Temporary stay30June2025; emergency-response date14July; separate mandamus-response date21July.
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EXHIBIT 10 Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 1 of 3 PageID# 590
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EXHIBIT 10 Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 1 of 3 PageID# 590
Texas First District appeal01-25-00455-CV, trial2024-48085 in129thDistrict HarrisCounty, order dated30June2025 /s/AndrewJohnson acting individually; reproduced as EDVA41-10 filed4August2025. Related interlocutory appeal01-25-00454-CV is separately docketed.
EXHIBIT 10 Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 1 of 3 PageID# 590
Cyberlux and Schmidt seek mandamus concerning22May receivership appointment and12June oral denial of emergency suspension; their stated grounds include alleged satisfaction, operational difficulty and Schmidt inclusion. Court recites these as allegations rather than deciding them.
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Cyberlux Corporation and Mark D. Schmidt Appellate case number: 01-25-00455-CV Trial court case number: 2024-48085 Trial court: 129th District Court of Harris County Relators Cyberlux Corporation and Mark D. Schmidt filed a petition for writ of mandamus regarding the trial court’s May 22, 2025 Order Appointing Receiver and June 12, 2025 oral denial of Relator’s Emergency Motion to Stay or Otherwise Suspend Order Appointing Receiver.1 Relators have also filed a Motion for Expedited Appeal and Request for Emergency Temporary Stay (“Emergency Motion”) , requesting we stay the May 22, 2025 Order because the subject judgment has allegedly been satisfied, Cyberlux Corporation is struggling to operate with the order in effect, and Mark D. Schmidt never should have been included in the order. On June 24, 2025, the Court requested Real Parties in Interest file a response to the Emergency Motion on or before noon on Monday June 30, 2025 and file a response to the petition for writ of mandamus on or before Monday July 21, 2025. On June 28, 2025, the Receiver, Robert Berleth, filed a motion requesting an extension of 14 days to file his response to the Emergency motion. On June 29, 2025, Relators filed a response opposing the motion for extension. We EXTEND the deadline for response s to the Emergency Motion, with the responses, if any, now being due on or before July 14, 2025. We also GRANT a stay of the May 22, 2025 Order while the Emergency Motion is pending, staying enforcement, utilization, or the taking actions under the authority of the 1 Relators also filed an interlocutory appeal of the same order and denial, which we have docketed as Case Number 01-25-00454-CV. Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 2 of 3 PageID# 591
24June request set emergency-response deadline noon30June and mandamus-response deadline21July. Receiver RobertBerleth sought14days on28June; relators opposed29June. Order extends emergency responses to14July2025. It does not expressly extend21July mandamus deadline.
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Cyberlux Corporation and Mark D. Schmidt Appellate case number: 01-25-00455-CV Trial court case number: 2024-48085 Trial court: 129th District Court of Harris County Relators Cyberlux Corporation and Mark D. Schmidt filed a petition for writ of mandamus regarding the trial court’s May 22, 2025 Order Appointing Receiver and June 12, 2025 oral denial of Relator’s Emergency Motion to Stay or Otherwise Suspend Order Appointing Receiver.1 Relators have also filed a Motion for Expedited Appeal and Request for Emergency Temporary Stay (“Emergency Motion”) , requesting we stay the May 22, 2025 Order because the subject judgment has allegedly been satisfied, Cyberlux Corporation is struggling to operate with the order in effect, and Mark D. Schmidt never should have been included in the order. On June 24, 2025, the Court requested Real Parties in Interest file a response to the Emergency Motion on or before noon on Monday June 30, 2025 and file a response to the petition for writ of mandamus on or before Monday July 21, 2025. On June 28, 2025, the Receiver, Robert Berleth, filed a motion requesting an extension of 14 days to file his response to the Emergency motion. On June 29, 2025, Relators filed a response opposing the motion for extension. We EXTEND the deadline for response s to the Emergency Motion, with the responses, if any, now being due on or before July 14, 2025. We also GRANT a stay of the May 22, 2025 Order while the Emergency Motion is pending, staying enforcement, utilization, or the taking actions under the authority of the 1 Relators also filed an interlocutory appeal of the same order and denial, which we have docketed as Case Number 01-25-00454-CV. Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 2 of 3 PageID# 591
Court stays enforcement, utilisation or action under22May receivership order by receiver or others while emergency motion is pending. Receiver/parties may continue participating in trial-court proceedings, including satisfaction, disbursement and termination issues.
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Cyberlux Corporation and Mark D. Schmidt Appellate case number: 01-25-00455-CV Trial court case number: 2024-48085 Trial court: 129th District Court of Harris County Relators Cyberlux Corporation and Mark D. Schmidt filed a petition for writ of mandamus regarding the trial court’s May 22, 2025 Order Appointing Receiver and June 12, 2025 oral denial of Relator’s Emergency Motion to Stay or Otherwise Suspend Order Appointing Receiver.1 Relators have also filed a Motion for Expedited Appeal and Request for Emergency Temporary Stay (“Emergency Motion”) , requesting we stay the May 22, 2025 Order because the subject judgment has allegedly been satisfied, Cyberlux Corporation is struggling to operate with the order in effect, and Mark D. Schmidt never should have been included in the order. On June 24, 2025, the Court requested Real Parties in Interest file a response to the Emergency Motion on or before noon on Monday June 30, 2025 and file a response to the petition for writ of mandamus on or before Monday July 21, 2025. On June 28, 2025, the Receiver, Robert Berleth, filed a motion requesting an extension of 14 days to file his response to the Emergency motion. On June 29, 2025, Relators filed a response opposing the motion for extension. We EXTEND the deadline for response s to the Emergency Motion, with the responses, if any, now being due on or before July 14, 2025. We also GRANT a stay of the May 22, 2025 Order while the Emergency Motion is pending, staying enforcement, utilization, or the taking actions under the authority of the 1 Relators also filed an interlocutory appeal of the same order and denial, which we have docketed as Case Number 01-25-00454-CV. Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 2 of 3 PageID# 591
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Cyberlux Corporation and Mark D. Schmidt Appellate case number: 01-25-00455-CV Trial court case number: 2024-48085 Trial court: 129th District Court of Harris County Relators Cyberlux Corporation and Mark D. Schmidt filed a petition for writ of mandamus regarding the trial court’s May 22, 2025 Order Appointing Receiver and June 12, 2025 oral denial of Relator’s Emergency Motion to Stay or Otherwise Suspend Order Appointing Receiver.1 Relators have also filed a Motion for Expedited Appeal and Request for Emergency Temporary Stay (“Emergency Motion”) , requesting we stay the May 22, 2025 Order because the subject judgment has allegedly been satisfied, Cyberlux Corporation is struggling to operate with the order in effect, and Mark D. Schmidt never should have been included in the order. On June 24, 2025, the Court requested Real Parties in Interest file a response to the Emergency Motion on or before noon on Monday June 30, 2025 and file a response to the petition for writ of mandamus on or before Monday July 21, 2025. On June 28, 2025, the Receiver, Robert Berleth, filed a motion requesting an extension of 14 days to file his response to the Emergency motion. On June 29, 2025, Relators filed a response opposing the motion for extension. We EXTEND the deadline for response s to the Emergency Motion, with the responses, if any, now being due on or before July 14, 2025. We also GRANT a stay of the May 22, 2025 Order while the Emergency Motion is pending, staying enforcement, utilization, or the taking actions under the authority of the 1 Relators also filed an interlocutory appeal of the same order and denial, which we have docketed as Case Number 01-25-00454-CV. Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 2 of 3 PageID# 591
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Cyberlux Corporation and Mark D. Schmidt Appellate case number: 01-25-00455-CV Trial court case number: 2024-48085 Trial court: 129th District Court of Harris County Relators Cyberlux Corporation and Mark D. Schmidt filed a petition for writ of mandamus regarding the trial court’s May 22, 2025 Order Appointing Receiver and June 12, 2025 oral denial of Relator’s Emergency Motion to Stay or Otherwise Suspend Order Appointing Receiver.1 Relators have also filed a Motion for Expedited Appeal and Request for Emergency Temporary Stay (“Emergency Motion”) , requesting we stay the May 22, 2025 Order because the subject judgment has allegedly been satisfied, Cyberlux Corporation is struggling to operate with the order in effect, and Mark D. Schmidt never should have been included in the order. On June 24, 2025, the Court requested Real Parties in Interest file a response to the Emergency Motion on or before noon on Monday June 30, 2025 and file a response to the petition for writ of mandamus on or before Monday July 21, 2025. On June 28, 2025, the Receiver, Robert Berleth, filed a motion requesting an extension of 14 days to file his response to the Emergency motion. On June 29, 2025, Relators filed a response opposing the motion for extension. We EXTEND the deadline for response s to the Emergency Motion, with the responses, if any, now being due on or before July 14, 2025. We also GRANT a stay of the May 22, 2025 Order while the Emergency Motion is pending, staying enforcement, utilization, or the taking actions under the authority of the 1 Relators also filed an interlocutory appeal of the same order and denial, which we have docketed as Case Number 01-25-00454-CV. Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 2 of 3 PageID# 591
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Cyberlux Corporation and Mark D. Schmidt Appellate case number: 01-25-00455-CV Trial court case number: 2024-48085 Trial court: 129th District Court of Harris County Relators Cyberlux Corporation and Mark D. Schmidt filed a petition for writ of mandamus regarding the trial court’s May 22, 2025 Order Appointing Receiver and June 12, 2025 oral denial of Relator’s Emergency Motion to Stay or Otherwise Suspend Order Appointing Receiver.1 Relators have also filed a Motion for Expedited Appeal and Request for Emergency Temporary Stay (“Emergency Motion”) , requesting we stay the May 22, 2025 Order because the subject judgment has allegedly been satisfied, Cyberlux Corporation is struggling to operate with the order in effect, and Mark D. Schmidt never should have been included in the order. On June 24, 2025, the Court requested Real Parties in Interest file a response to the Emergency Motion on or before noon on Monday June 30, 2025 and file a response to the petition for writ of mandamus on or before Monday July 21, 2025. On June 28, 2025, the Receiver, Robert Berleth, filed a motion requesting an extension of 14 days to file his response to the Emergency motion. On June 29, 2025, Relators filed a response opposing the motion for extension. We EXTEND the deadline for response s to the Emergency Motion, with the responses, if any, now being due on or before July 14, 2025. We also GRANT a stay of the May 22, 2025 Order while the Emergency Motion is pending, staying enforcement, utilization, or the taking actions under the authority of the 1 Relators also filed an interlocutory appeal of the same order and denial, which we have docketed as Case Number 01-25-00454-CV. Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 2 of 3 PageID# 591
May 22, 2025 Order by the Receiver or any other persons or entities . The Receiver and parties may continue to participate i n, and the trial court conduct, proceedings in the trial court, including proceedings to determine whether the subject judgment has been satisfied, how monies should be disbursed, and whether the receivership should be terminated. See TEX. R. APP. P. 52.10(b). It is so ORDERED. Judge’s signature: __/s/ Andrew Johnson____ Acting individually Date: ___June 30, 2025___ Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 3 of 3 PageID# 592
May 22, 2025 Order by the Receiver or any other persons or entities . The Receiver and parties may continue to participate i n, and the trial court conduct, proceedings in the trial court, including proceedings to determine whether the subject judgment has been satisfied, how monies should be disbursed, and whether the receivership should be terminated. See TEX. R. APP. P. 52.10(b). It is so ORDERED. Judge’s signature: __/s/ Andrew Johnson____ Acting individually Date: ___June 30, 2025___ Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 3 of 3 PageID# 592
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Cyberlux Corporation and Mark D. Schmidt Appellate case number: 01-25-00455-CV Trial court case number: 2024-48085 Trial court: 129th District Court of Harris County Relators Cyberlux Corporation and Mark D. Schmidt filed a petition for writ of mandamus regarding the trial court’s May 22, 2025 Order Appointing Receiver and June 12, 2025 oral denial of Relator’s Emergency Motion to Stay or Otherwise Suspend Order Appointing Receiver.1 Relators have also filed a Motion for Expedited Appeal and Request for Emergency Temporary Stay (“Emergency Motion”) , requesting we stay the May 22, 2025 Order because the subject judgment has allegedly been satisfied, Cyberlux Corporation is struggling to operate with the order in effect, and Mark D. Schmidt never should have been included in the order. On June 24, 2025, the Court requested Real Parties in Interest file a response to the Emergency Motion on or before noon on Monday June 30, 2025 and file a response to the petition for writ of mandamus on or before Monday July 21, 2025. On June 28, 2025, the Receiver, Robert Berleth, filed a motion requesting an extension of 14 days to file his response to the Emergency motion. On June 29, 2025, Relators filed a response opposing the motion for extension. We EXTEND the deadline for response s to the Emergency Motion, with the responses, if any, now being due on or before July 14, 2025. We also GRANT a stay of the May 22, 2025 Order while the Emergency Motion is pending, staying enforcement, utilization, or the taking actions under the authority of the 1 Relators also filed an interlocutory appeal of the same order and denial, which we have docketed as Case Number 01-25-00454-CV. Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 2 of 3 PageID# 591
Temporary restriction on enforcement is not dissolution of receivership or a finding that judgment is satisfied; express continued-proceedings permission must accompany any account of the stay.
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EXHIBIT 10 Case 3:25-cv-00483-JAG Document 41-10 Filed 08/04/25 Page 1 of 3 PageID# 590
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