May 22, 2025 signed receiver order — powers, limits, fees and document schedule
Original sourceCertified copy of signed Harris County order reproduced in August 4 federal exhibit; historical judicial instrument, not proof of its later implementation or continued validity.
Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
claimallegation
The 33-page federal Exhibit 8 comprises a divider, a 20-page order signed by Michael Gomez on May 22, 2025, an 11-page Exhibit A and clerk c
The 33-page federal Exhibit 8 comprises a divider, a 20-page order signed by Michael Gomez on May 22, 2025, an 11-page Exhibit A and clerk certification dated May 23, certified document 120719480 for 31 underlying pages. The April 1 filing stamp on its first page is separate from the May 22 judicial signature and August 4 federal filing.
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EXHIBIT 8
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 1 of 33 PageID# 549
claimallegation
The operative liability clause excepts intentional misconduct from its nonliability language; the order also repeats no duty to preserve or
The operative liability clause excepts intentional misconduct from its nonliability language; the order also repeats no duty to preserve or insure property except as specifically ordered. This qualification must be preserved alongside broad immunity language and citations elsewhere; no actual misconduct finding appears.
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Cause No. 202448085
11) The Judgment is not considered a "consumer debt" as defined by the 15 U.S.
Code § 1692, the Fair Debt Collection Practices Act (FDCPA).
12) This Order specifically serves as the Court order required by 47 USC Sec. 551, and
satisfies all obligations of the responding party to obtain or receive a court order prior to disclosing
material containing personally identifiable information of the subscriber and/or customer.
13) The disclosure of information pursuant to this Order is not a violation of PUC
Substantive Rule 25.272. This Order satisfies the law, regulation, or legal process exception to the
Proprietary Customer Information Safeguards found in PUC Substantive Rule 25.272 (g)(1).
THEREFORE, the Court ORDERS the relief as set out below:
14) The Court assumes jurisdiction over and takes possession of Debtor's non-exempt
property (collectively, the "Receivership assets"). Debtor is enjoined from selling non-exempt
property, and must report to Receiver all sales and transfers of exempt property, within 5 days.
The Receivership owns all non-exempt assets of all Debtors, regardless of whether Receiver takes
actual possession. This includes accounts in financial institutions and banks.
15) Appointment. After considering the propriety of receivers whom the Court has
appointed in other cases and the plaintiff's recommendations, the Court appoints Robert W.
Berleth as Receiver over each Debtor's non-exempt assets, under TEX. CIV. PRAC. & REM. CODE
§ 31.002, to serve as Receiver after taking the oath of office.
16)
No Bond. No bond is required of the Receiver. After taking the oath of office, the
Receiver shall be authorized, subject to the control of this Court, to do any and all acts necessary
to the proper and lawful conduct of said Receivership.
Certified Document Number: 120719480 - Page 5 of 31
17)
Immunity. Except for acts of intentional misconduct, Receiver and persons
engaged or employed by him are not liable for loss or damage incurred by any person or entity by
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 5 of 20
Order Appointing Receiver
claimallegation
The fee clause states 25% of asset sales, recoveries and judgment credits, with hearing and proof language referring to Rohrmoos. More than
The fee clause states 25% of asset sales, recoveries and judgment credits, with hearing and proof language referring to Rohrmoos. More than 25% may be awarded after notice and opportunity for hearing; 33% is described as a possible award on full collection. A bankruptcy clause specifies 25% of debt and a secured-claim condition. These terms do not establish an actual fee calculation or payment.
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Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 19 of 33 PagelD# 567
Cause No. 202448085
b. By first class mail to Debtor and every person who has filed a request for notice;
50)
Objection to Abandonment or Sale. Objections to the proposed abandonment or
sale must state the grounds and be filed within five days after Receiver's service of the notice.
a. If no objection is timely filed, Receiver may abandon the property as described
in the notice, without further order.
b. If an objection is timely filed, the proposed abandonment or sale must not be
completed until the Court has decided the objection.
51) Retention of counsel. Receiver may employ counsel, at not more than $300.00 per
hour, for representation and assistance in the prosecution of this order.
52) Ancillary Litigations. Receiver does not have to defend or prosecute any litigation
regarding the Debtor, but may intervene in any litigation for any party to this litigation.
53) Receivers Fees. The Receiver's fees and expenses are considered costs of court.
Competent and experienced receivers are rare and the time and effort required by a receiver to
keep time, apply for fees and the lag between filing for fees and being paid and that the fees earned
would be at an ordinary rate. Not being paid at the time of or shortly after rendering of services
would inhibit the recruitment of experienced receivers. Given the chances of no recovery,
contingent fees are the most economical fee schedule. The costs of proving an hourly fee could
easily exceed the original judgment. A contingency fee is the only way that plaintiff can afford a
receiver. Debtor has not tried to pay the judgment. The costs of proving an hourly fee are
prohibitive. Therefore, the Receiver is entitled to a fee equal to 25% of all sales of assets that come
into his actual, constructive, or legal possession, and all recoveries and credits against the
Certified Document Number: 120719480 - Page 18 of 31
judgment. Upon hearing, and once the Rohrmoos Ventures 12 elements have been proven, the Court
12 Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469, 490 (Tex. 2019) "To assist
district courts in awarding attorney's fees, the Fifth Circuit in Johnson v. Georgia Highway
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 18 of 20
Order Appointing Receiver
claimallegation
Separate provisions cap retained counsel at $300 per hour, prescribe a presumptive $5,000 or proven motion-defence fees, $15,000 intermediat
Separate provisions cap retained counsel at $300 per hour, prescribe a presumptive $5,000 or proven motion-defence fees, $15,000 intermediate-appeal bond and an additional $25,000 Supreme Court bond subject to prevailing-party proof, and award $1,750 for obtaining this order. The receiver must file a final accounting and closure motion; unsuccessful reasonable collection triggers a specified $1,500 creditor reimbursement plus expenses upon closure. No accounting or fee hearing record is attached.
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Cause No. 202448085
b. By first class mail to Debtor and every person who has filed a request for notice;
50)
Objection to Abandonment or Sale. Objections to the proposed abandonment or
sale must state the grounds and be filed within five days after Receiver's service of the notice.
a. If no objection is timely filed, Receiver may abandon the property as described
in the notice, without further order.
b. If an objection is timely filed, the proposed abandonment or sale must not be
completed until the Court has decided the objection.
51) Retention of counsel. Receiver may employ counsel, at not more than $300.00 per
hour, for representation and assistance in the prosecution of this order.
52) Ancillary Litigations. Receiver does not have to defend or prosecute any litigation
regarding the Debtor, but may intervene in any litigation for any party to this litigation.
53) Receivers Fees. The Receiver's fees and expenses are considered costs of court.
Competent and experienced receivers are rare and the time and effort required by a receiver to
keep time, apply for fees and the lag between filing for fees and being paid and that the fees earned
would be at an ordinary rate. Not being paid at the time of or shortly after rendering of services
would inhibit the recruitment of experienced receivers. Given the chances of no recovery,
contingent fees are the most economical fee schedule. The costs of proving an hourly fee could
easily exceed the original judgment. A contingency fee is the only way that plaintiff can afford a
receiver. Debtor has not tried to pay the judgment. The costs of proving an hourly fee are
prohibitive. Therefore, the Receiver is entitled to a fee equal to 25% of all sales of assets that come
into his actual, constructive, or legal possession, and all recoveries and credits against the
Certified Document Number: 120719480 - Page 18 of 31
judgment. Upon hearing, and once the Rohrmoos Ventures 12 elements have been proven, the Court
12 Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469, 490 (Tex. 2019) "To assist
district courts in awarding attorney's fees, the Fifth Circuit in Johnson v. Georgia Highway
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 18 of 20
Order Appointing Receiver
claimallegation
Exhibit A requires delivery within ten days of receipt, generally covers three years, imposes continuing supplementation and broad definitio
Exhibit A requires delivery within ten days of receipt, generally covers three years, imposes continuing supplementation and broad definitions including relatives or witnesses with relevant records. It requires indexed, numbered production, creation of specified lists, loss explanations and preservation of requested material. Repeated unfilled case-number template text appears in the schedule; its presence is a document defect, not a separate ruling invalidating it.
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Exhibit A
Documents Ordered to be Delivered to Receiver, at His Office,
Within Ten Days of Receipt of the Order Appointing Receiver
Definitions and instructions.
1)
Time Periods. All time periods are for the three years before this order
was signed, unless otherwise stated.
Continuing duty to supplement. The turnover order is continuing and
must be supplemented. Should a defendant or witness come into
possession, custody, or control of anything that was ordered turned
over or produced, that person must turn over the item within ten days.
Definitions:
a. "Order" means the turnover order in this caseorder.
b. "Account Information" means the login, username or other
account identifier with all passwords associated with accessing the
accounts.
c. "Contact Information," "telephone number," and "address,' mean
that person's full name, nick names, d/b/a's, and all addresses
(including work and residence), all telephone numbers (including
home, office, fax, pager, and cell numbers), and e-mail, Facebook,
social networking, and web site addresses. If any of the
information is lacking, provide the Contact Information for every
person believed to be able to provide the missing information.
d. "Defendant" includes every judgment defendant and every spouse
or ex-spouse of the judgment defendant within three years of
signing the order.
e. "Copies" means complete, legible copies. Illegible copies are to be
provided, with a notation showing where legible copies can be
found.
f.
"Entity" includes all business organizations, whatever their form,
including public or private corporations, limited liability
companies, partnerships, joint ventures, unincorporated
associations, and individual proprietorships.
"Manager" refers collectively to anyone who is an officer, director,
Certified Document Number: 120719480 - Page 21 of 31
manager, or supervisor of an Entity, or who makes business
decisions for an Entity.
Pg. 1 of 11
Order Appointing Receiver-Exh. A
claimallegation
The schedule requests authorisations, contact information, royalty and domain rights, tax and bank records, securities and collateral instru
The schedule requests authorisations, contact information, royalty and domain rights, tax and bank records, securities and collateral instruments, identity and financial records, benefits, insurance, legal billing, property and storage, trusts, receivables, appraisals, inventory, contracts, transfers, employment and rewards. These are requested categories, not proof each category exists or was produced.
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Cause No. ¡case case_number}}
control of a Document, Record, or tangible thing ordered turned
over that has been lost, destroyed, purged, or is not in their
possession or control, identify the item and describe the
circumstances surrounding the loss, destruction, purging, or
separation from your possession or control, indicating the dates
that the circumstances occurred.
e. No Document, file or photograph requested may be altered,
changed, modified, disposed of or destroyed.
1. Indicate to which paragraph of the Order the Document, Record or
tangible thing applies. When producing data or information in
electronic or magnetic form, make a paper copy. If it is not
reasonably possible to make a hard copy print-out of the data or
intormation, copy the data or information and provide it in
WordPerfect, Microsoft Word, Microsoft Excel, Rich Text Format,
JPEG, Adobe, or other format acceptable to the Receiver.
For each defendant, Entity, and owner, Shareholder, or Manager of the Entity in
the last three years, turn over all Items, data, and records:
5)
A letter authorizing the Receiver to obtain all records and assets to
which defendant is entitled;
Contact information for each defendant and witness controlling or
knowing of relevant documents or information;
7)
All royalty payments, rights to receive payment, websites, url, domain
names,
For every Entity in which a defendant is an owner, Shareholder, or
Manager, or has authority over accounts in financial institutions:
a. The Entity's Contact Information;
b. The Contact Information for every owner, Shareholder, or
Manager of each Entity for the last three years;
c. The Contact Information for the accountants and bookkeepers for
each Entity and every owner, Shareholder, or Manager for the last
three years;
Copies of all personal and business federal income tax returns filed by
or prepared for defendant for the current year and for the last three
Certified Document Number: 120719480 - Page 23 of 31
years prior to the current year, with all schedules, attachments, W-2
forms, 1099 forms and all similar federal income summary forms for
the same years;
Pg. 3 of 11
Order Appointing Receiver
claimallegation
The final schedule requests corporate, LLC and limited-partnership governance, ownership ledgers, contributions, financial statements, accou
The final schedule requests corporate, LLC and limited-partnership governance, ownership ledgers, contributions, financial statements, accounts and tax records, with some tax lookbacks extending six years beyond the general three-year period. It ends on underlying page 31; no debtor response, oath, inventory, sale record or subsequent modification is included.
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Case 3:25-cv-00483-JAG
Document 41-8 Filed 08/04/25 Page 29 of 33 PagelD# 577
Cause No. ¡case case_number}}
terms of any written employment contract or agreement or is due any
remuneration under any past contract or agreement, furnish a copy of
the contract or agreement;
38)
All documents identifying or explaining every gift, bailment, loan,
gratuitous holding, assignment, sale, hypothecation, discounted
transfer, transfer into lock box payment, or transfer of defendant's
property;
39)
All employment records or pay records to indicate every business for
which defendant was employed, provided services, was an
independent contractor, general contractor, superintendent, agent or
subcontractor during the last three years;
40)
A listing of all air miles and rewards programs, with the last year's
statements;
41)
Regarding entities in which a defendant has an interest, turnover:
a. Articles of Incorporation.
b. Bylaws and all amendments.
c. Shareholders Agreement and amendments.
d. A specimen of the corporation's Share Holder Certificate including
stock transfer restrictions noted on the face of the certificate or
referred to thereon.
e. All records of the original issuance of shares issued by the
corporation and a record of each transfer of those shares presented
to the corporation for registration of transfer.
f. The names and current addresses of all past and current
shareholders of the corporation and the number and class or series
of shares issued by the corporation held by each.
g. A copy of the current share transfer ledger of the corporation
showing the certificate number, date of issuance, shareholder
name and number of shares represented to be held by the
shareholders.
h. Any financial statements of the corporation prepared for or issued
by the corporation in the previous two years.
i.
The books and records of accounts of the corporation for the last
fiscal year.
Certified Document Number: 120719480 - Page 28 of 31
j. The corporation's annual statements for its last fiscal year showing
in reasonable detail its assets and liabilities and the results of its
operations and the most recent interim statements that have been
filed in a public record or otherwise published.
Pg. 8 of 11
Order Appointing Receiver
claimallegation
The order covers Cyberlux Corporation and Mark D. Schmidt individually and appoints Robert W. Berleth as the court’s agent, not a party’s la
The order covers Cyberlux Corporation and Mark D. Schmidt individually and appoints Robert W. Berleth as the court’s agent, not a party’s lawyer. It recites $1,572,500 judgment, $177,126.19 attorney fees, $3,895 and $6,842.50 sanctions, costs and 12% interest, with $2,111,086.01 owed as of February 18, 2025. That is the order’s dated balance recital, not a later reconciled ledger. Personal identifiers are partly redacted.
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Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 3 of 33 PagelD# 551
Cause No. 202448085
2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the
following Debtors:
a. CYBERLUX CORPORATION (CORPORATION)
4625 Creekstone Dr
Durham, NC 27703-8478
800 Park Offices Dr Suite 3209
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0000-3811-1939
b.
MARK D. SCHMIDT (INDIVIDUAL)
1134 Fearrington Post Apt 12
Pittsboro, NC 27312-5014
SSN:
-0622
D.O.B. February
1965
ACCURINT (LEXIS) ID: 0022-6993-6159
3)
"Receiver" refers to: ROBERT W. BERLETH. Receiver' is the agent of this
Court (not the attorney for any party), and is to be treated with the same courtesy accorded to the
Court.
BERLETH & ASSOCIATES
Robert W. Berleth
Texas Bar # 24091860
SDOT #: 3062288
E-mail: rberleth@berlethlaw.com
Tristian Harris
Texas Bar # 24134449
E-mail: tharris@berlethlaw.com
9950 Cypresswood Dr. Suite 200
Certified Document Number: 120719480 - Page 2 of 31
1 Davis v. Radoff, 317 S.W.3d 301, (Tex.App-Hou 1st 2009), (citing Ramirez v. Burnside &
Rishebarger, L.L.C., No. 04-04-00160-CV, 2005 WL. 1812595 (Tex. App.-San Antonio Aug. 3,
2005, no pet.) (mem. op.))ồiOnce an individual is cloaked with derived judicial immunity because
of a particular function being performed for a court, every action taken with regard to that
function-whether good or bad, honest or dishonest, well-intentioned or not-is immune from suit.
Once applied to the function, the cloak of immunity covers all acts, both good and bad."
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
claimallegation
The order finds unsatisfied judgments and turnover requirements met, invokes custody of law over nonexempt property, asserts a judicial lien
The order finds unsatisfied judgments and turnover requirements met, invokes custody of law over nonexempt property, asserts a judicial lien and prohibits unauthorised transfers. It appoints Berleth after oath without bond and subjects him to court control. These are the order’s findings and commands, not proof every asset actually belonged to either debtor.
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Case 3:25-cv-00483-JAG Document 41-8
Filed 08/04/25 Page 4 of 33 PagelD# 552
Cause No. 202448085
Tele: 713-588-6900
"Judgment" refers to the Order domesticated by this court dated June 23, 2023.
Applicant is owed a judgment amount of $1,572,500, with attorney's fees of $177,126.19, plus
sanctions of $3,895.00 and $6,842.50 plus court costs with post-judgment interest accruing at the
rate of 12% per annum. As of 02/18/2025 $2,111,086.01 remains owed and due from the Debtors
to the Plaintiff, and subject to the Receiver's actions.
The Court FINDS that:
5) Judgment Creditors own unsatisfied final judgments against Judgment Debtors.
6) Upon evidence admitted to this court, during the hearing for appointment of
Receiver the court finds the requirements for chapter 31 turnover have been met. The court takes
judicial notice of the evidence and testimony presented during the appointment hearing.
7) Judgment Creditors have good faith reasons to believe that Debtor owns non-
exempt rights to present or future property that cannot be readily attached or levied on by
ordinary legal process as required by the standard set forth in TannerẾSuch property includes,
but is not limited to, real property, tangible and intangible assets, other property, professional
corporations which have accounts receivable, bank accounts that are easily moved and
constantly changing in balance, and community property held jointly. The appointment of a
Receiver to locate, marshal, and administer assets is justified because the Court believes that
non-exempt assets exist which Judgment Creditors are justified in believing Debtor willhide.
8)
A Receiver is necessary to carry out this Court's prior orders, and that the
Receivership is necessary not to harass, but to serve justice. A Receiver is necessary in this
Certified Document Number: 120719480 - Page 3 of 31
case pursuant to the Texas Turnover Statute, TEX. PRAC. & REM. CODE § 31.002 and the Texas
≥ Tanner v. McCarthy, 274 S.W.3d 311 (Tex. App.-Houston [1st Dist.] 2009, no pet.)
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 3 of 20
Order Appointing Receiver
claimallegation
Debtors are directed to deliver records within ten days, disclose assets, supplement within five days, turn over nonexempt funds needed for
Debtors are directed to deliver records within ten days, disclose assets, supplement within five days, turn over nonexempt funds needed for satisfaction, and supply account credentials; prior written consent is required for nonexempt spending or transfers. A debtor disputing a demand is directed to comply first and seek court protection. Third parties with notice must avoid interference and deliver property within ten working days of demand; identifying advising counsel expressly does not waive privilege.
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Cause No. 202448085
11) The Judgment is not considered a "consumer debt" as defined by the 15 U.S.
Code § 1692, the Fair Debt Collection Practices Act (FDCPA).
12) This Order specifically serves as the Court order required by 47 USC Sec. 551, and
satisfies all obligations of the responding party to obtain or receive a court order prior to disclosing
material containing personally identifiable information of the subscriber and/or customer.
13) The disclosure of information pursuant to this Order is not a violation of PUC
Substantive Rule 25.272. This Order satisfies the law, regulation, or legal process exception to the
Proprietary Customer Information Safeguards found in PUC Substantive Rule 25.272 (g)(1).
THEREFORE, the Court ORDERS the relief as set out below:
14) The Court assumes jurisdiction over and takes possession of Debtor's non-exempt
property (collectively, the "Receivership assets"). Debtor is enjoined from selling non-exempt
property, and must report to Receiver all sales and transfers of exempt property, within 5 days.
The Receivership owns all non-exempt assets of all Debtors, regardless of whether Receiver takes
actual possession. This includes accounts in financial institutions and banks.
15) Appointment. After considering the propriety of receivers whom the Court has
appointed in other cases and the plaintiff's recommendations, the Court appoints Robert W.
Berleth as Receiver over each Debtor's non-exempt assets, under TEX. CIV. PRAC. & REM. CODE
§ 31.002, to serve as Receiver after taking the oath of office.
16)
No Bond. No bond is required of the Receiver. After taking the oath of office, the
Receiver shall be authorized, subject to the control of this Court, to do any and all acts necessary
to the proper and lawful conduct of said Receivership.
Certified Document Number: 120719480 - Page 5 of 31
17)
Immunity. Except for acts of intentional misconduct, Receiver and persons
engaged or employed by him are not liable for loss or damage incurred by any person or entity by
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 5 of 20
Order Appointing Receiver
claimallegation
The entity-control provisions vest debtor management authority in the receiver, superseding officers, directors and managers. Sole-owned ent
The entity-control provisions vest debtor management authority in the receiver, superseding officers, directors and managers. Sole-owned entities and individual ownership interests are addressed separately. The order asserts first-receivership control and restricts litigation against the receiver or his firm outside this court. These provisions must be compared with later modifications rather than treated as timeless authority.
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Cause No. 202448085
e. Organize and collate the disclosed information and documents in the formats
and manners required by Receiver. The disclosures must be indexed and refer
to the request to which it is responding. Responses like, "See response number
so and so." are prohibited;
f. Deliver to Receiver all passwords, user identification, login and other
credentials used to access websites, owned, controlled, or managed by each
Debtor and on-line accounts that allow the control of assets (e.g. financial
accounts, webhosting accounts, and other accounts used to control assets).
g. Debtor may not dispute a check that Receiver seizes and deposits, without first
obtaining the Court's permission.
h. If Debtor believes that the Receiver's demands are inappropriate, the Debtor
must first comply, then seek protection from the Court. Debtors seeking
protection must set the matter for the earliest possible hearing date, after giving
full notice to the Receiver and attempting to resolve the issues.
22)
Conduct and Disposition of Entities. If Debtor is an individual, all legal right, title
and ownership of any limited partnership interest, partnership interest, stock, or membership
interest it has in any entity and business entity of that Debtor is divested from the individual and
placed in custodia legis with the Receiver. If the debtor is the sole owner of that entity or business,
all management authority is vested in the Receiver as if Receiver were the Receiver over that
entity. If the Respondent is a business entity, all authority and power of the Debtor in the
management of the entity is vested in the Receiver and no decision may be made or carried out
Certified Document Number: 120719480 - Page 8 of 31
8 Chitex Communication v. Kromer, 168 B.R. 587, 590 (S.D. Tex. 1994) "the president of an
insolvent corporation had no authority to affect the corporation's property interests once a state
court had placed it into receivership".
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 8 of 20
Order Appointing Receiver
claimallegation
The possession and access provisions encompass nonexempt property, IP, records, accounts, contract rights and receivables. They permit acces
The possession and access provisions encompass nonexempt property, IP, records, accounts, contract rights and receivables. They permit access to premises, changing locks, reasonable destructive entry and property surveillance, and disabling or removing property. The same text disclaims specified maintenance, insurance, lease and tax duties unless specifically ordered. Authority to act does not establish an actual entry, seizure or ownership determination.
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Cause No. 202448085
Powers GRANTED unto the Receiver by this Court:
25) Possession. The Receiver may take possession of Debtor's non-exempt property
in Debtor's actual or constructive possession, custody, or control, including but not limited to the
items described in Exhibit "A". The Receiver may secure control over all non-exempt property
and engage in presale activities, including appraisals, evaluations, listing and advertising
agreements. Receiver may transfer title into the receivership or place a hold on the title of personal
and intangible property, including but not limited to:
a. All patents, trademarks, service marks, copyrights, websites, and domain
names,
b. All documents or records, including financial records, related to such property
that is in actual or constructive possession of the Debtors;
c. All financial accounts (bank accounts), certificates of deposit, money-market
accounts, and accounts held by any third party;
d. All federal and state tax returns filed or prepared by or on behalf of the Debtors
for the past five (5) years;
e. All non-exempt vehicles, to include boats, motor vehicles, cars, trucks, utility
vehicles, recreation vehicles, aircraft, trailers, or other wheeled vehicles;
f. All real property owned or rented by any Debtor or Debtor's agent or assigns
in part or whole;
g. All securities;
h. All gifts, inheritances, or divisions of property;
Certified Document Number: 120719480 - Page 10 of 31
i. All safety deposit boxes, safes, lock boxes, or vaults;
j. All cash;
k. All negotiable instruments, including promissory notes, drafts, and checks;
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 10 of 20
Order Appointing Receiver
claimallegation
The receiver may assume nonexemption pending a sufficiently specific claim; objections to that assumption are specified within 21 days of co
The receiver may assume nonexemption pending a sufficiently specific claim; objections to that assumption are specified within 21 days of collection. The order separately requires Rule 679b compliance and no creditor disbursement or sale within 14 days after protected-property notice, or 17 days if mailed. An asserted exemption requires debtor consent or court order before disbursement or sale. Disputed title or exemption remains for court determination.
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Cause No. 202448085
aircraft to conduct surveillance of the Debtor's property held in custodia legis, and such operations
are deemed essential for the safety of the Receiver in his official duties under Tex. Gov. Code §
423.002(a);
27)
Disable or remove non-exempt property. The Receiver may disable or remove non-
exempt property belonging to a Debtor or place the property into storage; insure any property taken
into his possession; obtain such writs as Receiver deems necessary to obtain possession; and
change the locks to premises belonging to the Debtor. Receiver has no duty to take these actions,
or to maintain, guard, or insure property taken into custodia legis, or to maintain or pay any lease,
nor shall Receiver be required to pay any mortgage, lien or assessment, defend against any lawsuit,
pay any tax or fee, file tax returns, maintain any insurance coverage, or have any obligation except
as specifically ordered
28) Assume property is not exempt. A Receiver may assume Debtor's property is not
exempt, until the person claiming the exemption files a statement that claims the exemption, cites
the legal and factual grounds for the exemption, and describes the property with sufficient
specificity that a constable can levy upon it. If there be any dispute whether an asset is exempt or
belongs to a Debtor, Receiver may take custody of the asset until the Court determines the rights
of those claiming an interest in the asset. Objections to the Receiver's assumption must be made
to this Court within 21 days of collection;
29)
Personal Property Rights of Judgment Debtor. Receiver must comply with
Texas Rule of Civil Procedure 679b.
30)
Receiver to Hold Property. Receiver must not disburse funds to Judgment
Certified Document Number: 120719480 - Page 12 of 31
Creditor or sell property within 14 days after serving Judgment Debtor with the Notice of
Protected Property Rights, the Instructions for Protected Property Claim Form, and the
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 12 of 20
Order Appointing Receiver
claimallegation
Real-property sales require individual orders after notice and hearing. Order/bond objections are prescribed within twenty days of notice; r
Real-property sales require individual orders after notice and hearing. Order/bond objections are prescribed within twenty days of notice; report objections within twenty days with grounds and evidence, otherwise reports are stated to become admitted facts and conclusions subject to court review. Sale/abandonment notice is required at least ten days before abandonment; objections within five days prevent completion until decided. These separate gates must not be collapsed into unrestricted sale authority.
Read the anchor · page 14
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 14 of 33 PagelD# 562
Cause No. 202448085
Protected Property Claim Form approved by the Supreme Court, or within 17 days if service
was by mail. If the Judgment Debtor asserts an exemption, Receiver may only disburse funds
to Judgment Creditor or sell property with Judgment Debtor's written consent or a court
order.
31)
Disputes. If there be any dispute whether an asset is non-exempt, or property of a
Debtor, the Receiver is authorized to take custody of the asset until the Court can determine the
rights of those claiming interests in the asset. The Court may require a disputing party to post a
bond to cover the Receiver's efforts in the dispute.
32) Real Property Sale. All real property sales must be individually ordered, after
notice and hearing.
33) Objections. All objections to (1) this order, (i1) the bond amount, including its
sufficiency, (iii) all affidavits that support or relate to this order, (iv) Receiver's qualifications, and
(v) every issue relating to this order, are waived if they are not filed within twenty days of the
service on or notice of this order to Debtor or his counsel.
34)
Redirect Postal Mail. The Receiver may redirect, read, and copy Debtor's mail,
whether electronic, paper, or facsimile, or otherwise, and whether sent to a street address,
telephone line, post office box, or via the internet, before and exclusive of receipt. The Receiver
may establish procedures for allowing Debtors to retrieve the mail, or copies, which includes
making copies available to the Debtor electronically.
35)
Obtain credit reports. The Receiver may obtain credit reports, financial institution
statements, and other reports to aid in locating assets. Receiver may order Consumer Reporting
Certified Document Number: 120719480 - Page 13 of 31
Agencies, as defined by the Fair Credit Reporting Act (IFCRAI) 16 USC §1681b(f) to provide
consumer reports on Debtors and witnesses as allowed under FCRA 16 USC §1681b(a)(1).
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 13 of 20
Order Appointing Receiver
claimallegation
The order authorises mail redirection, credit and utility information, subpoenas, assistance, check endorsement excluding current-wage paych
The order authorises mail redirection, credit and utility information, subpoenas, assistance, check endorsement excluding current-wage paychecks, expedited turnover writs, unclaimed property collection and alternative service. Discovery provisions allow receiver-specified formats and shortened periods and bar debtor discovery on receiver or creditor in this cause. These are authority and process provisions, not evidence that information was obtained or privileges adjudicated.
Read the anchor · page 14
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 14 of 33 PagelD# 562
Cause No. 202448085
Protected Property Claim Form approved by the Supreme Court, or within 17 days if service
was by mail. If the Judgment Debtor asserts an exemption, Receiver may only disburse funds
to Judgment Creditor or sell property with Judgment Debtor's written consent or a court
order.
31)
Disputes. If there be any dispute whether an asset is non-exempt, or property of a
Debtor, the Receiver is authorized to take custody of the asset until the Court can determine the
rights of those claiming interests in the asset. The Court may require a disputing party to post a
bond to cover the Receiver's efforts in the dispute.
32) Real Property Sale. All real property sales must be individually ordered, after
notice and hearing.
33) Objections. All objections to (1) this order, (i1) the bond amount, including its
sufficiency, (iii) all affidavits that support or relate to this order, (iv) Receiver's qualifications, and
(v) every issue relating to this order, are waived if they are not filed within twenty days of the
service on or notice of this order to Debtor or his counsel.
34)
Redirect Postal Mail. The Receiver may redirect, read, and copy Debtor's mail,
whether electronic, paper, or facsimile, or otherwise, and whether sent to a street address,
telephone line, post office box, or via the internet, before and exclusive of receipt. The Receiver
may establish procedures for allowing Debtors to retrieve the mail, or copies, which includes
making copies available to the Debtor electronically.
35)
Obtain credit reports. The Receiver may obtain credit reports, financial institution
statements, and other reports to aid in locating assets. Receiver may order Consumer Reporting
Certified Document Number: 120719480 - Page 13 of 31
Agencies, as defined by the Fair Credit Reporting Act (IFCRAI) 16 USC §1681b(f) to provide
consumer reports on Debtors and witnesses as allowed under FCRA 16 USC §1681b(a)(1).
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 13 of 20
Order Appointing Receiver
entityobservation
ATLANTIC WAVE HOLDINGS, LLC
Read the anchor · page 2
Case 3:25-cv-00483-JAG Document 41-8
Filed 08/04/25 Page 2 of 33 PagelD# 5592025 5:58 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 99158470
By: Lisa Cooper
Filed: 4/1/2025 4:40 PM
CAUSE NO. 202448085
Pgs-31
APREX
ATLANTIC WAVE HOLDINGS, LLC
IN THE DISTRICT COURT
and SECURE COMMUNITY, LLC.,
Plaintiffs, Judgment-Creditors,
v.
129TH JUDICIAL COURT
CYBERLUX CORPORATION and
MARK D. SCHMIDT, individually,
IN AND FOR
Defendants, Judgment-Debtors.
HARRIS COUNTY, TEXAS
ORDER APPOINTING RECEIVER
On the date of entry below, this Court considered Judgment Creditors post-judgment
Application for Turnover relief and to Appoint a Receiver, reviewed the documents on file,
relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and
finds the Judgment Creditors may aid from this action.
The Court DEFINES that:
"Plaintiff(s)" or "Judgment Creditor" refers to ATLANTIC WAVE HOLDINGS,
LLC and SECURE COMMUNITY, LLC, and may be reached at the counsel of record:
David Walton, BELL NUNNALLY, 2323 Ross Avenue, Suite 1900, Dallas, TX 75201.
Telephone: 214-740-1445. Email: dwalton@bellnunnally.com
David Keithly, MORTENSON TAGGART ADAMS LLP, 300 Spectrum Center Drive,
Suite 1200, Irvine, CA. Telephone: 949-774-8107. Email: dkeithly@mortensontaggert.com
Shawn Grady, LAW FIRM OF SHAWN GRADY, 2100 W Loop S #805, Houston, TX
77027. Telephone: 832-692-4542. Email: shawn@gradycollectionlaw.com
James Sadigh, Law Office of James Sadigh, 9777 Wilshire Blvd Suite 400, Beverly Hills,
Certified Document Number: 120719480 - Page 1 of 31
CA 90212. Telephone: 310-747-5919.Email: JamesSadigh@aol.com
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 1 of 20
Order Appointing Receiver
entityobservation
SECURE COMMUNITY, LLC
Read the anchor · page 2
Case 3:25-cv-00483-JAG Document 41-8
Filed 08/04/25 Page 2 of 33 PagelD# 5592025 5:58 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 99158470
By: Lisa Cooper
Filed: 4/1/2025 4:40 PM
CAUSE NO. 202448085
Pgs-31
APREX
ATLANTIC WAVE HOLDINGS, LLC
IN THE DISTRICT COURT
and SECURE COMMUNITY, LLC.,
Plaintiffs, Judgment-Creditors,
v.
129TH JUDICIAL COURT
CYBERLUX CORPORATION and
MARK D. SCHMIDT, individually,
IN AND FOR
Defendants, Judgment-Debtors.
HARRIS COUNTY, TEXAS
ORDER APPOINTING RECEIVER
On the date of entry below, this Court considered Judgment Creditors post-judgment
Application for Turnover relief and to Appoint a Receiver, reviewed the documents on file,
relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and
finds the Judgment Creditors may aid from this action.
The Court DEFINES that:
"Plaintiff(s)" or "Judgment Creditor" refers to ATLANTIC WAVE HOLDINGS,
LLC and SECURE COMMUNITY, LLC, and may be reached at the counsel of record:
David Walton, BELL NUNNALLY, 2323 Ross Avenue, Suite 1900, Dallas, TX 75201.
Telephone: 214-740-1445. Email: dwalton@bellnunnally.com
David Keithly, MORTENSON TAGGART ADAMS LLP, 300 Spectrum Center Drive,
Suite 1200, Irvine, CA. Telephone: 949-774-8107. Email: dkeithly@mortensontaggert.com
Shawn Grady, LAW FIRM OF SHAWN GRADY, 2100 W Loop S #805, Houston, TX
77027. Telephone: 832-692-4542. Email: shawn@gradycollectionlaw.com
James Sadigh, Law Office of James Sadigh, 9777 Wilshire Blvd Suite 400, Beverly Hills,
Certified Document Number: 120719480 - Page 1 of 31
CA 90212. Telephone: 310-747-5919.Email: JamesSadigh@aol.com
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 1 of 20
Order Appointing Receiver
entityobservation
CYBERLUX CORPORATION
Read the anchor · page 3
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 3 of 33 PagelD# 551
Cause No. 202448085
2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the
following Debtors:
a. CYBERLUX CORPORATION (CORPORATION)
4625 Creekstone Dr
Durham, NC 27703-8478
800 Park Offices Dr Suite 3209
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0000-3811-1939
b.
MARK D. SCHMIDT (INDIVIDUAL)
1134 Fearrington Post Apt 12
Pittsboro, NC 27312-5014
SSN:
-0622
D.O.B. February
1965
ACCURINT (LEXIS) ID: 0022-6993-6159
3)
"Receiver" refers to: ROBERT W. BERLETH. Receiver' is the agent of this
Court (not the attorney for any party), and is to be treated with the same courtesy accorded to the
Court.
BERLETH & ASSOCIATES
Robert W. Berleth
Texas Bar # 24091860
SDOT #: 3062288
E-mail: rberleth@berlethlaw.com
Tristian Harris
Texas Bar # 24134449
E-mail: tharris@berlethlaw.com
9950 Cypresswood Dr. Suite 200
Certified Document Number: 120719480 - Page 2 of 31
1 Davis v. Radoff, 317 S.W.3d 301, (Tex.App-Hou 1st 2009), (citing Ramirez v. Burnside &
Rishebarger, L.L.C., No. 04-04-00160-CV, 2005 WL. 1812595 (Tex. App.-San Antonio Aug. 3,
2005, no pet.) (mem. op.))ồiOnce an individual is cloaked with derived judicial immunity because
of a particular function being performed for a court, every action taken with regard to that
function-whether good or bad, honest or dishonest, well-intentioned or not-is immune from suit.
Once applied to the function, the cloak of immunity covers all acts, both good and bad."
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
entityobservation
MARK D. SCHMIDT
Read the anchor · page 3
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 3 of 33 PagelD# 551
Cause No. 202448085
2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the
following Debtors:
a. CYBERLUX CORPORATION (CORPORATION)
4625 Creekstone Dr
Durham, NC 27703-8478
800 Park Offices Dr Suite 3209
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0000-3811-1939
b.
MARK D. SCHMIDT (INDIVIDUAL)
1134 Fearrington Post Apt 12
Pittsboro, NC 27312-5014
SSN:
-0622
D.O.B. February
1965
ACCURINT (LEXIS) ID: 0022-6993-6159
3)
"Receiver" refers to: ROBERT W. BERLETH. Receiver' is the agent of this
Court (not the attorney for any party), and is to be treated with the same courtesy accorded to the
Court.
BERLETH & ASSOCIATES
Robert W. Berleth
Texas Bar # 24091860
SDOT #: 3062288
E-mail: rberleth@berlethlaw.com
Tristian Harris
Texas Bar # 24134449
E-mail: tharris@berlethlaw.com
9950 Cypresswood Dr. Suite 200
Certified Document Number: 120719480 - Page 2 of 31
1 Davis v. Radoff, 317 S.W.3d 301, (Tex.App-Hou 1st 2009), (citing Ramirez v. Burnside &
Rishebarger, L.L.C., No. 04-04-00160-CV, 2005 WL. 1812595 (Tex. App.-San Antonio Aug. 3,
2005, no pet.) (mem. op.))ồiOnce an individual is cloaked with derived judicial immunity because
of a particular function being performed for a court, every action taken with regard to that
function-whether good or bad, honest or dishonest, well-intentioned or not-is immune from suit.
Once applied to the function, the cloak of immunity covers all acts, both good and bad."
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
entityobservation
ROBERT W. BERLETH
Read the anchor · page 3
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 3 of 33 PagelD# 551
Cause No. 202448085
2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the
following Debtors:
a. CYBERLUX CORPORATION (CORPORATION)
4625 Creekstone Dr
Durham, NC 27703-8478
800 Park Offices Dr Suite 3209
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0000-3811-1939
b.
MARK D. SCHMIDT (INDIVIDUAL)
1134 Fearrington Post Apt 12
Pittsboro, NC 27312-5014
SSN:
-0622
D.O.B. February
1965
ACCURINT (LEXIS) ID: 0022-6993-6159
3)
"Receiver" refers to: ROBERT W. BERLETH. Receiver' is the agent of this
Court (not the attorney for any party), and is to be treated with the same courtesy accorded to the
Court.
BERLETH & ASSOCIATES
Robert W. Berleth
Texas Bar # 24091860
SDOT #: 3062288
E-mail: rberleth@berlethlaw.com
Tristian Harris
Texas Bar # 24134449
E-mail: tharris@berlethlaw.com
9950 Cypresswood Dr. Suite 200
Certified Document Number: 120719480 - Page 2 of 31
1 Davis v. Radoff, 317 S.W.3d 301, (Tex.App-Hou 1st 2009), (citing Ramirez v. Burnside &
Rishebarger, L.L.C., No. 04-04-00160-CV, 2005 WL. 1812595 (Tex. App.-San Antonio Aug. 3,
2005, no pet.) (mem. op.))ồiOnce an individual is cloaked with derived judicial immunity because
of a particular function being performed for a court, every action taken with regard to that
function-whether good or bad, honest or dishonest, well-intentioned or not-is immune from suit.
Once applied to the function, the cloak of immunity covers all acts, both good and bad."
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
entityobservation
Michael Gomez
Read the anchor · page 21
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 21 of 33 PagelD# 569
Cause No. 202448085
55)
Attorney's fees. The Court takes judicial notice of the time that is reasonable and
necessary for obtaining this order, and Debtor is ordered to pay Creditor $1,750 in attorney's fees
for obtaining this order. Additional fees may be awarded, after notice and hearing.
56)
Receiver's Final Accounting. The Receiver shall promptly file a final accounting
with a motion to close the receivership. Should no collection be made against the Debtor after
reasonable attempts by the Receiver, the Creditor shall reimburse the Receiver a sum of $1,500
plus reasonable and necessary expenses upon the Court granting the Receiver's motion to close
the receivership.
BE IT SO ORDERED. Any and all further relief not expressly stated herein is denied.
Signed and Dated:
signed: Maked tony
5/22/2025
Hon. Michael Gomez
JUDGE PRESIDING
Approved as to form and substance:
RIBAL
Berleth & Associates
Robert W. Berleth
Texas Bar # 24091860
SDOT #: 3062288
E-mail: rberleth@berlethlaw.com
Tristian Harris
Texas Bar # 24134449
E-mail: tharris@berlethlaw.com
Certified Document Number: 120719480 - Page 20 of 31
9950 Cypresswood Dr. Suite 200
Tele: 713-588-6900
PROPOSED RECEIVER
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 20 of 20
Order Appointing Receiver
entityobservation
Marilyn Burgess
Read the anchor · page 33
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 33 of 33 PageID# 581
[Seal: District Court of Harris County, Texas]
I, Marilyn Burgess, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date.
Witness my official hand and seal of office this May 23, 2025
Certified Document Number: 120719480 Total Pages: 31
[Signature: Marilyn Burgess]
Marilyn Burgess, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 51.301 and 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com
inferenceinference
This instrument gives a reader the original receiver authority and its internal conditions, enabling later conduct to be tested against both
This instrument gives a reader the original receiver authority and its internal conditions, enabling later conduct to be tested against both powers and procedural gates. It cannot substitute for subsequent modifications, specific asset ownership, notice, objections or performance records.
omissiongap
No oath, debtor production, inventory, fee-hearing record, final accounting or later modification is supplied with this certified order and
No oath, debtor production, inventory, fee-hearing record, final accounting or later modification is supplied with this certified order and schedule.
Read the anchor · page 4
Case 3:25-cv-00483-JAG Document 41-8
Filed 08/04/25 Page 4 of 33 PagelD# 552
Cause No. 202448085
Tele: 713-588-6900
"Judgment" refers to the Order domesticated by this court dated June 23, 2023.
Applicant is owed a judgment amount of $1,572,500, with attorney's fees of $177,126.19, plus
sanctions of $3,895.00 and $6,842.50 plus court costs with post-judgment interest accruing at the
rate of 12% per annum. As of 02/18/2025 $2,111,086.01 remains owed and due from the Debtors
to the Plaintiff, and subject to the Receiver's actions.
The Court FINDS that:
5) Judgment Creditors own unsatisfied final judgments against Judgment Debtors.
6) Upon evidence admitted to this court, during the hearing for appointment of
Receiver the court finds the requirements for chapter 31 turnover have been met. The court takes
judicial notice of the evidence and testimony presented during the appointment hearing.
7) Judgment Creditors have good faith reasons to believe that Debtor owns non-
exempt rights to present or future property that cannot be readily attached or levied on by
ordinary legal process as required by the standard set forth in TannerẾSuch property includes,
but is not limited to, real property, tangible and intangible assets, other property, professional
corporations which have accounts receivable, bank accounts that are easily moved and
constantly changing in balance, and community property held jointly. The appointment of a
Receiver to locate, marshal, and administer assets is justified because the Court believes that
non-exempt assets exist which Judgment Creditors are justified in believing Debtor willhide.
8)
A Receiver is necessary to carry out this Court's prior orders, and that the
Receivership is necessary not to harass, but to serve justice. A Receiver is necessary in this
Certified Document Number: 120719480 - Page 3 of 31
case pursuant to the Texas Turnover Statute, TEX. PRAC. & REM. CODE § 31.002 and the Texas
≥ Tanner v. McCarthy, 274 S.W.3d 311 (Tex. App.-Houston [1st Dist.] 2009, no pet.)
Atlantic Wave Holdings, LLC et al
v. Cyberlux Corporation et al.
Pg. 3 of 20
Order Appointing Receiver
otherattribution
Complete supplied 33-page source reviewed at SHA-256 572da3a5d6efb6d5e49cafd2dccc083e6d469dc15809d2c58346d4168b879201. Source assertions, or
Complete supplied 33-page source reviewed at SHA-256 572da3a5d6efb6d5e49cafd2dccc083e6d469dc15809d2c58346d4168b879201. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Exact version_7b9938d49a924de08126f6e0a656fbac; SHA256 572da3a5d6efb6d5e49cafd2dccc083e6d469dc15809d2c58346d4168b879201. All 33 pages read. Signature, filing boundary, fee terms and certificate visually checked; original extraction and bytes preserved.
Read the anchor · page 1
EXHIBIT 8
Case 3:25-cv-00483-JAG Document 41-8 Filed 08/04/25 Page 1 of 33 PageID# 549
questionquestion
Which later orders, oath, service records, protected-property notices, objections, inventories and accountings establish the authority actua
Which later orders, oath, service records, protected-property notices, objections, inventories and accountings establish the authority actually exercised and its limits at each event?
distillateobservation
CONNECT
Reviewed relationships
The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.
The 33-page federal Exhibit 8 comprises a divider, a 20-page order signed by Michael Gomez on May 22, 2025, an 11-page Exhibit A and clerk certification dated May 23, certified document 120719480 for 31 underlying pages. The April 1 filing stamp on its first page is separate from the May 22 judicial signature and August 4 federal filing.supportsThe order recites Cyberlux Corporation and Mark D. Schmidt’s challenge to the May 22 receiver appointment and June 12 oral denial of an emergency stay. It attributes alleged judgment satisfaction, operational difficulty and Schmidt’s asserted improper inclusion to the relators; it does not find those contentions true.
May22 receiver appointment is the challenged instrument identified by the June24 appellate order; no inference challenge succeeded.
The entity-control provisions vest debtor management authority in the receiver, superseding officers, directors and managers. Sole-owned entities and individual ownership interests are addressed separately. The order asserts first-receivership control and restricts litigation against the receiver or his firm outside this court. These provisions must be compared with later modifications rather than treated as timeless authority.qualifiesThe form would grant turnover against Cyberlux but deny it against Schmidt; it recites original award components, credits and an October31,2024 remaining amount$848,363.37, and appoint Berleth subject to$2,000 bond. These are proposed findings, not established ledger balances or an effective appointment in this copy.
Original signed order covers both debtors and broad control; source68 is an unsigned proposed Cyberlux-only narrowing, not proof this instrument was replaced.
Claimants state Berleth used receiver authority to compromise the stock claim at $6 million plus fees and costs, and report a December 18, 2025 consent judgment and later reaffirmation. They describe consent-order validation of settlement and recording of receiver authority. Those orders and agreements are cited but not reproduced here.supportsThe possession and access provisions encompass nonexempt property, IP, records, accounts, contract rights and receivables. They permit access to premises, changing locks, reasonable destructive entry and property surveillance, and disabling or removing property. The same text disclaims specified maintenance, insurance, lease and tax duties unless specifically ordered. Authority to act does not establish an actual entry, seizure or ownership determination.
Order includes causes-of-action control; that text alone does not validate this particular compromise or later judgment.
The motion asserts entitlement to a presumptive33% fee on the total amount collected, yet proposed $765,113.62 is approximately24.812% of the $3,083,639.75 recovered.33% of that total would be $1,017,601.12 rounded. No alternative denominator or calculation explains the difference. This is a reconciliation gap, not proof of overcharging.qualifiesThe fee clause states 25% of asset sales, recoveries and judgment credits, with hearing and proof language referring to Rohrmoos. More than 25% may be awarded after notice and opportunity for hearing; 33% is described as a possible award on full collection. A bankruptcy clause specifies 25% of debt and a secured-claim condition. These terms do not establish an actual fee calculation or payment.
Signed order describes potential33% award after conditions; motion asserts presumptive entitlement but fee denominator remains unexplained.
The receiver may assume nonexemption pending a sufficiently specific claim; objections to that assumption are specified within 21 days of collection. The order separately requires Rule 679b compliance and no creditor disbursement or sale within 14 days after protected-property notice, or 17 days if mailed. An asserted exemption requires debtor consent or court order before disbursement or sale. Disputed title or exemption remains for court determination.supportsThis instrument gives a reader the original receiver authority and its internal conditions, enabling later conduct to be tested against both powers and procedural gates. It cannot substitute for subsequent modifications, specific asset ownership, notice, objections or performance records.
Specifically named source propositions support the bounded distinction or question.
Debtors are directed to deliver records within ten days, disclose assets, supplement within five days, turn over nonexempt funds needed for satisfaction, and supply account credentials; prior written consent is required for nonexempt spending or transfers. A debtor disputing a demand is directed to comply first and seek court protection. Third parties with notice must avoid interference and deliver property within ten working days of demand; identifying advising counsel expressly does not waive privilege.supportsWhich later orders, oath, service records, protected-property notices, objections, inventories and accountings establish the authority actually exercised and its limits at each event?
Specifically named source propositions support the bounded distinction or question.
The 33-page federal Exhibit 8 comprises a divider, a 20-page order signed by Michael Gomez on May 22, 2025, an 11-page Exhibit A and clerk certification dated May 23, certified document 120719480 for 31 underlying pages. The April 1 filing stamp on its first page is separate from the May 22 judicial signature and August 4 federal filing.supportsWhat does this exhibit establish about receiver authority?
Specifically named source propositions support the bounded distinction or question.
The final schedule requests corporate, LLC and limited-partnership governance, ownership ledgers, contributions, financial statements, accounts and tax records, with some tax lookbacks extending six years beyond the general three-year period. It ends on underlying page 31; no debtor response, oath, inventory, sale record or subsequent modification is included.supportsNo oath, debtor production, inventory, fee-hearing record, final accounting or later modification is supplied with this certified order and schedule.
Specifically named source propositions support the bounded distinction or question.
Real-property sales require individual orders after notice and hearing. Order/bond objections are prescribed within twenty days of notice; report objections within twenty days with grounds and evidence, otherwise reports are stated to become admitted facts and conclusions subject to court review. Sale/abandonment notice is required at least ten days before abandonment; objections within five days prevent completion until decided. These separate gates must not be collapsed into unrestricted sale authority.supportsWhich later orders, oath, service records, protected-property notices, objections, inventories and accountings establish the authority actually exercised and its limits at each event?
Specifically named source propositions support the bounded distinction or question.
Separate provisions cap retained counsel at $300 per hour, prescribe a presumptive $5,000 or proven motion-defence fees, $15,000 intermediate-appeal bond and an additional $25,000 Supreme Court bond subject to prevailing-party proof, and award $1,750 for obtaining this order. The receiver must file a final accounting and closure motion; unsuccessful reasonable collection triggers a specified $1,500 creditor reimbursement plus expenses upon closure. No accounting or fee hearing record is attached.supportsNo oath, debtor production, inventory, fee-hearing record, final accounting or later modification is supplied with this certified order and schedule.
Specifically named source propositions support the bounded distinction or question.
The order finds unsatisfied judgments and turnover requirements met, invokes custody of law over nonexempt property, asserts a judicial lien and prohibits unauthorised transfers. It appoints Berleth after oath without bond and subjects him to court control. These are the order’s findings and commands, not proof every asset actually belonged to either debtor.supportsNo oath, debtor production, inventory, fee-hearing record, final accounting or later modification is supplied with this certified order and schedule.
Specifically named source propositions support the bounded distinction or question.
The fee clause states 25% of asset sales, recoveries and judgment credits, with hearing and proof language referring to Rohrmoos. More than 25% may be awarded after notice and opportunity for hearing; 33% is described as a possible award on full collection. A bankruptcy clause specifies 25% of debt and a secured-claim condition. These terms do not establish an actual fee calculation or payment.supportsThis instrument gives a reader the original receiver authority and its internal conditions, enabling later conduct to be tested against both powers and procedural gates. It cannot substitute for subsequent modifications, specific asset ownership, notice, objections or performance records.
Specifically named source propositions support the bounded distinction or question.
Real-property sales require individual orders after notice and hearing. Order/bond objections are prescribed within twenty days of notice; report objections within twenty days with grounds and evidence, otherwise reports are stated to become admitted facts and conclusions subject to court review. Sale/abandonment notice is required at least ten days before abandonment; objections within five days prevent completion until decided. These separate gates must not be collapsed into unrestricted sale authority.supportsThis instrument gives a reader the original receiver authority and its internal conditions, enabling later conduct to be tested against both powers and procedural gates. It cannot substitute for subsequent modifications, specific asset ownership, notice, objections or performance records.
Specifically named source propositions support the bounded distinction or question.
Separate provisions cap retained counsel at $300 per hour, prescribe a presumptive $5,000 or proven motion-defence fees, $15,000 intermediate-appeal bond and an additional $25,000 Supreme Court bond subject to prevailing-party proof, and award $1,750 for obtaining this order. The receiver must file a final accounting and closure motion; unsuccessful reasonable collection triggers a specified $1,500 creditor reimbursement plus expenses upon closure. No accounting or fee hearing record is attached.supportsWhat does this exhibit establish about receiver authority?
Specifically named source propositions support the bounded distinction or question.
The order finds unsatisfied judgments and turnover requirements met, invokes custody of law over nonexempt property, asserts a judicial lien and prohibits unauthorised transfers. It appoints Berleth after oath without bond and subjects him to court control. These are the order’s findings and commands, not proof every asset actually belonged to either debtor.supportsWhat does this exhibit establish about receiver authority?
Specifically named source propositions support the bounded distinction or question.
The entity-control provisions vest debtor management authority in the receiver, superseding officers, directors and managers. Sole-owned entities and individual ownership interests are addressed separately. The order asserts first-receivership control and restricts litigation against the receiver or his firm outside this court. These provisions must be compared with later modifications rather than treated as timeless authority.supportsWhat does this exhibit establish about receiver authority?
Specifically named source propositions support the bounded distinction or question.
The receiver may assume nonexemption pending a sufficiently specific claim; objections to that assumption are specified within 21 days of collection. The order separately requires Rule 679b compliance and no creditor disbursement or sale within 14 days after protected-property notice, or 17 days if mailed. An asserted exemption requires debtor consent or court order before disbursement or sale. Disputed title or exemption remains for court determination.supportsWhich later orders, oath, service records, protected-property notices, objections, inventories and accountings establish the authority actually exercised and its limits at each event?
Specifically named source propositions support the bounded distinction or question.
Real-property sales require individual orders after notice and hearing. Order/bond objections are prescribed within twenty days of notice; report objections within twenty days with grounds and evidence, otherwise reports are stated to become admitted facts and conclusions subject to court review. Sale/abandonment notice is required at least ten days before abandonment; objections within five days prevent completion until decided. These separate gates must not be collapsed into unrestricted sale authority.supportsWhat does this exhibit establish about receiver authority?
Specifically named source propositions support the bounded distinction or question.
The receiver may assume nonexemption pending a sufficiently specific claim; objections to that assumption are specified within 21 days of collection. The order separately requires Rule 679b compliance and no creditor disbursement or sale within 14 days after protected-property notice, or 17 days if mailed. An asserted exemption requires debtor consent or court order before disbursement or sale. Disputed title or exemption remains for court determination.supportsWhat does this exhibit establish about receiver authority?
Specifically named source propositions support the bounded distinction or question.
The fee clause states 25% of asset sales, recoveries and judgment credits, with hearing and proof language referring to Rohrmoos. More than 25% may be awarded after notice and opportunity for hearing; 33% is described as a possible award on full collection. A bankruptcy clause specifies 25% of debt and a secured-claim condition. These terms do not establish an actual fee calculation or payment.supportsWhat does this exhibit establish about receiver authority?
Specifically named source propositions support the bounded distinction or question.
The order finds unsatisfied judgments and turnover requirements met, invokes custody of law over nonexempt property, asserts a judicial lien and prohibits unauthorised transfers. It appoints Berleth after oath without bond and subjects him to court control. These are the order’s findings and commands, not proof every asset actually belonged to either debtor.supportsThis instrument gives a reader the original receiver authority and its internal conditions, enabling later conduct to be tested against both powers and procedural gates. It cannot substitute for subsequent modifications, specific asset ownership, notice, objections or performance records.
Specifically named source propositions support the bounded distinction or question.
Separate provisions cap retained counsel at $300 per hour, prescribe a presumptive $5,000 or proven motion-defence fees, $15,000 intermediate-appeal bond and an additional $25,000 Supreme Court bond subject to prevailing-party proof, and award $1,750 for obtaining this order. The receiver must file a final accounting and closure motion; unsuccessful reasonable collection triggers a specified $1,500 creditor reimbursement plus expenses upon closure. No accounting or fee hearing record is attached.supportsWhich later orders, oath, service records, protected-property notices, objections, inventories and accountings establish the authority actually exercised and its limits at each event?
Specifically named source propositions support the bounded distinction or question.
The entity-control provisions vest debtor management authority in the receiver, superseding officers, directors and managers. Sole-owned entities and individual ownership interests are addressed separately. The order asserts first-receivership control and restricts litigation against the receiver or his firm outside this court. These provisions must be compared with later modifications rather than treated as timeless authority.supportsThis instrument gives a reader the original receiver authority and its internal conditions, enabling later conduct to be tested against both powers and procedural gates. It cannot substitute for subsequent modifications, specific asset ownership, notice, objections or performance records.
Specifically named source propositions support the bounded distinction or question.
The order finds unsatisfied judgments and turnover requirements met, invokes custody of law over nonexempt property, asserts a judicial lien and prohibits unauthorised transfers. It appoints Berleth after oath without bond and subjects him to court control. These are the order’s findings and commands, not proof every asset actually belonged to either debtor.supportsWhich later orders, oath, service records, protected-property notices, objections, inventories and accountings establish the authority actually exercised and its limits at each event?
Specifically named source propositions support the bounded distinction or question.
The final schedule requests corporate, LLC and limited-partnership governance, ownership ledgers, contributions, financial statements, accounts and tax records, with some tax lookbacks extending six years beyond the general three-year period. It ends on underlying page 31; no debtor response, oath, inventory, sale record or subsequent modification is included.supportsWhich later orders, oath, service records, protected-property notices, objections, inventories and accountings establish the authority actually exercised and its limits at each event?
Specifically named source propositions support the bounded distinction or question.
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.