Exhibit 10
BEFORE THE COURT is a Motion for Entry of an Amended Final Order and Judgment by Plaintiffs ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, and agreed to by Defendants CYBERLUX CORPORATION and MARK...
DISTIL analysis
- Judgment of $1,572,500 in compensatory damages awarded jointly and severally against Cyberlux Corporation and Mark D. Schmidt
- Judgment explicitly made non-dischargeable in bankruptcy to fullest extent permissible
- Defendants waived all rights of reconsideration or appeal
- Additional awards include attorney's fees ($177,126.19), sanctions ($10,737.50), and 12% annual post-judgment interest
- Plaintiffs granted security interest and lien rights in all defendants' property until payment
- Settlement reached between parties resolving need for continuing litigation
Extracted text
3 pages · 3134 characterstabbles'
VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
)
ATLANTIC WAVE HOLDINGS, LLC ) AND SECURE COMMUNITY, LLC ) )
v.
Plaintiffs, ) ) )
Case No: CL22-3882 - 4
)
CYBERLUX CORPORATION and )
MARK D. SCHMIDT, individually ) )
Defendants.
)
)
BEFORE THE COURT is a Motion for Entry of an Amended Final Order and Judgment by Plaintiffs ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, and agreed to by Defendants CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, and as the authorized representative for CYBERLUX CORPORATION, and
IT APPEARING to the Court that the parties hereto have reached a settlement agreement that resolves the current need for continuing litigation.
UPON CONSIDERATION of the pleadings, the evidence, argument of counsel, the consent of the parties, and for good cause shown, it is hereby ORDERED, ADJUDGED, and DECREED that judgement is GRANTED in favor of Plaintiffs ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC, and against Defendants CYBERLUX CORPORATION and MARK D. SCHMIDT, jointly and severally, as follows:
a. The Court awards Plaintiffs the sum of ONE MILLION FIVE HUNDRED SEVENTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($1,572,500) in compensatory damages, jointly and severally, against Defendants CYBERLUX CORPORATION
and MARK D. SCHMIDT, to resolve the claims alleged in Plaintiffs' Complaint and certain other claims as agreed to by the parties pursuant to the parties' separate agreement.
b. The parties agree that this Final Judgement shall not be dischargeable in bankruptcy to the fullest extent permissible at law, and Defendants hereby waive all rights of reconsideration or appeal. Nor shall it be subject to any contribution or reduced through the payment(s) of any other parties in this matter. Rather it shall be the sole obligation of Defendants.
c. That the Plaintiffs be awarded all of their costs, including reasonable attorney's fees of $177,126.19 per the parties' settlement agreement, evidenced by affidavits, and consented to by defendants, plus sanctions of $3,895.00 and $6,842.50, as provided by the Court's previous Orders, and post judgment interest at the rate of 12% per annum, as provided in the parties' agreement, from the date of entry of this order on the damages incurred in this matter.
d. That the parties have agreed to a security interest and lien interest in all property of Defendants in favor of Plaintiffs until all sums are paid, and such security interest may be further memorialized through the filing of appropriate UCC-1 forms and the filing of appropriate Liens.
e. Plaintiffs' Complaint is hereby dismissed without prejudice. THIS CAUSE IS
ENTERED this 22 day of June , 2023.
ENDED.
SA
Hon Jacqueline S. McClenney, Presiding Judge Circuit Court for the City of Richmond
A Copy Teste: EDWARD F JEWETT, CLERK BY: freue Blanchale .
Original source file
- File
- ip-hii-edva-00483-doc-0175-exhibit-12.pdf
- Source UID
- source:e253deb207250a4830c806a6678acd6101d562acb85e412bedadeab5a82c0274
- Full SHA-256
- e253deb207250a4830c806a6678acd6101d562acb85e412bedadeab5a82c0274