Virginia court enters $6M consent judgment against Cyberlux Corporation and Mark D. Schmidt in favor of Atlantic Wave Holdings and Secure Community, LLC, facilitated by court-appointed receiver; filed in HII Mission Technologies Corp. v. Cyberlux Corporation et al., No. 25-00483 (E.D. Va.), ECF No. 180-9
Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
assumptionassumption
Treating the judgment as currently enforceable for its full face amount assumes no later modification, stay, reversal or satisfaction; this
Treating the judgment as currently enforceable for its full face amount assumes no later modification, stay, reversal or satisfaction; this copy alone does not establish that current state.
observationobservation
CL24-3910; hearing 16 December 2025; handwritten entry 18 December 2025; EDVA exhibit filing 15 April 2026.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
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observationobservation
$6,000,000 negotiated compensatory award jointly and severally, stated $25,250.50 costs/fees, and 6% annual post-judgment interest from entr
$6,000,000 negotiated compensatory award jointly and severally, stated $25,250.50 costs/fees, and 6% annual post-judgment interest from entry.
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that the Order of Receivership was properly recorded in the City of Richmond, without objection. The Receiver in this case was appointed by the Honorable Michael Gomez, on May 22, 2025, in the 129th Judicial Court in Harris County Texas, Cause Number 2024448085, to control the business function, in all respects, of the Defendant Cyberlux Corporation and the individual, Mark D. Schmidt.
Notwithstanding, based on the representation that the Defendants had noted an appeal in the Texas Court of Appeals appealing the denial of the Defendants’ Petition for a Writ of Mandamus, and the Defendants’ representation that the Defendants had filed an Emergency Motion in the Harris County District Court seeking the termination of the Receivership, the Court denied the entry of the consent order in the First Motion and stayed further rulings pending the resolution of proceedings in Texas.
And it further appearing that, subsequent to the entry of the October 30, 2025, ruling on the First Motion, there has been a change in circumstances causing Plaintiffs to file this second motion to lift the current stay and enter an order based on the original agreement set forth in the First Motion (the “Second Motion”). The Receiver had no objection to the Second Motion.
And it further appearing that by Abatement Order entered in the Texas Court of Appeals on November 4, 2025, the Texas Court of Appeals abated, treated as a closed case, and removed from the docket, the Defendants’ appeal of the denial of the Petition for Writ of Mandamus as reflected by Exhibit B attached to the Second Motion.
And it further appearing that on November 11, 2025, the Harris County District Court denied Defendants’ Emergency Motion to Stay as reflected by Exhibit D attached to the Second Motion.
And lastly appearing to the court the Receiver has authority to control and or manage
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claimallegation
Exhibit 9 is a five-page Consent Final Order in Richmond Circuit Court CL24-3910, Atlantic Wave Holdings and Secure Community v. Cyberlux an
Exhibit 9 is a five-page Consent Final Order in Richmond Circuit Court CL24-3910, Atlantic Wave Holdings and Secure Community v. Cyberlux and Mark D. Schmidt individually. It records a 16 December 2025 hearing and bears Judge Jacqueline S. McClenney’s signature and handwritten entry date 18 December 2025. It was later filed as EDVA ECF 180-9 on 15 April 2026.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
claimallegation
The order recounts a September 19 joint consent motion, defendants’ objection and an October 30, 2025 opinion finding an earlier CL22-3882 s
The order recounts a September 19 joint consent motion, defendants’ objection and an October 30, 2025 opinion finding an earlier CL22-3882 settlement valid and the receivership properly recorded in Richmond. It says the earlier consent request was nevertheless denied and further rulings stayed pending Texas proceedings. Page 1’s description says the Receiver acted “on behalf of the Plaintiffs”; that printed wording is preserved without silently correcting its apparent role inconsistency.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
claimallegation
The order describes Berleth’s 22 May 2025 Texas appointment by Michael Gomez as controlling Cyberlux and Schmidt business functions. Footnot
The order describes Berleth’s 22 May 2025 Texas appointment by Michael Gomez as controlling Cyberlux and Schmidt business functions. Footnote 1 separately says the receiver had filed a Texas order removing Schmidt individually but that it had not yet been entered. A proposed removal is not treated as completed removal.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
claimallegation
The order relies on changed circumstances: a Texas appellate abatement order of 4 November 2025 treating the mandamus-related appeal as clos
The order relies on changed circumstances: a Texas appellate abatement order of 4 November 2025 treating the mandamus-related appeal as closed and removing it from the docket, and an 11 November denial of an emergency stay motion. These are this court’s recitals of external instruments, not a supplied Texas merits decision or adjudication of every appellate issue.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 2 of 5 PageID# 3871[Own image-verified transcription, continuing previous page.]
that the Order of Receivership was properly recorded in the City of Richmond, without objection. The Receiver in this case was appointed by the Honorable Michael Gomez, on May 22, 2025, in the 129th Judicial Court in Harris County Texas, Cause Number 2024448085, to control the business function, in all respects, of the Defendant Cyberlux Corporation and the individual, Mark D. Schmidt.
Notwithstanding, based on the representation that the Defendants had noted an appeal in the Texas Court of Appeals appealing the denial of the Defendants’ Petition for a Writ of Mandamus, and the Defendants’ representation that the Defendants had filed an Emergency Motion in the Harris County District Court seeking the termination of the Receivership, the Court denied the entry of the consent order in the First Motion and stayed further rulings pending the resolution of proceedings in Texas.
And it further appearing that, subsequent to the entry of the October 30, 2025, ruling on the First Motion, there has been a change in circumstances causing Plaintiffs to file this second motion to lift the current stay and enter an order based on the original agreement set forth in the First Motion (the “Second Motion”). The Receiver had no objection to the Second Motion.
And it further appearing that by Abatement Order entered in the Texas Court of Appeals on November 4, 2025, the Texas Court of Appeals abated, treated as a closed case, and removed from the docket, the Defendants’ appeal of the denial of the Petition for Writ of Mandamus as reflected by Exhibit B attached to the Second Motion.
And it further appearing that on November 11, 2025, the Harris County District Court denied Defendants’ Emergency Motion to Stay as reflected by Exhibit D attached to the Second Motion.
And lastly appearing to the court the Receiver has authority to control and or manage
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claimallegation
The court finds the Receiver has authority to control/manage litigation incident to his role and states that Receiver and plaintiffs agreed
The court finds the Receiver has authority to control/manage litigation incident to his role and states that Receiver and plaintiffs agreed to a consent judgment. It grants judgment to Atlantic Wave and Secure Community against Cyberlux and Schmidt individually, jointly and severally, for negotiated compensatory damages of $6,000,000.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 2 of 5 PageID# 3871[Own image-verified transcription, continuing previous page.]
that the Order of Receivership was properly recorded in the City of Richmond, without objection. The Receiver in this case was appointed by the Honorable Michael Gomez, on May 22, 2025, in the 129th Judicial Court in Harris County Texas, Cause Number 2024448085, to control the business function, in all respects, of the Defendant Cyberlux Corporation and the individual, Mark D. Schmidt.
Notwithstanding, based on the representation that the Defendants had noted an appeal in the Texas Court of Appeals appealing the denial of the Defendants’ Petition for a Writ of Mandamus, and the Defendants’ representation that the Defendants had filed an Emergency Motion in the Harris County District Court seeking the termination of the Receivership, the Court denied the entry of the consent order in the First Motion and stayed further rulings pending the resolution of proceedings in Texas.
And it further appearing that, subsequent to the entry of the October 30, 2025, ruling on the First Motion, there has been a change in circumstances causing Plaintiffs to file this second motion to lift the current stay and enter an order based on the original agreement set forth in the First Motion (the “Second Motion”). The Receiver had no objection to the Second Motion.
And it further appearing that by Abatement Order entered in the Texas Court of Appeals on November 4, 2025, the Texas Court of Appeals abated, treated as a closed case, and removed from the docket, the Defendants’ appeal of the denial of the Petition for Writ of Mandamus as reflected by Exhibit B attached to the Second Motion.
And it further appearing that on November 11, 2025, the Harris County District Court denied Defendants’ Emergency Motion to Stay as reflected by Exhibit D attached to the Second Motion.
And lastly appearing to the court the Receiver has authority to control and or manage
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claimallegation
The order additionally awards costs including reasonable attorneys’ fees in the stated amount of $25,250.50, per agreement, and post-judgmen
The order additionally awards costs including reasonable attorneys’ fees in the stated amount of $25,250.50, per agreement, and post-judgment interest at 6% per annum from entry. It dismisses remaining motions as moot and both complaint and counter-complaint with prejudice and ends the cause. The express award is not proof of satisfaction or current balance.
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litigation incident to his role and that the Receiver and Plaintiffs have agreed to the entry of a judgment by consent against the Defendants to resolve the Complaint and finalize the litigation, it is therefore ORDERED that judgment is GRANTED in favor of Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and against Defendants Cyberlux Corporation and Mark D. Schmidt, individually, jointly and severally, as follows:
a. The Court awards Plaintiffs the negotiated sum of SIX MILLION DOLLARS ($6,000,000.00) in compensatory damages, jointly and severally, against Defendants Cyberlux Corporation and Mark D. Schmidt, individually, to resolve the claims alleged in Plaintiffs’ complaint.
b. That Plaintiffs be awarded all their costs, including reasonable attorneys’ fees in the amount of $25,250.50, per the parties agreement and post judgment interest at the rate of 6% per annum from the date of entry of this order.
c. Any remaining Motions pending before the court are dismissed as moot.
d. Plaintiffs’ Complaint and Defendants’ Counter-Complaint are hereby dismissed with prejudice to the parties.
e. The cause is ended and may be stricken from the docket upon entry of this order.
The Court notes that the Defendants, by counsel, filed a Motion to Quash the December 16, 2025, hearing based on its assertion that the hearing was improperly scheduled, and that defense counsel was unable to appear. The Defendants’ counsel of record did not appear. The Plaintiffs filed a Response in Opposition to the Motion to Quash electronically with supporting exhibits. The Defendants then filed a reply, electronically, all of which were reviewed by the court and considered. Based on the pleadings and argument, the Motion to Quash is Denied. The Court
Printed page 3.
claimallegation
The court records that defendants’ counsel challenged the 16 December hearing as improperly scheduled and could not appear; counsel of recor
The court records that defendants’ counsel challenged the 16 December hearing as improperly scheduled and could not appear; counsel of record did not appear. It considered the opposition and defendants’ reply and denied the motion to quash. It expressly makes no ruling on defendants’ standing to claim defective notice or on any appellate rights.
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litigation incident to his role and that the Receiver and Plaintiffs have agreed to the entry of a judgment by consent against the Defendants to resolve the Complaint and finalize the litigation, it is therefore ORDERED that judgment is GRANTED in favor of Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and against Defendants Cyberlux Corporation and Mark D. Schmidt, individually, jointly and severally, as follows:
a. The Court awards Plaintiffs the negotiated sum of SIX MILLION DOLLARS ($6,000,000.00) in compensatory damages, jointly and severally, against Defendants Cyberlux Corporation and Mark D. Schmidt, individually, to resolve the claims alleged in Plaintiffs’ complaint.
b. That Plaintiffs be awarded all their costs, including reasonable attorneys’ fees in the amount of $25,250.50, per the parties agreement and post judgment interest at the rate of 6% per annum from the date of entry of this order.
c. Any remaining Motions pending before the court are dismissed as moot.
d. Plaintiffs’ Complaint and Defendants’ Counter-Complaint are hereby dismissed with prejudice to the parties.
e. The cause is ended and may be stricken from the docket upon entry of this order.
The Court notes that the Defendants, by counsel, filed a Motion to Quash the December 16, 2025, hearing based on its assertion that the hearing was improperly scheduled, and that defense counsel was unable to appear. The Defendants’ counsel of record did not appear. The Plaintiffs filed a Response in Opposition to the Motion to Quash electronically with supporting exhibits. The Defendants then filed a reply, electronically, all of which were reviewed by the court and considered. Based on the pleadings and argument, the Motion to Quash is Denied. The Court
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claimallegation
The order bears signatures in the judge, plaintiffs’ counsel and Receiver’s counsel blocks plus a clerk copy certification. Jimmy F. Robinso
The order bears signatures in the judge, plaintiffs’ counsel and Receiver’s counsel blocks plus a clerk copy certification. Jimmy F. Robinson’s defence counsel block has a blank signature line and says Signature Waived Pursuant to Rule 1:13. The title Consent Final Order therefore does not establish that defence counsel signed or personally consented.
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makes no ruling on whether the Defendants had standing to claim defective notice and makes no ruling on whether the Defendants have any appellate rights.
It is SO ORDERED.
ENTERED This [handwritten 18th] day of December, 2025.
[Signature over printed name] Honorable Jacqueline S. McClenney, Presiding Judge, Circuit Court for the City of Richmond, Virginia.
WE ASK FOR THIS:
[Signature] Charles A. Gavin, VSB#31391. Rudy Coyner, Attorneys at Law. 13271 Rivers Bend Blvd., Chester, Virginia 23836. (804) 748-3600, ext. 306. (804) 748-4671 facsimile. E-mail: cgavin@rudycoyner.com. Counsel for Atlantic Wave Holdings, LLC and Secure Community, LLC.
[Signature across counsel block] Vernon E. Inge, Jr. #32699. Robert N. Drewry, VSB #9128[final digit obscured by signature]. Whiteford Taylor & Preston, LLP. Two James Center, 1021 E. Cary Street, Suite 2001, Richmond, VA 23219. 804.977.3301; 804.977.3291 Facsimile. vinge@whitefordlaw.com; rdrewry@whitefordlaw.com. Counsel for Robert W. Berleth, Receiver.
[A Copy certification stamp] Teste: EDWARD F. JEWETT, CLERK. BY: [handwritten deputy signature not independently identified], D.C.
Printed page 4.
claimallegation
The order supplies a judicial award and its recited basis, not the full prior settlement, Texas appointment/abatement/stay records, motion p
The order supplies a judicial award and its recited basis, not the full prior settlement, Texas appointment/abatement/stay records, motion papers, later appellate disposition or payment history. Its reserved notice-standing/appellate questions remain reserved; they are not resolved against defendants by implication.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
entityobservation
Atlantic Wave Holdings, LLC
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
entityobservation
Jimmy F. Robinson
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Signature Waived Pursuant to Rule 1:13
[Blank signature line]
Jimmy F. Robinson, Esquire
Ogletree Deakins
901 East Byrd Street
Suite 1300
Richmond, VA 23219
804-663-2330
jimmy.robinson@ogletree.com
Counsel for Cyberlux Corp. & Mark D. Schmidt
Printed page 5.
entityobservation
Michael Gomez
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that the Order of Receivership was properly recorded in the City of Richmond, without objection. The Receiver in this case was appointed by the Honorable Michael Gomez, on May 22, 2025, in the 129th Judicial Court in Harris County Texas, Cause Number 2024448085, to control the business function, in all respects, of the Defendant Cyberlux Corporation and the individual, Mark D. Schmidt.
Notwithstanding, based on the representation that the Defendants had noted an appeal in the Texas Court of Appeals appealing the denial of the Defendants’ Petition for a Writ of Mandamus, and the Defendants’ representation that the Defendants had filed an Emergency Motion in the Harris County District Court seeking the termination of the Receivership, the Court denied the entry of the consent order in the First Motion and stayed further rulings pending the resolution of proceedings in Texas.
And it further appearing that, subsequent to the entry of the October 30, 2025, ruling on the First Motion, there has been a change in circumstances causing Plaintiffs to file this second motion to lift the current stay and enter an order based on the original agreement set forth in the First Motion (the “Second Motion”). The Receiver had no objection to the Second Motion.
And it further appearing that by Abatement Order entered in the Texas Court of Appeals on November 4, 2025, the Texas Court of Appeals abated, treated as a closed case, and removed from the docket, the Defendants’ appeal of the denial of the Petition for Writ of Mandamus as reflected by Exhibit B attached to the Second Motion.
And it further appearing that on November 11, 2025, the Harris County District Court denied Defendants’ Emergency Motion to Stay as reflected by Exhibit D attached to the Second Motion.
And lastly appearing to the court the Receiver has authority to control and or manage
Printed page 2.
entityobservation
Secure Community, LLC
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
entityobservation
Cyberlux Corporation
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
entityobservation
Mark D. Schmidt
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
entityobservation
Robert W. Berleth
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
entityobservation
Jacqueline S. McClenney
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 4 of 5 PageID# 3873[Own image-verified transcription, continuing previous page; signature marks described, not authenticated.]
makes no ruling on whether the Defendants had standing to claim defective notice and makes no ruling on whether the Defendants have any appellate rights.
It is SO ORDERED.
ENTERED This [handwritten 18th] day of December, 2025.
[Signature over printed name] Honorable Jacqueline S. McClenney, Presiding Judge, Circuit Court for the City of Richmond, Virginia.
WE ASK FOR THIS:
[Signature] Charles A. Gavin, VSB#31391. Rudy Coyner, Attorneys at Law. 13271 Rivers Bend Blvd., Chester, Virginia 23836. (804) 748-3600, ext. 306. (804) 748-4671 facsimile. E-mail: cgavin@rudycoyner.com. Counsel for Atlantic Wave Holdings, LLC and Secure Community, LLC.
[Signature across counsel block] Vernon E. Inge, Jr. #32699. Robert N. Drewry, VSB #9128[final digit obscured by signature]. Whiteford Taylor & Preston, LLP. Two James Center, 1021 E. Cary Street, Suite 2001, Richmond, VA 23219. 804.977.3301; 804.977.3291 Facsimile. vinge@whitefordlaw.com; rdrewry@whitefordlaw.com. Counsel for Robert W. Berleth, Receiver.
[A Copy certification stamp] Teste: EDWARD F. JEWETT, CLERK. BY: [handwritten deputy signature not independently identified], D.C.
Printed page 4.
entityobservation
Charles A. Gavin
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 4 of 5 PageID# 3873[Own image-verified transcription, continuing previous page; signature marks described, not authenticated.]
makes no ruling on whether the Defendants had standing to claim defective notice and makes no ruling on whether the Defendants have any appellate rights.
It is SO ORDERED.
ENTERED This [handwritten 18th] day of December, 2025.
[Signature over printed name] Honorable Jacqueline S. McClenney, Presiding Judge, Circuit Court for the City of Richmond, Virginia.
WE ASK FOR THIS:
[Signature] Charles A. Gavin, VSB#31391. Rudy Coyner, Attorneys at Law. 13271 Rivers Bend Blvd., Chester, Virginia 23836. (804) 748-3600, ext. 306. (804) 748-4671 facsimile. E-mail: cgavin@rudycoyner.com. Counsel for Atlantic Wave Holdings, LLC and Secure Community, LLC.
[Signature across counsel block] Vernon E. Inge, Jr. #32699. Robert N. Drewry, VSB #9128[final digit obscured by signature]. Whiteford Taylor & Preston, LLP. Two James Center, 1021 E. Cary Street, Suite 2001, Richmond, VA 23219. 804.977.3301; 804.977.3291 Facsimile. vinge@whitefordlaw.com; rdrewry@whitefordlaw.com. Counsel for Robert W. Berleth, Receiver.
[A Copy certification stamp] Teste: EDWARD F. JEWETT, CLERK. BY: [handwritten deputy signature not independently identified], D.C.
Printed page 4.
entityobservation
Vernon E. Inge, Jr.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 4 of 5 PageID# 3873[Own image-verified transcription, continuing previous page; signature marks described, not authenticated.]
makes no ruling on whether the Defendants had standing to claim defective notice and makes no ruling on whether the Defendants have any appellate rights.
It is SO ORDERED.
ENTERED This [handwritten 18th] day of December, 2025.
[Signature over printed name] Honorable Jacqueline S. McClenney, Presiding Judge, Circuit Court for the City of Richmond, Virginia.
WE ASK FOR THIS:
[Signature] Charles A. Gavin, VSB#31391. Rudy Coyner, Attorneys at Law. 13271 Rivers Bend Blvd., Chester, Virginia 23836. (804) 748-3600, ext. 306. (804) 748-4671 facsimile. E-mail: cgavin@rudycoyner.com. Counsel for Atlantic Wave Holdings, LLC and Secure Community, LLC.
[Signature across counsel block] Vernon E. Inge, Jr. #32699. Robert N. Drewry, VSB #9128[final digit obscured by signature]. Whiteford Taylor & Preston, LLP. Two James Center, 1021 E. Cary Street, Suite 2001, Richmond, VA 23219. 804.977.3301; 804.977.3291 Facsimile. vinge@whitefordlaw.com; rdrewry@whitefordlaw.com. Counsel for Robert W. Berleth, Receiver.
[A Copy certification stamp] Teste: EDWARD F. JEWETT, CLERK. BY: [handwritten deputy signature not independently identified], D.C.
Printed page 4.
entityobservation
Robert N. Drewry
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 4 of 5 PageID# 3873[Own image-verified transcription, continuing previous page; signature marks described, not authenticated.]
makes no ruling on whether the Defendants had standing to claim defective notice and makes no ruling on whether the Defendants have any appellate rights.
It is SO ORDERED.
ENTERED This [handwritten 18th] day of December, 2025.
[Signature over printed name] Honorable Jacqueline S. McClenney, Presiding Judge, Circuit Court for the City of Richmond, Virginia.
WE ASK FOR THIS:
[Signature] Charles A. Gavin, VSB#31391. Rudy Coyner, Attorneys at Law. 13271 Rivers Bend Blvd., Chester, Virginia 23836. (804) 748-3600, ext. 306. (804) 748-4671 facsimile. E-mail: cgavin@rudycoyner.com. Counsel for Atlantic Wave Holdings, LLC and Secure Community, LLC.
[Signature across counsel block] Vernon E. Inge, Jr. #32699. Robert N. Drewry, VSB #9128[final digit obscured by signature]. Whiteford Taylor & Preston, LLP. Two James Center, 1021 E. Cary Street, Suite 2001, Richmond, VA 23219. 804.977.3301; 804.977.3291 Facsimile. vinge@whitefordlaw.com; rdrewry@whitefordlaw.com. Counsel for Robert W. Berleth, Receiver.
[A Copy certification stamp] Teste: EDWARD F. JEWETT, CLERK. BY: [handwritten deputy signature not independently identified], D.C.
Printed page 4.
eventattribution
Hearing on dissolving stay and entering consent order; defence counsel nonappearance recorded.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
eventattribution
Signed Richmond consent final order entered.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 4 of 5 PageID# 3873[Own image-verified transcription, continuing previous page; signature marks described, not authenticated.]
makes no ruling on whether the Defendants had standing to claim defective notice and makes no ruling on whether the Defendants have any appellate rights.
It is SO ORDERED.
ENTERED This [handwritten 18th] day of December, 2025.
[Signature over printed name] Honorable Jacqueline S. McClenney, Presiding Judge, Circuit Court for the City of Richmond, Virginia.
WE ASK FOR THIS:
[Signature] Charles A. Gavin, VSB#31391. Rudy Coyner, Attorneys at Law. 13271 Rivers Bend Blvd., Chester, Virginia 23836. (804) 748-3600, ext. 306. (804) 748-4671 facsimile. E-mail: cgavin@rudycoyner.com. Counsel for Atlantic Wave Holdings, LLC and Secure Community, LLC.
[Signature across counsel block] Vernon E. Inge, Jr. #32699. Robert N. Drewry, VSB #9128[final digit obscured by signature]. Whiteford Taylor & Preston, LLP. Two James Center, 1021 E. Cary Street, Suite 2001, Richmond, VA 23219. 804.977.3301; 804.977.3291 Facsimile. vinge@whitefordlaw.com; rdrewry@whitefordlaw.com. Counsel for Robert W. Berleth, Receiver.
[A Copy certification stamp] Teste: EDWARD F. JEWETT, CLERK. BY: [handwritten deputy signature not independently identified], D.C.
Printed page 4.
eventattribution
Order reproduced as EDVA ECF 180-9.
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Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
inferenceinference
The operative joint-and-several award against Schmidt must be retained alongside the footnote about a proposed, unentered removal. Neither t
The operative joint-and-several award against Schmidt must be retained alongside the footnote about a proposed, unentered removal. Neither the proposed Texas action nor absent defence signature cancels this supplied order; later validity and review require their own records.
inferenceinference
The consent relied on is expressly Receiver/plaintiff consent within the court’s authority finding. The source records defendants’ oppositio
The consent relied on is expressly Receiver/plaintiff consent within the court’s authority finding. The source records defendants’ opposition and waived counsel signature, preventing a summary that all parties voluntarily signed.
omissiongap
The supporting Texas instruments and subsequent docket/payment trail are absent, leaving current effect and the reserved questions outside t
The supporting Texas instruments and subsequent docket/payment trail are absent, leaving current effect and the reserved questions outside the source’s demonstrated scope.
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
otherattribution
Complete supplied 5-page source reviewed at SHA-256 f25abe26eb3c9933e47338792c3a9e372242fa0f8ab17cb6d8cdb9d829896d80. Source assertions, ori
Complete supplied 5-page source reviewed at SHA-256 f25abe26eb3c9933e47338792c3a9e372242fa0f8ab17cb6d8cdb9d829896d80. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. All five supplied scanned pages visually read and manually transcribed, including the footnote, all operative subparagraphs, express reservations, signatures and waived defence signature. Page 4 enlarged to verify date and signature-block details; only identified peripheral handwriting/overprint remains unresolved.
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 180-9 Filed 04/15/26 Page 1 of 5 PageID# 3870[Own image-verified transcription; the native layer contains only the federal filing stamp.]
EXHIBIT 9. VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND.
ATLANTIC WAVE HOLDINGS, LLC AND SECURE COMMUNITY, LLC, Plaintiffs, v. CYBERLUX CORPORATION and MARK D. SCHMIDT, individually, Defendants. Case No.: CL24-3910.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community, LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver, Robert W. Berleth, Esq., appeared by and through counsel before this Court on the Plaintiffs’ Motion to Dissolve Stay and Enter Consent Order. Having considered the arguments and evidence presented, the Court makes the following ruling:
It appearing that this matter has been previously visited by the court when Plaintiffs and the Receiver, on September 19, 2025, filed a Joint Motion for Entry of a Consent Order (“First Motion”) entered between Plaintiffs and the Receiver, on behalf of the Plaintiffs. [The source prints “Plaintiffs” here.] The Defendants objected and the Court allowed the parties to brief the issues, after which the Court entered a written “Opinion and Order” dated October 30, 2025, ruling on the First Motion.
As part of the October 30, 2025, order, the Court, among other things, ruled that the Settlement Agreement entered in CL22-3882 between Plaintiffs and Defendants was valid, and
Footnote 1: While the Receivership names Mark D. Schmidt, individually, as a Judgment Debtor, the Receiver has filed an Order in Texas, which has yet to be entered, removing Mark D. Schmidt, individually, from the terms of the Receivership Order in Texas.
Printed page 1.
questionquestion
What later Texas and Virginia orders, appeal records or payments change the authority, effect or unpaid balance of this judgment?
questionquestion
How were the expressly reserved notice-standing and appellate-rights questions subsequently addressed, if at all?
questionquestion
Does the Consent Final Order show that Cyberlux’s own counsel signed and waived all notice or appeal objections?
eventattribution
Consent Final Order entered — $6M awarded in AWH v. Cyberlux
The court entered a Consent Final Order on December 8, 2025, awarding $6 million in damages and dismissing all claims with prejudice.
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 180-9
Filed 04/15/26 Page 1 of 5 PagelD#X1879T
VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
ATLANTIC WAVE HOLDINGS, LLC
AND SECURE COMMUNITY, LLC,
Plaintiffs,
Case No.: CL24-3910
CYBERLUX CORPORATION and
MARK D. SCHMIDT, individually,
Defendants.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community,
LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver,
Robert W. Ber
eventattribution
Atlantic Wave / Receiver Joint Motion for Consent Order filed
Plaintiffs Atlantic Wave Holdings, Secure Community, and Receiver Robert W. Berleth filed Joint Motion for Entry of a Consent Order on September 19, 2025; defendants objected and court allowed briefing.
Read the anchor · page 1
Case 3:25-cv-00483-JAG Document 180-9
Filed 04/15/26 Page 1 of 5 PagelD#X1879T
VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
ATLANTIC WAVE HOLDINGS, LLC
AND SECURE COMMUNITY, LLC,
Plaintiffs,
Case No.: CL24-3910
CYBERLUX CORPORATION and
MARK D. SCHMIDT, individually,
Defendants.
CONSENT FINAL ORDER
On December 16, 2025, Plaintiffs Atlantic Wave Holdings, LLC and Secure Community,
LLC and Defendants Cyberlux Corporation and Mark D. Schmidt, individually, by their Receiver,
Robert W. Ber
allegation
CONNECT
Reviewed relationships
The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.
Court hearing held on December 16, 2025, on Plaintiffs' Motion to Dissolve Stay and Enter Consent Order; defendants' counsel failed to appear despite filing Motion to Quash.supports{"timeline_thread":"legal","timeline_thread_label":"Legal & recovery"}
This reviewed database occurrence and exact public source passage document the dated event in the public chronology.
The court entered a Consent Final Order on December 8, 2025, awarding $6 million in damages and dismissing all claims with prejudice.supports{"timeline_thread":"money","timeline_thread_label":"Money movement"}
This reviewed database occurrence and exact public source passage document the dated event in the public chronology.
Plaintiffs Atlantic Wave Holdings, Secure Community, and Receiver Robert W. Berleth filed Joint Motion for Entry of a Consent Order on September 19, 2025; defendants objected and court allowed briefing.supports{"timeline_thread":"legal","timeline_thread_label":"Legal & recovery"}
This reviewed database occurrence and exact public source passage document the dated event in the public chronology.
{"timeline_thread":"legal","timeline_thread_label":"Legal & recovery"}relates to{"chapter":30,"exposure_lens":"Gatekeeper exposure requires actor-specific proof of the statement or act, the information available at the time, the duty held and the response to contrary material.","responsibility":"Accuracy of sworn accounts and filed positions, professional duties, preservation and custody of the corporate record.","sequence":330,"unit_key":"CH30"}
The controlling book publication map connects this dated event to Part III, Chapter 30. The connection follows stored event/source and publication identifiers.
{"timeline_thread":"money","timeline_thread_label":"Money movement"}relates to{"chapter":30,"exposure_lens":"Gatekeeper exposure requires actor-specific proof of the statement or act, the information available at the time, the duty held and the response to contrary material.","responsibility":"Accuracy of sworn accounts and filed positions, professional duties, preservation and custody of the corporate record.","sequence":330,"unit_key":"CH30"}
The controlling book publication map connects this dated event to Part III, Chapter 30. The connection follows stored event/source and publication identifiers.
{"timeline_thread":"legal","timeline_thread_label":"Legal & recovery"}relates to{"chapter":30,"exposure_lens":"Gatekeeper exposure requires actor-specific proof of the statement or act, the information available at the time, the duty held and the response to contrary material.","responsibility":"Accuracy of sworn accounts and filed positions, professional duties, preservation and custody of the corporate record.","sequence":330,"unit_key":"CH30"}
The controlling book publication map connects this dated event to Part III, Chapter 30. The connection follows stored event/source and publication identifiers.
The order additionally awards costs including reasonable attorneys’ fees in the stated amount of $25,250.50, per agreement, and post-judgment interest at 6% per annum from entry. It dismisses remaining motions as moot and both complaint and counter-complaint with prejudice and ends the cause. The express award is not proof of satisfaction or current balance.supportsTreating the judgment as currently enforceable for its full face amount assumes no later modification, stay, reversal or satisfaction; this copy alone does not establish that current state.
Specifically named source propositions support the bounded distinction or question.
The order recounts a September 19 joint consent motion, defendants’ objection and an October 30, 2025 opinion finding an earlier CL22-3882 settlement valid and the receivership properly recorded in Richmond. It says the earlier consent request was nevertheless denied and further rulings stayed pending Texas proceedings. Page 1’s description says the Receiver acted “on behalf of the Plaintiffs”; that printed wording is preserved without silently correcting its apparent role inconsistency.supportsThe consent relied on is expressly Receiver/plaintiff consent within the court’s authority finding. The source records defendants’ opposition and waived counsel signature, preventing a summary that all parties voluntarily signed.
Specifically named source propositions support the bounded distinction or question.
The order bears signatures in the judge, plaintiffs’ counsel and Receiver’s counsel blocks plus a clerk copy certification. Jimmy F. Robinson’s defence counsel block has a blank signature line and says Signature Waived Pursuant to Rule 1:13. The title Consent Final Order therefore does not establish that defence counsel signed or personally consented.supportsThe operative joint-and-several award against Schmidt must be retained alongside the footnote about a proposed, unentered removal. Neither the proposed Texas action nor absent defence signature cancels this supplied order; later validity and review require their own records.
Specifically named source propositions support the bounded distinction or question.
The order relies on changed circumstances: a Texas appellate abatement order of 4 November 2025 treating the mandamus-related appeal as closed and removing it from the docket, and an 11 November denial of an emergency stay motion. These are this court’s recitals of external instruments, not a supplied Texas merits decision or adjudication of every appellate issue.supportsThe supporting Texas instruments and subsequent docket/payment trail are absent, leaving current effect and the reserved questions outside the source’s demonstrated scope.
Specifically named source propositions support the bounded distinction or question.
The court finds the Receiver has authority to control/manage litigation incident to his role and states that Receiver and plaintiffs agreed to a consent judgment. It grants judgment to Atlantic Wave and Secure Community against Cyberlux and Schmidt individually, jointly and severally, for negotiated compensatory damages of $6,000,000.supportsDoes the Consent Final Order show that Cyberlux’s own counsel signed and waived all notice or appeal objections?
Specifically named source propositions support the bounded distinction or question.
The order supplies a judicial award and its recited basis, not the full prior settlement, Texas appointment/abatement/stay records, motion papers, later appellate disposition or payment history. Its reserved notice-standing/appellate questions remain reserved; they are not resolved against defendants by implication.supportsWhat later Texas and Virginia orders, appeal records or payments change the authority, effect or unpaid balance of this judgment?
Specifically named source propositions support the bounded distinction or question.
The court finds the Receiver has authority to control/manage litigation incident to his role and states that Receiver and plaintiffs agreed to a consent judgment. It grants judgment to Atlantic Wave and Secure Community against Cyberlux and Schmidt individually, jointly and severally, for negotiated compensatory damages of $6,000,000.supportsThe operative joint-and-several award against Schmidt must be retained alongside the footnote about a proposed, unentered removal. Neither the proposed Texas action nor absent defence signature cancels this supplied order; later validity and review require their own records.
Specifically named source propositions support the bounded distinction or question.
The order relies on changed circumstances: a Texas appellate abatement order of 4 November 2025 treating the mandamus-related appeal as closed and removing it from the docket, and an 11 November denial of an emergency stay motion. These are this court’s recitals of external instruments, not a supplied Texas merits decision or adjudication of every appellate issue.supportsWhat later Texas and Virginia orders, appeal records or payments change the authority, effect or unpaid balance of this judgment?
Specifically named source propositions support the bounded distinction or question.
The court records that defendants’ counsel challenged the 16 December hearing as improperly scheduled and could not appear; counsel of record did not appear. It considered the opposition and defendants’ reply and denied the motion to quash. It expressly makes no ruling on defendants’ standing to claim defective notice or on any appellate rights.supportsThe supporting Texas instruments and subsequent docket/payment trail are absent, leaving current effect and the reserved questions outside the source’s demonstrated scope.
Specifically named source propositions support the bounded distinction or question.
The order supplies a judicial award and its recited basis, not the full prior settlement, Texas appointment/abatement/stay records, motion papers, later appellate disposition or payment history. Its reserved notice-standing/appellate questions remain reserved; they are not resolved against defendants by implication.supportsHow were the expressly reserved notice-standing and appellate-rights questions subsequently addressed, if at all?
Specifically named source propositions support the bounded distinction or question.
The court records that defendants’ counsel challenged the 16 December hearing as improperly scheduled and could not appear; counsel of record did not appear. It considered the opposition and defendants’ reply and denied the motion to quash. It expressly makes no ruling on defendants’ standing to claim defective notice or on any appellate rights.supportsHow were the expressly reserved notice-standing and appellate-rights questions subsequently addressed, if at all?
Specifically named source propositions support the bounded distinction or question.
The order describes Berleth’s 22 May 2025 Texas appointment by Michael Gomez as controlling Cyberlux and Schmidt business functions. Footnote 1 separately says the receiver had filed a Texas order removing Schmidt individually but that it had not yet been entered. A proposed removal is not treated as completed removal.supportsWhat later Texas and Virginia orders, appeal records or payments change the authority, effect or unpaid balance of this judgment?
Specifically named source propositions support the bounded distinction or question.
The order supplies a judicial award and its recited basis, not the full prior settlement, Texas appointment/abatement/stay records, motion papers, later appellate disposition or payment history. Its reserved notice-standing/appellate questions remain reserved; they are not resolved against defendants by implication.supportsThe operative joint-and-several award against Schmidt must be retained alongside the footnote about a proposed, unentered removal. Neither the proposed Texas action nor absent defence signature cancels this supplied order; later validity and review require their own records.
Specifically named source propositions support the bounded distinction or question.
The court records that defendants’ counsel challenged the 16 December hearing as improperly scheduled and could not appear; counsel of record did not appear. It considered the opposition and defendants’ reply and denied the motion to quash. It expressly makes no ruling on defendants’ standing to claim defective notice or on any appellate rights.supportsDoes the Consent Final Order show that Cyberlux’s own counsel signed and waived all notice or appeal objections?
Specifically named source propositions support the bounded distinction or question.
The order describes Berleth’s 22 May 2025 Texas appointment by Michael Gomez as controlling Cyberlux and Schmidt business functions. Footnote 1 separately says the receiver had filed a Texas order removing Schmidt individually but that it had not yet been entered. A proposed removal is not treated as completed removal.supportsThe supporting Texas instruments and subsequent docket/payment trail are absent, leaving current effect and the reserved questions outside the source’s demonstrated scope.
Specifically named source propositions support the bounded distinction or question.
The order describes Berleth’s 22 May 2025 Texas appointment by Michael Gomez as controlling Cyberlux and Schmidt business functions. Footnote 1 separately says the receiver had filed a Texas order removing Schmidt individually but that it had not yet been entered. A proposed removal is not treated as completed removal.supportsThe operative joint-and-several award against Schmidt must be retained alongside the footnote about a proposed, unentered removal. Neither the proposed Texas action nor absent defence signature cancels this supplied order; later validity and review require their own records.
Specifically named source propositions support the bounded distinction or question.
The order additionally awards costs including reasonable attorneys’ fees in the stated amount of $25,250.50, per agreement, and post-judgment interest at 6% per annum from entry. It dismisses remaining motions as moot and both complaint and counter-complaint with prejudice and ends the cause. The express award is not proof of satisfaction or current balance.supportsWhat later Texas and Virginia orders, appeal records or payments change the authority, effect or unpaid balance of this judgment?
Specifically named source propositions support the bounded distinction or question.
The court finds the Receiver has authority to control/manage litigation incident to his role and states that Receiver and plaintiffs agreed to a consent judgment. It grants judgment to Atlantic Wave and Secure Community against Cyberlux and Schmidt individually, jointly and severally, for negotiated compensatory damages of $6,000,000.supportsWhat later Texas and Virginia orders, appeal records or payments change the authority, effect or unpaid balance of this judgment?
Specifically named source propositions support the bounded distinction or question.
The court records that defendants’ counsel challenged the 16 December hearing as improperly scheduled and could not appear; counsel of record did not appear. It considered the opposition and defendants’ reply and denied the motion to quash. It expressly makes no ruling on defendants’ standing to claim defective notice or on any appellate rights.supportsThe consent relied on is expressly Receiver/plaintiff consent within the court’s authority finding. The source records defendants’ opposition and waived counsel signature, preventing a summary that all parties voluntarily signed.
Specifically named source propositions support the bounded distinction or question.
The court finds the Receiver has authority to control/manage litigation incident to his role and states that Receiver and plaintiffs agreed to a consent judgment. It grants judgment to Atlantic Wave and Secure Community against Cyberlux and Schmidt individually, jointly and severally, for negotiated compensatory damages of $6,000,000.supportsTreating the judgment as currently enforceable for its full face amount assumes no later modification, stay, reversal or satisfaction; this copy alone does not establish that current state.
Specifically named source propositions support the bounded distinction or question.
The order supplies a judicial award and its recited basis, not the full prior settlement, Texas appointment/abatement/stay records, motion papers, later appellate disposition or payment history. Its reserved notice-standing/appellate questions remain reserved; they are not resolved against defendants by implication.supportsThe supporting Texas instruments and subsequent docket/payment trail are absent, leaving current effect and the reserved questions outside the source’s demonstrated scope.
Specifically named source propositions support the bounded distinction or question.
The court finds the Receiver has authority to control/manage litigation incident to his role and states that Receiver and plaintiffs agreed to a consent judgment. It grants judgment to Atlantic Wave and Secure Community against Cyberlux and Schmidt individually, jointly and severally, for negotiated compensatory damages of $6,000,000.supportsThe consent relied on is expressly Receiver/plaintiff consent within the court’s authority finding. The source records defendants’ opposition and waived counsel signature, preventing a summary that all parties voluntarily signed.
Specifically named source propositions support the bounded distinction or question.
The order bears signatures in the judge, plaintiffs’ counsel and Receiver’s counsel blocks plus a clerk copy certification. Jimmy F. Robinson’s defence counsel block has a blank signature line and says Signature Waived Pursuant to Rule 1:13. The title Consent Final Order therefore does not establish that defence counsel signed or personally consented.supportsThe consent relied on is expressly Receiver/plaintiff consent within the court’s authority finding. The source records defendants’ opposition and waived counsel signature, preventing a summary that all parties voluntarily signed.
Specifically named source propositions support the bounded distinction or question.
The order bears signatures in the judge, plaintiffs’ counsel and Receiver’s counsel blocks plus a clerk copy certification. Jimmy F. Robinson’s defence counsel block has a blank signature line and says Signature Waived Pursuant to Rule 1:13. The title Consent Final Order therefore does not establish that defence counsel signed or personally consented.supportsDoes the Consent Final Order show that Cyberlux’s own counsel signed and waived all notice or appeal objections?
Specifically named source propositions support the bounded distinction or question.
The order supplies a judicial award and its recited basis, not the full prior settlement, Texas appointment/abatement/stay records, motion papers, later appellate disposition or payment history. Its reserved notice-standing/appellate questions remain reserved; they are not resolved against defendants by implication.supportsTreating the judgment as currently enforceable for its full face amount assumes no later modification, stay, reversal or satisfaction; this copy alone does not establish that current state.
Specifically named source propositions support the bounded distinction or question.
WEIGH
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No published WEIGH run
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