claimallegation
Statutory Authority for Receiver
Defense counsel asserts that the receiver statute authorizes a receiver to take possession of nonexempt property, sell it, and pay proceeds to judgment creditor to satisfy the judgment
Read the anchor · page 3
receiver statute states that the Court may appoint a receiver with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment. That's what the statute says.
claimallegation
Receiver Order Exceeds Statutory Scope
Defense counsel claims the proposed receiver order does not comply with statutory limitations and grants excessive investigative powers
Read the anchor · page 3
This order does not do that. This order allows the receiver lots of powers. And, basically, he can go on a wild goose chase, look at everything. What's the point of the
entityobservation
Cyberlux Corporation
Plaintiff entity in the lawsuit, appearing as party to the proceedings
Read the anchor · page 2
CYBERLUX CORPORATION AND
entityobservation
Judge Michael Gomez
Presiding judge in the 129th Judicial District Court hearing the case
Read the anchor · page 2
Honorable Michael Gomez, Judge Presiding
entityobservation
Katherine Clark
Attorney of record, represented by Frankie Huff in the efiling certificate
Read the anchor · page 6
Frankie Huff on behalf of Katherine Clark
entityobservation
Jennifer Gajevsky
Official Court Reporter for the 129th District Court certifying the transcript
Read the anchor · page 5
I, Jennifer Gajevsky, Official Court Reporter in and for the 129th District Court of Harris, State of Texas
eventattribution
Receiver Appointment Hearing
Hearing held on January 16, 2024, concerning the appointment of a receiver in case 2024-48085
Read the anchor · page 2
HEARING On the 16TH day Of January, 2025, the following proceedings came on to be held in the above-titled and numbered cause
eventattribution
Court Grants Receiver Application
Judge Gomez grants the application to appoint a receiver, while indicating the order requires amendment
Read the anchor · page 3
THE COURT : Okay. So before you do that, the Court is going to grant the application and appoint a receiver. We need to -- we talked about fixing the order and amending it to address the concerns that were raised before. And so what the Court currently has is not what I'm going to enter.
eventattribution
Filing of Defense Response
Defense files response to plaintiff's request for emergency hearing on February 7, 2025
Read the anchor · page 6
Filing Description: Defs Response to Plfs Request for Emergency Hearing Status as of 2/7/2025 3:22 PM CST
observationobservation
Court Grants Application with Order Revision
Judge Gomez explicitly states intent to grant receiver application while acknowledging need for order amendments
Read the anchor · page 3
THE COURT : Okay. So before you do that, the Court is going to grant the application and appoint a receiver. We need to -- we talked about fixing the order and amending it to address the concerns that were raised before. And so what the Court currently has is not what I'm going to enter.
observationobservation
Defense Counsel's Statutory Interpretation
Ms. Clark articulates the statutory limits on receiver authority
Read the anchor · page 3
receiver statute states that the Court may appoint a receiver with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment. That's what the statute says.
distillateobservation