Exhibit 3

Unofficial Copy Office of marilyn Burgess District Clerk

REPORTER'S RECORD VOLUME 1 OF 3 VOLUMES TRIAL COURT CAUSE NO. 2024-48085

ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC

)

) )

Plaintiff /Judgment Creditor

VS .

CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually

Defendant / Judgment Debtors

Unofficial Copy Office of Marilyn Burgess District, Our"

IN THE DISTRICT COURT

) OF HARRIS COUNTY, TEXAS ) ) 55th JUDICIAL DISTRICT

)

) ) ) )

) )

) )

MOTION TO STAY

On the 9th day of June, 2025, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Latosha Lewis Payne, Judge presiding, held in Houston, Harris County, Texas

Proceedings reported by machine shorthand.

Tamika T. Bartee, B.C.R.,RPR, CSR #12593 Official Court Reporter Harris County, Texas

INDEX VOLUME 1 of 3 VOLUMES (MOTION TO STAY)

Appearances 3 Proceedings

Unofficial Copy Office of Marilyn Burgess District Clerk

Page Vol. 1

Court Reporter's Certificate

APPEARANCES

Mr. Robert W. Berleth State Bar No. 24091860 BERLETH & ASSOCIATES 9950 Cypresswood, Suite 200 Houston, TX 77070 E-mail: rberleth@berlethlaw.com

Mr. Derek Loetzerich State Bar No. 24102105 THE LAW OFFICE OF DEREK LOETZERICH P.O. Box 542069 Houston, TX 77254 E-mail: derek@loetzerichlaw.com

COUNSEL FOR THE PLAINTIFFS ATLANTIC WAVE AND SECURE COMMUNITY :

Mr. David Walton State Bar No. 24042120 BELL NUNNALLY 2323 Ross Avenue, Suite 1900 Dallas, TX 75201@ E-mail: dwalton@bellnunnally.com

FOR THE DEFENDANTS CYBERLUX CORPORATION AND MARK D. SCHMIDT:

E-mail: apennetti@thompsoncoburn.com E-mail: dlang@thompsoncoburn.com

Also Present: Mr. Chuck Watts, Special Counsel, Cyberlux Mr. Jimmy Robinson, Counsel, Virginia Litigation

Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas

Coffee of Marilyn Bangest District Clerk

APPEARANCES

Mr. Austin Priddy State Bar No. 24098284 VARTABEDIAN HESTER & HAYNES LLP 301 Commerce Street, Ste. 3635 Fort Worth, TX 76102-4143 E-mail: austin.priddy@vhh.law

Unofficial Copy Office of Marilyn Burgess District Clerk

Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas

PROCEEDINGS

THE COURT: The Court calls Cause No. 2024-48085, Atlantic Wave Holdings v. Cyberlux Corporation.

Counsel, please make your appearance. MR. BERLETH: Your Honore Robert Berleth. I am the court-appointed receiver This is my associate and Mr. Derek Loetzerich.

THE COURT: Okay

MR. LOETZERICH

As his counsel, but

Mr. Berleth is handling today.

THE COURT What did you just say? MR. LOETZERICH: As the receiver's counsel, but Mr. Berleth is handling today.

THE COURT: Oh, okay. Thank you.

MR. LOETZERICH: There is no need to add more input and make it worse.

THE COURT: Yes. No, it's okay. All

right

Unofficial Copy Price Offari so Burgess District & Jerks

And then is the other side not here? Who am I looking for?

MR. BERLETH: Probably Alexander Pennetti on Zoom. THE COURT: Oh, is he on Zoom?

MR. BERLETH: I assume he's here for his own hearing, Judge.

THE COURT: Okay. I assume so, but it happens that sometimes they're not.

MR. BERLETH: No. Has Your Honor had a chance to read the receiver's response?

THE COURT: Yes.

Okay. Good morning, everyone. I did call the case, but let me call it again.

Cause No. 2024-48085, Atlantic Wave Holdings, LLC v. Cyberlux Corporation.

I've had an appearance from the receiver and the receiver's counsel and associate.

Okay. & Is there counsel for the plaintiff on the line, Atlantic Wave Holdings? I think we're looking for

MR. WALTON: Here we go.

I'm David Walton on behalf of the plaintiffs, Atlantic Wave and Secure Community.

THE COURT: Okay. All right. Let me do

thi

Okay. Let me hear argument on your motion. Can you hear me?

MR. PENNETTI: Yes, Judge, I can. This is Alex Pennetti. I am counsel for the judgment debtors.

This is actually our motion.

THE COURT: Okay. MR. PENNETTI: And I have several counterparts with me and they are in different parts of the country. Is it okay if I allow them to introduce themselves?

THE COURT: Yes. Go ahead.

MR. LANG: Good morning, Your Honor. I am Douglas Lang. I'm an associate of Mr. Pennetti at Thompson Coburn, and I also represent Cyberlux.

THE COURT: Okay.

MR. WATTS: Your Honor, I am Chuck Watts. I am special counsel to Cyberlux Corporation and I represent Mark Schmidt as well.

MR. ROBINSON: Good morning, Your Honor. I am Jimmy Robinson and I represent Cyberlux in the Virginia litigations here in Virginia.

THE COURT: Okay.

MR. PENNETTI: And, Judge, I know sometimes these Zoom meetings aren't transcribed. Will this hearing be transcribed and may we have a transcription of this hearing?

THE COURT: Yes.

MR. PENNETTI: Okay. Thank you. As I stated, Judge, this is an emergency

hearing on judgment debtor's motion to stay and motion to modify and correct. I'll address the motion to stay first.

Essentially, in terms of background, this is a foreign judgment domestication action brought by Mr. Walton's clients, the judgment creditors. This arose from a settlement agreement in Virginia. As part of that settlement, there is a consent judgment entered that's being enforced here. Cyberlux continues to operate as a going concern as a defense contractor as a wholly - owned subsidiary. s my understanding there are several active contracts. I'll talk about one 13 | contract that's recently completed a little bit. But I just wanted to let you know that Cyberlux is not winding up business or anything like that; it's continuing to operate as a going concern.

And that's particularly important because this is a Deceivership under Chapter 31, so a post-judgment receivership under 31.002(b) (3). And, Judge, do you mind if I share my screen?

THE COURT: Sure.

MR. PENNETTI: And so, I'll share the statute with you here, 31.002(b) (3), and the highlighted portion is what I'm looking at. And the Court's

authority to appoint a receiver is limited in two important regards. First, as you can see there, the receiver, of course, can act as a normal receiver would, but he is limited to act on behalf to seize and sell property to pay the judgment creditors and the judgment creditors alone, as the plain language indicates.

So here that's the point I point at to Secure Community, Mr. Walton's clients.

The second important limitation is that the receiver only has authority tocact up the extent that's necessary to satisfy the judgment. So once the judgment -- there's money available to pay the judgment, that's the extent of his authority. He can't continue to act. He can't continue to seize and sell property under Chapter 31 under 31.002(b) (3).

So those are both at issue here. I've had several calls with the receiver since he's been appointed Oa couple of those were Wednesday and Thursday last week.

During the Thursday call I had with the receiver, we discussed the judgment amount that's due. He was appointed on a -- under a May 22nd order in this case, a turnover order. The turnover identifies that $2.11 million is outstanding on the judgment.

So on Thursday during our call -- and

counsel for Legalist, he was on that call; he's present here today. And I won't speak for him, but Legalist is a lending partner of Cyberlux Corporation; it has an existing credit agreement with Cyberlux. And under that credit agreement, it's my understanding -- Legalist's counsel may correct me - - Legalist is allowed to make protective advances under the credit agreement. In other words, Legalist can pay money on the judgment

or anything like that. They can just pay these funds to protect their collateral. And that's what Legalist attempted to do in this case.

So on Thursday, the call I mentioned I had with the receiver, Legalist's counsel and myself, Legalist's counsed, and I, on behalf of Cyberlux, tendered fundsusufficient to satisfy the judgment, sufficient to pay an award of attorneys' fees to Atlantic Wave, and sufficient to pay the receiver's fee in this case.

So we tendered $2.755 million. The 2.1 for the judgment, interest on the judgment; $546,000 to cover the receiver's fee. Now the receiver's fee, of course, Judge, has to be determined by the Court after reviewing the receiver's accounting. But out of an abundance of caution, we tendered 25 percent on the

judgment amount to make sure the receiver's fee would be fully covered. We also tendered $21,677 representing the attorney's fees award Mr. Walton won on a remand issue, which was discussed in the receiver's response. So it's our position it's not germane to this hearing.

But essentially, during that call, it was about a half hour long. And at the end of the call with the receiver, we asked for and the receiver agreed to provide his wiring instructions. The turnover order requires us to pay the received directly. There is no language about depositing funds to the court registry, which I spoke with the court's accounting personnel myself and they told me that if we paid funds to the court's registry, it would be rejected without express language in the order allowing us to do so.

So the receiver hasn't given us any payment instructions And after our Thursday call, it's my understanding, what I've learned is the receiver is currently engaging with third parties, and I understand soliciting bids to try to sell Cyberlux, the subsidiary. The receiver is currently coordinating with HII Mission Technologies to try to obtain and collect $25 million receivable that is going to be paid to Cyberlux.

And so, essentially, we're offering payment for the full amount of the judgment and the receiver's

fee, and he's still coordinating with a third party, HII, to try to obtain an additional $25 million. And the receiver has taken the position several times in this case that he's entitled to 33 cents on every dollar that goes into his trust account.

So in total, it creates a huge problem for the company. I expect Mr. Berleth will get up here and tell you about all the creditors that are pursuing creditor. It -- what I mentioned in the beginning of this hearing, it is a completed contract. So HII is a prime defense contractor. It had a subcontract with Cyberlux. Cyberlux was unable to pay this judgment for some time because the HII contract is a significant amount of funds that had not yet been paid. The contract itself was terminated for convenience by the government. But essentially, what that means is that HII and Cyberlux had to work together to negotiate a final payment term, which they did reach at the end of February of this year. And then they have to wait for the government's final delivery instructions, which is up until May of this year. And I think it was the week after the receiver was appointed in this case -- in fact, the receiver's personnel went and watched this occur -- there was an inspection by the U.S. a

Government, HII, and Cyberlux personnel. All these goods that Cyberlux was contractually operated to deliver, the goods were shipped to the U.S. government. And now that delivery is complete, that receivable I mentioned, the $25 million, will be paid to Cyberlux. Now there are some credits and offsets in there, and I don't have the exact figures of what those are. But the large amount of that contract will be paid to Cyberlux.

However, the receiver is not entitled, and he doesn't have authority to collect any of that because we've tendered funds under the judgment amount, 31.002. Once those funds were tendered -- so on Thursday, when that occurred the receiver no longer has authority to go out and try to collect additional funds. And so, that's the first issue under 31.002. The other issue, I think, we're agreed in principal. That's on the motion to correct.

The turnover order in this case -- we had a hearing back in January. Plaintiffs conceded they presented no evidence about Mr. Schmidt's assets. The Court directed them to submit an order that didn't include Mr. Schmidt. I think inadvertently, Mr. Schmidt got included on the turnover order; that order was entered, and the receiver ended up sending notices to various banks. And so Mr. Schmidt's accounts have been

restricted.

Now the receiver agrees -- I can show you the transcript, Judge, and I can show you the portion of the transcript from January where everyone agreed, and the Court granted that Mr. Schmidt be left off the order. The only issue here is that the receiver wants the agreed order for this motion to modify to only affect future actions against Mr. Schmidt. And since this order shouldn't have been entered in the first place, it's voidable. So its our position that Mr. Schmidt should be removed. And because we have tendered funds sufficient to satisfy the judgment, the order should be retroactive as well, and the receiver should be allowed and required to submit notices to all financial institutions so that Mr. Schmidt's assets or bank accounts can be unrestricted.

And so, those are the two overarching requests and issues here. I do want to address briefly the receiver's response which was filed last night. The 20 |receiver seems to take issue with the fact that Legalist is technically paying the money directly to him. They're contractually able to do that. It makes no difference. The receiver can't pick and choose where the money comes from. If an angel investor approaches the receiver and says, "I want to satisfy this judgment

because I believe in Cyberlux, " the receivers can't say, Whoa, whao, whoa, we're not going to do that. I am going to chase around other debts of Cyberlux and continue to pursue the company.

The receiver calls this motion and our motions interference with the turnover order. That's not the case. Section -- Paragraph 21(h) and Paragraph 24 allow us to seek protective motions just like this, especially complying with the order, which

down. And we were allowed to sue them under the order in the 129th District Court. The receiver claims that because you're hearing this motion, it's improper because it's not technically before Judge Gomez. Judge Gomez is out for two weeks. The emergent nature of this case is, one, of course, the huge receivable that Cyberlux will be paid. And Cyberlux needs those funds to operate to pay the creditors outstanding in the order that they're due, not necessarily according to what the receiver with no authority determines.

And also, Cyberlux needs its wholly -owned subsidiary. Most of those -- excuse me. Many, if not all of those contracts -- I don't understand which ones are the subsidiaries' contracts and which ones are Cyberlux. But many of those contracts are being handled

by HII. And so the receiver's solicitation of bids has concerned a variety of business stakeholders in the company and business partners outside the company. So there is a significant risk if the receiver continues to act, it's going to destroy the business. am not sure how urgent that is at this point, but if the receiver continues to take these actions that are outside it's authority, it will destroy the business.

The receiver -- the Last thing I'll address. The receiver claims didn't provide notice to

notifications, as well as the e-mail I sent him. He says he didn't get notice of this hearing through the e-filing service and I didn't provide him a courtesy e-mail. Both of those are untrue. And I will share the -- my computer is freezing, I'm sorry. I'll show you the verification of service, first.

Can you see this, Judge?

THE COURT: Yes.

oficial Copyofces ofMy Burger Being month

MR. PENNETTI: Okay. Here's the notice of hearing. I don't know why, but Mr. Berleth doesn't appear to be on this. But he's got four employees ; there's one lawyer, three paralegals. All four of them are here. Tristian Harris is the lawyer; Martin, Davis 25 and Jackson are the paralegals, at least based on my

review of the website. This is the motion to stay enforcement. Again, you have all four Berleth employees there. And then, the e-mail that I sent him is right here. Mr. Berleth, Mr. Walton, Mr. Lang. I've got notice of hearing, the two motions, and then agreed order on motion to modify.

I also, for what it's worth, I had discussed with Mr. Berleth, to the extent he suggests we haven't tried to resolve these issues, I told him in our Wednesday call that we were fiding written objections. Our written objections also address the limitations on his authority, so he's aware of those too. So I don't know where this lack of notice is coming from.

So, essentially, what we're asking you to do is enter an order allowing us, one, to pay funds into the court's registry since Mr. Berleth hasn't provided those payment instructions. Two, to make plain limitations on the receiver's authority under 31.002; find that the judgment be marked satisfied upon the Court's receipt of payment; order the receiver to suspend all activities to take possession or sell Cyberlux's property, or take possession or cash; order the receiver to contact all parties and notify them of this order, of your impending order, we hope; Order that all further actions by the receiver be stayed and order

that a satisfaction of judgment be entered and any credits or offsets be applied after the receiver is paid, be relinquished to Cyberlux.

And the only thing I'll address is this judgment amount of 2.1 million in the turnover order. We addressed this in our objections, I think, and I've addressed this with Mr. Berleth on the phone. I'll let Mr. Walton speak to this. But the judgment amount is wrong. So Mr. Walton submitted a letter to the Court on May 15th, and he identifies that there is a balance of $912, 000 outstanding. The turnover order has an order of $2.1 million. So it's somewhere between -- I guess the ultimate number is somewhere between those two. So that's the remaining issue. Again, we've raised that in our objections.

And Mr. Walton will probably tell you this. There's a lot of litigation between these two, which are effectually former business partners, Atlantic Wave and Cyberlux. So really, Mr. Walton is the managing director of Atlantic Wave, and Mr. Schmidt, CEO of Cyberlux. So there's a lot of pending litigation in Virginia. I understand there's a breach of contract, breach of settlement agreement matters that's pending there. Mr. Roberts is here to address those two.

I'll stop there, Judge, unless you have

questions.

THE COURT: Okay. Thank you.

Response -- I think response. Do you have more argument? You said the other counsel was going to address.

MR. PENNETTI: Oh, no, Judge. I was just pointing out who could address certain issues. I don't have any further argument at this me.

THE COURT: Okay. Thank you .

Response?

MR. BERLETH: Your Honor, if the plaintiff would like to go first, they can. But I think there are some serious calculations, errors, in Mr. Pennetti's math. May I approach, Your Honor, with a demonstrative? THE COURT: Yes, you may.

Who's counsel for plaintiffs? MR. BERLETH: David Walton, Your Honor. MR. WALTON: Your Honor, it's me. And I'm fine with Mr. Berleth going first and I'll come in after him

THE COURT: Okay. That's fine.

MR. BERLETH: So as Your Honor knows that Mr. Pennetti just said, Cyberlux is a defense contractor that had a termination in their contract for convenience for the federal government, and they have basically a

final payment on that contract of about $25 million. That should be coming in in the next 10 to 14 days, somewhere in that timeframe, from HII.

The receiver's problem is, is while it's certainly the $2.1 million collection that was initially started on, there are at least four other federal and state final judgments, formal UCCs out there against Cyberlux, and at least another seven more pending litigations. And what Cyberlux is trying to do is get a little bit of money, get out from under the receivership, take the $25 million and abscond. They haven't made payroll yet. Judge. And so, if nobody else needs to be protected, it's the employees of Cyberlux, who weren't paid even before the receivership and weren't paid by payroll during the receivership. We must protect - I mean, obviously, these litigations are not from a debtor that likes to pay their bills. These are litigations that are ongoing because they don't pay their bills. And if we give Cyberlux the $25 million, they have a history of not paying their bills, and we must pay those.

The Court can -- as you said, you've read these, the arguments and authorities. The Court must give credence to other court orders, specifically, the U.S. Constitution.

THE COURT: So I have a couple of questions.

MR. BERLETH: I'm sorry?

THE COURT: I have a couple of questions.

MR. BERLETH: Certainly, Your Honor. THE COURT: First, have those orders, judgments been filed for enforcement here in Texas? And are they within -- second, are they within the jurisdiction of the 129th?

MR. BERLETH: I believe they are, Your Honor.

THE COURT: Have they been filed for enforcement?

MR. BERLETH: They are -- I believe Todd Jones is on theregs - on the Zoom, and he can speak to the position that they're taking. There are filings that are going to happen today.

THE COURT: Going to happen, so they haven't happened yet?

MR. BERLETH: They have not, Your Honor. THE COURT: Okay. So the number of judgments - - so how many -- so we have this one, right - - MR. BERLETH: Correct.

THE COURT: -- that was filed in December of

Unofficial& Copy Office of Marilyn Burgess Disiacos

2024, right?

MR. BERLETH: I believe it was October of 2024, Your Honor.

THE COURT: Is it October? Okay.

MR. BERLETH: It may be even before that. It may have been in July.

THE COURT: And -- July 30th. At least it started the case. And the others that you're referring to are not yet pending before any court in Harris County?

MR. BERLETH: Not yet, Your Honor. That's why they're trying to do this as an emergency. It's to do it before the others can get their filings on file and let the 129th sort it all out. That's the exact point of this emergency, which it's not an emergency. There is no prejudice here.

THE COURT: For the matter in this case, let's talk about that. How much is owed?

MR. BERLETH: I have $3,094,660.81, which is at the top line of the demonstrative I've handed you up there.

THE COURT: And have you been paid or offered to be paid that three million? MR. BERLETH: I have not.

THE COURT: So what is the disconnect

between their argument that they tendered funds to you on Thursday and you refused to give them the manner in which they were to deliver the funds. And so, therefore, they want the Court to accept the money on your behalf and conclude that the matter is paid for.

MR. BERLETH: Your Honor, I will argue that it's the same disconnect that Mr. Pennetti argued when he argued to Judge Gomez that the receivership -- that the Virginia court stayed the judgment.

"Mr. Pennetti: Those -- all those litigations, yes, @the stay has occurred in Virginia. There's no -- the collection -- there's no activity in the collection suit. Then you've got the three other lawsuits

"The Court: So the enforcement of this judgment that they domesticated has been stayed in Virginia?

"Mr. Pennetti: That's correct."

And what Mr. Pennetti did not tell the Court on that day was he knew on September 10th, almost -- over 30 days before that hearing, he knew that

they had lost their emergency stay and, in fact, had been ordered almost $10,000 in attorneys' fees to the defense against that emergency stay.

THE COURT: Okay. I appreciate that. However, let's get back to my question, which is, what is the disconnect in this instance when they say - - basically you're saying he's incorrect in that he had - - I don't want to say - -

MR. BERLETH: I don't have the money, Judge.

THE COURT: You don't have the money? He didn't offer you the money? MR. BERLETH: They've asked me for the wiring instructions and I've sent them to Scott Prostoc, the counsel for Legalist. Legalist has to pay me directly; it can't go through Cyberlux. I've offered them my wiring instructions. My wiring instructions are printed on my website, so ...

THE COURT: So you have wiring instructions. You've given them wiring instructions. You've received no funds?

MR. BERLETH: Correct.

THE COURT: Okay.

MR. BERLETH: It's not an emergency.

THE COURT: And there's an

agreement that -- it is not an agreement. It's undisputed that the amount that you just stated in the record that you say is owed would pay the judgment, your fees, whatever, in full?

MR. BERLETH: If $3,094,660.81 were to magically appear here in front of me, I would file a motion to terminate receivership and distribute the funds.

THE COURT: That part, okay.

MR. BERLETH: But that still takes time and Judge Gomez still has to, as we've said, award my fees. He has to order the distribution of funds. None of that is an emergency.

THE COURT: Understood. Okay. I'll let you make a little bit -- do you want to make more argument?

MR. BERLETH: Unless Your Honor has more questions I think - -

THE COURT: No, I mean, you've answered my question about these other judgments. I've read your briefing on that. I've read that Gomez did not want to terminate the receivership with vague allegations about what will happen outside of the Court without actually seeing that, yes, the judgment is paid in full. Because, I agree with you, if the judgment was paid in

full, they sent you the money, you had the money, I would terminate it, right? That's how this works. But - -

So let me pivot back to Mr. Pennetti. So why haven't you wired the $3.9 million?

MR. PENNETTI: Well, Judge, let me show you. This is what I received from Mrs Berleth on Thursday. It is not 3.1, it is 2.9, And again, he doesn't apply any credits or offsets that Mr. Walton's May 15th letter identifies are necessary.

THE COURT: SO y'all are in dispute about the amount that's owed?

MR. PENNETTI: I am sorry?

THE COURT: So you're in dispute -- the amount that he says, If you pay this, you pay the receiver, you pay attorneys' fees, you pay the judgment. I can turn those judgment fees to the plaintiff, the plaintiff is made whole, everybody gets to walk away. You are disputing - - Mr. Berleth?

MR. BERLETH: Correct, Your Honor. THE COURT: You're disputing counsel's number. Is that correct?

MR. PENNETTI: Judge, I am simply saying, we have to work off of what the judgment says, what the turnover order says, not Mr. Berleth's number, what the

turnover order says. And those are the funds we have tendered. And I didn't realize Mr. Berleth has wiring instructions on his website. I would speak to Mr. Priddy whether -- I would ask Mr. Priddy and discuss when those funds would be wired, and if his client is still wanting to make a protective event

THE COURT: Okay. So -- but that's the kind of information, if you want the Court to act on you having paid the judgment for which the receiver was established, is to make that happen before today's hearing.

MR. PENNETTIS I understand.

THE COURT I mean, that's whether it's in front of me sittingyas Gomez, or in front of Gomez. I anticipate he would expect the same thing. So to tell me that you tendered something on Thursday and that I should take your tender as a fact of full payment, and yet we're here on Monday, and you have yet to -- you don't even know what Mr. Berleth has said is true, which is he sent the wiring instructions to whoever that person is. I guess that's the point person, I don't know.

MR. BERLETH: That's the director of Legalist. And, Your Honor, I've spoken - -

THE COURT: That's the director of Legal - -

MR. BERLETH: I sent it directly to Legalist, and they're not interested in - -

THE COURT: Okay. So he sent it directly to Legalist. You said Legalist -- he doesn't have an issue, it sounds like, with Legalist paying your bill, or probably anybody off the street who wants to drop 3.9 - -

MR. PENNETTI: Counsel for Legalist is on this call. I see he took himself off mute. I don't know if he wants to - -

THE COURT: Okay. Sir, go ahead.

MR. . PRIDDY: Good morning, Judge. I will just say very quickly .If the wiring instructions had been sent by Mr. Berleth, I am not aware of it. Whether they were sent directly to Mr. Prostoc or to Legalist, I have not seen it. I would be happy for him to show me where those wiring instructions were sent.

As far as the wiring instructions being on his website, I am on his website right now, berkethlaw. com, and what I see on his website is a Frost Bank account number and a routing number that has a parenthetical stating to contact Berleth and Associates to get that information. I certainly checked the website for the routing number. I didn't see it. And, again, if he has sent those wiring

instructions, I will simply ask that he present that to the Court because I personally have not seen it. I am not saying he hasn't sent it, but I personally have not seen it. And, Judge - -

THE COURT: Have you talked

MR. PRIDDY: We asked for them on Thursday and we said we would pay if we received the wiring instructions. So that's all I can speak to.

THE COURT: And are you the person he sent it to?

MR. PRIDDY: believe he said he sent it to Jeff Prostok who is the partner in charge of this case that I work with

THE COURT: Have you talked to Prostok?

MR. PRIDDY: I was in contact with Jeff yesterday evening and as of that time, he did not inform me that he had received wiring instructions.

THE COURT: Okay. Did you ask him specifically whether he received wiring instructions? MR. PRIDDY: Not yesterday. As of Friday when I spoke with him, we had not received any wiring instructions.

THE COURT: You had asked him directly on Friday whether he had received it.

MR. PRIDDY: Yes. Because we talked to our

client and they asked if we were paying, and we told them at that time we did not receive wiring instructions.

THE COURT: Okay. And then, when did you send it?

MR. BERLETH: I'll just make this real easy for the Court. I'll represent to the Court here on the record that they will have wiring instructions to all counsel by noon today.

THE COURT: Did you send -- when did you send it?

MR. BERLETHAN I sent it, I believe, Thursday afternoon or Friday morning last week. And then, over the weekend, I spoke with Legalist, and it's my understanding from my director - -

THE COURT: To whom did you speak at Legalist?

raj& Copy Ofice Of Marilyn Burgess Bistrot Clerk

MR. BERLETH: I spoke with their director of investments and they are -- they want their money and they want to be paid out of this 25 million. And so, that's where -- that's where we left it. They're going to contact again, today. This case has been very rapidly evolving over the past week and I think everybody needs to take a deep breath, stop with the emergency motions. If they want to wire me the money by

the end of the day, I will then file a motion to terminate receivership and Judge Gomez can hear that motion to terminate receivership. And once he signs it and distributes those funds, then the receivership is over. And that's my plan of action.

THE COURT: Okay.

MR. BERLETH: And I will represent again to the Court that I will have my wiring instructions both to Mr. Pennetti, and I will resend it to Mr. Prostok with a return receipt requested e-mail by noon today.

THE COURT: Okay.

MR. PENNETTI Judge, can we have a ruling on the 31.002(b) (3) argument?

THE COURT: Which is what? I mean, because you dispute the amount that's owed.

Let's step back. If he sent you the wiring instructions of the 3.9 -- 3.1.

MR. BERLETH: It's 3.094.

THE COURT: 3.094, almost 3.1. If he sent you wiring instructions of 3.094, and he resends them again today at noon, 3.094, are you disputing those amounts, and is that amount going to be paid?

MR. PENNETTI: If that amount -- what I'm asking for, Judge, if that amount is paid, the 3.094, I am simply asking for a ruling - -

THE COURT: I'm not asking -- I am asking you a different question. I am not asking you what you're asking me. I'm asking you, if the 3.094 is sent over and that's the amount, are you paying that amount? Because before, a few minutes ago, you were sort of disputing what the amount was.

MR. PENNETTI: So what I was trying to point out, Judge, is that the amount is in dispute now

has changed their position, and they no longer want to issue a protective advance and Mr. Berleth can speak to that. That amount -- the amount that Mr. Berleth just stated on the record, what I believe that would be paid today, and I'm justysimply asking that the Court rule, once that's paid, that Mr. Berleth doesn't have authority to go out and sell the Cyberlux subsidiary, he doesn't have authority to go seize the $25 million payment orOtry to get HII to wire him money instead of wiring it to Cyberlux. That's what I am asking.

THE COURT: Well, I think Mr. Berleth has made the representation on the record to the Court that should that amount be paid, the next action he will take will not be to go and scour the Earth for this extra $25 million or for other judgments that neither -- no court in Harris County has jurisdiction over at this

point, nor has as a receiver been appointed for those other judgments at this point. And so, he's represented to the Court that should that amount be paid today, the next motion will be the motion to terminate the receiver. And he's absolutely correct. The Court has to approve the payment of the receiver. So I can't do that before you actually have paid the money.

MR. PENNETTI: I understand. This is

I'm saying. We'll be sure when we receive that -- it's hard to -- Legalist's counsel can call and confirm that amount be paid, and if it's not paid, Mr. Berleth can scour the Earth. But if it's paid, and t representations today that he's made were different from the representations last week. So with this clarification, uthat if the money is paid, he will do nothing further, I think my clients are fine with that. It's just the representation he's made continuous efforts with the subsidiary and the $25 million receivable. So if that's not going to happen, then we 're on the same page.

THE COURT: Well, I think, certainly from my reading of the briefing, he certainly intended to do that. And intended to bring those matters into the Court's 129th jurisdiction. That hasn't happened yet.

None of that has happened. The Court hasn't -- it hasn't been attracted back to the 129th. Nobody knows even if they are filed, whether they're going to come to the 129th. There might be a whole different Court that has jurisdiction over those enforcement matters and over those judgments.

So I think that's not anything that I can make a ruling on in terms of those other judgments that may or may not be filed for enforcement here. You can certainly take care of those other judgments before an enforcement action is even filed here. So I am not going to make a ruling on what he can do about these other things that many things can happen differently, okay.

MR. PRIDDY: Judge Payne, this is Austin Priddy for Legalist. I just want to very quickly say for the record, we have in my law firm's trust account about 2.755 million that Legalist previously transferred to us based on the understanding that amount was needed to satisfy the judgment. Based on the representations made today, I understand that number is now a little south of 3.1 million. We will relay that to our client today. I have every reason to think they're going to be interested in tendering that full amount. I would ask, because of the nature of trying to coordinate payments

and multiple wires, a wire from Legalist to my firm, and then a wire from my firm to Mr. Berleth, we would intend to make that payment today, if you can. It may need to be tomorrow, just to give us that extra day to get the funds in from Legalist and then transferred to Mr. Berleth.

And again, from my perspective, like Mr. Penentti said, this doesn't change anything because if the amount is ultimately not tendered, Mr. Berleth can carry on. All I am asking for is an additional 24 hours to tender that payment so that we have time to coordinate with our client

THE COURT Okay. So, what I will do is, I will leave this matter open. We will continue it to Wednesday -- I don't know. I don't know if Gomez will be back. We will continue it to Wednesday at 8:30 and then the parties will give a report to the Court on where we are, what the status is of the payment and then what the Court would need to do about the termination of the receiver.

MR. PENNETTI: And, Judge, with that in mind, can we have a stay until Wednesday morning at 8:30?

THE COURT: I am going to trust counsel's representations that this is where -- that he's not

going to do anything. He's going to await your payment until Wednesday.

MR. BERLETH: There's nothing to do, Judge. THE COURT: Yeah.

MR. BERLETH: I mean, the facility is - - all the stuff has been shipped. Really, the only thing to do is to either await payment from Legalist or await I that I am somehow going out and, you know, flipping 10 | mattress cushions, there's nothing to do at this point.

THE COURT: Okay. So I'm going to - -

MR. WALTON: \And, Your Honor, David Walton for Atlantic Wave. If I can just touch on one point briefly, understanding that the Court's instructions on this matter -- in Cyberlux' motions, they misrepresent that Atlantic Wave has stipulated to the amount due and owed to Atlantic Wave under the judgment by mischaracterizing statements in our letter of May 15th. 19 |Simply put, there's been no such stipulation. That is a complete misrepresentation of that letter, and Atlantic Wave objects to any conclusory statement to the contrary made by Cyberlux.

I just put that out there on the record because we are talking about in these motions an amount that are to be paid through this wire payment, and the

misrepresentation made by Cyberlux needs to be addressed, so we made those stipulations to the effect. MR. PENNETTI: Mr. Walton, can you pull up your letter from May 15th so we can show Judge what we're talking about, or I can pull it up.

MR. WALTON: You can pull it up if you have it available.

THE COURT: Mr. Walton, you don't have any

that you will be paid in full?

MR. WALTON: No, Your Honor. Based off of what I've heard, and certainly we will rely on Mr. Berleth's calculations, I think that would be sufficient to address the Virginia judgment. I will say, as I think you've heard, there are many other claims and judgments out there, one of which is another claim of Atlantic Wave that is closer to 6.7 million. So I put that out there for the record that, yes, I think that 3.1 will certainly cover the Virginia judgment that is being enforced in this proceeding. But there's more out there that Atlantic Wave seeks.

THE COURT: Okay.

MR. PENNETTI: Judge, may I share my screen one more time?

THE COURT: Yes.

MR. PENNETTI: I am at a loss as to how else to interpret the amount that's due of 912,000.

MR. WALTON: Your Honor, if you can see there, there are multiple points 1, 2, 3, 4, 5, that continues on down the page, listing all the various damages that Atlantic Wave seeks, certainly, in this proceeding. And I think the language (says, "at minimum." That's the bottom dollar, that there's going to be more. So there is no such stipulation that Atlantic Wave said it's only due and owed 912,000.

If you scroll down and you took a presentation here, but if you looked at No. 5, it says that Atlantic Wave is due and owed in excess of 592,000 in attorneys' fees. And all of that is -- Atlantic Wave is entitled to recover all of that under the Virginia judgment. So to suggest otherwise is disingenuous.

MR. PENNETTI: Well, it's also a $6 million claim thatOs currently being litigated in Virginia. There are a variety of other actions. So our point to that is, we are entitled to judgment, to credits and offsets for the amounts paid under the settlement agreement, and that's what Mr. Walton is -- what I perceive to be what Mr. Walton is representing, was about payments under this settlement agreement and, therefore, this judgment.

MR. WALTON: Counsel's perception is not a stipulation and that's my point. He is misrepresenting to this Court that a stipulation was made and there has been no such stipulation.

THE COURT: Okay. We are all at that point to where - - Go ahead.

MR. BERLETH: Your Honor, just real quick, I want to admit Exhibits 1 through 12 for the receiver. THE COURT: Exhibits 1 through 12? MR. BERLETH: Yes. They were attached to my response.

Unofficial Copy Office of Marilyn Burgos, astrict Clerk - - - - -

THE COURT Okay. I am going to take under consideration any exhibits attached to either the motion or the response.

BERLETH: We'll continue to Wednesday. THE COURT: Okay. All right.

So we'll continue to Wednesday at 8:30 by Zoom, and then we'll see if the amount that's owed has been paid.

Okay. Thank you. You are excused. Have a wonderful week.

- -

REPORTER'S CERTIFICATE

THE STATE OF TEXAS )

COUNTY OF HARRIS )

I, Tamika T. Bartee, Official Court Reporter in and for the 55th District Court, Harris County State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record, Volume 1, in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me.

I further certify that this Reporter's Record, Volume 1 of the proceedings truly and correctly references the exhibits, if any, admitted by the respective parties.

I further certify that the total cost for the preparation of this Reporter's Record is $ and was paid by .

WITNESS MY OFFICIAL HAND this the 14th day of June,

/s / Tamika T. Bartee Tamika T. Bartee, Texas CSR 12593

Expiration Date: 01/31/26 Official Court Reporter 55th Judicial District Court Harris County, Texas

Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas

#

agreement [9] - 8:7, 10:4, 10:5, 10:7,

19:4, 19:8, 23:1, 25:16, 31:13

#12593 [1] - 1:23

18:23, 25:1, 38:22, 38:24

arguments [1] - 20:23 arose [1] - 8:7

$

agrees [1] - 14:2 ahead [3] - 7:7, 28:11,

assets [2] - 13:20, 14:15

$10,000 [1] - 24:2

39:7

associate [3] - 5:8,

$2.11 [1] - 9:24

Alex [1] - 6:25

6:13, 7:9

$2.755 [1] - 10:20

912,000 [2] - 38:2, 38:10

Alexander [2] - 3:18, 5:23

associates [1] - 28:22 ASSOCIATES [1] - 3:4

$21,677 [1] - 11:2

$25 [9] - 11:22, 12:2,

allegations [1] - 25:22

assume [2] - 6:1, 6:3

13:5, 20:1, 20:11, 20:19, 32:17, 32:24,

9th [1] - 1:16

allow [2] - 7:5, 15:8 allowed [3] - 10:6,

ATLANTIC [2] - 1:4, 3:11

33:19

A

14:14, 15:11 allowing [2] - 11:15;

atlantic [2] - 38:6,

$3,094,660.81 [2] -

38:14

22:19, 25:5

3.094 [7] - 31:18,

able [1] - 14:22 above-entitled [1] - 1:17 above-styled [1] -

17:15 almost [3] - 23:25, 24:2, 31:19 alone [1] - 9.6

Atlantic [15] - 5:4,

$546,000 [1] - 10:21

31:19, 31:20, 31:21, 31:24, 32:3, 37:9

6:10, 6:15, 6:19, 10:18, 18:18, 18:20,

$912,000 [1] - 18:11

3.1 [5] - 26:8, 31:17,

36:13, 36:16, 36:17,

/

31:19, 34:22, 37:19

40:11 abscond [1] - 20:11

amount(32] - 9:21, 11:111:25, 12:15,

36:20, 37:17, 37:21, 38:10, 38:13

3.9 [3] - 26:5, 28:7,

/s/Tamika [1] - 40:23

31:17

absolutely [1] - 33:5 abundance [1] - 10:25

13/81 13:11, 18:5, 18:8, 25:2, 26:12,

attached [2] - 39:11, 39:14

accept [1] - 23:4 according [1] - 15:19

26:15, 31:15, 31:22, 31:23, 31:24, 32:4, 32:6, 32:8, 32:9, 32:12, 32:22, 33:3, 33:12, 34:19, 34:24, 35:9, 36:16, 36:24, 38:2, 39:19 amounts [2] - 31:22, 38:21 AND [2] - 3:12, 3:17 angel [1] - 14:24 answered [1] - 25:19 anticipate [1] - 27:15

attempted [1] - 10:12

30th [1] - 22:7

attorney's [1] - 11:3

01/31/26 [1] - 40:24

account [3] - 12:5, 28:21, 34:17 accounting [2] 10:24, 11:12 14:16((2)- 13:25, act [6] - 9:3, 9:4, 9:10, 9:14, 16:5, 27:8

attorneys' [4] - 10:17, 24:2, 26:16, 38:14

13:15, 17:18

attracted [1] - 34:2

31.002(b)(3 [2] - 8:24,

austin [1] - 4:3 Austin [1] - 34:15 austin.priddy@vhh.

31:13

2:6, 2:7, 38:4, 39:9,

31.002(b)(3) [2] - 8:19, 9:15 3200 [1] - 3:21

39:10, 40:10, 40:14

law [1] - 4:6 authorities [1] - 20:23

10th [1] - 23:24

action [4] - 8:5, 31:5, 32:22, 34:11 actions [4] - 14:8,

authority [11] - 9:1,

9:10, 9:13, 13:10, 13:13, 15:20, 16:8,

16:7, 17:25, 38:19 active [1] - 8:12

apennetti@ thompsoncoburn. com [1] - 3:22 appear [2] - 16:22, 25:6

17:12, 17:18, 32:16, 32:17

22:14, 33:25, 34:2, 34:4

activities [1] - 17:21 activity [1] - 23:16

available [2] - 9:12, 37:7

add [1] - 5:17

Avenue [2] - 3:14,

14th [1] - 40:20

additional [3] - 12:2, 13:14, 35:10

appearance [2] - 5:6, 6:12

3:21

15th [4] - 18:10, 26:10,

await [3] - 36:1, 36:7

36:18, 37:4

54[2] - 38:4, 38:12 542069 [1] - 3:9 55th [2] - 1:6, 40:5

address [9] - 8:2, 14:18, 16:10, 17:11, 18:4, 18:24, 19:5,

Appearances. [1] - 2:5 applied [1] - 18:2

award [3] - 10:17, 11:3, 25:11 aware [2] - 17:12,

592,000 [1] - 38:13

19:7, 37:14

apply [1] - 26:9

28:14

addressed [3] - 18:6, 18:7, 37:2

appoint [1] - 9:1 appointed [5] - 5:8,

B

18:12, 20:5

admit [1] - 39:9 admitted [1] - 40:15 advance [1] - 32:11

9:18, 9:22, 12:23, 33:1 APPOINTED [1] - 3:2

B.C.R.,RPR [1] - 1:23 background [1] - 8:4 balance [1] - 18:10

2.755 [1] - 34:18 2.9 [1] - 26:8

6.7 [1] - 37:17

advances [1] - 10:7 affect [1] - 14:8

appreciate [1] - 24:4 approach [1] - 19:14

bank [2] - 14:16, 28:21

23:11

afternoon [1] - 30:13 ago [1] - 32:5 agree [1] - 25:25 agreed [5] - 11:8, 13:16, 14:4, 14:7, 17:5

approaches [1] - 14:24 approve [1] - 33:6 argue [1] - 23:6 argued [2] - 23:7, 23:8 argument [6] - 6:22,

banks [1] - 13:25 Bar [6] - 3:4, 3:8, 3:13, 3:19, 3:20, 4:4 Bartee [3] - 40:4,

2024-48085 [3] - 1:2,

5:4, 6:10

40:23, 40:23 bartee [1] - 1:23

based [4] - 16:25,

19:13, 37:13

company [4] - 12:7,

Counsel [2] - 3:24,

33:5, 39:3, 40:12

34:19, 34:20, 37:11

care [1] - 34:10

15:4, 16:3

3:25

court's [4] - 11:12,

beginning [1] - 12:10

carry [1] - 35:10

complete [2] - 13:4,

counsel [18] - 5:6,

11:14, 17:16, 36:14

behalf [4] - 6:18, 9:4,

case [13] - 6:9, 9:23,

36:20

5:11, 5:14, 6:13,

Court's [3] - 8:25,

10:15, 23:5

10:12, 10:19, 12:4,

completed [2] - 8:13,

6:14, 6:25, 7:13,

17:20, 33:25

BELL [1] - 3:14

12:23, 13:18, 15:7,

12:11

10:1, 10:6, 10:14,

court-appointed [1] -

berleth [9] - 5:15,

15:16, 22:8, 22:17,

complying [1] - 15:9

10:15, 19:4, 19:16,

5:8

16:21, 17:2, 17:8,

29:13, 30:22

computer [1] - 16:16

24:15, 28:8, 30:9,

courtesy [1] - 16:14

26:7, 26:19, 27:19,

cash [1] - 17:22

conceded [1] - 13:19

33:11, 40:9

cover [2] - 10:22,

32:20, 35:9

CAUSE [1] - 1:2

concern [2] - 8:10,

counsel's [3] - 26:21,

37:195

Berleth [17] - 3:3, 5:7,

caution [1] - 10:25

8:16

35:24, 39:1

covered [1] - 11:2

5:12, 12:7, 17:4,

cents [1] - 12:4

concerned [1] - 16:2

counterparts [1] - 7:4

creates [1] - 12:6

17:16, 18:7, 19:19,

CEO [1] - 18:20

conclude [1] - 23:5

country [1] - 7:5

credence [1] - 20:24

27:2, 28:14, 28:22,

certain [1] - 19:7

conclusory [1] - 36:21

COUNTY [2] - 1:5,

credit [3] - 10:4, 10:5,

32:11, 32:12, 32:15,

certainly [9] - 20:5,

confirm [1] - 33:11

40:2

10:7

33:12, 35:2, 35:6

21:5, 28:23, 33:22,

consent [2] - 8:8, 10:9

County [5] - 1:19;

Creditor [1] - 1:6

BERLETH [40] - 3:4,

33:23, 34:10, 37:12,

consideration [1] -

1:24, 22:10, 32:25,

creditor [1] - 12:10

5:7, 5:23, 6:1, 6:5,

37:19, 38:6

39:14

40:5

creditors [5] - 8:6, 9:5,

19:11, 19:17, 19:22,

CERTIFICATE [1] -

constitution [1] -

couple [4] - 9:18,

9:6, 12:8, 15:18

21:3, 21:5, 21:10,

40:1

20:25

16:1121:1, 21:4

credits [4] - 13:6,

21:14, 21:20, 21:24,

Certificate. [1] -

contact [4] - 17:23,

course [3]- 9:3,

18:2, 26:9, 38:20

22:2, 22:5, 22:11,

2:7

28:22, 29:15, 30:22

10223, 15:16

CSR [2] - 1:23, 40:23

22:19, 22:24, 23:6,

certify [3] - 40:6,

contains [1] - 40:7

Court [25] - 1:23, 2:7,

cushions [1] - 36:10

24:9, 24:13, 24:22,

40:13, 40:17

continue [7] - 9:13,

10.23, 14:5, 20:22,

Cyberlux [16] - 3:24,

24:24, 25:5, 25:10,

chambers [1] - 40:12

9:14, 15:4, 35:14,

20:23, 23:4, 23:12,

7:10, 7:13, 10:3,

25:17, 26:20, 27:23,

chance [1] - 6:6

35:16, 39:16, 39:18

23:19, 23:24, 25:23,

10:15, 11:20, 13:1,

28:1, 30:6, 30:12,

change [1] - 35:8

continues [4] - 8:9,

27:8, 29:2, 30:7,

15:1, 15:21, 15:25,

30:18, 31:7, 31:18,

changed [1] - 32:10

16:4, 16:7, 38:5

31:8, 32:14, 32:21,

18:19, 18:21, 19:23,

36:3, 36:5, 39:8,

Chapter [2] - 8:18,

continuing (1] - 8:15

33:3, 34:1, 34:4,

24:16, 32:19, 36:22

39:11, 39:16

9:15

continuous 1 - 33:18

35:17, 35:19, 40:4,

CYBERLUX [1] - 3:17

Berleth's [2] - 26:25,

charge [1] - 29:12

contract [8] - 8:13,

40:5, 40:24

cyberlux [25] - 1:8,

37:13

chase [1] - 15:3

12:11, 12:14, 12:16,

COURT [76] - 1:2, 1:4,

5:4, 6:11, 7:16, 8:9,

berlethlaw.com [1] -

checked [1] - 28:23

13.8, 18:22, 19:24,

5:3, 5:10, 5:13, 5:16,

8:14, 10:4, 11:23,

28:20

choose [1] - 14:23

20/1

5:19, 5:25, 6:3, 6:7,

12:9, 12:13, 12:18,

between [4] - 18:12,

chuck [2] - 3:24, 7:12

contractor [3] - 8:10,

6:20, 7:2, 7:7, 7:11,

13:2, 13:5, 13:8,

18:13, 18:17, 23:1

claim [2] - 37:17,

12:12, 19:23

7:18, 7:23, 8:22,

15:3, 15:17, 18:3,

bids [2] - 11:20, 16:1

38:18

contracts [4] - 8:12,

16:19, 19:2, 19:9,

20:8, 20:9, 20:13,

bill [1] - 28:5

claims [3] - 15:12,

15:23, 15:24, 15:25

19:15, 19:21, 21:1,

20:19, 32:16, 37:1

bills [3] - 20:17, 20:19,

16:10, 37:16

contractually [2] -

21:4, 21:6, 21:12,

cyberlux' [1] - 36:15

20:20

clarification [1]-

13:2, 14:22

21:18, 21:21, 21:25,

cyberlux's [1] - 17:22

bit [3] - 8:13, 20:10,

33:16

contrary [1] - 36:21

22:4, 22:7, 22:17,

Cypresswood [1] -

25:15

client [41- 27:5, 30:1,

convenience [2] -

22:22, 22:25, 24:4,

3:5

bottom [1] - 38:8

34(22, 35:12

12:16, 19:24

24:11, 24:19, 24:23,

Box [1] - 3:9

clients [3] - 8:6, 9:8,

coordinate [2] - 34:25,

24:25, 25:9, 25:14,

D

breach [2] - 18:22,

(33:17

35:12

25:19, 26:11, 26:14,

18:23

closer [1] - 37:17

coordinating [2] -

26:21, 27:7, 27:13,

Dallas [2] - 3:15, 3:21

breath [1] - 30:24

Coburn [1] - 7:10

11:21, 12:1

27:25, 28:3, 28:11, 29:5,

damages [1] - 38:6

briefing [2] - 25:21,

COBURN [1] - 3:20

CORPORATION [2] -

29:9, 29:14, 29:18, 29:23, 30:4,

Date [1] - 40:24

33:23

collateral [1] - 10:11

1:8, 3:17

30:10, 30:16, 31:6,

David [4] - 3:13, 6:18,

briefly [2] - 14:1

collect [3] - 11:22,

Corporation [1] - 10:3

31:11, 31:14, 31:19,

19:17, 36:12

36:14

13:10, 13:14

corporation [3] - 5:5,

32:1, 32:20, 33:22,

Davis [1] - 16:24

bring [1] - 33:24

collection [3] - 20:5,

6:11, 7:13

35:13, 35:24, 36:4,

days [2] - 20:2, 23:25

brought [1] - 8:5

23:16, 23:17

correct [10] - 8:2,

36:11, 37:8, 37:22,

debtor [1] - 20:17

business [6] - 8:15,

coming [2] - 17:13,

10:6, 13:17, 21:24,

37:25, 39:5, 39:10,

debtor's [1] - 8:1

16:2, 16:3, 16:5,

20:2

23:22, 24:22, 26:20,

39:13, 39:17

Debtors [1] - 1:10

16:8, 18:18

Commerce [1] - 4:5

26:22, 33:5, 40:7

court [14] - 5:3, 5:8,

debtors [1] - 6:25

C

COMMUNITY [2] - 1:4, 3:12

correctly [1] - 40:14 cost [1] - 40:17

11:11, 13:21, 15:12, 18:9, 20:24, 22:9,

debts [1] - 15:3 December [1] - 21:25

calculations [2] -

community [1] - 6:19 Community [1] - 9:8

COUNSEL [3] - 3:7, 3:11, 4:2

23:9, 30:7, 32:25,

deep [1] - 30:24 Defendant/

Judgment [1] - 1:10

down [3] - 15:11, 38:5,

evolving [1] - 30:23

Fort [1] - 4:5 four [4] - 16:22, 16:23,

hearing [14] - 6:2, 7:21, 7:22, 8:1, 11:5,

DEFENDANTS [1] -

38:11

exact [2] - 13:7, 22:14

3:17

drop [1] - 28:6

excess [1] - 38:13

17:2, 20:6

12:11, 13:19, 15:13,

defense [4] - 8:10,

due [6] - 9:21, 15:19,

excuse [1] - 15:22

freezing [1] - 16:16

16:11, 16:13, 16:21,

12:12, 19:23, 24:3

36:16, 38:2, 38:10,

excused [1] - 39:21

Friday [3] - 29:20,

17:5, 23:25, 27:11

deliver [2] - 13:3, 23:3

38:13

29:24, 30:13

held [1] - 1:19

delivery [2] - 12:21,

during [4] - 9:20, 9:25,

exhibits [4] - 39:9,

front [3] - 25:6, 27:14

hereby [1] - 40:6

13:4

11:6, 20:15

39:10, 39:14, 40:15

frost [1] - 28:20

HESTER [1] - 4:4

demonstrative [2] -

dwalton@

existing [1] - 10:4

full [8] - 11:25, 15:10,

highlighted [1] - 8:24

19:14, 22:20

bellnunnally.com [1]

expect [2] - 12:7,

25:4, 25:24, 26:1,

HII [12] 511:21, 12:2,

depositing [1] - 11:11 Derek [2] - 3:8, 5:9

- 3:15

27:15 Expiration [1] - 40:24

27:17, 34:24, 37:10 fully [1] - 11:2

1229, 12:11, 12:14, 12:18, 13:1, 16:1,

DEREK [1] - 3:9

E

express [1] - 11:14

funds [20] - 10:10,

20:3, 32:18, 36:8 himself [1] - 28:9

derek@ loetzerichlaw.com

e-filing [1] - 16:14

extent [3] - 9:10, 9:13, 17:8

10:16, 11:11, 11:13 12:15, 13:11, 13:12

history [1] - 20:20

[1] - 3:10

E-mail [6] - 3:6, 3:10,

extra [2] - 32:23, 35:4

13:14, 14:12, 15.17,

holdings [3] - 5:4,

destroy [2] - 16:5,

3:15, 3:22, 3:22, 4:6

17:15, 23:1 23:3,

6:11, 6:15

16:8

e-mail [4] - 16:12,

F

24:21, 25:8, 25:12,

HOLDINGS, LLC [1] -

determined [1] - 10:23

16:15, 17:3, 31:10

27:1, 27:5, 31:4,

1:4

determines [1] - 15:20

earth [2] - 32:23,

facility [1] - 36:5

35:5 5

Honor [23] - 5:7, 6:5,

difference [1] - 14:23

33:13

fact [4] - 12:24, 14:20,

future (1) - 14:8

7:8, 7:12, 7:15,

different [4] - 7:4,

easy [1] - 30:6

24:1, 27:17

19:11, 19:14, 19:17,

32:2, 33:14, 34:4

effect [1] - 37:2

far [1] - 28:18

G

19:18, 19:22, 21:5,

differently [1] - 34:13

effectually [1] - 18:18

February [1] - 12:20

21:11, 21:20, 22:3,

difficult [1] - 33:9

efforts [1] - 33:19

federal [2] - 19:25,

germane [1] - 11:5

22:11, 23:6, 25:17,

directed [1] - 13:21

either [2] - 36:7, 39:14

20:6

given [2] - 11:16,

26:20, 27:24, 36:12,

directly [7] - 11:10,

emergency [9] - 7:25,

fee [5] - 10:18, 10:22>>

24:20

37:11, 38:3, 39:8

14:21, 24:16, 28:1,

22:12, 22:15, 24:1,

11:1, 12:1

Gomez [9] - 15:14,

Honorable [1] - 1:18

28:3, 28:15, 29:23

24:3, 24:24, 25:13,

fees [8] - 10:17 11:3,

15:15, 23:8, 25:11,

hope [1] - 17:24

director [5] - 18:20,

30:25

24:2, 25:4, 25:11,

25:21, 27:14, 31:2,

hour [1] - 11:7

27:23, 27:25, 30:15,

emergent [1] - 15:15

26:16, 26:17, 38:14

35:15

hours [1] - 35:11

30:18

employees [3] - 16:22,

few [1] - 32:5

goods [2] - 13:2, 13:3

Houston [3] - 1:19,

disconnect [3] -

17:2, 20:13

figures [1] - 13:7

government [3] -

3:5, 3:10

22:25, 23:7, 24:6

end [3] - 11:7, 12:19,

file [3] - 22:13, 25:6,

12:17, 13:3, 19:25

huge [2] - 12:6, 15:16

discuss [1] - 27:4

31:1

7531:1

Government [1] - 13:1

discussed [3] - 9:21,

ended [1] - 13:24

filed [7] - 14:19, 21:7,

government's [1] -

I

11:4, 17:8

enforced [2] - 8:9

21:12, 21:25, 34:3,

12:21

disingenuous [1] -

37:20

34:9, 34:11

granted [1] - 14:5

idea [1] - 36:8

38:16

enforcement [7]

filing [2] - 16:14,

guess [2] - 18:12,

identifies [3] - 9:23,

dispute [4] - 26:11,

17:2, 21:7, 21:13,

17:10

27:21

18:10, 26:10

26:14, 31:15, 32:8

23:19, 345, 34:9,

filings [2] - 21:16,

impending [1] - 17:24

disputing [4] - 26:19,

34:11

22:13

H

important [4] - 8:17,

26:21, 31:21, 32:6

engaging [1] - 11:19

final [4] - 12:19, 12:21,

9:2, 9:9, 12:9

distribute [1] - 25:7

enter [1] - 17:15

20:1, 20:7

half [1] - 11:7

improper [1] - 15:13

distributes [1] - 31:4

entered [4] - 8:8,

financial [1] - 14:15

HAND [1] - 40:20

IN [1] - 1:4

distribution [1] -

13:24, 14:9, 18:1

fine [3] - 19:19, 19:21,

handed [1] - 22:20

inadvertently [1] -

25:12

entitled [5] - 1:17,

33:17

handled [1] - 15:25

13:22

DISTRICT [2] - 1:4,

12:4, 13:9, 38:15,

firm [2] - 35:1, 35:2

handling [2] - 5:12,

include [1] - 13:22

District [2] - 15:12,

38:20

firm's [1] - 34:17

5:15

included [2] - 13:23,

40:5

errors [1] - 19:13

first [8] - 8:3, 9:2,

happy [1] - 28:16

40:9

dlang@

especially [1] - 15:9

13:15, 14:9, 16:17,

hard [1] - 33:11

incorrect [1] - 24:7

thompsoncoburn.

essentially [5] - 8:4,

19:12, 19:19, 21:6

HARRIS [2] - 1:5, 40:2

indicates [1] - 9:6

com [1] - 3:22

11:6, 11:24, 12:17,

flipping [1] - 36:9

Harris [6] - 1:19, 1:24,

Individually [1] - 1:9

dollar [2] - 12:4, 38:8

17:14

following [1] - 1:16

16:24, 22:9, 32:25,

inform [1] - 29:16

domesticated [1] -

established [1] -

FOR [4] - 3:7, 3:11,

40:5

information [2] - 27:8,

23:20

27:10

3:17, 4:2

HAYNES [1] - 4:4

28:23

domestication [1] -

evening [1] - 29:16

foregoing [1] - 40:6

hear [3] - 6:22, 6:23,

input [1] - 5:18

8:5

event [1] - 27:6

foreign [1] - 8:5

31:2

inspection [1] - 12:25

done [1] - 15:10

evidence [2] - 13:20,

formal [1] - 20:7

heard [3] - 1:17,

instance [1] - 24:6

Douglas [2] - 3:19, 7:9

40:8

former [1] - 18:18

37:12, 37:15

instead [1] - 32:18

institutions [1] - 14:15 instructions [26] -

26:16, 26:17, 26:24,

36:18, 36:20, 37:4

20:19, 22:23, 26:5,

36:5, 36:12, 37:3,

27:9, 34:20, 36:17,

Lewis [1] - 1:18

30:20, 32:17, 32:24,

37:6, 37:11, 37:23,

11:9, 11:17, 12:21,

37:14, 37:20, 38:16,

limitation [1] - 9:9

33:19, 34:18, 34:22,

38:1, 38:3, 38:17,

17:17, 24:14, 24:17,

38:20, 38:25

limitations [2] - 17:11,

37:9, 37:17, 38:17

39:1, 39:8, 39:11,

24:20, 27:3, 27:20,

judgments [10] - 20:7,

17:18

mind [2] - 8:20, 35:22

39:16

28:13, 28:17, 28:18,

21:7, 21:22, 25:20,

limited [2] - 9:1, 9:4

minimum [1] - 38:8

multiple [2] - 35:1,

29:1, 29:8, 29:17,

32:24, 33:2, 34:6,

line [3] - 6:15, 22:20,

minutes [1] - 32:5

38:4

29:19, 29:22, 30:3,

34:8, 34:10, 37:16

23:11

mischaracterizing [1]

must [3] - 20:16,

30:8, 31:8, 31:17,

JUDICIAL [1] - 1:6

listing [1] - 38:5

- 36:18

20:21, 20:23

31:20, 33:9, 36:14

July [2] - 22:6, 22:7

litigated [1] - 38:18

misrepresent [1] -

mute NI- 28:9

intend [1] - 35:2 intended [2] - 33:23,

June [2] - 1:16, 40:20

Litigation [1] - 3:25

36:15

MY - 40:20

jurisdiction [4] - 21:9,

litigation [2] - 18:17,

misrepresentation [2]

33:24

32:25, 33:25, 34:5

18:21

- 36:20, 37:1

N

interest [1] - 10:21 interested [2] - 28:2, 34:24

K

litigations [5] - 7:17, 20:9, 20:16, 20:18, 23:15

misrepresenting [1] 39:2 mission [1] - 11:21

nature [2] - 15:15, 34:25

interference [1] - 15:6 interpret [1] - 38:2

kind [1] - 27:8

LLC [2] - 1:4, 6:11

modify [3] - 8:2C14.7,

necessarily [1] - 15:19

knows [2] - 19:22,

LLP [2] - 3:20, 4:4

17:6

necessary [2] - 9:11,

introduce [1] - 7:5

34:2

Loetzerich [2] - 3:8,

Monday [1] - 27:18

26:10

investments [1] - 30:19

L

5:9 LOETZERICH [4] -

money (6) - 9:12, 10:8, 14:21, 14:24,

need [4] - 5:17, 10:9, 35:3, 35:19

investor [1] - 14:24 issue [10] - 9:16, 11:4,

lack [1] - 17:13 LANG [1] - 7:8

3:9, 5:11, 5:14, 5:17 looked [1] - 38:12

20/10, 23:4, 24:9, 24-11, 24:12, 26:1,

needed [1] - 34:19 needs [5] - 15:17,

13:15, 14:6, 14:20,

looking [3] - 5:22,

30:19, 30:25, 32:18,

15:21, 20:13, 30:24,

18:14, 28:5, 32:11,

Lang [2] - 3:19, 17:4

6:16, 8:25

33:7, 33:16

37:1

37:9

lang [1] - 7:9

loss [1] - 38:1

morning [6] - 6:8, 7:8,

negotiate [1] - 12:18

issues [3] - 14:18, 17:9, 19:7

language [4] - 9:6, 11:11, 11:15, 38:7

lost [1] - 24:1

7:15, 28:12, 30:13,

next [3] - 20:2, 32:22,

35:22

33:4

itself [1] - 12:16

large [1] - 13:8 last [5] - 9:19, 14:19,

M

most [1] - 15:22 MOTION [2] - 1:14, 2:3

night [1] - 14:19 NO [1] - 1:2

J

16:9, 30:13, 33:15

machine [1]- 1:21 vor

motion [17] - 6:22,

nobody [2] - 20:12,

Latosha [1] - 1:18

magically [1] - 25:6

7:1, 8:1, 8:2, 13:16,

34:2

Jackson [1] - 16:25 January [2] - 13:19,

law [1] - 34:17

mail [10] - 3:6, 3:10,

14:7, 15:5, 15:13, 17:1, 17:6, 25:7,

none [2] - 25:12, 34:1

LAW [1] - 3:9

3:15, 3:22, 3:22, 4:6,

noon [3] - 30:9, 31:10,

14:4

lawsuits [1] - 23:18

16:12, 16:15, 17:3,

31:1, 31:3, 33:4,

31:21

Jeff [2] - 29:12, 29:15

lawyer [2] - 16:23,

31:10

39:14

normal [1] - 9:3

jimmy [1] - 7:16

16:24

managing [1] - 18:19

motions [6] - 15:6,

nothing [3] - 33:17,

Jimmy [1] - 3:25

learned [1] - 11:18

manner [1] - 23:2

15:8, 17:5, 30:25,

36:3, 36:10

Jones [1] - 21:15

least [4] - 16:25, 20:6,

Mark [1] - 7:14

36:15, 36:24

notice [5] - 16:10,

Judge [14] - 1:19, 6:2,

20:8, 22:7

MARK [2] - 1:8, 3:17

MR [78] - 5:7, 5:11,

16:13, 16:20, 17:5,

6:24, 7:19, 8:20,

leave [1] - 35,14)

marked [1] - 17:19

5:14, 5:17, 5:23, 6:1,

17:13

10:23, 14:3, 16:18,

left [2] - 14:5, 30:21

Martin [1] - 16:24

6:5, 6:17, 6:24, 7:3,

notices [2] - 13:24,

19:6, 20:12, 26:6,

Legal [1]- 27:25

math [1] - 19:14

7:8, 7:12, 7:15, 7:19,

14:14

31:24, 32:8, 36:3

legalist [15] - 10:1,

matter [4] - 22:17,

7:24, 8:23, 16:20,

notifications [1] -

judge [16] - 7:25,

10.2, 10:8, 10:11,

23:5, 35:14, 36:15

19:6, 19:11, 19:17,

16:12

15:14, 18:25, 23:8,

44:20, 24:15, 28:4,

matters [3] - 18:23,

19:18, 19:22, 21:3,

notify [1] - 17:23

24:10, 25:11, 26:23

28:5, 28:8, 30:14,

33:24, 34:5

21:5, 21:14, 21:20,

number [8] - 18:13,

28:12, 29:4, 31:2,

30:17, 32:9, 35:5,

mattress [1] - 36:10

21:24, 22:2, 22:5,

21:21, 26:22, 26:25,

31:12, 34:15, 35:21,

36:7

mean [6] - 20:16,

22:11, 22:19, 22:24,

28:21, 28:24, 34:21

37:4, 37:23

LEGALIST [1] - 4:2

23:12, 25:19, 27:13,

23:6, 24:9, 24:13,

numbered [2] - 1:18,

judgment [44] - 6,25,

Legalist [8] - 10:6,

31:14, 36:5

24:22, 24:24, 25:5,

40:11

8:1, 8:5, 8:6, 8:8,

27:24, 28:2, 28:4,

means [1] - 12:17

25:10, 25:17, 26:6,

NUNNALLY [1] - 3:14

8:19, 9:5, 9:11, 9:12,

28:15, 34:16, 34:18,

meetings [1] - 7:20

26:13, 26:20, 26:23,

9:21, 9:24, 10:8,

35:1

mentioned [3] - 10:13,

27:12, 27:23, 28:1,

O

10:16, 10:21, 11:1,

legalist's [2] - 10:5,

12:10, 13:5

28:8, 28:12, 29:6,

11:25, 12:13, 13:11,

10:15

might [1] - 34:4

29:11, 29:15, 29:20,

objections [4] - 17:10,

14:12, 14:25, 15:10,

Legalist's [2] - 10:14,

million [22] - 9:24,

29:25, 30:6, 30:12,

17:11, 18:6, 18:15

17:19, 18:1, 18:5,

33:11

10:20, 11:22, 12:2,

30:18, 31:7, 31:18,

objects [1] - 36:21

18:8, 23:9, 23:20,

lending [1] - 10:3

13:5, 18:5, 18:12,

31:23, 32:7, 33:8,

obtain [2] - 11:22,

25:3, 25:24, 25:25,

letter [5] - 18:9, 26:10,

20:1, 20:5, 20:11,

34:15, 35:21, 36:3,

12:2

obviously [1] - 20:16

page [3] - 23:11, 33:21, 38:5

16:20, 19:6, 26:6,

presentation [1] - 38:12 presented [1] - 13:20

read [4] - 6:6, 20:22, 25:20, 25:21

occur [1] - 12:25

26:13, 26:23, 27:12,

occurred [3] - 13:13,

Page [1] - 2:4

28:8, 31:12, 31:23,

reading [1] - 33:23

23:15, 40:11

paid [34] - 11:13,

32:7, 33:8, 35:21,

presiding [1] - 1:19

real [2] - 30:6, 39:8

October [3] - 22:2,

11:23, 12:15, 13:5,

37:3, 37:23, 38:1,

previously [1] - 34:18

realize [1] - 27:2

22:4, 23:10

13:8, 15:17, 18:3,

38:17

PRIDDY [7] - 28:12,

really [2] - 18:19, 36:6

OF [5] - 1:1, 1:5, 3:9,

20:14, 20:15, 22:22,

Pennetti [7] - 3:18,

29:6, 29:11, 29:15,

reason [1] - 34:23

40:2, 40:2

22:23, 23:5, 25:24,

7:9, 19:23, 23:7,

29:20, 29:25, 34:15

receipt [2] - 17:20,

offer [1] - 24:12

25:25, 27:9, 30:20,

23:14, 23:22, 23:23

Priddy [3] - 4:3, 27:4

31:10

offered [2] - 22:23,

31:22, 31:24, 32:9,

pennetti [4] - 5:23,

priddy [1] - 34:16

receivable [4] - 11:23,

24:16

32:13, 32:15, 32:22,

6:25, 26:4, 31:9

prime [1] - 12:12

13.4, 15:16, 33:20

offering [1] - 11:24

33:3, 33:7, 33:12,

Pennetti's [1] - 19:13

principal [1] - 13:16

receive [2] - 30:2,

OFFICE [1] - 3:9

33:13, 33:16, 36:25,

perceive [1] - 38:23

printed [1] - 24:18

33:10

OFFICIAL [1] - 40:20

37:9, 37:10, 38:21,

percent [1] - 10:25

problem [2] - 12:6,

received [7] - 24:21,

Official [3] - 1:23,

39:20, 40:19

perception [1] - 39:1

20:4

26:7, 29:7, 29:17,

40:4, 40:24

Paragraph [2] - 15:7,

permission [1] - 10:9

proceeding [2] -

29:19, 29:21, 29:24

offsets [4] - 13:6,

15:8

person [3] - 27:21,

37:20, 38:7

receiver [44] - 5:8,

18:2, 26:9, 38:21

paralegals [2] - 16:23,

29:9

proceedings [3]-

6:12, 9:1, 9:3, 9:10,

once [4] - 9:11, 13:12,

16:25

personally [2] - 29:2,

1:17, 40:8, 40:14

9:17, 9:21, 10:14,

31:3, 32:15

parenthetical [1] -

29:3

Proceedings [1] -

11:8, 11:10, 11:16,

one [8] - 8:12, 15:16,

28:22

personnel [3] - 11:12,

1:215

11:18, 11:21, 12:3,

16:23, 17:15, 21:22,

part [2] - 8:7, 25:9

12:24, 13:1

Proceedings

12:23, 13:9, 13:13,

36:13, 37:16, 37:24

particularly [2] - 8:17,

perspective [1] - 35:7

() [1] - 2:6

13:24, 14:2, 14:6,

ones [2] - 15:23, 15:24

12:9

phone [1] - 18:7

property [3] - 9:5,

14:13, 14:20, 14:23,

ongoing [1] - 20:18

parties [5] - 11:19,

pick [1] - 14:23

9:14, 17:22

14:25, 15:5, 15:12,

open [2] - 35:14,

17:23, 35:17, 40:9,

pivot [1] - 26:4

Prostoc [2] - 24:14,

15:20, 16:4, 16:6,

40:12

40:16

place [1] - 14:10

28:15

16:9, 16:10, 17:20,

operate [3] - 8:10,

partner [2] - 10:3,

plain [2] - 9:6, 17.17

prostok [1] - 29:12

17:23, 17:25, 18:2,

8:16, 15:18

29:12

plaintiff [4] - 6.14,

Prostok [2] - 29:14,

26:16, 27:9, 33:1,

operated [1] - 13:2

partners [2] - 16:3,

19:11, 26:17, 26:18

31:9

33:5, 33:6, 35:20,

order [29] - 9:22, 9:23,

18:18

plaintiff/Judgment [1]

protect [2] - 10:11,

39:9

11:9, 11:15, 13:18,

parts [1] - 7:4

-1:5

20:16

RECEIVER [2] - 3:2,

13:21, 13:23, 14:6,

party [1] - 12:1

PLAINTIFFS [1] - 3:11

protected [1] - 20:13

3:7

14:7, 14:9, 14:13,

past [1] - 30:23

Plaintiffs [1] - 13:19

protective [4] - 10:7,

receiver's [15] - 5:14,

15:6, 15:9, 15:11,

pay [20] - 9:5, 9:12,

plaintiffs [2] - 6:19,

15:8, 27:6, 32:11

6:6, 6:13, 10:18,

15:18, 17:6, 17:15,

10:8, 10:10, 10:17,

19:16

provide [3] - 11:9,

10:22, 10:24, 11:1,

17:20, 17:22, 17:24,

10:18, 11:10, 12:13

plan [1] - 31:5

16:10, 16:14

11:4, 11:25, 12:24,

17:25, 18:5, 18:11,

15:18, 17:15, 20:17,

point [13] - 9:7, 16:6,

provided [1] - 17:16

14:19, 16:1, 17:18,

25:12, 26:25, 27:1

20:18, 20:21, 24:15,

22:15, 27:21, 32:8,

pull [3] - 37:3, 37:5,

20:4

Order [1] - 17:24

25:3, 26:15, 26:16,

33:1, 33:2, 36:10,

37:6

receivers [1] - 15:1

ordered [1] - 24:2

29:7

36:13, 38:19, 39:2,

pursue [1] - 15:4

receivership [11] -

orders [2] - 20:24,

paying [5] 14:21,

39:5

pursuing [1] - 12:8

8:18, 8:19, 20:11,

21:6

20:20, 28:5, 30:1,

pointing [1] - 19:7

put [3] - 36:19, 36:23,

20:14, 20:15, 23:8,

otherwise [1] - 38:16

32:4

points [1] - 38:4

37:18

25:7, 25:22, 31:2,

outside [3] - 16:3,

payment [16] - 11:16,

portion [2] - 8:25, 14:3

31:3, 31:4

16:7, 25:23

11:24, 12:19, 17:17,

portions [1] - 40:8

Q

recently [1] - 8:13

outstanding [3] -

17:20, 20:1, 27:17,

position [5] - 11:5,

RECORD [1] - 1:1

9:24, 15:18, 18:11

32:18, 33:6, 35:3,

12:3, 14:10, 21:16,

questions [4] - 19:1,

Record [3] - 40:10,

overarching [1] -

35:11, 35:18, 36:1,

32:10

21:2, 21:4, 25:18

40:13, 40:18

14:17

36:7, 36:8, 36:25

possession [2] -

quick [1] - 39:8

record [7] - 25:3, 30:8,

owed [8] - 22:18) 25:3,

payments [2] - 34:25,

17:21, 17:22

quickly [2] - 28:13,

32:13, 32:21, 34:17,

26:12, 31:15, 36:17, 38:10, 38:13, 39:19

38:24 Payne [2] - 1:19, 34:15

post [1] - 8:19 post-judgment [1] -

34:16

36:23, 37:18 recover [1] - 38:15

own [1] - 6:2

payroll [2] - 20:12, 20:15 pending [4] - 18:21, 18:23, 20:8, 22:9

8:19 prejudice [1] - 22:16 preparation [1] - 40:18

R

references [1] - 40:15 referring [1] - 22:8 refused [1] - 23:2 regards [1] - 9:2

owned [2] - 8:11, 15:21

raised [1] - 18:14 rapidly [1] - 30:23

P

penentti [1] - 35:8 PENNETTI [21] - 6:24,

Present [1] - 3:24 present [2] - 10:1,

rberleth@berlethlaw .com [1] - 3:6

registry [3] - 11:11, 11:14, 17:16

P.O [1] - 3:9

7:3, 7:19, 7:24, 8:23,

29:1

reach [1] - 12:19

rejected [1] - 11:14

relay [1] - 34:22

satisfy [5] - 9:11,

side [1] - 5:21

subcontract [1] -

24:11, 24:19, 24:23,

relinquished [1] - 18:3

10:16, 14:12, 14:25,

significant [2] - 12:14,

12:12

24:25, 25:9, 25:14,

rely [1] - 37:12

34:20

16:4

submit [2] - 13:21,

25:19, 26:11, 26:14,

remaining [1] - 18:14

SCHMIDT [2] - 1:8,

signs [1] - 31:3

14:14

26:21, 27:7, 27:13,

remand [1] - 11:3

3:17

simply [5] - 26:23,

submitted [1] - 18:9

27:25, 28:3, 28:11,

removed [1] - 14:11

Schmidt [7] - 7:14,

29:1, 31:25, 32:14,

subsidiaries' [1] -

29:5, 29:9, 29:14,

report [1] - 35:17

13:22, 14:5, 14:8,

36:19

15:24

29:18, 29:23, 30:4,

reported [2] - 1:21,

14:11, 18:20

sitting [1] - 27:14

subsidiary [5] - 8:11,

30:10, 30:16, 31:6,

40:12

Schmidt's [3] - 13:20,

SO .. [1] - 24:18

11:20, 15:22, 32:16,

31:11, 31:14, 31:19,

Reporter [3] - 1:23,

13:25, 14:15

solicitation [1] - 16:1

33:19

32:1, 32:20, 33:22,

40:4, 40:24

Scott [1] - 24:14

soliciting [1] - 11:20

sue [1] - 15:11

35-13, 35:24, 36:4,

REPORTER'S [2] -

scour [2] - 32:23,

sometimes [2] - 6:4,

sufficient [5] - 10:16,

36:11, 37:8, 37:22,

1:1, 40:1

33:13

7:19

10:17, 10:18, 14:12,

37:25, 39:5, 39:10,

Reporter's [4] - 2:7,

screen [2] - 8:21,

somewhere [3] -

37:14

39:13, 39:17, 40:2

40:10, 40:13, 40:18

37:23

18:12, 18:13, 20:3

suggest [1] - 38:16

themselves [1] - 7:6

represent [5] - 7:10,

scroll [1] - 38:11

sorry [3] - 16:16, 21:3,

suggests [1] - 1728

therefore [2] - 23:4,

7:14, 7:16, 30:7,

second [2] - 9:9, 21:8

26:13

suit [1] - 23:17

38:25

31:7

section [1] - 15:7

sort [2] - 22:14, 32:5

Suite [3] - 3.5, 3.14,

they've [1] - 24:13

representation [2] -

secure [1] - 6:19

sounds [1] - 28:5

3:21

third [2] - 11:19, 12:1

32:21, 33:18

SECURE [2] - 1:4,

south [1] - 34:22

suspend [1] - 17:21

THOMPSON [1] - 3:20

representations [4] -

3:12

Special [1] - 3:24

Thompson [1] - 7:10

33:14, 33:15, 34:20,

Secure [1] - 9:8

special [1] - 7:13

T

three [3] - 16:23,

35:25

see [7] - 9:2, 16:18,

specifically [2] -

22:23, 23:17

represented [1] - 33:2

28:9, 28:20, 28:24,

20:24, 29:19

Tamika [3] - 1:23,

Thursday [11] - 9:18,

representing [2] -

38:3, 39:19

spoken [1] - 27:24

40:4, 40:23

9:20, 9:25, 10:13,

11:2, 38:23

seeing [1] - 25:24

stakeholders [1] -

technically [2] - 14:21,

11:17, 13:12, 23:2,

requested [2] - 31:10,

seek [1] - 15:8

16:2

15:14

26:8, 27:16, 29:6,

40:8

seeks [2] - 37:21, 38:6

started [2] - 20:6, 22:8

technologies [1] -

30:13

requests [1] - 14:18

seize [3] - 9:4, 9:14,

State [7] - 3:4, 3;8,

11:22

timeframe [1] - 20:3

required [1] - 14:14

32:17

3:13, 3:19, 3.20, 4:4,

tender [2] - 27:17,

TO [2] - 1:14, 2:3

requires [1] - 11:10

sell [5] - 9:4, 9:14,

40:5

35:11

today [14] - 5:12, 5:15,

resend [1] - 31:9

11:20, 17:21, 32:16

state [1] - 20:7

tendered [11] - 10:16,

10:2, 21:17, 30:9,

resends [1] - 31:20

send [3] - 30:5, 30:10,

STATE [1] - 40:2

10:20, 10:25, 11:2,

30:22, 31:10, 31:21,

resolve [1] - 17:9

30:11

statement [1] - 36:21

13:11, 13:12, 14:12,

32:14, 33:3, 33:14,

respective [1] - 40:16

sending [1] - 13:24

statements [1] - 36:18

23:1, 27:2, 27:16,

34:21, 34:23, 35:3

response [8] - 6:6,

sent [18] - 16:12, 17:3

stating [1] - 28:22

35:9

today's [1] - 27:10

11:4, 14:19, 19:3,

24:14, 26:1, 27:20%

status [1] - 35:18

tendering [1] - 34:24

todd [1] - 21:14

19:10, 39:12, 39:15

28:1, 28:3, 28:14,

statute [1] - 8:24

term [1] - 12:19

together [1] - 12:18

restricted [1] - 14:1

28:15, 28:17, 28:25,

stay [7] - 8:1, 8:2,

terminate [6] - 25:7,

tomorrow [1] - 35:4

retroactive [1] - 14:13

29:3, 29:9, 29:11,

17:1, 23:15, 24:1,

25:22, 26:2, 31:2,

took [2] - 28:9, 38:11

return [1] - 31:10

30:12, 31€16, 31:19,

24:3, 35:22

31:3, 33:4

top [1] - 22:20

review [1] - 17:1

32:3

STAY [2] - 1:14, 2:3

terminated [1] - 12:16

total [2] - 12:6, 40:17

reviewing [1] - 10:24

September [1] - 23:24

stayed [5] - 17:25,

termination [2] -

touch [1] - 36:13

risk [1] - 16:4

serious [1] - 19:13

23:9, 23:12, 23:13,

19:24, 35:19

transcribed [2] - 7:20,

Robert [2] - 3:3, 5:7

service [2] - 16:14,

23:20

terms [2] - 8:4, 34:8

7:21

Roberts [1] - 18:24

16:17

Ste [1] - 4:5

TEXAS [2] - 1:5, 40:2

transcript [3] - 14:3,

Robinson [2] - 3:25,

settlement [5] - 8:7,

step [1] - 31:16

Texas [5] - 1:20, 1:24,

14:4, 23:10

7:16

8:8, 18:23, 38:21,

still [4] - 12:1, 25:10,

21:7, 40:6, 40:23

transcription [2] -

ROBINSON [1] - 7:15

38:24

25:11, 27:6

THE [80] - 1:4, 3:7,

7:21, 40:7

Ross [2] - 3:14, 3:21

seven [1] - 20:8

stipulated [1] - 36:16

3:9, 3:11, 3:17, 5:3,

transferred [2] -

routing [2] - 28:21,

several [4] - 7:3, 8:12,

stipulation [5] - 36:19,

5:10, 5:13, 5:16,

34:18, 35:5

28:24

9:17, 12:3

38:9, 39:2, 39:3,

5:19, 5:25, 6:3, 6:7,

TRIAL [1] - 1:2

rule [1] - 32:14

share [5] - 8:20, 8:23,

39:4

6:20, 7:2, 7:7, 7:11,

tried [1] - 17:9

ruling [4] - 31:12,

16:11, 16:15, 37:23

stipulations [1] - 37:2

7:18, 7:23, 8:22,

tristian [1] - 16:24

31:25, 34:8, 34:12

shipped [2] - 13:3, 36:6

stop [2] - 18:25, 30:24 Street [1] - 4:5

16:19, 19:2, 19:9, 19:15, 19:21, 21:1,

true [2] - 27:19, 40:7 truly [1] - 40:14

S

shorthand [1] - 1:21 show [6] - 14:2, 14:3,

street [1] - 28:6 stuff [1] - 36:6

21:4, 21:6, 21:12, 21:18, 21:21, 21:25,

trust [3] - 12:5, 34:17, 35:24

satisfaction [1] - 18:1

16:16, 26:6, 28:16,

styled [1] - 40:11

22:4, 22:7, 22:17,

try [5] - 11:20, 11:22,

satisfied [1] - 17:19

37:4

22:22, 22:25, 24:4,

12:2, 13:14, 32:18

trying [5] - 15:10, 20:9, 22:12, 32:7,

volume [1] - 40:10 VOLUME [2] - 1:1, 2:2

wired [2] - 26:5, 27:5 wires [1] - 35:1

34:25

Volume [2] - 40:10,

wiring [23] - 11:9,

turn [1] - 26:17

40:14

24:14, 24:17, 24:19,

turnover [10] - 9:23,

VOLUMES [2] - 1:1,

24:20, 27:2, 27:20,

11:9, 13:18, 13:23,

2:2

28:13, 28:17, 28:18,

15:6, 18:5, 18:11,

VS [1] - 1:7

28:25, 29:7, 29:17,

26:25, 27:1

29:19, 29:21, 30:2,

two [8] - 9:1, 14:17, 15:15, 17:5, 17:17,

W

30:8, 31:8, 31:16, 31:20, 32:19, 33:9

18:13, 18:17, 18:24

wait [1] - 12:20

WITNESS [1] - 40:20

TX [5] - 3:5, 3:10,

walk [1] - 26:18

won [1] - 11:3

3:15, 3:21, 4:5

WALTON [7] - 6:17, 19:18, 36:12, 37:6,

wonderful [1] - 39:22 words [1] - 10:8

U

37:11, 38:3, 39:1 Walton [14] - 3:13,

works [1] - 26:2 worse [1] - 5:18

U.S [3] - 12:25, 13:3,

6:18, 11:3, 17:4,

worth [1] - 17:7

20:25

18:8, 18:9, 18:16,

Worth [1] - 4:5

UCCs [1] - 20:7

18:19, 19:17, 36:12,

writing [1] - 40:9

ultimate [1] - 18:13

37:3, 37:8, 38:22,

written [2] - 17:10,

ultimately [1] - 35:9

38:23

17:11

unable [1] - 12:13

Walton's [3] - 8:6, 9:8,

under [17] - 8:18, 8:19, 9:15, 9:22, 10:4,

26:9 wants [3] - 14:6, 28:6,

Y

10:7, 13:11, 13:15,

28:10

y'all [1] - 26:11

15:11, 17:18, 20:10,

watched [1] - 12:24

year [2] - 12:20, 12:22

36:17, 38:15, 38:21,

Watts [1] - 3:24

yesterday [2] - 29:16,

38:24, 39:13

WATTS [1] - 7:12

29:20

understood [1] -

watts [1] - 7:12

25:14

WAVE [2] - 1:4, 3:11

undisputed [1] - 25:2

wave [11] - 5:4, 6:10,

unless [3] - 18:25,

6:15, 36:16, 36:17,

zoom [2] -21:15,

25:17, 32:9

37:17, 37:21, 38:6,

unrestricted [1] -

38:10, 38:13, 38:14

Zoom [3] - 5:24, 5:25,

14:16

Wave [6] - 6:19, 10:18, fre JoviBurgess District Clerk

7:20

untrue [1] - 16:15

18:18, 18:20, 36:13,

up [9] - 8:15, 9:10,

36:21

12:7, 12:22, 13:24,

website [7] - 17:1,

22:21, 37:3, 37:5,

24:18, 27:3, 28:19,

37:6

28:20, 28:24

urgent [1] - 16:6

Wednesday [8] > 9:18,

V

17:10,35:15, 35:16, 35:22, 36:2, 39:16, 39:18 Drapet

vague [1] - 25:22

week [6] - 9:19, 12:22,

variety [2] - 16:2,

30:13, 30:23, 33:15,

38:19

39:22

various [2] - 13:25,

weekend [1] - 30:14

38:5

weeks [1] - 15:15

VARTABEDIAN(1]

whao [1] - 15:2

4:4

Whoa [1] - 15:2

verification [1] - 16:17

whoa [1] - 15:2

virginia [1] - 23:13

whole [2] - 26:18, 34:4

Virginia [12] - 3:25,

wholly [2] - 8:11,

7:17, 8:7, 18:22,

15:21

23:9, 23:15, 23:21,

wholly-owned [2] -

37:14, 37:19, 38:15,

8:11, 15:21

38:18

winding [1] - 8:14

voidable [1] - 14:10

wire [5] - 30:25, 32:18,

Vol [1] - 2:4

35:1, 35:2, 36:25