The evidence/GT-S-4B59C126561A

Context source · GT-S-4B59C126561A

Order Granting Temporary Restraining Order and Appointing Receiver

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Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.

observationobservation

Caption 2025-41073; later running number 202448085; envelope 101911236; June 11, 2025 signature.

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
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Page 2 handwritten Receiver substitution and page 6 cancelled paragraph 11.

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Cause No. 202448085 The Court finds the relief granted herein is not adverse to the public or Cyberlux's interest and the harm the Plaintiff's and other Plaintiffs may suffer without equitable relief greatly outweighs any hardship that may result to Cyberlux. Without this Temporary Restraining Order, the Plaintiff has no adequate remedy at law for the relief requested. There is no prejudice to Cyberlux by having a Receiver in place. The Clerk of this Court shall issue this Temporary Restraining Order immediately for service upon Defendant. For this Temporary Restraining Order to issue, Plaintiffs shall be required to post a bond in the amount of $100. For this Temporary Restraining Order to issue, [Plaintiffs struck through; handwritten replacement: Receiver] shall be required to post a bond in the amount of $1000. This Temporary Restraining Order shall continue in full force and effect until 1:30 p.m. on the 19th day of June 2025, at which time the Court will consider Plaintiff's Application for a Temporary Injunction, enjoining Defendant and their respective agents, employees, representatives, and attorneys from the same conduct until final hearing in this cause. The Court DEFINES that: 1) "Plaintiff(s)" or "Judgment Plaintiff" refers to PHILLIP RICK TUCKER and NEILL WHITELEY, and may be reached at the counsel of record: Daniel Ardmore Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 2 of 24 Order Appointing Receiver
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The filed 24-page order is captioned cause 2025-41073, Phillip Rick Tucker a/k/a Rick Tucker and Neill Whiteley individually v Cyberlux Corp

The filed 24-page order is captioned cause 2025-41073, Phillip Rick Tucker a/k/a Rick Tucker and Neill Whiteley individually v Cyberlux Corporation and Mark D. Schmidt individually, in the 129th Judicial District Court, Harris County. The clerk stamp is June 11, 2025 at 4:29 PM; the final page bears Judge Beau Miller’s signature and a signed June 11, 2025 stamp with handwritten 4:44 pm. These are separate filing and signing markers.

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
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Paragraph 17 gives the receiver business-management authority superseding officers/directors and addresses ownership interests and solely ow

Paragraph 17 gives the receiver business-management authority superseding officers/directors and addresses ownership interests and solely owned entities. Paragraph 18 expressly says this receivership shall not become active until the prior receivership terminates. The broad management language is subject to that activation condition; termination is not proved here.

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Cause No. 202448085 h. If Defendant believes that the Receiver's demands are inappropriate, the Defendant must first comply, then seek protection from the Court. Defendants seeking protection must set the matter for the earliest possible hearing date, after giving full notice to the Receiver and attempting to resolve the issues. 17) Conduct and Disposition of Entities. If Defendant is an individual, all legal right, title and ownership of any limited partnership interest, partnership interest, stock, or membership interest it has in any entity and business entity of that Defendant is divested from the individual and placed in custodia legis with the Receiver. If the Defendant is the sole owner of that entity or business, all management authority is vested in the Receiver as if Receiver were the Receiver over that entity. If the Respondent is a business entity, all authority and power of the Defendant in the management of the entity is vested in the Receiver and no decision may be made or carried out without the express approval of the Receiver. This order supersedes the authority of any officers, directors or managers of the business entity Defendant. 18) No Serial Receiverships. The first receivership order signed controls. The Court, as of the date of signing this order, has knowledge of the existing receivership, and this receivership shall not become active until the existing 8 Chitex Communication v. Kramer, 168 B.R. 587, 590 (S.D. Tex. 1994) "the president of an insolvent corporation had no authority to affect the corporation's property interests once a state court had placed it into receivershipẠạ 9 Id. "Texas law asserts that Receiver has the full rights that the corporation had." Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 10 of 24 Order Appointing Receiver
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Paragraph 19 enjoins specified defendants and affiliated persons from litigation against the receiver or firm outside this court. It is the

Paragraph 19 enjoins specified defendants and affiliated persons from litigation against the receiver or firm outside this court. It is the order’s restraint, not evidence that a particular later claim was prohibited or dismissed.

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Cause No. 202448085 receivership terminates. The assets are in the control of the court for the first receivership. Thus, they are not available to the court ordering a later receivership. The Receiver may obtain permission from this and other courts to satisfy several judgments against the same Defendant. The Receiver may notice other subsequent receiverships or their controlling court of this receivership and may take legal actions necessary to quash subsequent receiverships 19) Claims against Receiver: This Order Senjoins CYBERLUX CORPORATION and MARK D. SCHMIDT, individually and each and all of their past, present, and future parents, subsidiaries, affiliates, owners, members, partners, directors, officers, employees, agents, attorneys, predecessors, successors, transferees, assigns, and other representatives from filing, maintaining, prosecuting, or appealing any litigation against the Receiver or his law firm outside of this Court. REMAINDER OF THIS PAGE INTENTIONALLY BLANK 1º Barrera v. State, 130 S.W.3d. 253 (Tex.App.--Houston [14th Dist.] 2004, no pet.) Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 11 Of 24 Order Appointing Receiver
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Paragraph 20 enumerates property and information classes including intellectual property and domains, records, financial accounts, five year

Paragraph 20 enumerates property and information classes including intellectual property and domains, records, financial accounts, five years of tax returns, vehicles, real estate, securities, gifts/inheritances, safe-deposit contents, cash/instruments, claims and contract rights, receivables, leases, entities and ownership interests, personal/business accounts, jewellery and precious metals. Enumeration does not prove those assets exist or belong to defendants.

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Cause No. 202448085 Powers GRANTED unto the Receiver by this Court: 20) Possession. The Receiver may take possession of Defendant's non- exempt property in Defendant'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 Defendants; c. All financial acéounts (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 Defendants for the past five (5) years; 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 Defendant or Defendant's agent or assigns in part or whole; Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 12 of 24 Order Appointing Receiver
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Paragraphs 21–22 authorise entry, reasonable destructive access, locks, unmanned-aircraft surveillance for receiver safety, disabling/removi

Paragraphs 21–22 authorise entry, reasonable destructive access, locks, unmanned-aircraft surveillance for receiver safety, disabling/removing/storing property and writs. They disclaim duties to maintain, guard or fund insurance, rent or mortgages except as ordered. No actual entry, surveillance or seizure is recorded.

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Cause No. 202448085 v. All bank accounts owned, possessed, controlled by, or in the name of and Defendant by corporate affiliation; w. All diamonds, gems, and other precious stones, gold, silver, platinum, and all other precious metals, watches, and jewelry; 21) Access to Property. The Receiver may take all actions to gain access to and enter all real property, leased premises, storage facilities, and safe deposit boxes where non-exempt property, or records of a Defendant may be situated, and to seize the contents. The Receiver may employ reasonable destructive means to bypass or gain access to lockboxes, safes, security systems, or any other area he reasonably believes contains non-exempt assets within any real property or associated curtilage owned or controlled by any Defendant. The Receiver may change locks to all premises at which any property is situated. The Receiver may operate an unmanned aircraft to conduct surveillance of the Defendant'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); 22) Disable or remove non-exempt property. The Receiver may disable or remove non-exempt property belonging to a Defendant 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 Defendant. 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, Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 14 of 24 Order Appointing Receiver
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Paragraphs 23–28 provide a non-exempt presumption pending particularised objection within 21 days of collection, TRCP 679b protections, no s

Paragraphs 23–28 provide a non-exempt presumption pending particularised objection within 21 days of collection, TRCP 679b protections, no sale/disbursement for 14 days after protected-property notices or 17 by mail, and restriction after an exemption assertion absent written consent or court order. Disputed ownership/property remains for court resolution; real-property sale requires an individual order after hearing. A separate general objection window is 20 days from service/notice.

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Cause No. 202448085 detend against any lawsuit, pay any tax or fee, file tax returns, maintain any insurance coverage, or have any obligation except as specifically ordered. 23) Assume property is not exempt. A Receiver may assume Defendant'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 Defendant, 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; 24) Personal Property Rights of Judgment Defendant. Receiver must comply with Texas Rule of Civil Procedure 679b. 25) Receiver to Hold Property. Receiver must not disburse funds to Judgment Plaintiff or sell property within 14 days after serving Judgment Defendant with the Notice of Protected Property Rights, the Instructions for Protected Property Claim Form, and the Protected Property Claim Form approved by the Supreme Court, or within 17 days if service was by mail. If the Judgment Defendant asserts an exemption, Receiver may only disburse funds to Judgment Plaintiff or sell property with Judgment Defendant's written consent or a court order. Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 15 of 24 Order Appointing Receiver
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Paragraphs 29–40 address redirecting/copying physical and electronic mail, credit reports, third-party subpoenas, assistance, endorsing chec

Paragraphs 29–40 address redirecting/copying physical and electronic mail, credit reports, third-party subpoenas, assistance, endorsing checks except current wages, turnover writs, unclaimed funds, certified copies, service of papers, alternative service and expanded discovery. Page 17 prints the FCRA reference as 16 U.S.C.; this review preserves the printed citation without silently correcting it or adopting its legal accuracy.

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Cause No. 202448085 26) Disputes. If there be any dispute whether an asset is non-exempt, or property of a Defendant, 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. 27) Real Property Sale. All real property sales must be individually ordered, after notice and hearing. 28) Objections. All objections to (i) this order, (ii) the bond amount, including its sufficiency, (ii1) 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 Defendant or his counsel. 29) Redirect Postal Mail The Receiver may redirect, read, and copy Defendant'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 Defendants to retrieve the mail, or copies, which includes making copies available to the Defendant electronically. 3Q) 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 Agencies, as defined by the Fair Credit Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 16 of 24 Order Appointing Receiver
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Paragraph 41 allows 20 days for objections to receiver reports and states unopposed reports are deemed findings/conclusions subject to the c

Paragraph 41 allows 20 days for objections to receiver reports and states unopposed reports are deemed findings/conclusions subject to the court’s own alteration. The source contains no actual report, proof of service, objections or determination that this mechanism applied to any later report.

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Cause No. 202448085 38) Service by Receiver. The Receiver may serve Defendants by placing the documents to be served in the Defendant's mailbox, taping them to the Detendant's door, or delivering them to any adult person at the Defendant's residence or place of business. The Receiver may serve non-natural entities by placing the documents to be served in the registered agents for the entities' mailbox, taping them to the registered agent for the entities' door, or delivering them to the receptionist of the registered agent for an entity's place of business. 39) Texas Driver's License. The Receiver may obtain Defendant's and witness' driver's license records from the Texas Department of Public Safety, and all similarly named entities. Those entities are ordered to release Defendant's records to Receiver, including Defendant's photograph. 40) 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 Defendant and third parties. Upon request, Defendant must provide documents in WordPerfect, Microsoft Word, Microsoft Excel, Rich Text Format, JPEG, Adobe, or other format acceptable to Receiver, with indices. The Defendant is not entitled to serve the Receiver or Plaintiff with any type of discovery under this cause number. 41) 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 Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 19 of 24 Order Appointing Receiver
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Paragraph 42 permits whistleblower complaints and supplemental rewards, including after termination. This authority does not establish that

Paragraph 42 permits whistleblower complaints and supplemental rewards, including after termination. This authority does not establish that a complaint was filed, that a government agency adopted allegations, or that fraud or a reward entitlement was found.

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Cause No. 202448085 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. 42) Whistleblower Claims. Should suspected taxation or other fraud against the government be discovered, the Receiver may file whistleblower complaints with the appropriate local, state, or tederal authorities. Any whistleblower rewards to the Receiver may be accepted by the Receiver in addition to his fees, even after termination of the receivership. 43) 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. 44) 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 intended sale or abandonment that describes the Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 20 of 24 Order Appointing Receiver
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Paragraphs 44–45 require ten days’ notice before sale/abandonment and allow objections within five days of service; a timely objection stays

Paragraphs 44–45 require ten days’ notice before sale/abandonment and allow objections within five days of service; a timely objection stays disposition until court decision. Paragraphs 46–47 allow counsel at up to $300/hour and intervention without a duty to defend.

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Cause No. 202448085 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. 42) Whistleblower Claims. Should suspected taxation or other fraud against the government be discovered, the Receiver may file whistleblower complaints with the appropriate local, state, or tederal authorities. Any whistleblower rewards to the Receiver may be accepted by the Receiver in addition to his fees, even after termination of the receivership. 43) 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. 44) 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 intended sale or abandonment that describes the Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 20 of 24 Order Appointing Receiver
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Paragraph 48 states a 25% receiver-fee framework on sales/recoveries/credits subject to the described Rohrmoos hearing/proof, possible highe

Paragraph 48 states a 25% receiver-fee framework on sales/recoveries/credits subject to the described Rohrmoos hearing/proof, possible higher fees after hearing, and 33% if the full judgment is collected. A bankruptcy clause describes 25% of debt at filing and a secured claim conditional on a valid abstract. These provisions are not proof of an actual award, payment, perfected lien or bankruptcy allowance.

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Cause No. 202448085 property to be abandoned, its sale price, and how it will be sold or abandoned; b. By first class mail to Defendant and every person who has filed a request for notice; 45) 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. 46) 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. 47) Ancillary Litigations. Receiver does not have to defend or prosecute any litigation regarding the Defendant, but may intervene in any litigation for any party to this litigation. 48) 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 Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 21 of 24 Order Appointing Receiver
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The caption differs from the running cause number 202448085 on later pages and the Atlantic Wave footer on page 1. The order expressly refer

The caption differs from the running cause number 202448085 on later pages and the Atlantic Wave footer on page 1. The order expressly refers to prior cause 2024-48085 and states the court was advised that payment to Atlantic Wave Holdings would terminate that receivership. Preserve this internal reuse/context discrepancy; do not silently relabel the new caption.

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
claimallegation

Net funds are directed to plaintiffs’ attorney after costs, liens and set-offs. Paragraph 49 states presumptive $5,000 defence-motion fees o

Net funds are directed to plaintiffs’ attorney after costs, liens and set-offs. Paragraph 49 states presumptive $5,000 defence-motion fees or proven fees, $15,000 intermediate-appeal and $25,000 supreme-court figures in its prevailing-fee framework. Paragraph 50 states $1,750 plaintiffs’ fees. Amounts are order terms, not a payment ledger.

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Cause No. 202448085 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. Defendant 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 judgment. Upon hearing, and once the Rohrmoos Venturest elements have been proven, the Court 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 Defendant 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. 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 Express, Inc., 488 F.2d 714 (5th Cir. 1974), set out twelve factors that a court should consider in determining a reasonable feeạẠạ Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 22 of 24 Order Appointing Receiver
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Paragraph 51 directs final accounting/closure and, if no recovery, plaintiffs’ reimbursement of $1,500 plus expenses on closing. The final p

Paragraph 51 directs final accounting/closure and, if no recovery, plaintiffs’ reimbursement of $1,500 plus expenses on closing. The final page denies further relief. No final accounting, closure, collection or subsequent variation accompanies this order.

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Cause No. 202448085 49) 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 Defendant or Defendant'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 Plaintiff has to defend against an appeal to this Order Appointing Receiver, the Defendant is required to post a bond in the amount of $15,00o for an appeal to the intermediate Court of Appeals. If the Receiver or Judgment Plaintiff has to defend against an appeal to the Texas Supreme Court, the Defendant 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." 50) Attorney's fees. The Court takes judicial notice of the time that is reasonable and necessary for obtaining this order, and Defendant is ordered to pay Plaintiff $1,750 in attorney's fees for obtaining this order. Additional fees may be awarded, after notice and hearing. 51) 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 Defendant after reasonable attempts by the Receiver, the Plaintiff 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. 13 Id. Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 23 of 24 Order Appointing Receiver
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The court states a need to preserve assets, prevent pilfering or absconding, and protect plaintiffs through a pre-judgment receivership in s

The court states a need to preserve assets, prevent pilfering or absconding, and protect plaintiffs through a pre-judgment receivership in series with the existing receivership. It finds irreparable harm/no adequate remedy and Chapter 64 requirements met. These are the stated provisional-order findings, not a final adjudication of the pleaded claims or a finding of any particular procurement fraud.

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
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Page 2 requires plaintiffs to post a $100 bond. In the separate $1,000 bond sentence, Plaintiffs is struck through and Receiver inserted in

Page 2 requires plaintiffs to post a $100 bond. In the separate $1,000 bond sentence, Plaintiffs is struck through and Receiver inserted in blue. The entire paragraph 11 headed No Bond on page 6 is struck through. An operative no-bond requirement cannot be inferred from the uncancelled OCR text.

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Cause No. 202448085 The Court finds the relief granted herein is not adverse to the public or Cyberlux's interest and the harm the Plaintiff's and other Plaintiffs may suffer without equitable relief greatly outweighs any hardship that may result to Cyberlux. Without this Temporary Restraining Order, the Plaintiff has no adequate remedy at law for the relief requested. There is no prejudice to Cyberlux by having a Receiver in place. The Clerk of this Court shall issue this Temporary Restraining Order immediately for service upon Defendant. For this Temporary Restraining Order to issue, Plaintiffs shall be required to post a bond in the amount of $100. For this Temporary Restraining Order to issue, [Plaintiffs struck through; handwritten replacement: Receiver] shall be required to post a bond in the amount of $1000. This Temporary Restraining Order shall continue in full force and effect until 1:30 p.m. on the 19th day of June 2025, at which time the Court will consider Plaintiff's Application for a Temporary Injunction, enjoining Defendant and their respective agents, employees, representatives, and attorneys from the same conduct until final hearing in this cause. The Court DEFINES that: 1) "Plaintiff(s)" or "Judgment Plaintiff" refers to PHILLIP RICK TUCKER and NEILL WHITELEY, and may be reached at the counsel of record: Daniel Ardmore Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 2 of 24 Order Appointing Receiver
claimallegation

The order directs immediate issuance for service and states the temporary restraining order continues until June 19, 2025 at 1:30 PM, when t

The order directs immediate issuance for service and states the temporary restraining order continues until June 19, 2025 at 1:30 PM, when the temporary-injunction application will be considered. The source does not show what occurred then or establish present-day continuing TRO effect.

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Cause No. 202448085 The Court finds the relief granted herein is not adverse to the public or Cyberlux's interest and the harm the Plaintiff's and other Plaintiffs may suffer without equitable relief greatly outweighs any hardship that may result to Cyberlux. Without this Temporary Restraining Order, the Plaintiff has no adequate remedy at law for the relief requested. There is no prejudice to Cyberlux by having a Receiver in place. The Clerk of this Court shall issue this Temporary Restraining Order immediately for service upon Defendant. For this Temporary Restraining Order to issue, Plaintiffs shall be required to post a bond in the amount of $100. For this Temporary Restraining Order to issue, [Plaintiffs struck through; handwritten replacement: Receiver] shall be required to post a bond in the amount of $1000. This Temporary Restraining Order shall continue in full force and effect until 1:30 p.m. on the 19th day of June 2025, at which time the Court will consider Plaintiff's Application for a Temporary Injunction, enjoining Defendant and their respective agents, employees, representatives, and attorneys from the same conduct until final hearing in this cause. The Court DEFINES that: 1) "Plaintiff(s)" or "Judgment Plaintiff" refers to PHILLIP RICK TUCKER and NEILL WHITELEY, and may be reached at the counsel of record: Daniel Ardmore Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 2 of 24 Order Appointing Receiver
claimallegation

Robert W. Berleth is appointed receiver after taking the oath and is described as an agent of the court, not a party’s attorney; the order d

Robert W. Berleth is appointed receiver after taking the oath and is described as an agent of the court, not a party’s attorney; the order discusses derivative immunity except intentional misconduct. Berleth & Associates and Tristian Harris are identified. The appointment text is not proof of the subsequent oath or bond filing.

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Cause No. 202448085 2) "Defendant(s)" or "Judgment Defendant(s)", collectively and individually refers to the following Defendants: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: 246-31-0622 D.O.B. February 27, 1965 3) "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 20 E-mail: tharris@berlethlaw.com 9950 Cypresswood Dr. Suite 200 Tele: 713-588-6900 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 badạ Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 3 of 24 Order Appointing Receiver
claimallegation

Paragraphs 7–9 describe custodia legis, a judicial lien and court-controlled transfers, with non-exempt property subject to possession and c

Paragraphs 7–9 describe custodia legis, a judicial lien and court-controlled transfers, with non-exempt property subject to possession and claimed exempt transfers reported within five days. These are the order’s asserted legal directions; they do not themselves identify title to particular property or adjudicate federal ownership.

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Cause No. 202448085 7) 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 Defendant's nonexempt property becomes property in custodia legis, or "in the custody of the law". 3 In other words, the judgment Defendant'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 Defendant's property.4 8) Pursuant to this order, the Receiver will have a judicial lien on all non-exempt assets of Defendant and on all non-exempt community assets of Defendant, regardless of whether the Recerver 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 ofa Receiver is not merely voidable, it is void. Thus, any attempt by a judgment Defendant 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.7 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). & First S. Props., at 341. 7 T.H. Neel v. WL. Fuller, 557 S.W2d 73, 76 (Tex. 1977). Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 5 of 24 Order Appointing Receiver
claimallegation

Paragraphs 13–15 allow peace-officer assistance, direct actual-notice third parties to preserve property, notify the receiver and deliver pr

Paragraphs 13–15 allow peace-officer assistance, direct actual-notice third parties to preserve property, notify the receiver and deliver property within ten working days of demand, and reserve ownership/transfer disputes to the court. Requested legal-advice contact information does not waive privilege under the stated paragraph 14(c).

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Cause No. 202448085 13) Peace Officers Responsibilities to Receiver and the Court. Every constable, deputy constable, sheriff, deputy sheriff, and other peace officer may accompany Receiver to locations designated by Receiver where Receiver believes that a Defendant's assets or records may be located. The peace officers are ordered to prevent interference with Receiver's carrying out any duty under this order or interference with property in Receiver's control or subject to this order. 14) Third Parties Responsibilities to Receiver and the Court. Every person with actual notice of this order is ordered not to interfere with property in Receiver's control or subject to this order, and is ordered not to interfere with Receiver in the performance of Receiver's duties. Third parties are notified that Receiver, not Defendant, is the party entitled to possess, sell, liquidate, and otherwise deal with Defendant's non-exempt property and once any third party receives notice of this order, the third party may be subject to liability if the third party releases property, unless directed by Receiver or the Court. a. All third parties who hold a Defendant's property or records are orderedto immediately notify Receiver and to deliver the property within ten working days of Receiver's demand. All third parties knowing of this order are ordered to immediately notify Receiver if they discover the existence of a Defendant's property, or of facts that might lead to the discovery of property in which any Defendant has any interest. Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 7 of 24 Order Appointing Receiver
claimallegation

Paragraph 16 requires delivery of Exhibit A documents/items within ten days and responses to later requests, restrictions on disposal withou

Paragraph 16 requires delivery of Exhibit A documents/items within ten days and responses to later requests, restrictions on disposal without written consent, disclosure of both exempt and non-exempt property, supplementation within five days, indexed responses and credentials. It directs compliance before seeking protection. The referenced Exhibit A is not appended to this 24-page source.

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Cause No. 202448085 c. Anyone resisting Receiver's order or request, based on legal or other advice, is ordered to give the full name, address, fax number, e-mail address, cell phone number, and direct telephone number for each person giving that advice and to instruct those persons to immediately contact Receiver. Doing so waives no attorney-client communication privilege. 15) Fraudulent Transfer. This Court shall maintain exclusive jurisdiction over any fraudulent transfer litigations brought by the Receiver or Plaintiff. The Court shall further maintain exclusive jurisdictiomover any litigation pertaining to the ownership interests disputed during the Receiver's actions against a relevant third party. 16) Defendant's Responsibilities to Receiver and the Court. Each Defendant is ordered, within the time periods set out in this order and the attached Exhibit A, to: a. Deliver to Receiver, at the address of the Receiver, the items described in Exhibit A, attached hereto as part of this Order, and aldocuments and records requested by Receiver, within ten days, then occasionally, in the time periods, manners, and formats requested; b. Turnover to Receiver all non-exempt funds to the extent required to satisfy the Judgment. No Defendant may spend non-exempt Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 8 of 24 Order Appointing Receiver
entityobservation

PHILLIP RICK TUCKER

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
entityobservation

Beau Miller

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Cause No. 202448085 BE IT SO ORDERED. Any and all further relief not expressly stated herein is denied. Signed and Dated: Hon. Beau Miller % ANCILLARY JUDGE PRESIDING ###END OF ORDER### Unofficial Copy Office of Marilyn Burgess Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 24 of 24 Order Appointing Receiver [VISUAL SIGNATURE BLOCK: signature of Beau Miller; Signed: 6/11/2025; handwritten 4:44 pm. Printed Signed and Dated line remains blank; judge signature/stamp are separate supplied marks.]
entityobservation

NEILL WHITELEY

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
entityobservation

CYBERLUX CORPORATION

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
entityobservation

MARK D. SCHMIDT

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
entityobservation

Atlantic Wave Holdings, LLC

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
entityobservation

Daniel Ardmore

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Cause No. 202448085 The Court finds the relief granted herein is not adverse to the public or Cyberlux's interest and the harm the Plaintiff's and other Plaintiffs may suffer without equitable relief greatly outweighs any hardship that may result to Cyberlux. Without this Temporary Restraining Order, the Plaintiff has no adequate remedy at law for the relief requested. There is no prejudice to Cyberlux by having a Receiver in place. The Clerk of this Court shall issue this Temporary Restraining Order immediately for service upon Defendant. For this Temporary Restraining Order to issue, Plaintiffs shall be required to post a bond in the amount of $100. For this Temporary Restraining Order to issue, [Plaintiffs struck through; handwritten replacement: Receiver] shall be required to post a bond in the amount of $1000. This Temporary Restraining Order shall continue in full force and effect until 1:30 p.m. on the 19th day of June 2025, at which time the Court will consider Plaintiff's Application for a Temporary Injunction, enjoining Defendant and their respective agents, employees, representatives, and attorneys from the same conduct until final hearing in this cause. The Court DEFINES that: 1) "Plaintiff(s)" or "Judgment Plaintiff" refers to PHILLIP RICK TUCKER and NEILL WHITELEY, and may be reached at the counsel of record: Daniel Ardmore Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 2 of 24 Order Appointing Receiver
entityobservation

Robert W. Berleth

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Cause No. 202448085 2) "Defendant(s)" or "Judgment Defendant(s)", collectively and individually refers to the following Defendants: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: 246-31-0622 D.O.B. February 27, 1965 3) "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 20 E-mail: tharris@berlethlaw.com 9950 Cypresswood Dr. Suite 200 Tele: 713-588-6900 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 badạ Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 3 of 24 Order Appointing Receiver
entityobservation

BERLETH & ASSOCIATES

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Cause No. 202448085 2) "Defendant(s)" or "Judgment Defendant(s)", collectively and individually refers to the following Defendants: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: 246-31-0622 D.O.B. February 27, 1965 3) "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 20 E-mail: tharris@berlethlaw.com 9950 Cypresswood Dr. Suite 200 Tele: 713-588-6900 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 badạ Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 3 of 24 Order Appointing Receiver
entityobservation

Tristian Harris

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Cause No. 202448085 2) "Defendant(s)" or "Judgment Defendant(s)", collectively and individually refers to the following Defendants: a. CYBERLUX CORPORATION (CORPORATION) 4625 Creekstone Dr Durham, NC 27703-8478 800 Park Offices Dr Suite 3209 Research Triangle Park, NC 27709 b. MARK D. SCHMIDT (INDIVIDUAL) 1134 Fearrington Post Apt 12 Pittsboro, NC 27312-5014 SSN: 246-31-0622 D.O.B. February 27, 1965 3) "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 20 E-mail: tharris@berlethlaw.com 9950 Cypresswood Dr. Suite 200 Tele: 713-588-6900 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 badạ Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 3 of 24 Order Appointing Receiver
eventattribution

Clerk filing at 4:29 PM and judicial signing marker at 4:44 pm are separately displayed.

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
eventattribution

Order specifies 1:30 PM; occurrence or outcome not supplied.

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Cause No. 202448085 The Court finds the relief granted herein is not adverse to the public or Cyberlux's interest and the harm the Plaintiff's and other Plaintiffs may suffer without equitable relief greatly outweighs any hardship that may result to Cyberlux. Without this Temporary Restraining Order, the Plaintiff has no adequate remedy at law for the relief requested. There is no prejudice to Cyberlux by having a Receiver in place. The Clerk of this Court shall issue this Temporary Restraining Order immediately for service upon Defendant. For this Temporary Restraining Order to issue, Plaintiffs shall be required to post a bond in the amount of $100. For this Temporary Restraining Order to issue, [Plaintiffs struck through; handwritten replacement: Receiver] shall be required to post a bond in the amount of $1000. This Temporary Restraining Order shall continue in full force and effect until 1:30 p.m. on the 19th day of June 2025, at which time the Court will consider Plaintiff's Application for a Temporary Injunction, enjoining Defendant and their respective agents, employees, representatives, and attorneys from the same conduct until final hearing in this cause. The Court DEFINES that: 1) "Plaintiff(s)" or "Judgment Plaintiff" refers to PHILLIP RICK TUCKER and NEILL WHITELEY, and may be reached at the counsel of record: Daniel Ardmore Tucker, et. al. TRO and v. Cyberlux Corporation et al. Pg. 2 of 24 Order Appointing Receiver
inferenceinference

Broad enumerated powers cannot be treated as proof of immediate active authority: the prior receivership must terminate, and this source doe

Broad enumerated powers cannot be treated as proof of immediate active authority: the prior receivership must terminate, and this source does not establish that event or later TRO disposition.

inferenceinference

Native/OCR text without visible strikeouts would materially misstate the bond conditions. The image governs the cancelled no-bond paragraph

Native/OCR text without visible strikeouts would materially misstate the bond conditions. The image governs the cancelled no-bond paragraph and the substituted Receiver obligor.

otherattribution

Complete supplied 24-page source reviewed at SHA-256 4b59c126561a4ac8e89e2ad0e1401ea0f6e56c05abc19bb9fc0b4915d76e55c3. Source assertions, or

Complete supplied 24-page source reviewed at SHA-256 4b59c126561a4ac8e89e2ad0e1401ea0f6e56c05abc19bb9fc0b4915d76e55c3. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Own full 24-page OCR reading followed by individual full-image inspection of all 24 exact-source pages. Hash-bound OCR preparation is retained; substantive handwritten amendments and signature/date absent or misrepresented in OCR are expressly added as visual annotations. No removed, obscured or unavailable text was reconstructed.

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6/11/2025 4:29 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101911236 By: Sasha Prince Filed: 6/11/2025 4:29 PM CAUSE NO. 2025-41073 Pgs-24 TRORX PHILLIP RICK TUCKER, a/k/a RICK IN THE DISTRICT COURT STBNX TUCKER, and NEILL WHITELEY, CASO Individually, APREX Plaintiffs, V. 129TH JUDICIAL COURT CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, IN AND FOR Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING TEMPORARY RESTRAINING ORDER AND APPOINTING RECEIVER On the date of entry below, this Court considered Plaintiff's Original Petition and Emergency TRO/Injunction to Extend Receivership, reviewed the documents on file, relevant statutory and case law, admissible evidence, all arguments of the parties and counsel, and finds the Plaintiffs may aid from this action. Specifically, the Court recognizes there is a current receivership in cause no. 2024-48085, styled Atlantic Wave Holdings, LLC, et. al. v. Cyberlux Corporation, et. al. The Court was advised during the Temporary Restraining Order hearing that due to payment of the single Plaintiff, Atlantic Wave Holdings, LLC, the existing receivership will terminate. To prevent the pilfering of assets, allow the other Plaintiffs to bring their claims to this court, and specifically to ensure the Plaintiffs in this case are protected from Cyberlux absconding with corporate assets, the Court finds it necessary to maintain the existing receivership in series with a pre-judgment receivership in the above-styled cause. Atlantic Wave Holdings, LLC et al v. Cybertux Corporation et al. Pg. 1 of 24 Order Appointing Receiver
questionquestion

What records establish the prior receivership’s termination, receiver oath/bond, and the June 19 injunction disposition or later superseding

What records establish the prior receivership’s termination, receiver oath/bond, and the June 19 injunction disposition or later superseding order?

questionquestion

Where are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution record

Where are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution records needed to establish what actually happened?

distillateallegation

CONNECT

Reviewed relationships

The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.

Paragraph 48 states a 25% receiver-fee framework on sales/recoveries/credits subject to the described Rohrmoos hearing/proof, possible higher fees after hearing, and 33% if the full judgment is collected. A bankruptcy clause describes 25% of debt at filing and a secured claim conditional on a valid abstract. These provisions are not proof of an actual award, payment, perfected lien or bankruptcy allowance.supportsWhere are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution records needed to establish what actually happened?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
The order directs immediate issuance for service and states the temporary restraining order continues until June 19, 2025 at 1:30 PM, when the temporary-injunction application will be considered. The source does not show what occurred then or establish present-day continuing TRO effect.supportsDoes this document establish that all listed receivership powers were immediately exercised and remain operative?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraphs 23–28 provide a non-exempt presumption pending particularised objection within 21 days of collection, TRCP 679b protections, no sale/disbursement for 14 days after protected-property notices or 17 by mail, and restriction after an exemption assertion absent written consent or court order. Disputed ownership/property remains for court resolution; real-property sale requires an individual order after hearing. A separate general objection window is 20 days from service/notice.supportsWhere are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution records needed to establish what actually happened?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
The order directs immediate issuance for service and states the temporary restraining order continues until June 19, 2025 at 1:30 PM, when the temporary-injunction application will be considered. The source does not show what occurred then or establish present-day continuing TRO effect.supportsBroad enumerated powers cannot be treated as proof of immediate active authority: the prior receivership must terminate, and this source does not establish that event or later TRO disposition.

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraphs 44–45 require ten days’ notice before sale/abandonment and allow objections within five days of service; a timely objection stays disposition until court decision. Paragraphs 46–47 allow counsel at up to $300/hour and intervention without a duty to defend.supportsWhere are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution records needed to establish what actually happened?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraph 41 allows 20 days for objections to receiver reports and states unopposed reports are deemed findings/conclusions subject to the court’s own alteration. The source contains no actual report, proof of service, objections or determination that this mechanism applied to any later report.supportsDoes this document establish that all listed receivership powers were immediately exercised and remain operative?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraph 17 gives the receiver business-management authority superseding officers/directors and addresses ownership interests and solely owned entities. Paragraph 18 expressly says this receivership shall not become active until the prior receivership terminates. The broad management language is subject to that activation condition; termination is not proved here.supportsBroad enumerated powers cannot be treated as proof of immediate active authority: the prior receivership must terminate, and this source does not establish that event or later TRO disposition.

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Robert W. Berleth is appointed receiver after taking the oath and is described as an agent of the court, not a party’s attorney; the order discusses derivative immunity except intentional misconduct. Berleth & Associates and Tristian Harris are identified. The appointment text is not proof of the subsequent oath or bond filing.supportsBroad enumerated powers cannot be treated as proof of immediate active authority: the prior receivership must terminate, and this source does not establish that event or later TRO disposition.

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Page 2 requires plaintiffs to post a $100 bond. In the separate $1,000 bond sentence, Plaintiffs is struck through and Receiver inserted in blue. The entire paragraph 11 headed No Bond on page 6 is struck through. An operative no-bond requirement cannot be inferred from the uncancelled OCR text.supportsNative/OCR text without visible strikeouts would materially misstate the bond conditions. The image governs the cancelled no-bond paragraph and the substituted Receiver obligor.

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraph 16 requires delivery of Exhibit A documents/items within ten days and responses to later requests, restrictions on disposal without written consent, disclosure of both exempt and non-exempt property, supplementation within five days, indexed responses and credentials. It directs compliance before seeking protection. The referenced Exhibit A is not appended to this 24-page source.supportsWhere are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution records needed to establish what actually happened?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraph 51 directs final accounting/closure and, if no recovery, plaintiffs’ reimbursement of $1,500 plus expenses on closing. The final page denies further relief. No final accounting, closure, collection or subsequent variation accompanies this order.supportsDoes this document establish that all listed receivership powers were immediately exercised and remain operative?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraph 51 directs final accounting/closure and, if no recovery, plaintiffs’ reimbursement of $1,500 plus expenses on closing. The final page denies further relief. No final accounting, closure, collection or subsequent variation accompanies this order.supportsWhere are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution records needed to establish what actually happened?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Net funds are directed to plaintiffs’ attorney after costs, liens and set-offs. Paragraph 49 states presumptive $5,000 defence-motion fees or proven fees, $15,000 intermediate-appeal and $25,000 supreme-court figures in its prevailing-fee framework. Paragraph 50 states $1,750 plaintiffs’ fees. Amounts are order terms, not a payment ledger.supportsWhere are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution records needed to establish what actually happened?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraph 17 gives the receiver business-management authority superseding officers/directors and addresses ownership interests and solely owned entities. Paragraph 18 expressly says this receivership shall not become active until the prior receivership terminates. The broad management language is subject to that activation condition; termination is not proved here.supportsDoes this document establish that all listed receivership powers were immediately exercised and remain operative?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraph 17 gives the receiver business-management authority superseding officers/directors and addresses ownership interests and solely owned entities. Paragraph 18 expressly says this receivership shall not become active until the prior receivership terminates. The broad management language is subject to that activation condition; termination is not proved here.supportsWhat records establish the prior receivership’s termination, receiver oath/bond, and the June 19 injunction disposition or later superseding order?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Page 2 requires plaintiffs to post a $100 bond. In the separate $1,000 bond sentence, Plaintiffs is struck through and Receiver inserted in blue. The entire paragraph 11 headed No Bond on page 6 is struck through. An operative no-bond requirement cannot be inferred from the uncancelled OCR text.supportsWhat records establish the prior receivership’s termination, receiver oath/bond, and the June 19 injunction disposition or later superseding order?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraphs 23–28 provide a non-exempt presumption pending particularised objection within 21 days of collection, TRCP 679b protections, no sale/disbursement for 14 days after protected-property notices or 17 by mail, and restriction after an exemption assertion absent written consent or court order. Disputed ownership/property remains for court resolution; real-property sale requires an individual order after hearing. A separate general objection window is 20 days from service/notice.supportsDoes this document establish that all listed receivership powers were immediately exercised and remain operative?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraph 41 allows 20 days for objections to receiver reports and states unopposed reports are deemed findings/conclusions subject to the court’s own alteration. The source contains no actual report, proof of service, objections or determination that this mechanism applied to any later report.supportsWhere are Exhibit A, specific ownership/exemption decisions, service records, reports, sale approvals and awarded-fee or distribution records needed to establish what actually happened?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Paragraphs 44–45 require ten days’ notice before sale/abandonment and allow objections within five days of service; a timely objection stays disposition until court decision. Paragraphs 46–47 allow counsel at up to $300/hour and intervention without a duty to defend.supportsDoes this document establish that all listed receivership powers were immediately exercised and remain operative?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
Robert W. Berleth is appointed receiver after taking the oath and is described as an agent of the court, not a party’s attorney; the order discusses derivative immunity except intentional misconduct. Berleth & Associates and Tristian Harris are identified. The appointment text is not proof of the subsequent oath or bond filing.supportsWhat records establish the prior receivership’s termination, receiver oath/bond, and the June 19 injunction disposition or later superseding order?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%
The order directs immediate issuance for service and states the temporary restraining order continues until June 19, 2025 at 1:30 PM, when the temporary-injunction application will be considered. The source does not show what occurred then or establish present-day continuing TRO effect.supportsWhat records establish the prior receivership’s termination, receiver oath/bond, and the June 19 injunction disposition or later superseding order?

Specifically named source propositions support the bounded distinction or question.

50%
Confidence 75%Link weight 50%

WEIGH

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