17July2025 levy;22May2025 appointment certified23May;30June2025 appellate stay; EDVA41-11.
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EXHIBIT 11 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 1 of 37 PageID# 593
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EXHIBIT 11 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 1 of 37 PageID# 593
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 15 of 37 PagelD# 607 Cause No. 202448085 aircraft to conduct surveillance of the Debtor's property held in custodia legis, and such operations are deemed essential for the safety of the Receiver in his official duties under Tex. Gov. Code § 423.002(a); 27) Disable or remove non-exempt property. The Receiver may disable or remove non- exempt property belonging to a Debtor or place the property into storage; insure any property taken into his possession; obtain such writs as Receiver deems necessary to obtain possession; and change the locks to premises belonging to the Debtor. Receiver has no duty to take these actions, or to maintain, guard, or insure property taken into custodia legis, or to maintain or pay any lease, nor shall Receiver be required to pay any mortgage, lien or assessment, defend against any lawsuit, pay any tax or fee, file tax returns, maintain any insurance coverage, or have any obligation except as specifically ordered. 28) Assume property is not exempt. A Receiver may assume Debtor's property is not exempt, until the person claiming the exemption files a statement that claims the exemption, cites the legal and factual grounds for the exemption, and describes the property with sufficient specificity that a constable can levy upon it. If there be any dispute whether an asset is exempt or belongs to a Debtor, Receiver may take custody of the asset until the Court determines the rights of those claiming an interest in the asset. Objections to the Receiver's assumption must be made to this Court within 21 days of collection; 29) Personal Property Rights of Judgment Debtor. Receiver must comply with Texas Rule of Civil Procedure 679b. 30) Receiver to Hold Property. Receiver must not disburse funds to Judgment Certified Document Number: 120719480 - Page 12 of 31 Creditor or sell property within 14 days after serving Judgment Debtor with the Notice of Protected Property Rights, the Instructions for Protected Property Claim Form, and the Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 12 of 20 Order Appointing Receiver
EDVA41-11 filed4August2025 contains17July2025 signed RobertBerleth levy letter toHIIMissionTechnologies/TimMcAtee, copying ClarkBelote as HII counsel. It demands immediate seizure and forwarding of funds or tangible items held forCyberlux. No HII response, delivery receipt or resulting transfer appears.
EXHIBIT 11 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 1 of 37 PageID# 593
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 20 of 37 PagelD# 612 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 number. 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
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 21 of 37 PagelD# 613 Cause No. 202448085 b. By first class mail to Debtor and every person who has filed a request for notice; 50) Objection to Abandonment or Sale. Objections to the proposed abandonment or sale must state the grounds and be filed within five days after Receiver's service of the notice. a. If no objection is timely filed, Receiver may abandon the property as described in the notice, without further order. b. If an objection is timely filed, the proposed abandonment or sale must not be completed until the Court has decided the objection. 51) Retention of counsel. Receiver may employ counsel, at not more than $300.00 per hour, for representation and assistance in the prosecution of this order. 52) Ancillary Litigations. Receiver does not have to defend or prosecute any litigation regarding the Debtor, but may intervene in any litigation for any party to this litigation. 53) Receivers Fees. The Receiver's fees and expenses are considered costs of court. Competent and experienced receivers are rare and the time and effort required by a receiver to keep time, apply for fees and the lag between filing for fees and being paid and that the fees earned would be at an ordinary rate. Not being paid at the time of or shortly after rendering of services would inhibit the recruitment of experienced receivers. Given the chances of no recovery, contingent fees are the most economical fee schedule. The costs of proving an hourly fee could easily exceed the original judgment. A contingency fee is the only way that plaintiff can afford a receiver. Debtor has not tried to pay the judgment. The costs of proving an hourly fee are prohibitive. Therefore, the Receiver is entitled to a fee equal to 25% of all sales of assets that come into his actual, constructive, or legal possession, and all recoveries and credits against the Certified Document Number: 120719480 - Page 18 of 31 judgment. Upon hearing, and once the Rohrmoos Ventures 12 elements have been proven, the Court 12 Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469, 490 (Tex. 2019) "To assist district courts in awarding attorney's fees, the Fifth Circuit in Johnson v. Georgia Highway Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 18 of 20 Order Appointing Receiver
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 22 of 37 PagelD# 614 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 attorney, 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'. 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 held 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." 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 feeiạ 13 Id. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 19 of 20 Order Appointing Receiver
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 24 of 37 PagelD# 616 Exhibit A Documents Ordered to be Delivered to Receiver, at His Office, Within Ten Days of Receipt of the Order Appointing Receiver Definitions and instructions. 1) Time Periods. All time periods are for the three years before this order was signed, unless otherwise stated. Continuing duty to supplement. The turnover order is continuing and must be supplemented. Should a defendant or witness come into possession, custody, or control of anything that was ordered turned over or produced, that person must turn over the item within ten days. Definitions: a. "Order" means the turnover order in this caseorder. b. "Account Information" means the login, username or other account identifier with all passwords associated with accessing the accounts. c. "Contact Information,' "telephone number,' and "address,' mean that person's full name, nick names, d/b/a's, and all addresses (including work and residence), all telephone numbers (including home, office, fax, pager, and cell numbers), and e-mail, Facebook, social networking, and web site addresses. If any of the information is lacking, provide the Contact Information for every person believed to be able to provide the missing information. d. 'Defendant" includes every judgment defendant and every spouse or ex-spouse of the judgment defendant within three years of signing the order. e. "Copies" means complete, legible copies. Illegible copies are to be provided, with a notation showing where legible copies can be found. "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
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 26 of 37 PagelD# 618 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. †. 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 information; 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; c. 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
AndrewJohnson acting individually signed30June2025 appellate order01-25-00455-CV: stays22May order while emergency motion pending, extends emergency responses to14July, and preserves trial-court proceedings on satisfaction, disbursement and termination. Separate21July mandamus response date and related01-25-00454appeal are noted. Stay is not itself satisfaction or receivership termination.
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 41-11 Filed 08/04/25 Page 36 of 37 PageID# 628
Letter quotes appellate permission for trial-court proceedings on satisfaction, disbursement and termination, and asserts levy comports with both orders. Enclosed30June order separately stays enforcement, utilisation and actions under22May appointment while emergency motion remains pending; the letter does not quote that operative prohibition.
9950 Cypresswood Dr., Suite 200 * Houston, TX 77070 Robert Berleth PH: 713.588.6900 * F: 713.481.0894 rberleth@berlethlaw.com Serious. Collections. Attorneys. July 17, 2025 HII Mission Technologies Corp, Attn: Tim McAtee 8350 Broad St., Ste. 1400, McLean, VA 22102 Via email: timothy.mcatee@hii.com Re: Cause No. 202448085 styled Atlantic Wave Holdings, LLC and Secure Community, LLC v. Cyberlux Corporation, and Mark Daniel Schmidt, in the 129th Judicial District in and for Harris County County, Texas. Mr. McAtee, In the most welcoming and friendly tone possible, this is a formal notice of a levy to HII Mission Technologies Corporation (“HII”), regarding any and all funds held for the benefit of or payable to the attached Order Appointing Receiver, specifically payable to Cyberlux Corporation (“Cyberlux”). The order from the first court of appeals specifically and directly allows the Receiver to “continue to participate in, 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).” This levy demand letter comports with both orders. In accordance with the enclosed order, this is a formal levy request for HII to immediately seize and forward to my offices any funds or tangible items held by your organization for: “Defendant(s)” or “Judgment Debtor(s)”, collectively and individually refers to the following Debtors: Cyberlux Corporation, 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 TIN: 91-2048978 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 2 of 37 PageID# 594
Enclosed20-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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 4 of 37 PagelD# 59/2025 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 APREX ATLANTIC WAVE HOLDINGS, LLC IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants, Judgment-Debtors. HARRIS COUNTY, TEXAS ORDER APPOINTING RECEIVER On the date of entry below, this Court considered Judgment Creditors post-judgment Application for Turnover relief and to Appoint a Receiver, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Judgment Creditors may aid from this action. The Court DEFINES that: 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, 1X 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 Visual: filed4/1/2025 4:40PM, processing4/1/2025 5:58PM; not signing date.
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 5 of 37 PagelD# 597 Cause No. 202448085 2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the following Debtors: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 TIN: 8978 ACCURINT (LEXIS) ID: 0000-3811-1939 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: -0622 D.O.B. February 1965 ACCURINT (LEXIS) ID: 0022-6993-6159 "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
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, subsequently subject to enclosed stay.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 7 of 37 PagelD# 599 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, or "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 Receiver 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 Receiver 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 has no effect upon the Receivership and the accomplishment of its purposes.? Certified Document Number: 120719480 - Page 4 of 31 3 First Southern Properties, Inc. v. Vllone, 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. 7 T.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
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 8 of 37 PagelD# 600 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
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 13 of 37 PagelD# 605 Cause No. 202448085 Powers GRANTED unto the Receiver by this Court: 25) Possession. The Receiver may take possession of Debtor's non-exempt property in Debtor's actual or constructive possession, custody, or control, including but not limited to the items described in Exhibit "A". The Receiver may secure control over all non-exempt property and engage in presale activities, including appraisals, evaluations, listing and advertising agreements. Receiver may transfer title into the receivership or place a hold on the title of personal and intangible property, including but not limited to: a. All patents, trademarks, service marks, copyrights, websites, and domain names; b. All documents or records, including financial records, related to such property that is in actual or constructive possession of the Debtors; c. All financial accounts (bank accounts), certificates of deposit, money-market accounts, and accounts held by any third party; d. All federal and state tax returns filed or prepared by or on behalf of the Debtors for the past five (5) years; e. All non-exempt vehicles, to include boats, motor vehicles, cars, trucks, utility vehicles, recreation vehicles, aircraft, trailers, or other wheeled vehicles; f. All real property owned or rented by any Debtor or Debtor's agent or assigns in part or whole; g. All securities; h. All gifts, inheritances, or divisions of property; Certified Document Number: 120719480 - Page 10 of 31 i. All safety deposit boxes, safes, lock boxes, or vaults; j. All cash; k. All negotiable instruments, including promissory notes, drafts, and checks; Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 10 of 20 Order Appointing Receiver
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 15 of 37 PagelD# 607 Cause No. 202448085 aircraft to conduct surveillance of the Debtor's property held in custodia legis, and such operations are deemed essential for the safety of the Receiver in his official duties under Tex. Gov. Code § 423.002(a); 27) Disable or remove non-exempt property. The Receiver may disable or remove non- exempt property belonging to a Debtor or place the property into storage; insure any property taken into his possession; obtain such writs as Receiver deems necessary to obtain possession; and change the locks to premises belonging to the Debtor. Receiver has no duty to take these actions, or to maintain, guard, or insure property taken into custodia legis, or to maintain or pay any lease, nor shall Receiver be required to pay any mortgage, lien or assessment, defend against any lawsuit, pay any tax or fee, file tax returns, maintain any insurance coverage, or have any obligation except as specifically ordered. 28) Assume property is not exempt. A Receiver may assume Debtor's property is not exempt, until the person claiming the exemption files a statement that claims the exemption, cites the legal and factual grounds for the exemption, and describes the property with sufficient specificity that a constable can levy upon it. If there be any dispute whether an asset is exempt or belongs to a Debtor, Receiver may take custody of the asset until the Court determines the rights of those claiming an interest in the asset. Objections to the Receiver's assumption must be made to this Court within 21 days of collection; 29) Personal Property Rights of Judgment Debtor. Receiver must comply with Texas Rule of Civil Procedure 679b. 30) Receiver to Hold Property. Receiver must not disburse funds to Judgment Certified Document Number: 120719480 - Page 12 of 31 Creditor or sell property within 14 days after serving Judgment Debtor with the Notice of Protected Property Rights, the Instructions for Protected Property Claim Form, and the Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 12 of 20 Order Appointing Receiver
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.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 16 of 37 PagelD# 608 Cause No. 202448085 Protected Property Claim Form approved by the Supreme Court, or within 17 days if service was by mail. If the Judgment Debtor asserts an exemption, Receiver may only disburse funds to Judgment Creditor or sell property with Judgment Debtor's written consent or a court order. 31) Disputes. If there be any dispute whether an asset is non-exempt, or property of a Debtor, the Receiver is authorized to take custody of the asset until the Court can determine the rights of those claiming interests in the asset. The Court may require a disputing party to post a bond to cover the Receiver's efforts in the dispute. 32) Real Property Sale. All real property sales must be individually ordered, after notice and hearing. 33) Objections. All objections to (i) this order, (ii) the bond amount, including its sufficiency, (iii) all affidavits that support or relate to this order, (iv) Receiver's qualifications, and (v) every issue relating to this order, are waived if they are not filed within twenty days of the service on or notice of this order to Debtor or his counsel. 34) Redirect Postal Mail. The Receiver may redirect, read, and copy Debtor's mail, whether electronic, paper, or facsimile, or otherwise, and whether sent to a street address, telephone line, post office box, or via the internet, before and exclusive of receipt. The Receiver may establish procedures for allowing Debtors to retrieve the mail, or copies, which includes making copies available to the Debtor electronically. 35) Obtain credit reports. The Receiver may obtain credit reports, financial institution statements, and other reports to aid in locating assets. Receiver may order Consumer Reporting Certified Document Number: 120719480 - Page 13 of 31 Agencies, as defined by the Fair Credit Reporting Act (IFCRAI) 16 USC §1681b(f) to provide consumer reports on Debtors and witnesses as allowed under FCRA 16 USC §1681b(a) (1). Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 13 of 20 Order Appointing Receiver
9950 Cypresswood Dr., Suite 200 * Houston, TX 77070 Robert Berleth PH: 713.588.6900 * F: 713.481.0894 rberleth@berlethlaw.com Serious. Collections. Attorneys. July 17, 2025 HII Mission Technologies Corp, Attn: Tim McAtee 8350 Broad St., Ste. 1400, McLean, VA 22102 Via email: timothy.mcatee@hii.com Re: Cause No. 202448085 styled Atlantic Wave Holdings, LLC and Secure Community, LLC v. Cyberlux Corporation, and Mark Daniel Schmidt, in the 129th Judicial District in and for Harris County County, Texas. Mr. McAtee, In the most welcoming and friendly tone possible, this is a formal notice of a levy to HII Mission Technologies Corporation (“HII”), regarding any and all funds held for the benefit of or payable to the attached Order Appointing Receiver, specifically payable to Cyberlux Corporation (“Cyberlux”). The order from the first court of appeals specifically and directly allows the Receiver to “continue to participate in, 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).” This levy demand letter comports with both orders. In accordance with the enclosed order, this is a formal levy request for HII to immediately seize and forward to my offices any funds or tangible items held by your organization for: “Defendant(s)” or “Judgment Debtor(s)”, collectively and individually refers to the following Debtors: Cyberlux Corporation, 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 TIN: 91-2048978 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 2 of 37 PageID# 594
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 5 of 37 PagelD# 597 Cause No. 202448085 2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the following Debtors: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 TIN: 8978 ACCURINT (LEXIS) ID: 0000-3811-1939 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: -0622 D.O.B. February 1965 ACCURINT (LEXIS) ID: 0022-6993-6159 "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
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 23 of 37 PagelD# 615 Cause No. 202448085 55) Attorney's fees. The Court takes judicial notice of the time that is reasonable and necessary for obtaining this order, and Debtor is ordered to pay Creditor $1,750 in attorney's fees for obtaining this order. Additional fees may be awarded, after notice and hearing. 56) Receiver's Final Accounting. The Receiver shall promptly file a final accounting with a motion to close the receivership. Should no collection be made against the Debtor after reasonable attempts by the Receiver, the Creditor shall reimburse the Receiver a sum of $1,500 plus reasonable and necessary expenses upon the Court granting the Receiver's motion to close the receivership. BE IT SO ORDERED. Any and all further relief not expressly stated herein is denied. Signed and Dated: signed: Michael long 5/22/2025 Hon. Michael Gomez JUDGE PRESIDING Approved as to form and substance: RIBAR Berleth & Associates Robert W. Berleth Texas Bar # 24091860 SDOT #: 3062288 E-mail: rberleth@berlethlaw.com Tristian Harris Texas Bar # 24134449 E-mail: tharris@berlethlaw.com Certified Document Number: 120719480 - Page 20 of 31 9950 Cypresswood Dr. Suite 200 Tele: 713-588-6900 PROPOSED RECEIVER Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 20 of 20 Order Appointing Receiver Visual: handwritten judicial signature with printed Signed5/22/2025 and Hon.MichaelGomez; separate upper date line blank; blue receiver approval signature.
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 41-11 Filed 08/04/25 Page 37 of 37 PageID# 629
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: 31 Certified Document Number: May 23, 2025 this Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 35 of 37 PageID# 627Visual: clerk certification23May2025,120719480,total31pages.
9950 Cypresswood Dr., Suite 200 * Houston, TX 77070 Robert Berleth PH: 713.588.6900 * F: 713.481.0894 rberleth@berlethlaw.com Serious. Collections. Attorneys. July 17, 2025 HII Mission Technologies Corp, Attn: Tim McAtee 8350 Broad St., Ste. 1400, McLean, VA 22102 Via email: timothy.mcatee@hii.com Re: Cause No. 202448085 styled Atlantic Wave Holdings, LLC and Secure Community, LLC v. Cyberlux Corporation, and Mark Daniel Schmidt, in the 129th Judicial District in and for Harris County County, Texas. Mr. McAtee, In the most welcoming and friendly tone possible, this is a formal notice of a levy to HII Mission Technologies Corporation (“HII”), regarding any and all funds held for the benefit of or payable to the attached Order Appointing Receiver, specifically payable to Cyberlux Corporation (“Cyberlux”). The order from the first court of appeals specifically and directly allows the Receiver to “continue to participate in, 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).” This levy demand letter comports with both orders. In accordance with the enclosed order, this is a formal levy request for HII to immediately seize and forward to my offices any funds or tangible items held by your organization for: “Defendant(s)” or “Judgment Debtor(s)”, collectively and individually refers to the following Debtors: Cyberlux Corporation, 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 TIN: 91-2048978 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 2 of 37 PageID# 594
Notice of Levy Pg 2 of 2 July 17, 2025 Thank you for your time regarding this matter. I look forward to your response, and as always please do not hesitate to contact my offices for any questions or comments. Be well. I remain, Sincerely yours, Robert Berleth APPOINTED RECEIVER ENCLOSURES (2): 1) ORDER OF TURNOVER AND RECEIVERSHIP 2) FIRST COURT OF APPEALS ORDER DATED JUNE 30, 2025 Cc: Kaufman & Canoles, P.C. Counsel for HII Attn: Clark J. Belote via email 150 W. Main St., Ste. 2100 Norfolk, VA 23510 RB:sd Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 3 of 37 PageID# 595
Notice of Levy Pg 2 of 2 July 17, 2025 Thank you for your time regarding this matter. I look forward to your response, and as always please do not hesitate to contact my offices for any questions or comments. Be well. I remain, Sincerely yours, Robert Berleth APPOINTED RECEIVER ENCLOSURES (2): 1) ORDER OF TURNOVER AND RECEIVERSHIP 2) FIRST COURT OF APPEALS ORDER DATED JUNE 30, 2025 Cc: Kaufman & Canoles, P.C. Counsel for HII Attn: Clark J. Belote via email 150 W. Main St., Ste. 2100 Norfolk, VA 23510 RB:sd Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 3 of 37 PageID# 595
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 5 of 37 PagelD# 597 Cause No. 202448085 2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the following Debtors: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 TIN: 8978 ACCURINT (LEXIS) ID: 0000-3811-1939 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: -0622 D.O.B. February 1965 ACCURINT (LEXIS) ID: 0022-6993-6159 "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
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 5 of 37 PagelD# 597 Cause No. 202448085 2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the following Debtors: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 TIN: 8978 ACCURINT (LEXIS) ID: 0000-3811-1939 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: -0622 D.O.B. February 1965 ACCURINT (LEXIS) ID: 0022-6993-6159 "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
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 4 of 37 PagelD# 59/2025 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 APREX ATLANTIC WAVE HOLDINGS, LLC IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants, Judgment-Debtors. HARRIS COUNTY, TEXAS ORDER APPOINTING RECEIVER On the date of entry below, this Court considered Judgment Creditors post-judgment Application for Turnover relief and to Appoint a Receiver, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Judgment Creditors may aid from this action. The Court DEFINES that: 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, 1X 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 Visual: filed4/1/2025 4:40PM, processing4/1/2025 5:58PM; not signing date.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 4 of 37 PagelD# 59/2025 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 APREX ATLANTIC WAVE HOLDINGS, LLC IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., Plaintiffs, Judgment-Creditors, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants, Judgment-Debtors. HARRIS COUNTY, TEXAS ORDER APPOINTING RECEIVER On the date of entry below, this Court considered Judgment Creditors post-judgment Application for Turnover relief and to Appoint a Receiver, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Judgment Creditors may aid from this action. The Court DEFINES that: 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, 1X 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 Visual: filed4/1/2025 4:40PM, processing4/1/2025 5:58PM; not signing date.
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 5 of 37 PagelD# 597 Cause No. 202448085 2) "Defendant(s)" or "Judgment Debtor(s)", collectively and individually refers to the following Debtors: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 TIN: 8978 ACCURINT (LEXIS) ID: 0000-3811-1939 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: -0622 D.O.B. February 1965 ACCURINT (LEXIS) ID: 0022-6993-6159 "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
Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 23 of 37 PagelD# 615 Cause No. 202448085 55) Attorney's fees. The Court takes judicial notice of the time that is reasonable and necessary for obtaining this order, and Debtor is ordered to pay Creditor $1,750 in attorney's fees for obtaining this order. Additional fees may be awarded, after notice and hearing. 56) Receiver's Final Accounting. The Receiver shall promptly file a final accounting with a motion to close the receivership. Should no collection be made against the Debtor after reasonable attempts by the Receiver, the Creditor shall reimburse the Receiver a sum of $1,500 plus reasonable and necessary expenses upon the Court granting the Receiver's motion to close the receivership. BE IT SO ORDERED. Any and all further relief not expressly stated herein is denied. Signed and Dated: signed: Michael long 5/22/2025 Hon. Michael Gomez JUDGE PRESIDING Approved as to form and substance: RIBAR Berleth & Associates Robert W. Berleth Texas Bar # 24091860 SDOT #: 3062288 E-mail: rberleth@berlethlaw.com Tristian Harris Texas Bar # 24134449 E-mail: tharris@berlethlaw.com Certified Document Number: 120719480 - Page 20 of 31 9950 Cypresswood Dr. Suite 200 Tele: 713-588-6900 PROPOSED RECEIVER Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 20 of 20 Order Appointing Receiver Visual: handwritten judicial signature with printed Signed5/22/2025 and Hon.MichaelGomez; separate upper date line blank; blue receiver approval signature.
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: 31 Certified Document Number: May 23, 2025 this Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 35 of 37 PageID# 627Visual: clerk certification23May2025,120719480,total31pages.
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 41-11 Filed 08/04/25 Page 36 of 37 PageID# 628
9950 Cypresswood Dr., Suite 200 * Houston, TX 77070 Robert Berleth PH: 713.588.6900 * F: 713.481.0894 rberleth@berlethlaw.com Serious. Collections. Attorneys. July 17, 2025 HII Mission Technologies Corp, Attn: Tim McAtee 8350 Broad St., Ste. 1400, McLean, VA 22102 Via email: timothy.mcatee@hii.com Re: Cause No. 202448085 styled Atlantic Wave Holdings, LLC and Secure Community, LLC v. Cyberlux Corporation, and Mark Daniel Schmidt, in the 129th Judicial District in and for Harris County County, Texas. Mr. McAtee, In the most welcoming and friendly tone possible, this is a formal notice of a levy to HII Mission Technologies Corporation (“HII”), regarding any and all funds held for the benefit of or payable to the attached Order Appointing Receiver, specifically payable to Cyberlux Corporation (“Cyberlux”). The order from the first court of appeals specifically and directly allows the Receiver to “continue to participate in, 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).” This levy demand letter comports with both orders. In accordance with the enclosed order, this is a formal levy request for HII to immediately seize and forward to my offices any funds or tangible items held by your organization for: “Defendant(s)” or “Judgment Debtor(s)”, collectively and individually refers to the following Debtors: Cyberlux Corporation, 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 TIN: 91-2048978 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 2 of 37 PageID# 594
The receiver may have read permission for disbursement proceedings as preserving levy authority; alternatively a later unprovided ruling may have changed the stay, or the demand may exceed the operative authority. Docket and communications would discriminate; this source alone does not decide.
The levy letter uses permission to participate in court proceedings as support for an immediate third-party seizure demand, although its own enclosure stays enforcement actions. This is a concrete authority-scope tension; a later disposition of the emergency motion could alter the operative position and is not supplied.
Historical appointment powers, fee schedules and document demands cannot be treated as evidence of realised collections, owned assets or final fee allowance. Enclosed stay and service/proof conditions must travel with any extracted authority record.
The letter recites the permission for trial-court proceedings without reciting the stay of enforcement in the same enclosed order; the full limitation remains available in the attachment. This is a textual omission, not a finding of deceptive intent.
9950 Cypresswood Dr., Suite 200 * Houston, TX 77070 Robert Berleth PH: 713.588.6900 * F: 713.481.0894 rberleth@berlethlaw.com Serious. Collections. Attorneys. July 17, 2025 HII Mission Technologies Corp, Attn: Tim McAtee 8350 Broad St., Ste. 1400, McLean, VA 22102 Via email: timothy.mcatee@hii.com Re: Cause No. 202448085 styled Atlantic Wave Holdings, LLC and Secure Community, LLC v. Cyberlux Corporation, and Mark Daniel Schmidt, in the 129th Judicial District in and for Harris County County, Texas. Mr. McAtee, In the most welcoming and friendly tone possible, this is a formal notice of a levy to HII Mission Technologies Corporation (“HII”), regarding any and all funds held for the benefit of or payable to the attached Order Appointing Receiver, specifically payable to Cyberlux Corporation (“Cyberlux”). The order from the first court of appeals specifically and directly allows the Receiver to “continue to participate in, 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).” This levy demand letter comports with both orders. In accordance with the enclosed order, this is a formal levy request for HII to immediately seize and forward to my offices any funds or tangible items held by your organization for: “Defendant(s)” or “Judgment Debtor(s)”, collectively and individually refers to the following Debtors: Cyberlux Corporation, 800 Park Offices Drive, Suite 3209 Research Triangle Park, NC 27709 TIN: 91-2048978 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 2 of 37 PageID# 594
Complete supplied 37-page source reviewed at SHA-256 b872d76345336e41cd3117bc671d60ded92e28dfcd97fbaeffa2adfad1e8bfd0. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Own exact SHA256 b872d76345336e41cd3117bc671d60ded92e28dfcd97fbaeffa2adfad1e8bfd0 verified; complete own-source text and all rendered pages read. Page-level corrections explicitly attributed; no absent document or performed act inferred.
EXHIBIT 11 Case 3:25-cv-00483-JAG Document 41-11 Filed 08/04/25 Page 1 of 37 PageID# 593
Where are the oath, protected-property service, actual collection ledger, fee-proof hearing and final accounting required to establish performed acts and allowed amounts?
CONNECT
The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.
Same31-page certifieddocument120719480 and22May signature, separately dated certification; not independent merits corroboration.
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WEIGH
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The active Website Edition contains no applied score snapshot for this source or its connected objects. That means not assessed—not zero.