The evidence/CXF-S-0AC0650E4194

Context source · CXF-S-0AC0650E4194

Charles Watts declaration — alleged sequestration preventing June2024 settlement payment

Original sourceFiled sworn declaration, not a court finding or complete set of referenced exhibits.
Open full document ↗
SHA-256 0ac0650e4194bd79422b…4 pages · 76 KB

DISTILLATES

What the source contains

Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.

claimallegation

Watts’s declaration, filed14June2024 as SDCA18-2 in3:24-cv-00482-RBM-VET, supports Cyberlux’s application to quash/recall execution. He iden

Watts’s declaration, filed14June2024 as SDCA18-2 in3:24-cv-00482-RBM-VET, supports Cyberlux’s application to quash/recall execution. He identifies personal involvement in settlement payments and signs14June at Charlotte; it is advocacy evidence, not an order granting relief.

Read the anchor · page 1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS HAHN LOESER & PARKS LLP Gabe P. Wright (SBN 208647) One America Plaza 600 W. Broadway, Suite 1500 San Diego, CA 92101 Telephone: 619.810.4300 Facsimile: 619.810.4301 gwright@hahnlaw.com THOMPSON COBURN LLP JEFFREY N. BROWN, CSB 105520 jbrown@thompsoncoburn.com 10100 Santa Monica Blvd., Suite 500 Los Angeles, California 90067 Tel: 310.282.2500 / Fax: 310.282.2501 EDWARD W. GRAY, JR. (SBN 80966) egray@thompsoncoburn.com 1909 K Street, NW Suite 600 Washington, D.C. 20006 Tel: 202.585.6967 / Fax: 202.585.6969 ALLEN CHESSON & GRIMES DOUGLAS GRIMES (pro hac vice application pending) dgrimes@allenchesson.com 505 N. Church Street Charlotte, NC 28202 Tel: 704.755.6012 Attorneys for Defendant CYBERLUX CORPORATION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ATLANTIC WAVE HOLDINGS, LLC, a Virginia limited liability company; and SECURE COMMUNITY, LLC, a Virginia limited Liability company, Plaintiffs, v. CYBERLUX CORPORATION, a Nevada Corporation; Defendant. Case No. 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS IN SUPPORT OF DEFENDANTS CYBERLUX CORPORATION’S EX PARTE APPLICATION TO QUASH AND RECALL PLAINTIFFS’ REQUEST AND APPLICATION FOR WRIT OF EXECUTION Dist. Judge: Ruth Bermudez Montenegro Case 3:24-cv-00482-RBM-VET Document 18-2 Filed 06/14/24 PageID.578 Page 1 of 4
claimallegation

Watts states Cyberlux was current on all payments to Atlantic Wave and Secure Community as of31May2024. He identifies no amount or attached

Watts states Cyberlux was current on all payments to Atlantic Wave and Secure Community as of31May2024. He identifies no amount or attached ledger establishing that position, and the statement does not say the entire judgment had been satisfied.

Read the anchor · page 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS I, Charles Watts, declare: 1. I am the special counsel for Defendant Cyberlux Corporation (“Cyberlux”). I am an attorney licensed to practice and in good standing in North Carolina and am located in North Carolina. If called as a witness, I would competently testify as to the following facts based on my personal knowledge. 2. I have been personally involved in Cyberlux’s making of payments to Atlantic Wave Holdings, LLC and Secure Community, LLC (collectively, “Plaintiffs”) pursuant to the terms of the Settlement Agreement between the parties for payment of the amounts reflected in the Stipulated Judgment between the parties. 3. As of May 31, 2024, Cyberlux was up to date on all payments to Plaintiffs. 4. On or about the week of May 31, 2024, Plaintiffs obtained a Writ of Fieri Facias in Virginia State Court. As a result of this Writ of Fieri Facias, Cyberlux’s bank accounts were sequestered, preventing Cyberlux from gaining access to the money it had set aside for the June 2024 payment to Plaintiffs pursuant to the Settlement Agreement. 5. On or about June 9, 2024, Cyberlux requested that Plaintiffs agree to the release of those funds so that Cyberlux could make its June payment to Plaintiffs. Plaintiffs refused Cyberlux’s request. 6. Plaintiffs have since used their own refusal to release the funds that they had sequestered to take the position that Cyberlux has “missed” its June payment. I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of June, 2024, at Charlotte, North Carolina. Charles Watts Case 3:24-cv-00482-RBM-VET Document 18-2 Filed 06/14/24 PageID.579 Page 2 of 4
claimallegation

He says a Virginia writ obtained around the week of31May caused bank accounts to be sequestered, denying access to money set aside for the J

He says a Virginia writ obtained around the week of31May caused bank accounts to be sequestered, denying access to money set aside for the June payment. He further says Cyberlux requested release around9June and plaintiffs refused. These are his asserted causal facts; the writ, bank restriction and release exchange are not attached.

Read the anchor · page 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS I, Charles Watts, declare: 1. I am the special counsel for Defendant Cyberlux Corporation (“Cyberlux”). I am an attorney licensed to practice and in good standing in North Carolina and am located in North Carolina. If called as a witness, I would competently testify as to the following facts based on my personal knowledge. 2. I have been personally involved in Cyberlux’s making of payments to Atlantic Wave Holdings, LLC and Secure Community, LLC (collectively, “Plaintiffs”) pursuant to the terms of the Settlement Agreement between the parties for payment of the amounts reflected in the Stipulated Judgment between the parties. 3. As of May 31, 2024, Cyberlux was up to date on all payments to Plaintiffs. 4. On or about the week of May 31, 2024, Plaintiffs obtained a Writ of Fieri Facias in Virginia State Court. As a result of this Writ of Fieri Facias, Cyberlux’s bank accounts were sequestered, preventing Cyberlux from gaining access to the money it had set aside for the June 2024 payment to Plaintiffs pursuant to the Settlement Agreement. 5. On or about June 9, 2024, Cyberlux requested that Plaintiffs agree to the release of those funds so that Cyberlux could make its June payment to Plaintiffs. Plaintiffs refused Cyberlux’s request. 6. Plaintiffs have since used their own refusal to release the funds that they had sequestered to take the position that Cyberlux has “missed” its June payment. I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of June, 2024, at Charlotte, North Carolina. Charles Watts Case 3:24-cv-00482-RBM-VET Document 18-2 Filed 06/14/24 PageID.579 Page 2 of 4
claimallegation

Watts accuses plaintiffs of using their own refusal to release the sequestered money to characterise the June instalment as missed. This is

Watts accuses plaintiffs of using their own refusal to release the sequestered money to characterise the June instalment as missed. This is his explanation of disputed nonpayment, not proof of plaintiffs’ motive or a judicial finding that payment was excused.

Read the anchor · page 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS I, Charles Watts, declare: 1. I am the special counsel for Defendant Cyberlux Corporation (“Cyberlux”). I am an attorney licensed to practice and in good standing in North Carolina and am located in North Carolina. If called as a witness, I would competently testify as to the following facts based on my personal knowledge. 2. I have been personally involved in Cyberlux’s making of payments to Atlantic Wave Holdings, LLC and Secure Community, LLC (collectively, “Plaintiffs”) pursuant to the terms of the Settlement Agreement between the parties for payment of the amounts reflected in the Stipulated Judgment between the parties. 3. As of May 31, 2024, Cyberlux was up to date on all payments to Plaintiffs. 4. On or about the week of May 31, 2024, Plaintiffs obtained a Writ of Fieri Facias in Virginia State Court. As a result of this Writ of Fieri Facias, Cyberlux’s bank accounts were sequestered, preventing Cyberlux from gaining access to the money it had set aside for the June 2024 payment to Plaintiffs pursuant to the Settlement Agreement. 5. On or about June 9, 2024, Cyberlux requested that Plaintiffs agree to the release of those funds so that Cyberlux could make its June payment to Plaintiffs. Plaintiffs refused Cyberlux’s request. 6. Plaintiffs have since used their own refusal to release the funds that they had sequestered to take the position that Cyberlux has “missed” its June payment. I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of June, 2024, at Charlotte, North Carolina. Charles Watts Case 3:24-cv-00482-RBM-VET Document 18-2 Filed 06/14/24 PageID.579 Page 2 of 4
claimallegation

The signed Melissa P. Kanamori proof of service selects CM/ECF electronic service for Keithly/Ross and direct email for Sadigh on14June2024,

The signed Melissa P. Kanamori proof of service selects CM/ECF electronic service for Keithly/Ross and direct email for Sadigh on14June2024, with no failure notice received within a reasonable time. The selected boxes and signature are visible; the certificate is not the email log or proof of actual reading.

Read the anchor · page 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS PROOF OF SERVICE [FRCP 5(B)] STATE OF CALIFORNIA, COUNTY OF SAN DIEGO I am employed in the County of San Diego, State of California. I am over the age of 18 years and am not a party to the within action; my business address is 600 W. Broadway, Suite 1500, San Diego, CA 92101. My electronic service address is mkanamori@hahnlaw.com. On June 14, 2024, I served the following document(s) described as: DECLARATION OF CHARLES WATTS IN SUPPORT OF DEFENDANTS CYBERLUX CORPORATION’S EX PARTE APPLICATION TO QUASH AND RECALL PLAINTIFFS’ REQUEST AND APPLICATION FOR WRIT OF EXECUTION on the interested parties in this action as follows: BY ELECTRONIC MAIL: A copy of the foregoing document was electronically filed using the CM/ECF system which will send a notice of electronic filing to all CM/ECF participants listed below: David M. Keithly, SBN 292101 Sara Ross, SBN 346153 Mortenson Taggart Adams LLP 300 Spectrum Center Drive, Ste. 1200 Irvine, CA 92618 Email: dkeithly@mortensontaggart.com sross@mortensontaggart.com Attorneys for Plaintiffs Atlantic Wave Holdings, LLC Secure Community, LLC Case 3:24-cv-00482-RBM-VET Document 18-2 Filed 06/14/24 PageID.580 Page 3 of 4
entityobservation

Charles Watts

Read the anchor · page 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS I, Charles Watts, declare: 1. I am the special counsel for Defendant Cyberlux Corporation (“Cyberlux”). I am an attorney licensed to practice and in good standing in North Carolina and am located in North Carolina. If called as a witness, I would competently testify as to the following facts based on my personal knowledge. 2. I have been personally involved in Cyberlux’s making of payments to Atlantic Wave Holdings, LLC and Secure Community, LLC (collectively, “Plaintiffs”) pursuant to the terms of the Settlement Agreement between the parties for payment of the amounts reflected in the Stipulated Judgment between the parties. 3. As of May 31, 2024, Cyberlux was up to date on all payments to Plaintiffs. 4. On or about the week of May 31, 2024, Plaintiffs obtained a Writ of Fieri Facias in Virginia State Court. As a result of this Writ of Fieri Facias, Cyberlux’s bank accounts were sequestered, preventing Cyberlux from gaining access to the money it had set aside for the June 2024 payment to Plaintiffs pursuant to the Settlement Agreement. 5. On or about June 9, 2024, Cyberlux requested that Plaintiffs agree to the release of those funds so that Cyberlux could make its June payment to Plaintiffs. Plaintiffs refused Cyberlux’s request. 6. Plaintiffs have since used their own refusal to release the funds that they had sequestered to take the position that Cyberlux has “missed” its June payment. I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of June, 2024, at Charlotte, North Carolina. Charles Watts Case 3:24-cv-00482-RBM-VET Document 18-2 Filed 06/14/24 PageID.579 Page 2 of 4
entityobservation

Melissa P. Kanamori

Read the anchor · page 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS BY ELECTRONIC MAIL: I caused the documents to be transmitted by electronic mail to the party(s) identified on the below service list using the e-mail address(es) shown. I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission(s) were unsuccessful. James K. Sadigh, SBN 140199 9777 Wilshire Blvd., Suite 400 Beverly Hills, CA 90212 Email: jamessadigh@aol.com Attorneys for Plaintiffs Atlantic Wave Holdings, LLC Secure Community, LLC I declare that I am employed in the office of a member of the bar of the court at whose direction the service was made. Executed on June 14, 2024, at San Diego, California. ___________________________ Melissa P. Kanamori Case 3:24-cv-00482-RBM-VET Document 18-2 Filed 06/14/24 PageID.581 Page 4 of 4
inferenceinference

The declaration offers a testable account of payment access being blocked, while distinguishing current instalments from full satisfaction.

The declaration offers a testable account of payment access being blocked, while distinguishing current instalments from full satisfaction. Verification requires the bank restriction and dated payment records.

otherattribution

Complete supplied 4-page source reviewed at SHA-256 0ac0650e4194bd79422b948a8716962ef36991d5764a29547a285ac0003d59e9. Source assertions, ori

Complete supplied 4-page source reviewed at SHA-256 0ac0650e4194bd79422b948a8716962ef36991d5764a29547a285ac0003d59e9. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Full 4-page reading of version_0adbcd6acf804d4283d0cd470e0d2e18, SHA256 0ac0650e4194bd79422b948a8716962ef36991d5764a29547a285ac0003d59e9; source bytes and original extraction preserved.

Read the anchor · page 1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS HAHN LOESER & PARKS LLP Gabe P. Wright (SBN 208647) One America Plaza 600 W. Broadway, Suite 1500 San Diego, CA 92101 Telephone: 619.810.4300 Facsimile: 619.810.4301 gwright@hahnlaw.com THOMPSON COBURN LLP JEFFREY N. BROWN, CSB 105520 jbrown@thompsoncoburn.com 10100 Santa Monica Blvd., Suite 500 Los Angeles, California 90067 Tel: 310.282.2500 / Fax: 310.282.2501 EDWARD W. GRAY, JR. (SBN 80966) egray@thompsoncoburn.com 1909 K Street, NW Suite 600 Washington, D.C. 20006 Tel: 202.585.6967 / Fax: 202.585.6969 ALLEN CHESSON & GRIMES DOUGLAS GRIMES (pro hac vice application pending) dgrimes@allenchesson.com 505 N. Church Street Charlotte, NC 28202 Tel: 704.755.6012 Attorneys for Defendant CYBERLUX CORPORATION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ATLANTIC WAVE HOLDINGS, LLC, a Virginia limited liability company; and SECURE COMMUNITY, LLC, a Virginia limited Liability company, Plaintiffs, v. CYBERLUX CORPORATION, a Nevada Corporation; Defendant. Case No. 3:24-cv-00482-RBM-VET DECLARATION OF CHARLES WATTS IN SUPPORT OF DEFENDANTS CYBERLUX CORPORATION’S EX PARTE APPLICATION TO QUASH AND RECALL PLAINTIFFS’ REQUEST AND APPLICATION FOR WRIT OF EXECUTION Dist. Judge: Ruth Bermudez Montenegro Case 3:24-cv-00482-RBM-VET Document 18-2 Filed 06/14/24 PageID.578 Page 1 of 4
questionquestion

Do the bank hold, available balances, settlement schedule and9June release correspondence substantiate the claimed inability to make the Jun

Do the bank hold, available balances, settlement schedule and9June release correspondence substantiate the claimed inability to make the June payment?

questionquestion

What order resolved the quash/recall application and any asserted excuse for nonpayment?

distillateallegation

CONNECT

Reviewed relationships

The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.

Watts accuses plaintiffs of using their own refusal to release the sequestered money to characterise the June instalment as missed. This is his explanation of disputed nonpayment, not proof of plaintiffs’ motive or a judicial finding that payment was excused.supportsThe declaration offers a testable account of payment access being blocked, while distinguishing current instalments from full satisfaction. Verification requires the bank restriction and dated payment records.

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Watts states Cyberlux was current on all payments to Atlantic Wave and Secure Community as of31May2024. He identifies no amount or attached ledger establishing that position, and the statement does not say the entire judgment had been satisfied.supportsThe declaration offers a testable account of payment access being blocked, while distinguishing current instalments from full satisfaction. Verification requires the bank restriction and dated payment records.

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Watts states Cyberlux was current on all payments to Atlantic Wave and Secure Community as of31May2024. He identifies no amount or attached ledger establishing that position, and the statement does not say the entire judgment had been satisfied.supportsDo the bank hold, available balances, settlement schedule and9June release correspondence substantiate the claimed inability to make the June payment?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Watts’s declaration, filed14June2024 as SDCA18-2 in3:24-cv-00482-RBM-VET, supports Cyberlux’s application to quash/recall execution. He identifies personal involvement in settlement payments and signs14June at Charlotte; it is advocacy evidence, not an order granting relief.supportsWhat order resolved the quash/recall application and any asserted excuse for nonpayment?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
He says a Virginia writ obtained around the week of31May caused bank accounts to be sequestered, denying access to money set aside for the June payment. He further says Cyberlux requested release around9June and plaintiffs refused. These are his asserted causal facts; the writ, bank restriction and release exchange are not attached.supportsDo the bank hold, available balances, settlement schedule and9June release correspondence substantiate the claimed inability to make the June payment?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Watts accuses plaintiffs of using their own refusal to release the sequestered money to characterise the June instalment as missed. This is his explanation of disputed nonpayment, not proof of plaintiffs’ motive or a judicial finding that payment was excused.supportsWhat order resolved the quash/recall application and any asserted excuse for nonpayment?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Watts accuses plaintiffs of using their own refusal to release the sequestered money to characterise the June instalment as missed. This is his explanation of disputed nonpayment, not proof of plaintiffs’ motive or a judicial finding that payment was excused.supportsDo the bank hold, available balances, settlement schedule and9June release correspondence substantiate the claimed inability to make the June payment?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
He says a Virginia writ obtained around the week of31May caused bank accounts to be sequestered, denying access to money set aside for the June payment. He further says Cyberlux requested release around9June and plaintiffs refused. These are his asserted causal facts; the writ, bank restriction and release exchange are not attached.supportsThe declaration offers a testable account of payment access being blocked, while distinguishing current instalments from full satisfaction. Verification requires the bank restriction and dated payment records.

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Watts states Cyberlux was current on all payments to Atlantic Wave and Secure Community as of31May2024. He identifies no amount or attached ledger establishing that position, and the statement does not say the entire judgment had been satisfied.supportsDoes the declaration establish the judgment was paid in full by31May2024?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
He says a Virginia writ obtained around the week of31May caused bank accounts to be sequestered, denying access to money set aside for the June payment. He further says Cyberlux requested release around9June and plaintiffs refused. These are his asserted causal facts; the writ, bank restriction and release exchange are not attached.supportsDoes the declaration establish the judgment was paid in full by31May2024?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%

WEIGH

Explained weighting

A score appears only when its components and change threshold are published.

No published WEIGH run

The active Website Edition contains no applied score snapshot for this source or its connected objects. That means not assessed—not zero.