The evidence/CXF-S-6FB83E45D7DA

Context source · CXF-S-6FB83E45D7DA

June 9 Payne hearing — tender, wiring dispute and conditional receiver termination

Original sourceCertified reporter transcript of adversarial counsel argument and judicial management; no bank transfer evidence or subsequent termination order.
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quotationattribution

Berleth acknowledges the other judgments he invokes have not yet been filed for local enforcement.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 20 final payment on that contract of about $25 million . That should be coming in in the next 10 to 14 days, somewhere in that timeframe , from HII. The receiver 's problem is, is while it's certainly the $2.1 million collection that was initially started on, there are at least four other federal and state final judgments , formal UCCs out there against Cyber lux, and at least another seven more pending litigation s. And what Cyber lux is trying to do is get a little bit of money , get out from under the receivership , take the $25 million and abscond . They haven 't made payroll yet, Judge . And so, if nobody else needs to be protected , it's the employees of Cyber lux, who weren 't paid even before the receivership and weren 't paid by payroll during the receiver ship. We must protect -- I mean, obviously , these litigation s are not from a debtor that likes to pay their bills . These are litigation s that are ongoing because they don't pay their bills . And if we give Cyber lux the $25 million , they have a history of not paying their bills , and we must pay those . The Court can -- as you said, you've read these , the argument s and authorities . The Court must give credence to other court orders , specifically , the U.S. Constitution . UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

This is Volume1 of3 of the June9,2025 motion-to-stay hearing before Judge Latosha Lewis Payne, Harris County55th District Court, Cause2024-4

This is Volume1 of3 of the June9,2025 motion-to-stay hearing before Judge Latosha Lewis Payne, Harris County55th District Court, Cause2024-48085. Reporter Tamika T.Bartee certifies the requested proceedings June14. Transcript pages1–40 plus concordance are supplied; volumes2–3 and underlying exhibits are not.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 1 REPORTER 'S RECORD VOLUME 1 OF 3 VOLUMES TRIAL COURT CAUSE NO. 2024-48085 ATLANTIC WAVE HOLDINGS ,LLC and SECURE COMMUNITY , LLC Plaintiff /Judgment Creditor VS. CYBERLUX CORPORATION and MARK D. SCHMIDT , Individually Defendant /Judgment Debtors ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE DISTRICT COURT OF HARRIS COUNTY , TEXAS 55th JUDICIAL DISTRICT ------------------------------ MOTION TO STAY ------------------------------ On the 9th day of June, 2025, the following proceedings came on to be heard in the above -entitled and numbered cause before the Honorable Latosha Lewis Payne , Judge presiding , held in Houston , Harris County , Texas ; Proceedings reported by machine shorthand . Tamika T. Bartee , B.C.R.,RPR, CSR #12593 Official Court Reporter Harris County , Texas UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Payne relies on Berleth’s stated next step after payment and says other enforcement proceedings have not yet been brought within local juris

Payne relies on Berleth’s stated next step after payment and says other enforcement proceedings have not yet been brought within local jurisdiction; she declines a prospective ruling on what may happen with other judgments. This is a case-specific hearing exchange, not blanket adjudication that no other creditor can ever recover.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 32 THE COURT : I'm not asking -- I am asking you a different question . I am not asking you what you're asking me. I'm asking you, if the 3.094 is sent over and that's the amount , are you paying that amount ? Because before , a few minutes ago, you were sort of disputing what the amount was. MR. PENNETTI : So what I was trying to point out, Judge , is that the amount is in dispute now that that amount will not be paid. So unless Legalist has changed their position , and they no longer want to issue a protective advance , and Mr. Berleth can speak to that. That amount -- the amount that Mr. Berleth just stated on the record , what I believe that would be paid today , and I'm just simply asking that the Court rule, once that's paid, that Mr. Berleth doesn 't have authority to go out and sell the Cyber lux subsidiary , he doesn 't have authority to go seize the $25 million payment or try to get HII to wire him money instead of wiring it to Cyberlux . That's what I am asking . THE COURT : Well, I think Mr. Berleth has made the representation on the record to the Court that should that amount be paid, the next action he will take will not be to go and scour the Earth for this extra $25 million or for other judgment s that neither -- no court in Harris County has jurisdiction over at this UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Priddy represents about$2.755million already sits in his firm’s trust account from Legalist, expects interest in funding the increased amoun

Priddy represents about$2.755million already sits in his firm’s trust account from Legalist, expects interest in funding the increased amount, and asks24hours for client-to-firm and firm-to-receiver wires. Funds held by lender counsel are distinct from funds paid to the receiver; the additional advance remains conditional on client coordination.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 34 None of that has happened . The Court hasn't -- it hasn't been attracted back to the 129th. Nobody knows even if they are filed , whether they're going to come to the 129th. There might be a whole different Court that has jurisdiction over those enforcement matters and over those judgments . So I think that's not anything that I can make a ruling on in terms of those other judgment s that may or may not be filed for enforcement here. You can certainly take care of those other judgment s before an enforcement action is even filed here. So I am not going to make a ruling on what he can do about these other things that many things can happen differently , okay. MR. PRIDDY : Judge Payne , this is Austin Priddy for Legalist . I just want to very quickly say for the record , we have in my law firm's trust account about 2.755 million that Legalist previously transferred to us based on the understanding that amount was needed to satisfy the judgment . Based on the representation s made today , I understand that number is now a little south of 3.1 million . We will relay that to our client today . I have every reason to think they're going to be interested in tendering that full amount . I would ask, because of the nature of trying to coordinate payment s UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Payne continues the matter to Wednesday8:30 for payment status and possible termination steps. Asked for a stay, she says she will trust rep

Payne continues the matter to Wednesday8:30 for payment status and possible termination steps. Asked for a stay, she says she will trust representations that the receiver will await payment; Berleth says goods have shipped and he is awaiting Legalist or HII payment. No separate signed stay or termination order appears here.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 35 and multiple wires , a wire from Legalist to my firm, and then a wire from my firm to Mr. Berleth , we would intend to make that payment today , if you can. It may need to be tomorrow , just to give us that extra day to get the funds in from Legalist and then transferred to Mr. Berleth . And again , from my perspective , like Mr. Penentti said, this doesn 't change anything because if the amount is ultimately not tendered , Mr. Berleth can carry on. All I am asking for is an additional 24 hours to tender that payment so that we have time to coordinate with our client . THE COURT : Okay. So, what I will do is, I will leave this matter open. We will continue it to Wednesday -- I don't know. I don't know if Gomez will be back. We will continue it to Wednesday at 8:30 and then the parties will give a report to the Court on where we are, what the status is of the payment and then what the Court would need to do about the termination of the receiver . MR. PENNETTI : And, Judge , with that in mind, can we have a stay until Wednesday morning at 8:30? THE COURT : I am going to trust counsel 's representation s that this is where -- that he's not UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Walton rejects any stipulation that only$912,000 is owed, emphasising the May15 wording at minimum and claimed fees over$592,000. He says ap

Walton rejects any stipulation that only$912,000 is owed, emphasising the May15 wording at minimum and claimed fees over$592,000. He says approximately$3.094million should cover the Virginia judgment being enforced, while preserving other claims including approximately$6.7million. Pennetti maintains the need for credits and offsets. The exchange does not reconcile the ultimate judgment balance.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 36 going to do anything . He's going to await your payment until Wednesday . MR. BERLETH : There 's nothing to do, Judge . THE COURT : Yeah. MR. BERLETH : I mean, the facility is -- all the stuff has been shipped . Really , the only thing to do is to either await payment from Legalist or await payment from HII. That's all I am doing . So their idea that I am somehow going out and, you know, flipping mattress cushions , there 's nothing to do at this point . THE COURT : Okay. So I'm going to -- MR. WALTON : And, Your Honor , David Walton for Atlantic Wave. If I can just touch on one point briefly , understanding that the Court 's instructions on this matter -- in Cyber lux' motions , they misrepresent that Atlantic Wave has stipulated to the amount due and owed to Atlantic Wave under the judgment by mischaracterizing statement s in our letter of May 15th. Simply put, there 's been no such stipulation . That is a complete misrepresentation of that letter , and Atlantic Wave objects to any conclusory statement to the contrary made by Cyberlux . I just put that out there on the record because we are talking about in these motions an amount that are to be paid through this wire payment , and the UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

When Berleth asks to admit exhibits1–12, Payne says she will take into consideration exhibits attached to either motion or response and cont

When Berleth asks to admit exhibits1–12, Payne says she will take into consideration exhibits attached to either motion or response and continues the hearing. The reporter certifies the volume, leaving transcription cost and payer blank. Underlying exhibit truth is not established merely by the certified transcript.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 39 MR. WALTON : Counsel 's perception is not a stipulation and that's my point . He is misrepresenting to this Court that a stipulation was made and there has been no such stipulation . THE COURT : Okay. We are all at that point to where -- Go ahead . MR. BERLETH : Your Honor , just real quick , I want to admit Exhibits 1 through 12 for the receiver . THE COURT : Exhibits 1 through 12? MR. BERLETH : Yes. They were attached to my response . THE COURT : Okay. I am going to take under consideration any exhibits attached to either the motion or the response . MR. BERLETH : We'll continue to Wednesday . THE COURT : Okay. All right . So we'll continue to Wednesday at 8:30 by Zoom, and then we'll see if the amount that's owed has been paid. Okay. Thank you. You are excused . Have a wonderful week. - - - - - - - UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Pennetti argues the Chapter31 receiver is limited to the domesticated judgment and should stop after sufficient tender; seeks registry payme

Pennetti argues the Chapter31 receiver is limited to the domesticated judgment and should stop after sufficient tender; seeks registry payment, satisfaction and retroactive removal of Schmidt from the turnover order. He describes going-concern operations and subsidiary-sale risk but expressly lacks clarity about which subsidiary owns which contracts. These are counsel arguments, not adjudicated operational facts.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 8 hearing on judgment debtor 's motion to stay and motion to modify and correct . I'll address the motion to stay first . Essentially , in terms of background , this is a foreign judgment domestication action brought by Mr. Walton 's client s, the judgment creditors . This arose from a settlement agreement in Virginia . As part of that settlement , there is a consent judgment entered that's being enforced here. Cyber lux continue s to operate as a going concern as a defense contractor as a wholly -owned subsidiary . It's my understanding there are several active contracts . I'll talk about one contract that's recently completed a little bit. But I just wanted to let you know that Cyber lux is not winding up business or anything like that; it's continuing to operate as a going concern . And that's particularly important because this is a receivership under Chapter 31, so a post-judgment receivership under 31.002(b)(3). And, Judge , do you mind if I share my screen ? THE COURT : Sure. MR. PENNETTI : And so, I'll share the statute with you here, 31.002(b)(3), and the highlighted portion is what I'm looking at. And the Court 's UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Pennetti says $2.755million was tendered to cover the judgment, interest, receiver allowance and $21,677 remand fees; he disputes the turnov

Pennetti says $2.755million was tendered to cover the judgment, interest, receiver allowance and $21,677 remand fees; he disputes the turnover amount around$2.11million against the May15 letter’s minimum$912,000. His rounded components do not supply a reconciled ledger or proof receiver receipt.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 10 counsel for Legalist , he was on that call; he's present here today . And I won't speak for him, but Legalist is a lending partner of Cyberlux Corporation ; it has an existing credit agreement with Cyber lux. And under that credit agreement , it's my understanding -- Legalist 's counsel may correct me -- Legalist is allowed to make protective advances under the credit agreement . In other words , Legalist can pay money on the judgment without our consent . So they don't need my permission or anything like that. They can just pay these funds to protect their collateral . And that's what Legal ist attempted to do in this case. So on Thursday , the call I mentioned I had with the receiver , Legalist 's counsel and myself , Legalist 's counsel and I, on behalf of Cyberlux , tendered funds sufficient to satisfy the judgment , sufficient to pay an award of attorney s' fees to Atlantic Wave, and sufficient to pay the receiver 's fee in this case. So we tender ed $2.755 million . The 2.1 for the judgment , interest on the judgment ; $546,000 to cover the receiver 's fee. Now the receiver 's fee, of course , Judge , has to be determined by the Court after reviewing the receiver 's accounting . But out of an abundance of caution , we tendered 25 percent on the UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Pennetti describes government convenience termination, February final-payment negotiations, May delivery instructions, joint inspection and

Pennetti describes government convenience termination, February final-payment negotiations, May delivery instructions, joint inspection and shipment, anticipating roughly$25million less unknown offsets. Berleth also anticipates approximately$25million within10–14days. Neither statement proves the net entitlement, acceptance or payment actually received.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 11 judgment amount to make sure the receiver 's fee would be fully covered . We also tendered $21,677 representing the attorney 's fees award Mr. Walton won on a remand issue , which was discussed in the receiver 's response . So it's our position it's not germane to this hearing . But essentially , during that call, it was about a half hour long. And at the end of the call with the receiver , we asked for and the receiver agreed to provide his wiring instruction s. The turnover order requires us to pay the receiver directly . There is no language about depositing funds to the court registry , which I spoke with the court 's accounting personnel myself and they told me that if we paid funds to the court's registry , it would be rejected without express language in the order allowing us to do so. So the receiver hasn't given us any payment instructions . And after our Thursday call, it's my understanding , what I've learned is the receiver is currently engaging with third parties , and I understand soliciting bids to try to sell Cyberlux , the subsidiary . The receiver is currently coordinating with HII Mission Technologies to try to obtain and collect $25 million receivable that is going to be paid to Cyber lux. And so, essentially , we're offering payment for the full amount of the judgment and the receiver 's UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Pennetti disputes lack of hearing notice, showing a service list covering four receiver employees and a courtesy email to Berleth and counse

Pennetti disputes lack of hearing notice, showing a service list covering four receiver employees and a courtesy email to Berleth and counsel. He acknowledges Berleth himself does not appear on the service list. The screen-shared records are not attached in this volume.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 16 by HII. And so the receiver 's solicitation of bids has concern ed a variety of business stakeholders in the company and business partners outside the company . So there is a significant risk if the receiver continues to act, it's going to destroy the business . I am not sure how urgent that is at this point , but if the receiver continues to take these actions that are outside it's authority , it will destroy the business . The receiver -- the last thing I'll address . The receiver claims I didn't provide notice to him of this hearing , so I'll share a couple of notifications , as well as the e-mail I sent him. He says he didn't get notice of this hearing through the e-filing service and I didn't provide him a courtesy e-mail. Both of those are untrue. And I will share the -- my computer is freezing , I'm sorry . I'll show you the verification of service , first . Can you see this, Judge ? THE COURT : Yes. MR. PENNETTI : Okay. Here's the notice of hearing . I don't know why, but Mr. Berleth doesn 't appear to be on this. But he's got four employees ; there 's one lawyer , three paralegals . All four of them are here. Tristian Harris is the lawyer ; Martin , Davis and Jackson are the paralegal s, at least based on my UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Berleth argues other judgments, UCC interests, pending suits and unpaid payroll justify protecting the expected HII fund, alleging abscondin

Berleth argues other judgments, UCC interests, pending suits and unpaid payroll justify protecting the expected HII fund, alleging absconding risk. When Payne asks whether other judgments were filed for local enforcement, he first says he believes so, then expressly acknowledges the filings have not happened and the matters are not yet pending in Harris County.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 20 final payment on that contract of about $25 million . That should be coming in in the next 10 to 14 days, somewhere in that timeframe , from HII. The receiver 's problem is, is while it's certainly the $2.1 million collection that was initially started on, there are at least four other federal and state final judgments , formal UCCs out there against Cyber lux, and at least another seven more pending litigation s. And what Cyber lux is trying to do is get a little bit of money , get out from under the receivership , take the $25 million and abscond . They haven 't made payroll yet, Judge . And so, if nobody else needs to be protected , it's the employees of Cyber lux, who weren 't paid even before the receivership and weren 't paid by payroll during the receiver ship. We must protect -- I mean, obviously , these litigation s are not from a debtor that likes to pay their bills . These are litigation s that are ongoing because they don't pay their bills . And if we give Cyber lux the $25 million , they have a history of not paying their bills , and we must pay those . The Court can -- as you said, you've read these , the argument s and authorities . The Court must give credence to other court orders , specifically , the U.S. Constitution . UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Berleth states $3,094,660.81 would lead him to move to terminate and distribute funds, while court approval of fees and distribution remains

Berleth states $3,094,660.81 would lead him to move to terminate and distribute funds, while court approval of fees and distribution remains necessary. He says no funds were received. The judge’s spoken$3.9million slips are corrected on transcriptpage31 to$3.094million; they are not a separate ordered payoff amount.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 22 2024, right ? MR. BERLETH : I believe it was October of 2024, Your Honor . THE COURT : Is it October ? Okay. MR. BERLETH : It may be even before that. It may have been in July. THE COURT : And -- July 30th. At least it started the case. And the others that you're referring to are not yet pending before any court in Harris County ? MR. BERLETH : Not yet, Your Honor . That's why they're trying to do this as an emergency . It's to do it before the others can get their filings on file and let the 129th sort it all out. That's the exact point of this emergency , which it's not an emergency . There is no prejudice here. THE COURT : For the matter in this case, let's talk about that. How much is owed? MR. BERLETH : I have $3,094,660.81, which is at the top line of the demonstrative I've handed you up there . THE COURT : And have you been paid or offered to be paid that three million ? MR. BERLETH : I have not. THE COURT : So what is the disconnect UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Berleth says wiring instructions were sent and available on his website. Priddy says he has not seen them, identifies the website’s contact-

Berleth says wiring instructions were sent and available on his website. Priddy says he has not seen them, identifies the website’s contact-us requirement for routing details, and reports no instructions known Friday; he does not categorically prove none were sent later. Payne repeatedly asks when and to whom instructions were sent. The transcript contains no email delivery proof.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 24 they had lost their emergency stay and, in fact, had been ordered almost $10,000 in attorney s' fees to the defense against that emergency stay. THE COURT : Okay. I appreciate that. However , let's get back to my question , which is, what is the disconnect in this instance when they say -- basically you're saying he's incorrect in that he had -- I don't want to say -- MR. BERLETH : I don't have the money , Judge . THE COURT : You don't have the money ? He didn't offer you the money ? MR. BERLETH : They've asked me for the wiring instructions and I've sent them to Scott Prostoc , the counsel for Legalist . Legalist has to pay me directly ; it can't go through Cyberlux . I've offered them my wiring instructions . My wiring instructions are printed on my website , so... THE COURT : So you have wiring instructions . You've given them wiring instructions . You've received no funds ? MR. BERLETH : Correct . THE COURT : Okay. MR. BERLETH : It's not an emergency . THE COURT : And there 's an UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation

Berleth undertakes to provide instructions to counsel by noon June9 and resend them to Prostok by return-receipt-requested email. He says up

Berleth undertakes to provide instructions to counsel by noon June9 and resend them to Prostok by return-receipt-requested email. He says upon payment he will file a motion to terminate; termination and distribution await Judge Gomez’s approval. The undertaking does not establish subsequent performance.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 30 client and they asked if we were paying , and we told them at that time we did not receive wiring instruction s. THE COURT : Okay. And then, when did you send it? MR. BERLETH : I'll just make this real easy for the Court . I'll represent to the Court here on the record that they will have wiring instruction s to all counsel by noon today . THE COURT : Did you send -- when did you send it? MR. BERLETH : I sent it, I believe , Thursday afternoon or Friday morning last week. And then, over the weekend , I spoke with Legalist , and it's my understanding from my director -- THE COURT : To whom did you speak at Legalist ? MR. BERLETH : I spoke with their director of investment s and they are -- they want their money and they want to be paid out of this 25 million . And so, that's where -- that's where we left it. They're going to contact again , today . This case has been very rapidly evolving over the past week and I think everybody needs to take a deep breath , stop with the emergency motion s. If they want to wire me the money by UnofficialCopyOfficeofMarilynBurgessDistrictClerk
otherattribution

Berleth will provide counsel wiring instructions and resend to Prostok with return receipt requested.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 30 client and they asked if we were paying , and we told them at that time we did not receive wiring instruction s. THE COURT : Okay. And then, when did you send it? MR. BERLETH : I'll just make this real easy for the Court . I'll represent to the Court here on the record that they will have wiring instruction s to all counsel by noon today . THE COURT : Did you send -- when did you send it? MR. BERLETH : I sent it, I believe , Thursday afternoon or Friday morning last week. And then, over the weekend , I spoke with Legalist , and it's my understanding from my director -- THE COURT : To whom did you speak at Legalist ? MR. BERLETH : I spoke with their director of investment s and they are -- they want their money and they want to be paid out of this 25 million . And so, that's where -- that's where we left it. They're going to contact again , today . This case has been very rapidly evolving over the past week and I think everybody needs to take a deep breath , stop with the emergency motion s. If they want to wire me the money by UnofficialCopyOfficeofMarilynBurgessDistrictClerk
otherattribution

Berleth will move to terminate receivership and distribute funds after the stated payoff is received.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 30 client and they asked if we were paying , and we told them at that time we did not receive wiring instruction s. THE COURT : Okay. And then, when did you send it? MR. BERLETH : I'll just make this real easy for the Court . I'll represent to the Court here on the record that they will have wiring instruction s to all counsel by noon today . THE COURT : Did you send -- when did you send it? MR. BERLETH : I sent it, I believe , Thursday afternoon or Friday morning last week. And then, over the weekend , I spoke with Legalist , and it's my understanding from my director -- THE COURT : To whom did you speak at Legalist ? MR. BERLETH : I spoke with their director of investment s and they are -- they want their money and they want to be paid out of this 25 million . And so, that's where -- that's where we left it. They're going to contact again , today . This case has been very rapidly evolving over the past week and I think everybody needs to take a deep breath , stop with the emergency motion s. If they want to wire me the money by UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation

Latosha Lewis Payne

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 1 REPORTER 'S RECORD VOLUME 1 OF 3 VOLUMES TRIAL COURT CAUSE NO. 2024-48085 ATLANTIC WAVE HOLDINGS ,LLC and SECURE COMMUNITY , LLC Plaintiff /Judgment Creditor VS. CYBERLUX CORPORATION and MARK D. SCHMIDT , Individually Defendant /Judgment Debtors ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE DISTRICT COURT OF HARRIS COUNTY , TEXAS 55th JUDICIAL DISTRICT ------------------------------ MOTION TO STAY ------------------------------ On the 9th day of June, 2025, the following proceedings came on to be heard in the above -entitled and numbered cause before the Honorable Latosha Lewis Payne , Judge presiding , held in Houston , Harris County , Texas ; Proceedings reported by machine shorthand . Tamika T. Bartee , B.C.R.,RPR, CSR #12593 Official Court Reporter Harris County , Texas UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation

Robert W. Berleth

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 3 A P P E A R A N C E S APPOINTED RECEIVER : Mr. Robert W. Berleth State Bar No. 24091860 BERLETH & ASSOCIATES 9950 Cypresswood , Suite 200 Houston , TX 77070 E-mail: rberleth @berlethlaw .com COUNSEL FOR THE RECEIVER : Mr. Derek Loetzerich State Bar No. 24102105 THE LAW OFFICE OF DEREK LOETZERICH P.O. Box 542069 Houston , TX 77254 E-mail: derek @loetzerichlaw .com COUNSEL FOR THE PLAINTIFFS ATLANTIC WAVE AND SECURE COMMUNITY : Mr. David Walton State Bar No. 24042120 BELL NUNNALLY 2323 Ross Avenue , Suite 1900 Dallas , TX 75201 E-mail: dwalton @bellnunnally .com FOR THE DEFENDANTS CYBERLUX CORPORATION AND MARK D. SCHMIDT : Mr. Alexander J. Pennetti State Bar No. 24110208 Mr. Douglas Lang State Bar No. 11895500 THOMPSON COBURN LLP 2100 Ross Avenue , Suite 3200 Dallas , TX 75201 E-mail: apennetti @thompsoncoburn .com E-mail: dlang @thompsoncoburn .com Also Present : Mr. Chuck Watts , Special Counsel , Cyberlux Mr. Jimmy Robinson , Counsel , Virginia Litigation UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation

Alexander J. Pennetti

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 3 A P P E A R A N C E S APPOINTED RECEIVER : Mr. Robert W. Berleth State Bar No. 24091860 BERLETH & ASSOCIATES 9950 Cypresswood , Suite 200 Houston , TX 77070 E-mail: rberleth @berlethlaw .com COUNSEL FOR THE RECEIVER : Mr. Derek Loetzerich State Bar No. 24102105 THE LAW OFFICE OF DEREK LOETZERICH P.O. Box 542069 Houston , TX 77254 E-mail: derek @loetzerichlaw .com COUNSEL FOR THE PLAINTIFFS ATLANTIC WAVE AND SECURE COMMUNITY : Mr. David Walton State Bar No. 24042120 BELL NUNNALLY 2323 Ross Avenue , Suite 1900 Dallas , TX 75201 E-mail: dwalton @bellnunnally .com FOR THE DEFENDANTS CYBERLUX CORPORATION AND MARK D. SCHMIDT : Mr. Alexander J. Pennetti State Bar No. 24110208 Mr. Douglas Lang State Bar No. 11895500 THOMPSON COBURN LLP 2100 Ross Avenue , Suite 3200 Dallas , TX 75201 E-mail: apennetti @thompsoncoburn .com E-mail: dlang @thompsoncoburn .com Also Present : Mr. Chuck Watts , Special Counsel , Cyberlux Mr. Jimmy Robinson , Counsel , Virginia Litigation UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation

David Walton

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 3 A P P E A R A N C E S APPOINTED RECEIVER : Mr. Robert W. Berleth State Bar No. 24091860 BERLETH & ASSOCIATES 9950 Cypresswood , Suite 200 Houston , TX 77070 E-mail: rberleth @berlethlaw .com COUNSEL FOR THE RECEIVER : Mr. Derek Loetzerich State Bar No. 24102105 THE LAW OFFICE OF DEREK LOETZERICH P.O. Box 542069 Houston , TX 77254 E-mail: derek @loetzerichlaw .com COUNSEL FOR THE PLAINTIFFS ATLANTIC WAVE AND SECURE COMMUNITY : Mr. David Walton State Bar No. 24042120 BELL NUNNALLY 2323 Ross Avenue , Suite 1900 Dallas , TX 75201 E-mail: dwalton @bellnunnally .com FOR THE DEFENDANTS CYBERLUX CORPORATION AND MARK D. SCHMIDT : Mr. Alexander J. Pennetti State Bar No. 24110208 Mr. Douglas Lang State Bar No. 11895500 THOMPSON COBURN LLP 2100 Ross Avenue , Suite 3200 Dallas , TX 75201 E-mail: apennetti @thompsoncoburn .com E-mail: dlang @thompsoncoburn .com Also Present : Mr. Chuck Watts , Special Counsel , Cyberlux Mr. Jimmy Robinson , Counsel , Virginia Litigation UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation

Austin Priddy

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 4 A P P E A R A N C E S COUNSEL FOR LEGALIST Mr. Austin Priddy State Bar No. 24098284 VARTABEDIAN HESTER & HAYNES LLP 301 Commerce Street , Ste. 3635 Fort Worth , TX 76102 -4143 E-mail: austin .priddy @vhh.law UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation

Tamika T. Bartee

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 40 REPORTER 'S CERTIFICATE THE STATE OF TEXAS ) COUNTY OF HARRIS ) I, Tamika T. Bartee , Official Court Reporter in and for the 55th District Court , Harris County , State of Texas , do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter 's Record , Volume 1, in the above -styled and numbered cause , all of which occurred in open court or in chambers and were reported by me. I further certify that this Reporter 's Record , Volume 1 of the proceedings truly and correctly references the exhibits , if any, admitted by the respective parties . I further certify that the total cost for the preparation of this Reporter 's Record is $__________ and was paid by ___________________. WITNESS MY OFFICIAL HAND this the 14th day of June, 2025. /s/Tamika T. Bartee Tamika T. Bartee , Texas CSR 12593 Expiration Date: 01/31/26 Official Court Reporter 55th Judicial District Court Harris County , Texas UnofficialCopyOfficeofMarilynBurgessDistrictClerk
inferenceinference

The hearing turns on the gap between proposed protective funding and money actually received, then on conditional termination subject to jud

The hearing turns on the gap between proposed protective funding and money actually received, then on conditional termination subject to judicial approval. It does not itself prove payment or terminate the receiver.

omissiongap

The underlying exhibits, wiring emails, bank receipts, later hearing volumes and signed termination disposition are absent from this volume.

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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 Tamika T. Bartee, Official Court Reporter, CSR #12593 55th Judicial District Court, Harris County, Texas 1 REPORTER 'S RECORD VOLUME 1 OF 3 VOLUMES TRIAL COURT CAUSE NO. 2024-48085 ATLANTIC WAVE HOLDINGS ,LLC and SECURE COMMUNITY , LLC Plaintiff /Judgment Creditor VS. CYBERLUX CORPORATION and MARK D. SCHMIDT , Individually Defendant /Judgment Debtors ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE DISTRICT COURT OF HARRIS COUNTY , TEXAS 55th JUDICIAL DISTRICT ------------------------------ MOTION TO STAY ------------------------------ On the 9th day of June, 2025, the following proceedings came on to be heard in the above -entitled and numbered cause before the Honorable Latosha Lewis Payne , Judge presiding , held in Houston , Harris County , Texas ; Proceedings reported by machine shorthand . Tamika T. Bartee , B.C.R.,RPR, CSR #12593 Official Court Reporter Harris County , Texas UnofficialCopyOfficeofMarilynBurgessDistrictClerk
otherattribution

Complete supplied 48-page source reviewed at SHA-256 6fb83e45d7da7565f006f99e8dc09308cd3105e8ebd0e42876cfe94e5bcf7548. Source assertions, or

Complete supplied 48-page source reviewed at SHA-256 6fb83e45d7da7565f006f99e8dc09308cd3105e8ebd0e42876cfe94e5bcf7548. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Exact version_e658666daa4240b096e6c8a0370bcf86; SHA256 6fb83e45d7da7565f006f99e8dc09308cd3105e8ebd0e42876cfe94e5bcf7548. All48pages read including concordance; material speaker,amountcorrection,undertaking,continuance and certificate pages visually checked. PDFpage is transcriptpage+1 for pages2–41. Original extraction retained.

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EXHIBIT 3 UnofficialCopyOfficeofMarilynBurgessDistrictClerk
questionquestion

When were complete wiring instructions delivered, what amount reached the receiver, and what later order governed fees, distribution and ter

When were complete wiring instructions delivered, what amount reached the receiver, and what later order governed fees, distribution and termination?

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 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.supportsPennetti argues the Chapter31 receiver is limited to the domesticated judgment and should stop after sufficient tender; seeks registry payment, satisfaction and retroactive removal of Schmidt from the turnover order. He describes going-concern operations and subsidiary-sale risk but expressly lacks clarity about which subsidiary owns which contracts. These are counsel arguments, not adjudicated operational facts.

Proposed Schmidt exclusion supplies context to counsel’s later scope argument, not proof the exclusion was entered.

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At 9:49 AM Berleth disputes payment in full, cites Cyberlux objections to disbursement and says the receivership remains. He predicts September or October as the earliest termination hearing and asserts the appeal prevents setting it meanwhile. These are counsel’s legal and procedural assertions; no docket or order establishes them here. He interprets Priddy’s email as instructions to proceed without Legalist.qualifiesBerleth undertakes to provide instructions to counsel by noon June9 and resend them to Prostok by return-receipt-requested email. He says upon payment he will file a motion to terminate; termination and distribution await Judge Gomez’s approval. The undertaking does not establish subsequent performance.

June 9 conditional termination undertaking differs in date and procedural posture from June 27 receiver assertions; intervening payment and court record required.

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Walton rejects any stipulation that only$912,000 is owed, emphasising the May15 wording at minimum and claimed fees over$592,000. He says approximately$3.094million should cover the Virginia judgment being enforced, while preserving other claims including approximately$6.7million. Pennetti maintains the need for credits and offsets. The exchange does not reconcile the ultimate judgment balance.qualifiesWalton describes the June 28, 2023 Virginia amended judgment, January 2024 California and July 2024 Texas domestications, and a minimum $912,000 balance after credits. He quotes agreed security and lien interests and reports July 6, 2023 Virginia and Texas UCC filings as perfecting collateral interests. The financing statements and priority analysis are not attached.

Walton explicitly rejects treating his minimum912kletterfigure as a cappedstipulation.

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Berleth undertakes to provide instructions to counsel by noon June9 and resend them to Prostok by return-receipt-requested email. He says upon payment he will file a motion to terminate; termination and distribution await Judge Gomez’s approval. The undertaking does not establish subsequent performance.supportsThe hearing turns on the gap between proposed protective funding and money actually received, then on conditional termination subject to judicial approval. It does not itself prove payment or terminate the receiver.

Specifically named source propositions support the bounded distinction or question.

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Payne continues the matter to Wednesday8:30 for payment status and possible termination steps. Asked for a stay, she says she will trust representations that the receiver will await payment; Berleth says goods have shipped and he is awaiting Legalist or HII payment. No separate signed stay or termination order appears here.supportsDid this hearing establish a completed payoff and termination?

Specifically named source propositions support the bounded distinction or question.

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Payne continues the matter to Wednesday8:30 for payment status and possible termination steps. Asked for a stay, she says she will trust representations that the receiver will await payment; Berleth says goods have shipped and he is awaiting Legalist or HII payment. No separate signed stay or termination order appears here.supportsWhen were complete wiring instructions delivered, what amount reached the receiver, and what later order governed fees, distribution and termination?

Specifically named source propositions support the bounded distinction or question.

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Priddy represents about$2.755million already sits in his firm’s trust account from Legalist, expects interest in funding the increased amount, and asks24hours for client-to-firm and firm-to-receiver wires. Funds held by lender counsel are distinct from funds paid to the receiver; the additional advance remains conditional on client coordination.supportsThe hearing turns on the gap between proposed protective funding and money actually received, then on conditional termination subject to judicial approval. It does not itself prove payment or terminate the receiver.

Specifically named source propositions support the bounded distinction or question.

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Priddy represents about$2.755million already sits in his firm’s trust account from Legalist, expects interest in funding the increased amount, and asks24hours for client-to-firm and firm-to-receiver wires. Funds held by lender counsel are distinct from funds paid to the receiver; the additional advance remains conditional on client coordination.supportsDid this hearing establish a completed payoff and termination?

Specifically named source propositions support the bounded distinction or question.

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Berleth states $3,094,660.81 would lead him to move to terminate and distribute funds, while court approval of fees and distribution remains necessary. He says no funds were received. The judge’s spoken$3.9million slips are corrected on transcriptpage31 to$3.094million; they are not a separate ordered payoff amount.supportsThe hearing turns on the gap between proposed protective funding and money actually received, then on conditional termination subject to judicial approval. It does not itself prove payment or terminate the receiver.

Specifically named source propositions support the bounded distinction or question.

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When Berleth asks to admit exhibits1–12, Payne says she will take into consideration exhibits attached to either motion or response and continues the hearing. The reporter certifies the volume, leaving transcription cost and payer blank. Underlying exhibit truth is not established merely by the certified transcript.supportsThe underlying exhibits, wiring emails, bank receipts, later hearing volumes and signed termination disposition are absent from this volume.

Specifically named source propositions support the bounded distinction or question.

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This is Volume1 of3 of the June9,2025 motion-to-stay hearing before Judge Latosha Lewis Payne, Harris County55th District Court, Cause2024-48085. Reporter Tamika T.Bartee certifies the requested proceedings June14. Transcript pages1–40 plus concordance are supplied; volumes2–3 and underlying exhibits are not.supportsThe underlying exhibits, wiring emails, bank receipts, later hearing volumes and signed termination disposition are absent from this volume.

Specifically named source propositions support the bounded distinction or question.

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Berleth undertakes to provide instructions to counsel by noon June9 and resend them to Prostok by return-receipt-requested email. He says upon payment he will file a motion to terminate; termination and distribution await Judge Gomez’s approval. The undertaking does not establish subsequent performance.supportsDid this hearing establish a completed payoff and termination?

Specifically named source propositions support the bounded distinction or question.

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Berleth undertakes to provide instructions to counsel by noon June9 and resend them to Prostok by return-receipt-requested email. He says upon payment he will file a motion to terminate; termination and distribution await Judge Gomez’s approval. The undertaking does not establish subsequent performance.supportsWhen were complete wiring instructions delivered, what amount reached the receiver, and what later order governed fees, distribution and termination?

Specifically named source propositions support the bounded distinction or question.

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Berleth says wiring instructions were sent and available on his website. Priddy says he has not seen them, identifies the website’s contact-us requirement for routing details, and reports no instructions known Friday; he does not categorically prove none were sent later. Payne repeatedly asks when and to whom instructions were sent. The transcript contains no email delivery proof.supportsThe underlying exhibits, wiring emails, bank receipts, later hearing volumes and signed termination disposition are absent from this volume.

Specifically named source propositions support the bounded distinction or question.

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Berleth says wiring instructions were sent and available on his website. Priddy says he has not seen them, identifies the website’s contact-us requirement for routing details, and reports no instructions known Friday; he does not categorically prove none were sent later. Payne repeatedly asks when and to whom instructions were sent. The transcript contains no email delivery proof.supportsWhen were complete wiring instructions delivered, what amount reached the receiver, and what later order governed fees, distribution and termination?

Specifically named source propositions support the bounded distinction or question.

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Berleth states $3,094,660.81 would lead him to move to terminate and distribute funds, while court approval of fees and distribution remains necessary. He says no funds were received. The judge’s spoken$3.9million slips are corrected on transcriptpage31 to$3.094million; they are not a separate ordered payoff amount.supportsDid this hearing establish a completed payoff and termination?

Specifically named source propositions support the bounded distinction or question.

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Berleth states $3,094,660.81 would lead him to move to terminate and distribute funds, while court approval of fees and distribution remains necessary. He says no funds were received. The judge’s spoken$3.9million slips are corrected on transcriptpage31 to$3.094million; they are not a separate ordered payoff amount.supportsWhen were complete wiring instructions delivered, what amount reached the receiver, and what later order governed fees, distribution and termination?

Specifically named source propositions support the bounded distinction or question.

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Confidence 75%Link weight 50%
Payne continues the matter to Wednesday8:30 for payment status and possible termination steps. Asked for a stay, she says she will trust representations that the receiver will await payment; Berleth says goods have shipped and he is awaiting Legalist or HII payment. No separate signed stay or termination order appears here.supportsThe hearing turns on the gap between proposed protective funding and money actually received, then on conditional termination subject to judicial approval. It does not itself prove payment or terminate the receiver.

Specifically named source propositions support the bounded distinction or question.

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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.