5 June2025 objection exhibit reproducing appointment order and eService record
Original sourceUnofficial clerk copy of certified historical order and filing-service metadata; not the objection merits, final collection ledger or current authority.
Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
observationobservation
Envelope101664202;5June2025 submission; certifieddocument120719480 dated27May2025; order signed22May2025.
Read the anchor · page 1
EXHIBIT 1
6/5/2025 12:13 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 101664202
By: Shanelle Taylor
Filed: 6/5/2025 12:13 PM
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
observationobservation
Protected-property hold and fee-proof conditions remain part of the order.
Read the anchor · page 13
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 noduty 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. Cybertux Corporation et al.
Pg. 12 of 20
Order Appointing Receiver
claimallegation
This35-page Exhibit1 is an unofficial HarrisCounty clerk copy filed5June2025 12:13PM, envelope101664202. Automated certificate describes Def
This35-page Exhibit1 is an unofficial HarrisCounty clerk copy filed5June2025 12:13PM, envelope101664202. Automated certificate describes Defendants Objection to Courts Order Appointing Receiver DatedMay22,2025; the objection argument itself is not included.
Read the anchor · page 1
EXHIBIT 1
6/5/2025 12:13 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 101664202
By: Shanelle Taylor
Filed: 6/5/2025 12:13 PM
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
Sale/abandonment provisions require10day filed notice and first-class mailing; objections within5days halt completion pending court resoluti
Sale/abandonment provisions require10day filed notice and first-class mailing; objections within5days halt completion pending court resolution. Receiver may retain counsel at no more than300dollars/hour and may intervene in ancillary litigation without a general duty to defend or prosecute it.
Read the anchor · page 18
Cause No. 202448085
46) Discovery. The Receiver may propound discovery to any party to this suit, under
the rules of civil procedure. Receiver may shorten the time periods as required. He is not required
to employ does not have to employ the discovery rules, and may obtain discovery by requesting
the information or documents from Debtor and third parties. Upon request, Debtor must provide
documents in WordPerfect, Microsoft Word, Microsoft Excel, Rich Text Format, JPEG, Adobe,
or other format acceptable to Receiver, with indices. The Debtor is not entitled to serve the
Receiver or Creditor with any type of discovery under this cause numbe
47)
File reports. The Receiver may occasionally file reports with this Court. Any party
to this suit or subject to the Receiver's actions may file an objection to the Receiver's report.
Should no objections be timely received, reports by the Receiver will be considered facts and
conclusions of law. Unopposed facts will be conclusively admitted. The Court, sua sponte, may
confirm, modify, correct, reject, reverse or recommit the report, after it is filed, as the court may
deem proper and necessary. Objections must be filed within 20 days, state each disputed ground,
the reasons for each dispute, and attach the documents supporting each objection.
48) Duty to maintain. The Receiver has no duty 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, maintain any
insurance coverage, or have obligation to preserve assets except as specifically ordered.
49)
Notice of Intended Abandonment or Sale. Notice of abandonment of receivership
assets must be provided:
a. At least ten days before any abandonment, Receiver must file a notice of the
Certified Document Number: 120719480 - Page 17 of 31
intended sale or abandonment that describes the property to be abandoned, its
sale price, and how it will be sold or abandoned;
Atlantic Wave Holdings, LLC et al
v. Cybertux Corporation et al.
Pg. 17 of 20
Order Appointing Receiver
claimallegation
Fee clause describes25%of assets/recoveries/credits, with hearing and Rohrmoos proof language; higher fees require notice/hearing and33%may
Fee clause describes25%of assets/recoveries/credits, with hearing and Rohrmoos proof language; higher fees require notice/hearing and33%may be awarded if full judgment collected. Bankruptcy provision states25%of debt at filing, potentially secured if valid abstract exists. This is not a final allowed dollar fee or bankruptcy claim ruling.
Read the anchor · page 19
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 objectionc
51)
Retention of counsel. Receiver may employ counse, at not more than $300.00 per
hour, for representation and assistance in the prosecution of this order.
52)
Ancillary Litigations. Receiver does not haye 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. Cybertux Corporation et al.
Pg. 18 of 20
Order Appointing Receiver
claimallegation
Order states presumptive5000dollars or proven fees for defending receiver motions,15000/25000appeal bonds, and1750creditor fee for obtaining
Order states presumptive5000dollars or proven fees for defending receiver motions,15000/25000appeal bonds, and1750creditor fee for obtaining order; additional fees require notice/hearing. Final accounting/motion to close required; unsuccessful collection may trigger1500plus expenses creditor reimbursement upon closure order. No bond, fee payment or final accounting is attached.
Read the anchor · page 20
Cause No. 202448085
finds 25% is a fair, reasonable, customary, and necessary fee for Receiver. A Receiver's fee
exceeding 25% of all funds coming into Receiver's possession may be awarded after notice and
opportunity for hearing to all parties. Specifically, the Court may award the Receiver 33% of
collected funds should the Receiver collect the full amount of the judgment. If the Debtor files
bankruptcy, Receiver's fee shall be equal to 25 percent of the debt owed when the bankruptcy is
filed, and may be filed as a secured claim should a valid abstract of judgment be on file at the time
of bankruptcy filing. Receiver is directed to pay plaintiff's attornęy as plaintiff's trustee, the
remainder of all funds coming into Receiver's possession, after deducting Receiver's costs and
payment of liens or set offs as Receiver deems reasonable within a reasonable time.
54)
Appeals. If Receiver has to defend against a motion to vacate, a motion to replace
receiver, or any similar motion to this Court, upon proof and notice of the same, the Receiver shall
be entitled to additional attorney's fees from debtor or debtor's counsel by fees or sanction. The
Receiver will presumptively be awarded $5,000.00 or attorney's fees as proven at the time under
Rohrmoos Ventures's If Receiver or Judgment Creditor has to defend against an appeal to this
Order Appointing Receiver, the debtor is required to post a bond in the amount of $15,000 for an
appeal to the intermediate Court of Appeals. If the Receiver or Judgment Creditor has to defend
against an appeal to the Texas Supreme Court, the debtor is ordered to post an additional $25,000.
These bonds will be herd in the registry of the court pending the appellate ruling and awarded to
the prevailing party as attorney's fees as proven at the time."
O
Certified Document Number: 120719480 - Page 19 of 31
Express, Inc., 488 F.2d 714 (5th Cir. 1974), set out twelve factors that a court should consider in
determining a reasonable feeạ
13 Id.
Atlantic Wave Holdings, LLC et al
v. Cybertux Corporation et al.
Pg. 19 of 20
Order Appointing Receiver
claimallegation
ExhibitA requires production within10days of receipt, generally three-year lookback and continuing supplements; definitions reach related pe
ExhibitA requires production within10days of receipt, generally three-year lookback and continuing supplements; definitions reach related persons/entities and available information, demand labelled/indexed copies, preservation and lost-record explanations. Generic case-number placeholders remain on annex pages despite certification linkage. No responses are supplied.
Read the anchor · page 22
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 theitem 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, niek 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 Intormation tor every
person believed to be able to provide the missing information.
d. "Defendants 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
folind.
"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
ExhibitA itemises financial/tax/account/title/security/trust/insurance/asset records, contacts, attorney billing from90days before signing,
ExhibitA itemises financial/tax/account/title/security/trust/insurance/asset records, contacts, attorney billing from90days before signing, transfers, employment/rewards, corporate/LLC/partnership governance, ledgers, contributions and dissolution triggers. Some entity-tax requests expressly cover six years, displacing general three-year default. These are requested data categories, not findings of holdings.
Read the anchor · page 24
Cause No. case case_numberi
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.
f. 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
information, 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
6)
Contact information for each defendant and witness controlling or
knowing of relevant documents or intormation;
7)
All royalty payments, rights to receive payment, websites, url, domain
names,
8)
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;
The Contact Information for the accountants and bookkeepers for
each Entity and every owner, Shareholder, or Manager for the last
three years;
9)
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 enclosed20-page appointment order and11-page ExhibitA bear certifieddocument120719480. Own clerk certification is27May2025, distinct fro
The enclosed20-page appointment order and11-page ExhibitA bear certifieddocument120719480. Own clerk certification is27May2025, distinct from23May certification in source37. Judge signature/date22May2025 appears above printedHon.MichaelGomez, with receiver approval signature;1April filing stamp is not signing date.
Read the anchor · page 2
4/1/2025 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
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.
HARIS 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, aff arguments of the parties and counsel, and
finds the Judgment Creditors may aid from this action.
20
The Court DEFINES that:
1)
"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. Cybertux Corporation et al.
Pg. 1 of 20
Order Appointing Receiver
claimallegation
Automated eService records FrankieHuff forAlexPennetti, submission5June2025 12:13:55PM, statusasof3:44PM CST,31 recipient rows markedSENT. R
Automated eService records FrankieHuff forAlexPennetti, submission5June2025 12:13:55PM, statusasof3:44PM CST,31 recipient rows markedSENT. Repeated ShawnGrady and BernadetteMartin rows are preserved rather than counted as unique persons. Certificate expressly says applicable service-certificate rules still apply; SENT is not proof recipient read the document.
Read the anchor · page 34
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Frankie Huff on behalf of Alex Pennetti
Bar No. 24110208
fhuff@thompsoncoburn.com
Envelope ID: 101664202
Filing Code Description: Motion (No Fee)
Filing Description: Defendants Objection to Court s Order Appointing
Receiver Dated May 22 2025
Status as of 6/5/2025 3:44 PM CST
Case Contacts
Name
David A.Walton
LaDonna Arey
Sandra Meiners
Travis Vargo
Laurie DeBardeleben
Roxanna Lock
Shawn Grady
Shawn Grady
Jeff Brown
Records Department
Micah Jackson
Sheli Davis
Paula Gentry
Lena Brasher
Frankie Huff
Tristian Harris
Corinne Martin
Hannah Fischer
Hannah Petrea
Michael Poynter
Bernadette Martin
Bernadette Martin
BarNumber Email
dwalton@bellnunnally.com
LArey@bellnunnally.com
smeiners@thompsoncoburn.com
tvargo@vargolawfirm.com
ldebardeleben@thompsoncoburn.com
rlock@thompsoncoburn.com
shawn@gradycollectionlaw.com
shawn@gradycollectionlaw.com
jbrown@thompsoncoburn.com
Records@bellnunnally.com
mjackson@berlethlaw.com
sdavis@berlethlaw.com
pgentry@thompsoncoburn.com
lbrasher@thompsoncoburn.com
fhuff@thompsoncoburn.com
tharris@berlethlaw.com
cmartin@berlethlaw.com
hfischer@thompsoncoburn.com
hpetrea@bellnunnally.com
mpoynter@vargolawfirm.com
bernadette@gradycollectionlaw.com
bernadette@gradycollectionlaw.com
TimestampSubmitted
6/5/2025 12:13:55 PM
6/5/2025 12:13:55 PM
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Status
SENT
SENT
SENT
SENT
SENT
SENT
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SENT
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SENT
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
Trial order identifies Berleth as court agent, not party counsel, appoints after oath without bond, and states unsatisfied judgment with2111
Trial order identifies Berleth as court agent, not party counsel, appoints after oath without bond, and states unsatisfied judgment with2111086.01dollars due asof18February2025, derived from1572500damages,177126.19fees,3895/6842.50sanctions and12%interest. Its findings concern believed nonexempt assets and turnover need, not later satisfaction status.
Read the anchor · page 3
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
istrict Clerk
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0900-3811-1939
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
"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.)) "Once 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. Cybertux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
Own image: Cyberlux ACCURINT identifier0000-3811-1939; OCR0900 is incorrect. Redacted private fields remain redacted.
claimallegation
Trial order asserts constructive custody/judicial lien over nonexempt assets, restricts transfers and vests business-debtor management in re
Trial order asserts constructive custody/judicial lien over nonexempt assets, restricts transfers and vests business-debtor management in receiver. It says first receivership controls and permits seeking permission to satisfy multiple judgments. It enjoins litigation against receiver/lawfirm outside appointing court. These are historical order provisions; no subsequent stay or current-status record is included in this copy.
Read the anchor · page 5
Cause No. 202448085
Fraudulent Transfer Act §24.009, with the power and authority to take possession of all
leviable property of Debtors. This Order shall also serve as a Turnover Order, and the
Judgment Creditor is entitled to collect post-judgment attorney's fees under TEX. PRAC. &
REM. CODE § 31.002(e).
9) The unique power of a Receivership derives from the doctrine of custodia legis.
Once a turnover order containing an appointment of a Receiver is signed, all of the judgment
debtor's nonexempt property becomes property in custodia legis, cor
"in the custody of the
law_ In other words, the judgment debtor's property is considered to be in the constructive
possession of the court. During the pendency of a Receivership, the Receiver has exclusive
possession and custody of the judgment debtor's property to which the Receivership relates.
10)
Pursuant to this order, the Receiyer will have a judicial lien on all non-exempt
assets of Debtor and on all non-exempt community assets of Debtor, regardless of whether the
Receiver takes actual possession. No one-not even a lien holder with a prior filed deed of trust-
can sell property held in custodia legis by a duly appointed Receiver without first obtaining
approval from the Court in which the Receivership is pending. Any unauthorized transfer of
property in the custody of a Redeiver is not merely voidable, it is void. Thus, any attempt by a
judgment debtor to transfer any of his nonexempt property after the turnover order has been
signed is void, and any conveyance of property in the custody of a Receiver without approval
by the court hasno effect upon the Receivership and the accomplishment of its purposes.?
Certified Document Number: 120719480 - Page 4 of 31
3 First Southern Properties, Inc. v. Vallone, 533 S.W.2d339, 343 (Tex. 1976).
4 First S. Props., at 343; Ellis v. Vernon Ice Co. & Water Co., 86 Tex. 109, S.W. 858 (1893).
5 First S. Props., at 341; Huffmeyer v. Mann, 49 S.W.3d 554,560 (Tex. Civ.App.-Corpus Christi,
2001).
6 First S. Props., at 341.
7T.H. Neel v. WL. Fuller, 557 S.W2d 73, 76 (Tex. 1977).
Atlantic Wave Holdings, LLC et al
v. Cybertux Corporation et al.
Pg. 4 of 20
Order Appointing Receiver
claimallegation
Order excludes intentional misconduct from its liability shield; authorises peace-officer support and third-party delivery within10workingda
Order excludes intentional misconduct from its liability shield; authorises peace-officer support and third-party delivery within10workingdays of demand. Debtors must disclose/turn over records within10days, supplement within5days, provide asset-account credentials and first comply then seek protection. No actual compliance or misconduct is proved.
Read the anchor · page 6
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. Cybertux Corporation et al.
Pg. 5 of 20
Order Appointing Receiver
claimallegation
Enumerated powers cover nonexempt accounts/IP/vehicles/property/contract rights and interests, entry using reasonable destructive means, loc
Enumerated powers cover nonexempt accounts/IP/vehicles/property/contract rights and interests, entry using reasonable destructive means, lock changes and drone surveillance. Clauses permit removal/storage but disclaim maintenance, tax, lease or insurance duties except as ordered. Enumeration does not prove any listed asset exists or was seized.
Read the anchor · page 11
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 yecreation 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;
All securities;
h. All gifts, inheritances, or divisions of property;
Certified Document Number: 120719480 - Page 10 of 31
1. 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. Cybertux Corporation et al.
Pg. 10 of 20
Order Appointing Receiver
claimallegation
Order requiresRule679b protection: no disbursement or sale for14days after protected-property notice,17days if mailed; claimed exemptions re
Order requiresRule679b protection: no disbursement or sale for14days after protected-property notice,17days if mailed; claimed exemptions require written consent or court order. It also describes21day objection to collection assumption,20day objections to order and individually ordered realproperty sales after notice/hearing. No triggering service dates supplied.
Read the anchor · page 13
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 noduty 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. Cybertux Corporation et al.
Pg. 12 of 20
Order Appointing Receiver
claimallegation
Order permits mail redirection, credit/utility/customer records, subpoenas and nonnotification language, check endorsement except current wa
Order permits mail redirection, credit/utility/customer records, subpoenas and nonnotification language, check endorsement except current wages, unclaimed-property collection, certification and alternative service. Discovery clause denies debtor discovery against receiver/creditor in cause; receiver reports face20day objections or stated conclusive admission, subject to court review. These provisions are not proof of requests actually issued.
Read the anchor · page 14
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 requires 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 (i) this order, (ii) the bond amount, including its
sufficiency, (ili) 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 (FCRA) 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. Cybertux Corporation et al.
Pg. 13 of 20
Order Appointing Receiver
entityobservation
ATLANTIC WAVE HOLDINGS, LLC
Read the anchor · page 2
4/1/2025 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
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.
HARIS 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, aff arguments of the parties and counsel, and
finds the Judgment Creditors may aid from this action.
20
The Court DEFINES that:
1)
"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. Cybertux Corporation et al.
Pg. 1 of 20
Order Appointing Receiver
entityobservation
Alex Pennetti
Read the anchor · page 34
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Frankie Huff on behalf of Alex Pennetti
Bar No. 24110208
fhuff@thompsoncoburn.com
Envelope ID: 101664202
Filing Code Description: Motion (No Fee)
Filing Description: Defendants Objection to Court s Order Appointing
Receiver Dated May 22 2025
Status as of 6/5/2025 3:44 PM CST
Case Contacts
Name
David A.Walton
LaDonna Arey
Sandra Meiners
Travis Vargo
Laurie DeBardeleben
Roxanna Lock
Shawn Grady
Shawn Grady
Jeff Brown
Records Department
Micah Jackson
Sheli Davis
Paula Gentry
Lena Brasher
Frankie Huff
Tristian Harris
Corinne Martin
Hannah Fischer
Hannah Petrea
Michael Poynter
Bernadette Martin
Bernadette Martin
BarNumber Email
dwalton@bellnunnally.com
LArey@bellnunnally.com
smeiners@thompsoncoburn.com
tvargo@vargolawfirm.com
ldebardeleben@thompsoncoburn.com
rlock@thompsoncoburn.com
shawn@gradycollectionlaw.com
shawn@gradycollectionlaw.com
jbrown@thompsoncoburn.com
Records@bellnunnally.com
mjackson@berlethlaw.com
sdavis@berlethlaw.com
pgentry@thompsoncoburn.com
lbrasher@thompsoncoburn.com
fhuff@thompsoncoburn.com
tharris@berlethlaw.com
cmartin@berlethlaw.com
hfischer@thompsoncoburn.com
hpetrea@bellnunnally.com
mpoynter@vargolawfirm.com
bernadette@gradycollectionlaw.com
bernadette@gradycollectionlaw.com
TimestampSubmitted
6/5/2025 12:13:55 PM
6/5/2025 12:13:55 PM
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Status
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
SENT
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation
SECURE COMMUNITY, LLC
Read the anchor · page 2
4/1/2025 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
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.
HARIS 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, aff arguments of the parties and counsel, and
finds the Judgment Creditors may aid from this action.
20
The Court DEFINES that:
1)
"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. Cybertux Corporation et al.
Pg. 1 of 20
Order Appointing Receiver
entityobservation
CYBERLUX CORPORATION
Read the anchor · page 3
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
istrict Clerk
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0900-3811-1939
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
"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.)) "Once 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. Cybertux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
Own image: Cyberlux ACCURINT identifier0000-3811-1939; OCR0900 is incorrect. Redacted private fields remain redacted.
entityobservation
MARK D. SCHMIDT
Read the anchor · page 3
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
istrict Clerk
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0900-3811-1939
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
"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.)) "Once 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. Cybertux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
Own image: Cyberlux ACCURINT identifier0000-3811-1939; OCR0900 is incorrect. Redacted private fields remain redacted.
entityobservation
Robert W. Berleth
Read the anchor · page 3
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
istrict Clerk
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0900-3811-1939
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
"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.)) "Once 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. Cybertux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
Own image: Cyberlux ACCURINT identifier0000-3811-1939; OCR0900 is incorrect. Redacted private fields remain redacted.
entityobservation
Tristian Harris
Read the anchor · page 3
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
istrict Clerk
Research Triangle Park, NC 27709
TIN:
8978
ACCURINT (LEXIS) ID: 0900-3811-1939
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
"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.)) "Once 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. Cybertux Corporation et al.
Pg. 2 of 20
Order Appointing Receiver
Own image: Cyberlux ACCURINT identifier0000-3811-1939; OCR0900 is incorrect. Redacted private fields remain redacted.
entityobservation
Michael Gomez
Read the anchor · page 21
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 Beeeiver'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:
Michael tony
of Mari
5/22/2025
Hon. Michael Gomez
JUDGE PRESIDING
Approved as to form and substance:
Berleth & Associates
Robert W. Berleth °S
Texas Bar # 24091880
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. Cybertux Corporation et al.
Pg. 20 of 20
Order Appointing Receiver
Own image: judicial signature22May2025 aboveHon.MichaelGomez; receiver approval signature present.
entityobservation
Marilyn Burgess
Read the anchor · page 33
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
HARRIS COUNTY, TEXAS
Marilyn Burgess, DISTRICT CLERK
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
120719480 Total Pages: 31Certified Document Number:
May 27, 2025this
UnofficialCopyOfficeofMarilynBurgessDistrictClerkOwn image: certificationMay27,2025; document120719480,total31pages.
entityobservation
Frankie Huff
Read the anchor · page 34
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Frankie Huff on behalf of Alex Pennetti
Bar No. 24110208
fhuff@thompsoncoburn.com
Envelope ID: 101664202
Filing Code Description: Motion (No Fee)
Filing Description: Defendants Objection to Court s Order Appointing
Receiver Dated May 22 2025
Status as of 6/5/2025 3:44 PM CST
Case Contacts
Name
David A.Walton
LaDonna Arey
Sandra Meiners
Travis Vargo
Laurie DeBardeleben
Roxanna Lock
Shawn Grady
Shawn Grady
Jeff Brown
Records Department
Micah Jackson
Sheli Davis
Paula Gentry
Lena Brasher
Frankie Huff
Tristian Harris
Corinne Martin
Hannah Fischer
Hannah Petrea
Michael Poynter
Bernadette Martin
Bernadette Martin
BarNumber Email
dwalton@bellnunnally.com
LArey@bellnunnally.com
smeiners@thompsoncoburn.com
tvargo@vargolawfirm.com
ldebardeleben@thompsoncoburn.com
rlock@thompsoncoburn.com
shawn@gradycollectionlaw.com
shawn@gradycollectionlaw.com
jbrown@thompsoncoburn.com
Records@bellnunnally.com
mjackson@berlethlaw.com
sdavis@berlethlaw.com
pgentry@thompsoncoburn.com
lbrasher@thompsoncoburn.com
fhuff@thompsoncoburn.com
tharris@berlethlaw.com
cmartin@berlethlaw.com
hfischer@thompsoncoburn.com
hpetrea@bellnunnally.com
mpoynter@vargolawfirm.com
bernadette@gradycollectionlaw.com
bernadette@gradycollectionlaw.com
TimestampSubmitted
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6/5/2025 12:13:55 PM
Status
SENT
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UnofficialCopyOfficeofMarilynBurgessDistrictClerk
eventattribution
Own image signature date; upper generic date line blank.
Read the anchor · page 21
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 Beeeiver'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:
Michael tony
of Mari
5/22/2025
Hon. Michael Gomez
JUDGE PRESIDING
Approved as to form and substance:
Berleth & Associates
Robert W. Berleth °S
Texas Bar # 24091880
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. Cybertux Corporation et al.
Pg. 20 of 20
Order Appointing Receiver
Own image: judicial signature22May2025 aboveHon.MichaelGomez; receiver approval signature present.
eventattribution
Own certification date differs from source37.
Read the anchor · page 33
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
HARRIS COUNTY, TEXAS
Marilyn Burgess, DISTRICT CLERK
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
120719480 Total Pages: 31Certified Document Number:
May 27, 2025this
UnofficialCopyOfficeofMarilynBurgessDistrictClerkOwn image: certificationMay27,2025; document120719480,total31pages.
eventattribution
Wrapper12:13PM and service submission12:13:55PM;SENT status not read receipt.
Read the anchor · page 1
EXHIBIT 1
6/5/2025 12:13 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 101664202
By: Shanelle Taylor
Filed: 6/5/2025 12:13 PM
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
inferenceinference
The wrapper establishes how the order was attached to aJune5objection filing, without supplying the objection grounds or a ruling on them. T
The wrapper establishes how the order was attached to aJune5objection filing, without supplying the objection grounds or a ruling on them. The order remains one historical instrument even when repeated with another certification date.
inferenceinference
Ordered powers and requested records are not evidence assets existed, records were produced or fees paid. Service/fee-proof conditions and l
Ordered powers and requested records are not evidence assets existed, records were produced or fees paid. Service/fee-proof conditions and later authority developments must accompany any operational use.
otherattribution
Complete supplied 35-page source reviewed at SHA-256 89c3da1a16377f66d9df012c8fd234e9c4742585e5e0cb9d60bd07810a7a6d63. Source assertions, or
Complete supplied 35-page source reviewed at SHA-256 89c3da1a16377f66d9df012c8fd234e9c4742585e5e0cb9d60bd07810a7a6d63. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Own exact SHA256 89c3da1a16377f66d9df012c8fd234e9c4742585e5e0cb9d60bd07810a7a6d63 verified; complete own-source text read; material signature, stamp, condition and service-table renders checked as individually recorded. Page-level corrections explicitly attributed; no absent document or performed act inferred.
Read the anchor · page 1
EXHIBIT 1
6/5/2025 12:13 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 101664202
By: Shanelle Taylor
Filed: 6/5/2025 12:13 PM
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
questionquestion
What objection arguments and disposition accompanied envelope101664202, and what later orders, oath, service and fee-accounting records dete
What objection arguments and disposition accompanied envelope101664202, and what later orders, oath, service and fee-accounting records determine the operative position?
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 enclosed20-page appointment order and11-page ExhibitA bear certifieddocument120719480. Own clerk certification is27May2025, distinct from23May certification in source37. Judge signature/date22May2025 appears above printedHon.MichaelGomez, with receiver approval signature;1April filing stamp is not signing date.supportsEnclosed20-page appointment order plus11-page ExhibitA bear certified document120719480,31pages, clerk certification23May2025. Page23 shows judicial signature/date22May2025 over printedHon.MichaelGomez and receiver approval signature. Page4 filing stamp1April2025 is distinct from judicial signing date.
This35-page Exhibit1 is an unofficial HarrisCounty clerk copy filed5June2025 12:13PM, envelope101664202. Automated certificate describes Defendants Objection to Courts Order Appointing Receiver DatedMay22,2025; the objection argument itself is not included.supportsWhat does this copy add to the appointment-order record?
Specifically named source propositions support the bounded distinction or question.
This35-page Exhibit1 is an unofficial HarrisCounty clerk copy filed5June2025 12:13PM, envelope101664202. Automated certificate describes Defendants Objection to Courts Order Appointing Receiver DatedMay22,2025; the objection argument itself is not included.supportsWhat objection arguments and disposition accompanied envelope101664202, and what later orders, oath, service and fee-accounting records determine the operative position?
Specifically named source propositions support the bounded distinction or question.
Ordered powers and requested records are not evidence assets existed, records were produced or fees paid. Service/fee-proof conditions and later authority developments must accompany any operational use.supportsWhat does this copy add to the appointment-order record?
Specifically named source propositions support the bounded distinction or question.
Fee clause describes25%of assets/recoveries/credits, with hearing and Rohrmoos proof language; higher fees require notice/hearing and33%may be awarded if full judgment collected. Bankruptcy provision states25%of debt at filing, potentially secured if valid abstract exists. This is not a final allowed dollar fee or bankruptcy claim ruling.supportsOrdered powers and requested records are not evidence assets existed, records were produced or fees paid. Service/fee-proof conditions and later authority developments must accompany any operational use.
Specifically named source propositions support the bounded distinction or question.
Order states presumptive5000dollars or proven fees for defending receiver motions,15000/25000appeal bonds, and1750creditor fee for obtaining order; additional fees require notice/hearing. Final accounting/motion to close required; unsuccessful collection may trigger1500plus expenses creditor reimbursement upon closure order. No bond, fee payment or final accounting is attached.supportsWhat objection arguments and disposition accompanied envelope101664202, and what later orders, oath, service and fee-accounting records determine the operative position?
Specifically named source propositions support the bounded distinction or question.
The enclosed20-page appointment order and11-page ExhibitA bear certifieddocument120719480. Own clerk certification is27May2025, distinct from23May certification in source37. Judge signature/date22May2025 appears above printedHon.MichaelGomez, with receiver approval signature;1April filing stamp is not signing date.supportsThe wrapper establishes how the order was attached to aJune5objection filing, without supplying the objection grounds or a ruling on them. The order remains one historical instrument even when repeated with another certification date.
Specifically named source propositions support the bounded distinction or question.
The wrapper establishes how the order was attached to aJune5objection filing, without supplying the objection grounds or a ruling on them. The order remains one historical instrument even when repeated with another certification date.supportsWhat does this copy add to the appointment-order record?
Specifically named source propositions support the bounded distinction or question.
Automated eService records FrankieHuff forAlexPennetti, submission5June2025 12:13:55PM, statusasof3:44PM CST,31 recipient rows markedSENT. Repeated ShawnGrady and BernadetteMartin rows are preserved rather than counted as unique persons. Certificate expressly says applicable service-certificate rules still apply; SENT is not proof recipient read the document.supportsThe wrapper establishes how the order was attached to aJune5objection filing, without supplying the objection grounds or a ruling on them. The order remains one historical instrument even when repeated with another certification date.
Specifically named source propositions support the bounded distinction or question.
The enclosed20-page appointment order and11-page ExhibitA bear certifieddocument120719480. Own clerk certification is27May2025, distinct from23May certification in source37. Judge signature/date22May2025 appears above printedHon.MichaelGomez, with receiver approval signature;1April filing stamp is not signing date.supportsWhat does this copy add to the appointment-order record?
Specifically named source propositions support the bounded distinction or question.
This35-page Exhibit1 is an unofficial HarrisCounty clerk copy filed5June2025 12:13PM, envelope101664202. Automated certificate describes Defendants Objection to Courts Order Appointing Receiver DatedMay22,2025; the objection argument itself is not included.supportsThe wrapper establishes how the order was attached to aJune5objection filing, without supplying the objection grounds or a ruling on them. The order remains one historical instrument even when repeated with another certification date.
Specifically named source propositions support the bounded distinction or question.
ExhibitA itemises financial/tax/account/title/security/trust/insurance/asset records, contacts, attorney billing from90days before signing, transfers, employment/rewards, corporate/LLC/partnership governance, ledgers, contributions and dissolution triggers. Some entity-tax requests expressly cover six years, displacing general three-year default. These are requested data categories, not findings of holdings.supportsOrdered powers and requested records are not evidence assets existed, records were produced or fees paid. Service/fee-proof conditions and later authority developments must accompany any operational use.
Specifically named source propositions support the bounded distinction or question.
Order requiresRule679b protection: no disbursement or sale for14days after protected-property notice,17days if mailed; claimed exemptions require written consent or court order. It also describes21day objection to collection assumption,20day objections to order and individually ordered realproperty sales after notice/hearing. No triggering service dates supplied.supportsOrdered powers and requested records are not evidence assets existed, records were produced or fees paid. Service/fee-proof conditions and later authority developments must accompany any operational use.
Specifically named source propositions support the bounded distinction or question.
Automated eService records FrankieHuff forAlexPennetti, submission5June2025 12:13:55PM, statusasof3:44PM CST,31 recipient rows markedSENT. Repeated ShawnGrady and BernadetteMartin rows are preserved rather than counted as unique persons. Certificate expressly says applicable service-certificate rules still apply; SENT is not proof recipient read the document.supportsWhat does this copy add to the appointment-order record?
Specifically named source propositions support the bounded distinction or question.
Trial order identifies Berleth as court agent, not party counsel, appoints after oath without bond, and states unsatisfied judgment with2111086.01dollars due asof18February2025, derived from1572500damages,177126.19fees,3895/6842.50sanctions and12%interest. Its findings concern believed nonexempt assets and turnover need, not later satisfaction status.supportsWhat objection arguments and disposition accompanied envelope101664202, and what later orders, oath, service and fee-accounting records determine the operative position?
Specifically named source propositions support the bounded distinction or question.
Enumerated powers cover nonexempt accounts/IP/vehicles/property/contract rights and interests, entry using reasonable destructive means, lock changes and drone surveillance. Clauses permit removal/storage but disclaim maintenance, tax, lease or insurance duties except as ordered. Enumeration does not prove any listed asset exists or was seized.supportsOrdered powers and requested records are not evidence assets existed, records were produced or fees paid. Service/fee-proof conditions and later authority developments must accompany any operational use.
Specifically named source propositions support the bounded distinction or question.
Automated eService records FrankieHuff forAlexPennetti, submission5June2025 12:13:55PM, statusasof3:44PM CST,31 recipient rows markedSENT. Repeated ShawnGrady and BernadetteMartin rows are preserved rather than counted as unique persons. Certificate expressly says applicable service-certificate rules still apply; SENT is not proof recipient read the document.supportsWhat objection arguments and disposition accompanied envelope101664202, and what later orders, oath, service and fee-accounting records determine the operative position?
Specifically named source propositions support the bounded distinction or question.
Fee clause describes25%of assets/recoveries/credits, with hearing and Rohrmoos proof language; higher fees require notice/hearing and33%may be awarded if full judgment collected. Bankruptcy provision states25%of debt at filing, potentially secured if valid abstract exists. This is not a final allowed dollar fee or bankruptcy claim ruling.supportsWhat objection arguments and disposition accompanied envelope101664202, and what later orders, oath, service and fee-accounting records determine the operative position?
Specifically named source propositions support the bounded distinction or question.
Order states presumptive5000dollars or proven fees for defending receiver motions,15000/25000appeal bonds, and1750creditor fee for obtaining order; additional fees require notice/hearing. Final accounting/motion to close required; unsuccessful collection may trigger1500plus expenses creditor reimbursement upon closure order. No bond, fee payment or final accounting is attached.supportsOrdered powers and requested records are not evidence assets existed, records were produced or fees paid. Service/fee-proof conditions and later authority developments must accompany any operational use.
Specifically named source propositions support the bounded distinction or question.
Order requiresRule679b protection: no disbursement or sale for14days after protected-property notice,17days if mailed; claimed exemptions require written consent or court order. It also describes21day objection to collection assumption,20day objections to order and individually ordered realproperty sales after notice/hearing. No triggering service dates supplied.supportsWhat objection arguments and disposition accompanied envelope101664202, and what later orders, oath, service and fee-accounting records determine the operative position?
Specifically named source propositions support the bounded distinction or question.
WEIGH
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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.