Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
claimallegation
This Exhibit 3 contains Walton’s signed May 15, 2025 letter to Judge Gomez in Harris County Cause 2024-48085, subsequently filed inside defe
This Exhibit 3 contains Walton’s signed May 15, 2025 letter to Judge Gomez in Harris County Cause 2024-48085, subsequently filed inside defendants’ June 5 objection to the May 22 receivership order. The letter’s own May 15 service certificate and June 5 automated SENT records relate to different filing occasions.
Read the anchor · page 1
EXHIBIT 3
6/5/2025 12:13 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 101664202
By: Shanelle Taylor
Filed: 6/5/2025 12:13 PM
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
Walton, for Atlantic Wave and Secure Community, alleges two unsuccessful removals deliberately delayed collection and risked asset dissipati
Walton, for Atlantic Wave and Secure Community, alleges two unsuccessful removals deliberately delayed collection and risked asset dissipation. On information and belief he anticipates more than $20 million from HII under a settlement effective February 26, 2025. Neither actual receipt nor the full settlement is supplied.
Read the anchor · page 2
David A. Walton
TEL: 214.740.1445
FAX: 214.740.5745
DWALTON@BELLNUNNALLY.COM
May 15, 2025
VIA EFILE.TXCOURTS.GOV
Honorable Michael Gomez
129th Judicial District Court
Harris County Civil Courthouse
201 Caroline, 10th Floor
Houston Texas 77002
RE: Cause No. 2024-48085, Atlantic Wave Holdings , LLC, et al. v. Cyberlux
Corporation, et al., 129th Judicial District Court, Harris County, Texas.
Dear Judge Gomez:
I represent Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC
(Atlantic Wave) in the above-referenced action and write to briefly address the two failed
attempts to remove this enforcement action by Judgment Debtors Cyberlux Corporation
and Mark D. Schmidt (Cyberlux). Atlantic Wave contends that Cyberlux’s jurisdictional
challenges were deliberately calculated to delay or interfere with any efforts to collect on
Atlantic Wave’s judgment, as well as other creditors’ claims or judgments, long enough
for Cyberlux to hide or dissipate assets out of the reach of those creditors. Upon
information and belief, Cyberlux is in position to receive a substantial sum of money (in
excess of $20 million) any day now, from Huntington Ingalls Industries (HII), based on a
settlement agreement, effective February 26, 2025, by and between Cyberlux and HII .
1
Thus, it is imperative that this C ourt take all appropriate actions to protect non -exempt
assets of Cyberlux, including funds held (or to be paid) by HII on behalf of or for the
benefit of Cyberlux, as soon as jurisdiction is formally revested in the Court. There is
legitimate risk that Cyberlux is taking active measures to place any such non -exempt
assets out of the reach of Atlantic Wave and other creditors, e.g., factoring a large amount
of the assets ($7,313,627.17 with fees accruing at a daily rate of $4,364.46).
1 Judgment Debtors conceded to the Federal Court that “Cyberlux and HII are concluding their obligations
under the subcontract, by which Cyberlux will deliver the Federal Government Property (the drones), and
HII will pay Cyberlux pursuant to the subcontract.” (Case No. 4:25-cv-01689, S.D.Tex., Doc. 9, p. 11 of 17.)
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
The letter quotes debtors’ federal brief describing delivery of Federal Government Property drones and HII payment. Walton nevertheless seek
The letter quotes debtors’ federal brief describing delivery of Federal Government Property drones and HII payment. Walton nevertheless seeks Cyberlux property, excluding property subject to United States or other interests established by competent evidence, and quotes Rosenthal that the proposed order does not suggest government-property seizure. These competing descriptions do not adjudicate title to any identified asset.
Read the anchor · page 2
David A. Walton
TEL: 214.740.1445
FAX: 214.740.5745
DWALTON@BELLNUNNALLY.COM
May 15, 2025
VIA EFILE.TXCOURTS.GOV
Honorable Michael Gomez
129th Judicial District Court
Harris County Civil Courthouse
201 Caroline, 10th Floor
Houston Texas 77002
RE: Cause No. 2024-48085, Atlantic Wave Holdings , LLC, et al. v. Cyberlux
Corporation, et al., 129th Judicial District Court, Harris County, Texas.
Dear Judge Gomez:
I represent Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC
(Atlantic Wave) in the above-referenced action and write to briefly address the two failed
attempts to remove this enforcement action by Judgment Debtors Cyberlux Corporation
and Mark D. Schmidt (Cyberlux). Atlantic Wave contends that Cyberlux’s jurisdictional
challenges were deliberately calculated to delay or interfere with any efforts to collect on
Atlantic Wave’s judgment, as well as other creditors’ claims or judgments, long enough
for Cyberlux to hide or dissipate assets out of the reach of those creditors. Upon
information and belief, Cyberlux is in position to receive a substantial sum of money (in
excess of $20 million) any day now, from Huntington Ingalls Industries (HII), based on a
settlement agreement, effective February 26, 2025, by and between Cyberlux and HII .
1
Thus, it is imperative that this C ourt take all appropriate actions to protect non -exempt
assets of Cyberlux, including funds held (or to be paid) by HII on behalf of or for the
benefit of Cyberlux, as soon as jurisdiction is formally revested in the Court. There is
legitimate risk that Cyberlux is taking active measures to place any such non -exempt
assets out of the reach of Atlantic Wave and other creditors, e.g., factoring a large amount
of the assets ($7,313,627.17 with fees accruing at a daily rate of $4,364.46).
1 Judgment Debtors conceded to the Federal Court that “Cyberlux and HII are concluding their obligations
under the subcontract, by which Cyberlux will deliver the Federal Government Property (the drones), and
HII will pay Cyberlux pursuant to the subcontract.” (Case No. 4:25-cv-01689, S.D.Tex., Doc. 9, p. 11 of 17.)
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
Walton describes the June 28, 2023 Virginia amended judgment, January 2024 California and July 2024 Texas domestications, and a minimum $912
Walton describes the June 28, 2023 Virginia amended judgment, January 2024 California and July 2024 Texas domestications, and a minimum $912,000 balance after credits. He quotes agreed security and lien interests and reports July 6, 2023 Virginia and Texas UCC filings as perfecting collateral interests. The financing statements and priority analysis are not attached.
Read the anchor · page 3
HONORABLE MICHAEL GOMEZ
129TH JUDICIAL DISTRICT COURT
MAY 15, 2025
PAGE 2 OF 5
Atlantic Wave asserts it is an interested stakeholder in any payment due and owed
to Cyberlux by HII because Cyberlux has not satisfied debts due and owed to Atlantic
Wave, in whole or in part, under a valid and enforceable judgment, writs of garnishment,
or liens:
1. On June 28, 2023, a Virginia state court signed the Amended Final Order and
Judgment against Cyberlux (and Mark D. Schmidt) in Case No. CL22 -3882,
in the Circuit Court of the City of Richmond, Virginia. The Amended Final
Order and Judgment has since been domesticated in California state court in
January of 2024 and in Texas state court in July of 2024. The outstanding
balance due and owed under the Amended Final Order and Judgment is, at
minimum, $912,000, after accounting for any prior payments, credits, o r
offsets.
2. The Amended Final Order and Judgment , as agreed to by Cyberlux, also
provides that “the parties have agreed to a security interest and lien interest
in all property of Defendants [Cyberlux and Mark D. Schmidt] in favor of
Plaintiffs [Atlantic Wave and Secure Community, LLC] until all sums ar e
paid, and such security interest may be further memorialized through the
filing of appropriate UCC-1 forms and the filing of appropriate Liens.”
3. On July 6, 2023, Atlantic Wave filed a UCC Financing Statement (Form UCC1)
with the Virginia State Corporation Commission, Office of the Clerk, to
perfect Atlantic Wave’s security interest in certain collateral of Cyberlux,
including but not limited to “money … [and] accounts receivable and other
rights to payment and performance.”
4. On July 6, 2023, Atlantic Wave filed a UCC Financing Statement (Form UCC1)
with the Texas Secretary of State to perfect Atlantic Wave’s security interest
in certain collateral of Cyberlux, including but not limited to “money …
[and] accounts receivable and other rights to payment and performance.”
5. On June 15, 2023, Atlantic Wave and Cyberlux entered into a Settlement
Agreement in Case No. CL22 -3882, in the Circuit Court of the City of
Richmond, Virginia, wherein Cyberlux agreed to be “responsible for the
payment of [Atlantic Wave’s] attorneys’ fees and costs in any action caused
by the breach of this [Settlement] Agreement.” As of April 24, 2025, the
attorneys’ fees and costs incurred by Atlantic Wave caused by Cyberlux’s
breach of the Settlement Agreement is well in excess of $592,000, and
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
Counsel claims more than $592,000 enforcement fees as of April 24, 2025; alleges the September 10, 2024 fee award of $9,392.50 due December
Counsel claims more than $592,000 enforcement fees as of April 24, 2025; alleges the September 10, 2024 fee award of $9,392.50 due December 27 remained unpaid; and describes May 14, 2025 federal fee entitlement for responding to second removal. Incurred amounts, a specified award and unquantified fee entitlement are distinct.
Read the anchor · page 3
HONORABLE MICHAEL GOMEZ
129TH JUDICIAL DISTRICT COURT
MAY 15, 2025
PAGE 2 OF 5
Atlantic Wave asserts it is an interested stakeholder in any payment due and owed
to Cyberlux by HII because Cyberlux has not satisfied debts due and owed to Atlantic
Wave, in whole or in part, under a valid and enforceable judgment, writs of garnishment,
or liens:
1. On June 28, 2023, a Virginia state court signed the Amended Final Order and
Judgment against Cyberlux (and Mark D. Schmidt) in Case No. CL22 -3882,
in the Circuit Court of the City of Richmond, Virginia. The Amended Final
Order and Judgment has since been domesticated in California state court in
January of 2024 and in Texas state court in July of 2024. The outstanding
balance due and owed under the Amended Final Order and Judgment is, at
minimum, $912,000, after accounting for any prior payments, credits, o r
offsets.
2. The Amended Final Order and Judgment , as agreed to by Cyberlux, also
provides that “the parties have agreed to a security interest and lien interest
in all property of Defendants [Cyberlux and Mark D. Schmidt] in favor of
Plaintiffs [Atlantic Wave and Secure Community, LLC] until all sums ar e
paid, and such security interest may be further memorialized through the
filing of appropriate UCC-1 forms and the filing of appropriate Liens.”
3. On July 6, 2023, Atlantic Wave filed a UCC Financing Statement (Form UCC1)
with the Virginia State Corporation Commission, Office of the Clerk, to
perfect Atlantic Wave’s security interest in certain collateral of Cyberlux,
including but not limited to “money … [and] accounts receivable and other
rights to payment and performance.”
4. On July 6, 2023, Atlantic Wave filed a UCC Financing Statement (Form UCC1)
with the Texas Secretary of State to perfect Atlantic Wave’s security interest
in certain collateral of Cyberlux, including but not limited to “money …
[and] accounts receivable and other rights to payment and performance.”
5. On June 15, 2023, Atlantic Wave and Cyberlux entered into a Settlement
Agreement in Case No. CL22 -3882, in the Circuit Court of the City of
Richmond, Virginia, wherein Cyberlux agreed to be “responsible for the
payment of [Atlantic Wave’s] attorneys’ fees and costs in any action caused
by the breach of this [Settlement] Agreement.” As of April 24, 2025, the
attorneys’ fees and costs incurred by Atlantic Wave caused by Cyberlux’s
breach of the Settlement Agreement is well in excess of $592,000, and
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
The claimed stock damages exceed $6,017,250, using 195 million shares at $0.0308577; multiplication yields $6,017,251.50, consistent with th
The claimed stock damages exceed $6,017,250, using 195 million shares at $0.0308577; multiplication yields $6,017,251.50, consistent with the rounded lower bound. The letter identifies this as a pending CL24-3910 claim concerning December 31, 2023 marketability obligations. Its aggregate exceeding $7,774,000 combines judgment, fees and damages claims; it is not a single adjudicated debt balance.
Read the anchor · page 4
HONORABLE MICHAEL GOMEZ
129TH JUDICIAL DISTRICT COURT
MAY 15, 2025
PAGE 3 OF 5
attorneys’ fees and costs continue to accrue as a result of Cyberlux’s
wrongful conduct.
6. Pursuant to the Settlement Agreement, Cyberlux was contractually obligated,
among other obligations, to bring its stock to Pink Current status, make the
stock marketable, and to remedy the caveat emptor classification on such
stock by December 31, 2023, or be subject to additional liability and
damages to Atlantic Wave. Cyberlux did not comply with its contractual
obligation, which is now the subject of Case No. CL24- 3910, in the Circuit
Court of the City of Richmond, Virginia . The damages caused by
Cyberlux’s wrongful conduct is in excess of $6,017,250 (calculated based on
a 20-day rolling average share price of $.0308577 for 195,000,000 shares).
7. On September 10, 2024, the Virginia state court entered an order awarding
attorney fees in the amount of $9,392.50 to be paid on or before December
27, 2024, which were not paid.
8. On May 14, 2025, the Texas federal court entered a memorandum and
opinion granting “Atlantic Wave’s request for an award of the attorney’s
fees and costs incurred in responding to the second removal .” (Notice of
Second Remand Order, dated May 14, 2025, Ex. 2.)
Based on the foregoing judgment, security interest, liens, and claims, among
others, Atlantic Wave contends it is currently owed in excess of $7,774,000, and further
contends that it is entitled to satisfy the amount with non-exempt assets of Cyberlux,
including funds held (or to be paid) by HII on behalf of or for the benefit of Cyberlux.
Not only does Cyberlux owe Atlantic Wave a substantial amount of money,
Cyberlux is the subject of several other claims for monies due and owed by Cyberlux:
1. In Case No. 1:25- cv-00805-GPG-MDB, Thin Air Gear, LLC, v. Cyberlux
Corporation (D.Colo.), filed on March 12, 2025, Thin Air Gear, LLC, alleges
that Cyberlux is indebted to Thin Air Gear in the amount of $365,049.42 as
of November 18, 2024, including a 1.5% late fee per month on past due
amounts. (Doc. 1 -3, pp. 8- 13.) On April 30, 2025, the court clerk entered
default against Cyberlux.
2. In Cause No. 2024- 48085, Atlantic Wave Holdings, LLC, et al. v. Cyberlux
Corporation, et al. , 129th Judicial District Court, Harris County, Texas,
Legalist SPV III, LP filed a Petition in Intervention on February 7, 2025,
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
The creditor survey describes Thin Air’s $365,049.42 claim with monthly 1.5% late fees and April 30 clerk default; Legalist’s February 7 int
The creditor survey describes Thin Air’s $365,049.42 claim with monthly 1.5% late fees and April 30 clerk default; Legalist’s February 7 intervention claiming $7,313,627.17 and $4,364.46 daily fees; Aerotek’s $204,705.45 payroll claim followed by April 11 order for $235,411.27; RB’s $5,686,960 claim; and ARG’s unquantified distributor claim. Clerk default is not itself default judgment; pleaded and ordered figures are not interchangeable.
Read the anchor · page 4
HONORABLE MICHAEL GOMEZ
129TH JUDICIAL DISTRICT COURT
MAY 15, 2025
PAGE 3 OF 5
attorneys’ fees and costs continue to accrue as a result of Cyberlux’s
wrongful conduct.
6. Pursuant to the Settlement Agreement, Cyberlux was contractually obligated,
among other obligations, to bring its stock to Pink Current status, make the
stock marketable, and to remedy the caveat emptor classification on such
stock by December 31, 2023, or be subject to additional liability and
damages to Atlantic Wave. Cyberlux did not comply with its contractual
obligation, which is now the subject of Case No. CL24- 3910, in the Circuit
Court of the City of Richmond, Virginia . The damages caused by
Cyberlux’s wrongful conduct is in excess of $6,017,250 (calculated based on
a 20-day rolling average share price of $.0308577 for 195,000,000 shares).
7. On September 10, 2024, the Virginia state court entered an order awarding
attorney fees in the amount of $9,392.50 to be paid on or before December
27, 2024, which were not paid.
8. On May 14, 2025, the Texas federal court entered a memorandum and
opinion granting “Atlantic Wave’s request for an award of the attorney’s
fees and costs incurred in responding to the second removal .” (Notice of
Second Remand Order, dated May 14, 2025, Ex. 2.)
Based on the foregoing judgment, security interest, liens, and claims, among
others, Atlantic Wave contends it is currently owed in excess of $7,774,000, and further
contends that it is entitled to satisfy the amount with non-exempt assets of Cyberlux,
including funds held (or to be paid) by HII on behalf of or for the benefit of Cyberlux.
Not only does Cyberlux owe Atlantic Wave a substantial amount of money,
Cyberlux is the subject of several other claims for monies due and owed by Cyberlux:
1. In Case No. 1:25- cv-00805-GPG-MDB, Thin Air Gear, LLC, v. Cyberlux
Corporation (D.Colo.), filed on March 12, 2025, Thin Air Gear, LLC, alleges
that Cyberlux is indebted to Thin Air Gear in the amount of $365,049.42 as
of November 18, 2024, including a 1.5% late fee per month on past due
amounts. (Doc. 1 -3, pp. 8- 13.) On April 30, 2025, the court clerk entered
default against Cyberlux.
2. In Cause No. 2024- 48085, Atlantic Wave Holdings, LLC, et al. v. Cyberlux
Corporation, et al. , 129th Judicial District Court, Harris County, Texas,
Legalist SPV III, LP filed a Petition in Intervention on February 7, 2025,
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
On information and belief Walton alleges delinquent Spring warehouse rent, landlord lockout after removal of a material portion of drones, a
On information and belief Walton alleges delinquent Spring warehouse rent, landlord lockout after removal of a material portion of drones, and aggregate other-creditor indebtedness exceeding $13.5 million. No lease, lockout notice, inventory or reconciled creditor ledger accompanies the letter.
Read the anchor · page 5
HONORABLE MICHAEL GOMEZ
129TH JUDICIAL DISTRICT COURT
MAY 15, 2025
PAGE 4 OF 5
alleging that Cyberlux is “indebted to Legalist in the amount of
$7,313,627.17 with fees accruing at a daily rate of $4,364.46 by virtue of their
failure to satisfy their obligations under the Loan Agreement.” (Doc. 1 -3,
pp. 16-19.)
3. In Case No. 24CV034906- 910, Aerotek, Inc. v. Cyberlux Corporation et al. , In
the General Court of Justice, Superior Court Division, State of North
Carolina, filed on October 29, 2024, Aerotek alleges that Cyberlux is
indebted to Aerotek for payroll expenses in the amount of $204,705.45, plus
interest and attorney fees. (Doc. 1-3, pp. 22-29.) On April 11, 2025, in Wake
County Superior Court, an order was entered against Cyberlux
Corporation et al. in favor of Aerotek, Inc., in the amount of $235,411.27.
4. In Case No. 3:24- cv-01434-AJB-DTF, RB Capital Partners v. Cyberlux
Corporation et al. (S.D.Cal.), filed on August 12, 2024, RB Capital Partners
alleges that Cyberlux is indebted to RB Capital in the amount of $5,686,960,
plus interest and attorney fees. (Doc. 1 -3, pp. 32- 37.) Case 4:25- cv-01689
Document 6 Filed on 04/29/25 in TXSD Page 5 of 11
5. In Case No. 25CV004246- 310, The ARG Group, LLC v. Cyberlux Corporation ,
In the General Court of Justice, Superior Court Division, State of North
Carolina, filed on April 24, 2025, ARG Group alleges that Cyberlux is
indebted to ARG Group for amounts due and owed under a distributor
partner agreement.
6. Upon information and belief, Cyberlux is considerably delinquent in
paying rent under its lease for the warehouse facility in Spring, Texas,
which caused the landlord to lock out Cyberlux from the facility , after
Cyberlux removed a material portion of the drones located at the facility.
On the face of those pleadings, Cyberlux is allegedly indebted to other creditors in
an amount in excess of $13,500,000, not including the amount due and owed to Atlantic
Wave.
Based on Cyberlux’s conduct to date, there is a legitimate and severe risk that if
Cyberlux receives money held on behalf of or for the benefit of Cyberlux, which is likely
soon pursuant to the agreements between Cyberlux and HII, the money will be dissipated
before Atlantic Wave and other creditors are paid or can take any further action to
prevent such dissipation by Cyberlux . It is imperative that the status quo is preserved
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
claimallegation
Counsel asks that the receivership order submitted April 1 be signed immediately once jurisdiction formally revests, to preserve assets, and
Counsel asks that the receivership order submitted April 1 be signed immediately once jurisdiction formally revests, to preserve assets, and offers a remote status conference. This May 15 request is advocacy; the later wrapper refers to a May 22 order but does not attach its operative terms.
Read the anchor · page 6
HONORABLE MICHAEL GOMEZ
129TH JUDICIAL DISTRICT COURT
MAY 15, 2025
PAGE 5 OF 5
and Cyberlux’s deliberate tactics to avoid paying valid and enforceable judgment s, writ
of garnishment, or liens be brought to an end.
Thus, a s soon as jurisdiction is formally revested in this Court, Atlantic Wave
respectfully requests that the receivership order previously submitted to the Court on
April 1, 2025, be signed instanter to preserve the status quo and minimize any further
delay implemented by Cyberlux . Again, t o be clear, the focus of Atlantic Wave ’s
collection efforts is not to seize personal property on which the United States (or anyone
else) has or claims a mortgage or other lien as established by competent evidence, but
rather to seize personal property of Cyberlux as set forth in the proposed receivership
order. As aptly noted by the Honorable Judge Lee H. Rosenthal: “the proposed
[receivership] order does not state, or even suggest, that Atlantic Wave or [the receiver
Robert] Berleth intend to seize U.S. government property.” (Notice of Second Remand
Order, dated May 14, 2025, Ex. 2, pp. 5-6.) Indeed, Cyberlux’s objections to the language
in the proposed order are without merit.
At the court’s convenience, Atlantic Wave is available for a telephonic (or other
remote) status conference to further discuss the foregoing matters . We appreciate your
prompt attention to this important matter.
Very truly yours,
David A. Walton
CERTIFICATE OF SERVICE
I certify that on May 15, 2025, a true and correct copy of this document was served on
all parties of record via electronic service from the court’s ECF system for registered users, in
accordance with Rule 21a of the Texas Rules of Civil Procedure.
By: /s/ David A. Walton
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation
David A. Walton
Read the anchor · page 2
David A. Walton
TEL: 214.740.1445
FAX: 214.740.5745
DWALTON@BELLNUNNALLY.COM
May 15, 2025
VIA EFILE.TXCOURTS.GOV
Honorable Michael Gomez
129th Judicial District Court
Harris County Civil Courthouse
201 Caroline, 10th Floor
Houston Texas 77002
RE: Cause No. 2024-48085, Atlantic Wave Holdings , LLC, et al. v. Cyberlux
Corporation, et al., 129th Judicial District Court, Harris County, Texas.
Dear Judge Gomez:
I represent Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC
(Atlantic Wave) in the above-referenced action and write to briefly address the two failed
attempts to remove this enforcement action by Judgment Debtors Cyberlux Corporation
and Mark D. Schmidt (Cyberlux). Atlantic Wave contends that Cyberlux’s jurisdictional
challenges were deliberately calculated to delay or interfere with any efforts to collect on
Atlantic Wave’s judgment, as well as other creditors’ claims or judgments, long enough
for Cyberlux to hide or dissipate assets out of the reach of those creditors. Upon
information and belief, Cyberlux is in position to receive a substantial sum of money (in
excess of $20 million) any day now, from Huntington Ingalls Industries (HII), based on a
settlement agreement, effective February 26, 2025, by and between Cyberlux and HII .
1
Thus, it is imperative that this C ourt take all appropriate actions to protect non -exempt
assets of Cyberlux, including funds held (or to be paid) by HII on behalf of or for the
benefit of Cyberlux, as soon as jurisdiction is formally revested in the Court. There is
legitimate risk that Cyberlux is taking active measures to place any such non -exempt
assets out of the reach of Atlantic Wave and other creditors, e.g., factoring a large amount
of the assets ($7,313,627.17 with fees accruing at a daily rate of $4,364.46).
1 Judgment Debtors conceded to the Federal Court that “Cyberlux and HII are concluding their obligations
under the subcontract, by which Cyberlux will deliver the Federal Government Property (the drones), and
HII will pay Cyberlux pursuant to the subcontract.” (Case No. 4:25-cv-01689, S.D.Tex., Doc. 9, p. 11 of 17.)
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation
Michael Gomez
Read the anchor · page 2
David A. Walton
TEL: 214.740.1445
FAX: 214.740.5745
DWALTON@BELLNUNNALLY.COM
May 15, 2025
VIA EFILE.TXCOURTS.GOV
Honorable Michael Gomez
129th Judicial District Court
Harris County Civil Courthouse
201 Caroline, 10th Floor
Houston Texas 77002
RE: Cause No. 2024-48085, Atlantic Wave Holdings , LLC, et al. v. Cyberlux
Corporation, et al., 129th Judicial District Court, Harris County, Texas.
Dear Judge Gomez:
I represent Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC
(Atlantic Wave) in the above-referenced action and write to briefly address the two failed
attempts to remove this enforcement action by Judgment Debtors Cyberlux Corporation
and Mark D. Schmidt (Cyberlux). Atlantic Wave contends that Cyberlux’s jurisdictional
challenges were deliberately calculated to delay or interfere with any efforts to collect on
Atlantic Wave’s judgment, as well as other creditors’ claims or judgments, long enough
for Cyberlux to hide or dissipate assets out of the reach of those creditors. Upon
information and belief, Cyberlux is in position to receive a substantial sum of money (in
excess of $20 million) any day now, from Huntington Ingalls Industries (HII), based on a
settlement agreement, effective February 26, 2025, by and between Cyberlux and HII .
1
Thus, it is imperative that this C ourt take all appropriate actions to protect non -exempt
assets of Cyberlux, including funds held (or to be paid) by HII on behalf of or for the
benefit of Cyberlux, as soon as jurisdiction is formally revested in the Court. There is
legitimate risk that Cyberlux is taking active measures to place any such non -exempt
assets out of the reach of Atlantic Wave and other creditors, e.g., factoring a large amount
of the assets ($7,313,627.17 with fees accruing at a daily rate of $4,364.46).
1 Judgment Debtors conceded to the Federal Court that “Cyberlux and HII are concluding their obligations
under the subcontract, by which Cyberlux will deliver the Federal Government Property (the drones), and
HII will pay Cyberlux pursuant to the subcontract.” (Case No. 4:25-cv-01689, S.D.Tex., Doc. 9, p. 11 of 17.)
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation
Cyberlux Corporation
Read the anchor · page 2
David A. Walton
TEL: 214.740.1445
FAX: 214.740.5745
DWALTON@BELLNUNNALLY.COM
May 15, 2025
VIA EFILE.TXCOURTS.GOV
Honorable Michael Gomez
129th Judicial District Court
Harris County Civil Courthouse
201 Caroline, 10th Floor
Houston Texas 77002
RE: Cause No. 2024-48085, Atlantic Wave Holdings , LLC, et al. v. Cyberlux
Corporation, et al., 129th Judicial District Court, Harris County, Texas.
Dear Judge Gomez:
I represent Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC
(Atlantic Wave) in the above-referenced action and write to briefly address the two failed
attempts to remove this enforcement action by Judgment Debtors Cyberlux Corporation
and Mark D. Schmidt (Cyberlux). Atlantic Wave contends that Cyberlux’s jurisdictional
challenges were deliberately calculated to delay or interfere with any efforts to collect on
Atlantic Wave’s judgment, as well as other creditors’ claims or judgments, long enough
for Cyberlux to hide or dissipate assets out of the reach of those creditors. Upon
information and belief, Cyberlux is in position to receive a substantial sum of money (in
excess of $20 million) any day now, from Huntington Ingalls Industries (HII), based on a
settlement agreement, effective February 26, 2025, by and between Cyberlux and HII .
1
Thus, it is imperative that this C ourt take all appropriate actions to protect non -exempt
assets of Cyberlux, including funds held (or to be paid) by HII on behalf of or for the
benefit of Cyberlux, as soon as jurisdiction is formally revested in the Court. There is
legitimate risk that Cyberlux is taking active measures to place any such non -exempt
assets out of the reach of Atlantic Wave and other creditors, e.g., factoring a large amount
of the assets ($7,313,627.17 with fees accruing at a daily rate of $4,364.46).
1 Judgment Debtors conceded to the Federal Court that “Cyberlux and HII are concluding their obligations
under the subcontract, by which Cyberlux will deliver the Federal Government Property (the drones), and
HII will pay Cyberlux pursuant to the subcontract.” (Case No. 4:25-cv-01689, S.D.Tex., Doc. 9, p. 11 of 17.)
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
entityobservation
Secure Community, LLC
Read the anchor · page 2
David A. Walton
TEL: 214.740.1445
FAX: 214.740.5745
DWALTON@BELLNUNNALLY.COM
May 15, 2025
VIA EFILE.TXCOURTS.GOV
Honorable Michael Gomez
129th Judicial District Court
Harris County Civil Courthouse
201 Caroline, 10th Floor
Houston Texas 77002
RE: Cause No. 2024-48085, Atlantic Wave Holdings , LLC, et al. v. Cyberlux
Corporation, et al., 129th Judicial District Court, Harris County, Texas.
Dear Judge Gomez:
I represent Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC
(Atlantic Wave) in the above-referenced action and write to briefly address the two failed
attempts to remove this enforcement action by Judgment Debtors Cyberlux Corporation
and Mark D. Schmidt (Cyberlux). Atlantic Wave contends that Cyberlux’s jurisdictional
challenges were deliberately calculated to delay or interfere with any efforts to collect on
Atlantic Wave’s judgment, as well as other creditors’ claims or judgments, long enough
for Cyberlux to hide or dissipate assets out of the reach of those creditors. Upon
information and belief, Cyberlux is in position to receive a substantial sum of money (in
excess of $20 million) any day now, from Huntington Ingalls Industries (HII), based on a
settlement agreement, effective February 26, 2025, by and between Cyberlux and HII .
1
Thus, it is imperative that this C ourt take all appropriate actions to protect non -exempt
assets of Cyberlux, including funds held (or to be paid) by HII on behalf of or for the
benefit of Cyberlux, as soon as jurisdiction is formally revested in the Court. There is
legitimate risk that Cyberlux is taking active measures to place any such non -exempt
assets out of the reach of Atlantic Wave and other creditors, e.g., factoring a large amount
of the assets ($7,313,627.17 with fees accruing at a daily rate of $4,364.46).
1 Judgment Debtors conceded to the Federal Court that “Cyberlux and HII are concluding their obligations
under the subcontract, by which Cyberlux will deliver the Federal Government Property (the drones), and
HII will pay Cyberlux pursuant to the subcontract.” (Case No. 4:25-cv-01689, S.D.Tex., Doc. 9, p. 11 of 17.)
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
inferenceinference
The letter’s urgency rests on a dated anticipated payment and collection-risk allegations; it cannot establish later receipt, diversion or a
The letter’s urgency rests on a dated anticipated payment and collection-risk allegations; it cannot establish later receipt, diversion or a currently executable recovery amount.
omissiongap
Referenced settlement, UCC statements, underlying creditor pleadings and lockout evidence are absent from this eight-page exhibit.
Read the anchor · page 2
David A. Walton
TEL: 214.740.1445
FAX: 214.740.5745
DWALTON@BELLNUNNALLY.COM
May 15, 2025
VIA EFILE.TXCOURTS.GOV
Honorable Michael Gomez
129th Judicial District Court
Harris County Civil Courthouse
201 Caroline, 10th Floor
Houston Texas 77002
RE: Cause No. 2024-48085, Atlantic Wave Holdings , LLC, et al. v. Cyberlux
Corporation, et al., 129th Judicial District Court, Harris County, Texas.
Dear Judge Gomez:
I represent Plaintiffs Atlantic Wave Holdings, LLC, and Secure Community, LLC
(Atlantic Wave) in the above-referenced action and write to briefly address the two failed
attempts to remove this enforcement action by Judgment Debtors Cyberlux Corporation
and Mark D. Schmidt (Cyberlux). Atlantic Wave contends that Cyberlux’s jurisdictional
challenges were deliberately calculated to delay or interfere with any efforts to collect on
Atlantic Wave’s judgment, as well as other creditors’ claims or judgments, long enough
for Cyberlux to hide or dissipate assets out of the reach of those creditors. Upon
information and belief, Cyberlux is in position to receive a substantial sum of money (in
excess of $20 million) any day now, from Huntington Ingalls Industries (HII), based on a
settlement agreement, effective February 26, 2025, by and between Cyberlux and HII .
1
Thus, it is imperative that this C ourt take all appropriate actions to protect non -exempt
assets of Cyberlux, including funds held (or to be paid) by HII on behalf of or for the
benefit of Cyberlux, as soon as jurisdiction is formally revested in the Court. There is
legitimate risk that Cyberlux is taking active measures to place any such non -exempt
assets out of the reach of Atlantic Wave and other creditors, e.g., factoring a large amount
of the assets ($7,313,627.17 with fees accruing at a daily rate of $4,364.46).
1 Judgment Debtors conceded to the Federal Court that “Cyberlux and HII are concluding their obligations
under the subcontract, by which Cyberlux will deliver the Federal Government Property (the drones), and
HII will pay Cyberlux pursuant to the subcontract.” (Case No. 4:25-cv-01689, S.D.Tex., Doc. 9, p. 11 of 17.)
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
otherattribution
Complete supplied 8-page source reviewed at SHA-256 c87d9565f26a353245a21ffbd973d3b1271701677db325ddd0041d4e14236c60. Source assertions, ori
Complete supplied 8-page source reviewed at SHA-256 c87d9565f26a353245a21ffbd973d3b1271701677db325ddd0041d4e14236c60. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Exact version_1638edc6a70244e386f9c0b1cbf961bb; SHA256 c87d9565f26a353245a21ffbd973d3b1271701677db325ddd0041d4e14236c60. Full eight-page text read, signed concluding page and automated service page visually checked. Original extracted text retained.
Read the anchor · page 1
EXHIBIT 3
6/5/2025 12:13 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 101664202
By: Shanelle Taylor
Filed: 6/5/2025 12:13 PM
UnofficialCopyOfficeofMarilynBurgessDistrictClerk
questionquestion
What executed settlement, payment ledger, security filings and intervening orders establish the collectible fund, competing rights and amoun
What executed settlement, payment ledger, security filings and intervening orders establish the collectible fund, competing rights and amount actually outstanding?
questionquestion
What does this exhibit establish about the demand for a receiver?
claimallegation
Stock Marketability Damages - $6,017,250
Atlantic Wave claims damages exceeding $6,017,250 due to Cyberlux's failure to bring stock to Pink Current status, make stock marketable, and remedy caveat emptor classification by December 31, 2023 deadline
Read the anchor · page 4
Pursuant to the Settlement Agreement, Cyberlux was contractually obligated, among other obligations, to bring its stock to Pink Current status, make the stock marketable, and to remedy the caveat emptor classification on such stock by December 31, 2023, or be subject to additional liability and damages to Atlantic Wave. Cyberlux did not comply with its contractual obligation, which is now the subject of Case No. CI-24-3910, in the Circuit Court of the City of Richmond, Virginia. The damages caused by Cyberlux's wrongful conduct is in excess of $6,017,250 (calculated based on a 20-day rolling average share price of $.0308577 for 195,000,000 shares).
question
CONNECT
Reviewed relationships
The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.
atlantic wave alleges cyberlux s jurisdictional challenges were deliberately calculated to delay collection efforts long enough to hide or dissipate assets with legitimate risk of active measures to place assets out of creditors reachrelates to{"chapter":29,"exposure_lens":"Intermediary exposure depends on the actual service, compensation, disclosure, approval and actor-specific knowledge; a percentage fee is a question, not an offence by itself.","responsibility":"Legitimate services, fee disclosure, customer approval, registration and price treatment.","sequence":329,"unit_key":"CH29"}
The controlling book database maps this allegation into Part II; the book's explicit control-to-exposure crosswalk places that responsibility in Part III, Chapter 29. This is an identifier-based publication link, not a name match.
atlantic wave claims damages exceeding $6 017 250 due to cyberlux s failure to bring stock to pink current status make stock marketable and remedy caveat emptor classification by december 31 2023 deadlinerelates to{"chapter":27,"exposure_lens":"The prime-contractor exposure inquiry asks what HII submitted or accepted, who knew what, and whether the procurement, payment and settlement files support the decision made.","responsibility":"Supplier selection, price, subcontract administration, advance controls, inspection, termination and Government submissions.","sequence":327,"unit_key":"CH27"}
The controlling book database maps this allegation into Part II; the book's explicit control-to-exposure crosswalk places that responsibility in Part III, Chapter 27. This is an identifier-based publication link, not a name match.
Atlantic Wave alleges Cyberlux's jurisdictional challenges were deliberately calculated to delay collection efforts long enough to hide or dissipate assets, with legitimate risk of active measures to place assets out of creditors' reachsupportsatlantic wave alleges cyberlux s jurisdictional challenges were deliberately calculated to delay collection efforts long enough to hide or dissipate assets with legitimate risk of active measures to place assets out of creditors reach
This database-linked source passage is the reviewed documentary support mapped to the allegation in the controlling book version.
Atlantic Wave claims damages exceeding $6,017,250 due to Cyberlux's failure to bring stock to Pink Current status, make stock marketable, and remedy caveat emptor classification by December 31, 2023 deadlinesupportsatlantic wave claims damages exceeding $6 017 250 due to cyberlux s failure to bring stock to pink current status make stock marketable and remedy caveat emptor classification by december 31 2023 deadline
This database-linked source passage is the reviewed documentary support mapped to the allegation in the controlling book version.
Counsel adds fees exceeding $592,000 and stock damages exceeding $6,017,250, calculated from 195 million shares at $0.0308577, and asserts a composite claim exceeding $7,774,000. The stock calculation yields $6,017,251.50, consistent with the stated lower bound. This combines judgment and contested claims rather than a single adjudicated balance.supportsThe claimed stock damages exceed $6,017,250, using 195 million shares at $0.0308577; multiplication yields $6,017,251.50, consistent with the rounded lower bound. The letter identifies this as a pending CL24-3910 claim concerning December 31, 2023 marketability obligations. Its aggregate exceeding $7,774,000 combines judgment, fees and damages claims; it is not a single adjudicated debt balance.
Same author’s earlier composite claim recurs in May15 letter; repetition only, not independent proof.
On information and belief Walton alleges delinquent Spring warehouse rent, landlord lockout after removal of a material portion of drones, and aggregate other-creditor indebtedness exceeding $13.5 million. No lease, lockout notice, inventory or reconciled creditor ledger accompanies the letter.supportsThe letter’s urgency rests on a dated anticipated payment and collection-risk allegations; it cannot establish later receipt, diversion or a currently executable recovery amount.
Specifically named source propositions support the bounded distinction or question.
Walton, for Atlantic Wave and Secure Community, alleges two unsuccessful removals deliberately delayed collection and risked asset dissipation. On information and belief he anticipates more than $20 million from HII under a settlement effective February 26, 2025. Neither actual receipt nor the full settlement is supplied.supportsReferenced settlement, UCC statements, underlying creditor pleadings and lockout evidence are absent from this eight-page exhibit.
Specifically named source propositions support the bounded distinction or question.
The claimed stock damages exceed $6,017,250, using 195 million shares at $0.0308577; multiplication yields $6,017,251.50, consistent with the rounded lower bound. The letter identifies this as a pending CL24-3910 claim concerning December 31, 2023 marketability obligations. Its aggregate exceeding $7,774,000 combines judgment, fees and damages claims; it is not a single adjudicated debt balance.supportsThe letter’s urgency rests on a dated anticipated payment and collection-risk allegations; it cannot establish later receipt, diversion or a currently executable recovery amount.
Specifically named source propositions support the bounded distinction or question.
Counsel asks that the receivership order submitted April 1 be signed immediately once jurisdiction formally revests, to preserve assets, and offers a remote status conference. This May 15 request is advocacy; the later wrapper refers to a May 22 order but does not attach its operative terms.supportsWhat does this exhibit establish about the demand for a receiver?
Specifically named source propositions support the bounded distinction or question.
Counsel asks that the receivership order submitted April 1 be signed immediately once jurisdiction formally revests, to preserve assets, and offers a remote status conference. This May 15 request is advocacy; the later wrapper refers to a May 22 order but does not attach its operative terms.supportsWhat executed settlement, payment ledger, security filings and intervening orders establish the collectible fund, competing rights and amount actually outstanding?
Specifically named source propositions support the bounded distinction or question.
Walton describes the June 28, 2023 Virginia amended judgment, January 2024 California and July 2024 Texas domestications, and a minimum $912,000 balance after credits. He quotes agreed security and lien interests and reports July 6, 2023 Virginia and Texas UCC filings as perfecting collateral interests. The financing statements and priority analysis are not attached.supportsReferenced settlement, UCC statements, underlying creditor pleadings and lockout evidence are absent from this eight-page exhibit.
Specifically named source propositions support the bounded distinction or question.
The claimed stock damages exceed $6,017,250, using 195 million shares at $0.0308577; multiplication yields $6,017,251.50, consistent with the rounded lower bound. The letter identifies this as a pending CL24-3910 claim concerning December 31, 2023 marketability obligations. Its aggregate exceeding $7,774,000 combines judgment, fees and damages claims; it is not a single adjudicated debt balance.supportsWhat executed settlement, payment ledger, security filings and intervening orders establish the collectible fund, competing rights and amount actually outstanding?
Specifically named source propositions support the bounded distinction or question.
Walton describes the June 28, 2023 Virginia amended judgment, January 2024 California and July 2024 Texas domestications, and a minimum $912,000 balance after credits. He quotes agreed security and lien interests and reports July 6, 2023 Virginia and Texas UCC filings as perfecting collateral interests. The financing statements and priority analysis are not attached.supportsWhat executed settlement, payment ledger, security filings and intervening orders establish the collectible fund, competing rights and amount actually outstanding?
Specifically named source propositions support the bounded distinction or question.
Walton, for Atlantic Wave and Secure Community, alleges two unsuccessful removals deliberately delayed collection and risked asset dissipation. On information and belief he anticipates more than $20 million from HII under a settlement effective February 26, 2025. Neither actual receipt nor the full settlement is supplied.supportsWhat does this exhibit establish about the demand for a receiver?
Specifically named source propositions support the bounded distinction or question.
Walton, for Atlantic Wave and Secure Community, alleges two unsuccessful removals deliberately delayed collection and risked asset dissipation. On information and belief he anticipates more than $20 million from HII under a settlement effective February 26, 2025. Neither actual receipt nor the full settlement is supplied.supportsThe letter’s urgency rests on a dated anticipated payment and collection-risk allegations; it cannot establish later receipt, diversion or a currently executable recovery amount.
Specifically named source propositions support the bounded distinction or question.
The letter quotes debtors’ federal brief describing delivery of Federal Government Property drones and HII payment. Walton nevertheless seeks Cyberlux property, excluding property subject to United States or other interests established by competent evidence, and quotes Rosenthal that the proposed order does not suggest government-property seizure. These competing descriptions do not adjudicate title to any identified asset.supportsWhat does this exhibit establish about the demand for a receiver?
Specifically named source propositions support the bounded distinction or question.
On information and belief Walton alleges delinquent Spring warehouse rent, landlord lockout after removal of a material portion of drones, and aggregate other-creditor indebtedness exceeding $13.5 million. No lease, lockout notice, inventory or reconciled creditor ledger accompanies the letter.supportsReferenced settlement, UCC statements, underlying creditor pleadings and lockout evidence are absent from this eight-page exhibit.
Specifically named source propositions support the bounded distinction or question.
The creditor survey describes Thin Air’s $365,049.42 claim with monthly 1.5% late fees and April 30 clerk default; Legalist’s February 7 intervention claiming $7,313,627.17 and $4,364.46 daily fees; Aerotek’s $204,705.45 payroll claim followed by April 11 order for $235,411.27; RB’s $5,686,960 claim; and ARG’s unquantified distributor claim. Clerk default is not itself default judgment; pleaded and ordered figures are not interchangeable.supportsReferenced settlement, UCC statements, underlying creditor pleadings and lockout evidence are absent from this eight-page exhibit.
Specifically named source propositions support the bounded distinction or question.
Walton, for Atlantic Wave and Secure Community, alleges two unsuccessful removals deliberately delayed collection and risked asset dissipation. On information and belief he anticipates more than $20 million from HII under a settlement effective February 26, 2025. Neither actual receipt nor the full settlement is supplied.supportsWhat executed settlement, payment ledger, security filings and intervening orders establish the collectible fund, competing rights and amount actually outstanding?
Specifically named source propositions support the bounded distinction or question.
This Exhibit 3 contains Walton’s signed May 15, 2025 letter to Judge Gomez in Harris County Cause 2024-48085, subsequently filed inside defendants’ June 5 objection to the May 22 receivership order. The letter’s own May 15 service certificate and June 5 automated SENT records relate to different filing occasions.supportsWhat does this exhibit establish about the demand for a receiver?
Specifically named source propositions support the bounded distinction or question.
WEIGH
Explained weighting
A score appears only when its components and change threshold are published.
No published WEIGH run
The active Website Edition contains no applied score snapshot for this source or its connected objects. That means not assessed—not zero.