — 2025.06.03 Defs' Emergency Mot to Correct Order Appointing Receiver to Exclude Mark
Schmidt, his wife & Property from Imposition.pdf
However, the proposed limitation to
future actions only is inappropriate given that Schmidt should not have been included in the first place.
ENT-006
Entity
Cyberlux/Atlantic Wave
Cyberlux and Atlantic Wave, parties to the receivership litigation, represented by Alex Pennetti
Page 2 — Subject:
Cyberlux/Atlantic Wave - revised Agreed Order re Motion to Correct (draft)
Cyberlux's Notice of Emergency Hearing.pdf;
2025-06-06 Cyberlux's Motion to Stay or Suspend Enforcement of Turnover Order.pdf
EVT-001
Event
Email transmission June 6, 2025
Alex Pennetti sent email to Robert Berleth and David A. Walton on Friday, June 6, 2025 at 6:27 PM transmitting emergency motions and proposed agreed order
Page 2 — Pennetti, Alex
From:
Pennetti, Alex
Sent:
Friday, June 6, 2025 6:27 PM
To:
Robert Berleth; 'David A. Walton'
EVT-002
Event
Filing of emergency motions June 2025
Cyberlux filed emergency motions on or before June 6, 2025, including Motion to Stay or Suspend Enforcement of Turnover Order and Emergency Motion to Correct Order Appointing Receiver dated June 3, 2025
Page 2 — RE: Agreed Motion to Abandon; Cyberlux's Notice of Emergency Hearing.pdf;
2025-06-06 Cyberlux's Motion to Stay or Suspend Enforcement of Turnover Order.pdf;
2025.06.03 Defs' Emergency Mot to Correct Order Appointing Receiver to Exclude Mark
Schmidt, his wife & Property from Imposition.pdf
EVT-003
Event
Order Appointing Receiver (prior)
A court order appointing a receiver was previously entered, which included Mark Schmidt, his wife, and their property within its scope
Page 2 — 2025.06.03 Defs' Emergency Mot to Correct Order Appointing Receiver to Exclude Mark
Schmidt, his wife & Property from Imposition.pdf
However, the proposed limitation to
future actions only is inappropriate given that Schmidt should not have been included in the first place.
EVT-004
Event
Negotiation of agreed order language
Robert Berleth previously sent email with requested language for agreed order, to which Pennetti responded by adding some but not all requested language
Page 2 — Also, per Robert's email (attached), I added some of the requested language. However, the proposed limitation to
future actions only is inappropriate given that Schmidt should not have been included in the first place.
CLM-001
Claim
Limitation to future actions is inappropriate
Pennetti asserts that Robert Berleth's proposed limitation of the agreed order to future actions only is inappropriate
Page 2 — However, the proposed limitation to
future actions only is inappropriate given that Schmidt should not have been included in the first place.
CLM-002
Claim
Schmidt should not have been included originally
Pennetti asserts that Mark Schmidt should not have been included in the receivership order in the first place, providing justification for rejecting prospective-only limitation
Page 2 — However, the proposed limitation to
future actions only is inappropriate given that Schmidt should not have been included in the first place.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
4 nodes
TEN-001
Tension
Scope dispute: retroactive vs. prospective correction
Fundamental tension between opposing counsel regarding whether correction of receiver order should apply retroactively (removing Schmidt entirely) or prospectively only (limiting to future actions)
Page 2 — Also, per Robert's email (attached), I added some of the requested language. However, the proposed limitation to
future actions only is inappropriate given that Schmidt should not have been included in the first place.
QST-001
Question
What is the legal basis for Schmidt's original inclusion?
The document does not reveal the legal or factual basis upon which Mark Schmidt, his wife, and property were originally included in the receivership order, though this inclusion is now contested
Page 2 — 2025.06.03 Defs' Emergency Mot to Correct Order Appointing Receiver to Exclude Mark
Schmidt, his wife & Property from Imposition.pdf
QST-002
Question
What are the terms of the turnover order being challenged?
The document references a Motion to Stay or Suspend Enforcement of Turnover Order but does not detail the underlying turnover order's terms or enforcement actions
Page 2 — 2025-06-06 Cyberlux's Motion to Stay or Suspend Enforcement of Turnover Order.pdf
QST-003
Question
What is Schmidt's relationship to the litigation parties?
The document does not clarify Mark Schmidt's relationship to Cyberlux, Atlantic Wave, or other parties, though his inclusion in the receivership is central to the dispute
Page 2 — 2025.06.03 Defs' Emergency Mot to Correct Order Appointing Receiver to Exclude Mark
Schmidt, his wife & Property from Imposition.pdf
Stage 4
Interpretive — Inferences, Omissions, Patterns
4 nodes
INF-001
Inference
Emergency status indicates urgency of Schmidt exclusion
The filing of multiple emergency motions and scheduling of emergency hearing suggests that continued inclusion of Schmidt in the receivership order poses immediate harm or urgency requiring expedited court intervention
Page 2 — Cyberlux's Notice of Emergency Hearing.pdf;
2025-06-06 Cyberlux's Motion to Stay or Suspend Enforcement of Turnover Order.pdf;
2025.06.03 Defs' Emergency Mot to Correct Order Appointing Receiver to Exclude Mark
Schmidt, his wife & Property from Imposition.pdf
INF-002
Inference
Partial negotiation breakdown on agreed order
Pennetti's statement that he 'added some of the requested language' but rejected the prospective-only limitation indicates that counsel reached partial agreement but have a fundamental disagreement preventing a fully agreed order
Page 2 — Also, per Robert's email (attached), I added some of the requested language. However, the proposed limitation to
future actions only is inappropriate given that Schmidt should not have been included in the first place.
OMI-001
Omission
No detail on receiver identity or scope
The email does not identify who was appointed as receiver or describe the full scope of the receiver's authority beyond the contested inclusion of Schmidt and related property
Page 2 — 2025.06.03 Defs' Emergency Mot to Correct Order Appointing Receiver to Exclude Mark
Schmidt, his wife & Property from Imposition.pdf
OMI-002
Omission
No discussion of merits of underlying case
The email is strictly procedural, addressing receivership scope corrections, with no discussion of the underlying claims or defenses in the Cyberlux/Atlantic Wave litigation
Page 2 — Subject:
Cyberlux/Atlantic Wave - revised Agreed Order re Motion to Correct (draft)
Extracted text
2 pages · 1223 charactersExhibit E
Unofficial Copy Office of lyn Burgess District Clerk
Pennetti, Alex
From:
Pennetti, Alex
Sent:
Friday, June 6, 2025 6:27 PM
To:
Robert Berleth; 'David A. Walton'
Cc:
Lang, Douglas S.
Subject:
Cyberlux/Atlantic Wave - revised Agreed Order re Motion to Correct (draft)
Attachments:
RE: Agreed Motion to Abandon; Cyberlux's Notice of Emergency Hearing.pdf; 2025-06-06 Cyberlux's Motion to Stay or Suspend Enforcement of Turnover Order.pdf; 2025.06.03 Defs' Emergency Mot to Correct Order Appointing Receiver to Exclude Mark Schmidt, his wife & Property from Imposition.pdf; Cyberlux; Proposed Agreed Order on Motion to Correct or Modify Order Appointing Receiver.docx)
Robert and David:
Please see courtesy copies of the attached notice and emergency motions.
Also, per Robert's email (attached), I added some of the requested language. However, the proposed limitation to future actions only is inappropriate given that Schmidt should not have been included in the first place. My
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
Unofficial Copy Office of Marilyn Bi dass District & sesam Spd-
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