Evidence Record

Exhibit 5

THIS MATTER came before the Court July 18, 2025, on Plaintiffs' Motion for Entry of Order of Payment. And, for the reasons stated on the record, it is

Type
exhibit
Court
EDVA
Case
HII v. Cyberlux interpleader
Docket
3:25-cv-00483
Pages
2
Lines
46
SHA-256
aed52e1f8df7

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
Court Order
Total Nodes
22
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
Court Order Circuit Court of Fairfax County, Virginia Civil litigation, garnishment proceedings, judgment enforcement July 18, 2025 - July 22, 2025
monetary_judgmentgarnishment_orderfunds_impleadedongoing_proceedings
Analytical Frame
Legal financial dispute involving judgment creditors seeking payment from garnishee
Analytical Summary
This is a garnishment order issued by Judge David A. Oblon of the Circuit Court of Fairfax County, Virginia on July 22, 2025, in case CL-2025-3413. The court granted Atlantic Wave Holdings, LLC et al.'s Motion for Entry of Order of Payment with alternate relief requiring HII Mission Technologies Corp., as garnishee, to implead $1,444,543.11 to the court within 30 days. The order relates to a judgment against Cyberlux Corporation, with the funds held by HII Mission Technologies subject to competing claims. The matter remains ongoing with provision for future hearings regarding disposition of the impleaded funds after all interested parties receive notice.
Key Points
  • Court grants motion for alternate relief requiring impleading of disputed funds
  • HII Mission Technologies Corp. must implead $1,444,543.11 within 30 days
  • Atlantic Wave Holdings et al. are judgment creditors seeking payment
  • Cyberlux Corporation is the judgment debtor
  • Future hearings permitted for disposition of impleaded funds after notice to interested parties
  • Matter remains ongoing and unresolved
Stage 2
Core — Entities, Events, Claims
11 nodes
ENT-001
Entity
Atlantic Wave Holdings, LLC et al.
Atlantic Wave Holdings, LLC et al., identified as Plaintiffs/Judgment Creditors in garnishment proceedings seeking payment of judgment debt from garnishee holding funds belonging to judgment debtor.
Page 2 — ATLANTIC WAVE HOLDINGS, LLC, et al., Plaintiffs/Judgment Creditors,
ENT-002
Entity
Cyberlux Corporation
Cyberlux Corporation, identified as Defendant/Judgment Debtor against whom a judgment has been entered and for whose debt garnishment proceedings are being pursued.
Page 2 — CYBERLUX CORPORATION, Defendant/Judgment Debtor,
ENT-003
Entity
HII Mission Technologies Corp.
HII Mission Technologies Corp., identified as Garnishee holding funds subject to garnishment proceedings and ordered to implead disputed funds to the court.
Page 2 — HII MISSION TECHNOLOGIES CORP., Garnishee
ENT-004
Entity
Judge David A. Oblon
Judge David A. Oblon, presiding judge of the Circuit Court of Fairfax County who entered the order on July 22, 2025.
Page 2 — Judge David A. Oblon
ENT-005
Entity
Circuit Court of Fairfax County
Circuit Court of Fairfax County, Virginia, the judicial body with jurisdiction over case CL-2025-3413.
Page 2 — IN THE CIRCUIT COURT OF FAIRFAX COUNTY
EVT-001
Event
Motion hearing July 18, 2025
Court hearing held on July 18, 2025, on Plaintiffs' Motion for Entry of Order of Payment in the garnishment proceedings.
Page 2 — THIS MATTER came before the Court July 18, 2025, on Plaintiffs' Motion for Entry of Order of Payment.
EVT-002
Event
Order entered July 22, 2025
Court order entered on July 22, 2025, granting motion with alternate relief requiring impleading of funds.
Page 2 — Entered this 22nd day of July 2025.
CLM-001
Claim
Motion granted for alternate relief
The court granted the Motion for Entry of Order of Payment to the degree that it awards alternate relief requested by the Judgment Creditor and Garnishee, specifically impleading disputed funds to the court rather than direct payment.
Page 2 — it is ORDERED the Motion is GRANTED to the degree the Court awards the alternate relief requested by the Judgment Creditor and Garnishee-impleading of the funds in dispute to the Court.
CLM-002
Claim
Garnishee must implead $1,444,543.11
The court orders that HII Mission Technologies Corp. as garnishee must implead $1,444,543.11 into the court within 30 days from the order date.
Page 2 — The Garnishee must implead $1,444,543.11 into the Court within 30 days.
CLM-003
Claim
Future hearing permitted on disposition
Any party may notice a hearing for the disposition of the impleaded funds after all parties give notice to all other parties of which they are aware who may have an interest in those funds.
Page 2 — Any party may notice a hearing for the disposition of the impleaded funds after all parties give notice to all other parties of which they are aware who may have an interest in those funds.
CLM-004
Claim
Matter continues
The court indicates that the matter remains ongoing and is not fully resolved by this order.
Page 2 — THIS MATTER CONTINUES.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
6 nodes
QUO-001
Quotation
Case number identification
Case number CL-2025-3413 in the Circuit Court of Fairfax County.
Page 2 — CL-2025-3413
QUO-002
Quotation
Rule 1:13 waiver notice
Procedural notice regarding endorsement waiver under Virginia Supreme Court rules.
Page 2 — PURSUANT TO RULE 1:13 OF THE RULES OF THE SUPREME COURT OF VIRGINIA, ENDORSEMENT OF THIS ORDER IS WAIVED BY DISCRETION OF THE COURT. ANY DESIRED ENDORSEMENT OBJECTIONS MAY BE FILED WITHIN TEN DAYS.
TEN-001
Tension
Alternate relief vs. direct payment
The court granted the motion but provided alternate relief (impleading funds) rather than the direct order of payment originally sought, suggesting competing interests or claims to the funds.
Page 2 — it is ORDERED the Motion is GRANTED to the degree the Court awards the alternate relief requested by the Judgment Creditor and Garnishee-impleading of the funds in dispute to the Court.
QST-001
Question
Other interested parties in funds
Who are the other parties that may have an interest in the $1,444,543.11 that necessitated impleading rather than direct payment to judgment creditors?
Page 2 — Any party may notice a hearing for the disposition of the impleaded funds after all parties give notice to all other parties of which they are aware who may have an interest in those funds.
QST-002
Question
Nature of original judgment
What was the underlying judgment against Cyberlux Corporation that Atlantic Wave Holdings is seeking to enforce through this garnishment?
Page 2 — ATLANTIC WAVE HOLDINGS, LLC, et al., Plaintiffs/Judgment Creditors, V. CYBERLUX CORPORATION, Defendant/Judgment Debtor,
QST-003
Question
Relationship between Cyberlux and HII
What is the business or contractual relationship between Cyberlux Corporation and HII Mission Technologies that resulted in HII holding $1.4M+ subject to garnishment?
Page 2 — CYBERLUX CORPORATION, Defendant/Judgment Debtor, HII MISSION TECHNOLOGIES CORP., Garnishee
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Multiple competing claims likely
The court's decision to implead funds rather than order direct payment, combined with language about notifying 'all other parties of which they are aware who may have an interest in those funds,' suggests multiple parties may have competing claims to the $1.4M held by HII Mission Technologies.
Page 2 — the Court awards the alternate relief requested by the Judgment Creditor and Garnishee-impleading of the funds in dispute to the Court. [...] Any party may notice a hearing for the disposition of the impleaded funds after all parties give notice to all other parties of which they are aware who may have an interest in those funds.
INF-002
Inference
Garnishee cooperation with alternate relief
The phrase 'alternate relief requested by the Judgment Creditor and Garnishee' suggests HII Mission Technologies may have proposed or agreed to the impleading solution, possibly to avoid determining priority among competing claims.
Page 2 — it is ORDERED the Motion is GRANTED to the degree the Court awards the alternate relief requested by the Judgment Creditor and Garnishee-impleading of the funds in dispute to the Court.
INF-003
Inference
Federal litigation connection
The case header references 'Case 3:25-cv-00483-JAG Document 41-5' suggesting this state court order is being filed as an exhibit in parallel federal litigation, indicating complex multi-forum proceedings.
Page 2 — Case 3:25-cv-00483-JAG Document 41-5 Filed 08/04/25 Page 2 of 2 PageID# 534
OMI-001
Omission
Reasons for alternate relief unstated
The order does not explain why the court awarded alternate relief (impleading) rather than direct payment to the judgment creditor, beyond a vague reference to 'reasons stated on the record.'
Page 2 — And, for the reasons stated on the record, it is ORDERED the Motion is GRANTED to the degree the Court awards the alternate relief requested
OMI-002
Omission
Identity of other interested parties
The order does not identify which other parties may have claims to the impleaded funds, leaving this critical information to be inferred or discovered through the notice process.
Page 2 — all parties give notice to all other parties of which they are aware who may have an interest in those funds

Extracted text

2 pages · 1307 characters

Exhibit 5 — Formatted Extract

Type: exhibit
Court: EDVA
Matter: HII v. Cyberlux interpleader
Docket: 3:25-cv-00483
EXHIBIT 5

VIRGINIA:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

ATLANTIC WAVE HOLDINGS, LLC,

)

et al.,

)

Plaintiffs/Judgment Creditors,

)

)

V.

)

CL-2025-3413

)

CYBERLUX CORPORATION,

)

Defendant/Judgment Debtor,

)

)

)

)

HII MISSION TECHNOLOGIES

)

CORP.,

)

Garnishee

)

ORDER

THIS MATTER came before the Court July 18, 2025, on Plaintiffs' Motion for Entry of Order of Payment. And, for the reasons stated on the record, it is

ORDERED the Motion is GRANTED to the degree the Court awards the alternate relief requested by the Judgment Creditor and Garnishee-impleading of the funds in dispute to the Court. The Garnishee must implead $1,444,543.11 into the Court within 30 days. Any party may notice a hearing for the disposition of the impleaded funds after all parties give notice to all other parties of which they are aware who may have an interest in those funds.

THIS MATTER CONTINUES.

Entered this 22nd day of July 2025.

IDAG Judge David A. Oblon

PURSUANT TO RULE 1:13 OF THE RULES OF THE SUPREME COURT OF VIRGINIA, ENDORSEMENT OF THIS ORDER IS WAIVED BY DISCRETION OF THE COURT. ANY DESIRED ENDORSEMENT OBJECTIONS MAY BE FILED WITHIN TEN DAYS.

Original source file

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File
ip-hii-edva-00483-doc-0041-exhibit-5.pdf
Source UID
source:aed52e1f8df729ca3ef98f4ed20671057a34c239b3027c73d154ec28f75e7883
Full SHA-256
aed52e1f8df729ca3ef98f4ed20671057a34c239b3027c73d154ec28f75e7883