Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
claimallegation
Mark Schmidt declares as Cyberlux president and CEO in opposition to Montague’s summary-judgment motion. He states personal knowledge except
Mark Schmidt declares as Cyberlux president and CEO in opposition to Montague’s summary-judgment motion. He states personal knowledge except where based on information and belief. The visible DocuSign signature and execution date are December 4, 2025; page 4 contains only an envelope header and page number.
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
DURHAM COUNTY 25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
CYBERLUX CORPORATION,
Defendant.
I, Mark Schmidt, hereby make the following declaration:
1. am resident and citizen of the State of North Carolina and am over the age of
eighteen (18) years and competent
to make this affidavit.
2. make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux's independent contractor consultants receive
commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities
to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
claimallegation
Schmidt states Cyberlux uses multiple independent consultants paid commission only on commercial contracts they actually source, with no geo
Schmidt states Cyberlux uses multiple independent consultants paid commission only on commercial contracts they actually source, with no geographically exclusive rights or restrictions preventing consultants from pursuing contracts in any country or region. This is his description, not a review of every consulting agreement.
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
DURHAM COUNTY 25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
CYBERLUX CORPORATION,
Defendant.
I, Mark Schmidt, hereby make the following declaration:
1. am resident and citizen of the State of North Carolina and am over the age of
eighteen (18) years and competent
to make this affidavit.
2. make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux's independent contractor consultants receive
commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities
to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
claimallegation
He reports a 2022 Ukrainian armed-forces order for 1,000 FlightEye KOA031831 Model-K drones and other expressions of interest, but says the
He reports a 2022 Ukrainian armed-forces order for 1,000 FlightEye KOA031831 Model-K drones and other expressions of interest, but says the order was never consummated, no such models were sold or delivered, Cyberlux never sold drones or services to the Ukrainian government, and pre-January 2023 requests never produced a commercial contract. This distinguishes his asserted direct sales history from later HII procurement.
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
DURHAM COUNTY 25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
CYBERLUX CORPORATION,
Defendant.
I, Mark Schmidt, hereby make the following declaration:
1. am resident and citizen of the State of North Carolina and am over the age of
eighteen (18) years and competent
to make this affidavit.
2. make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux's independent contractor consultants receive
commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities
to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
claimallegation
He describes responding to HII RFQ 03102023 in March 2023, a revised June 24 proposal for Model-K8-1 and K8-2 drones, and the August 29, 202
He describes responding to HII RFQ 03102023 in March 2023, a revised June 24 proposal for Model-K8-1 and K8-2 drones, and the August 29, 2023 P000043846 subcontract under HII’s FEDSIM prime. He says pricing and quantities came from that proposal, with delivery FOB Origin to Dover Air Force Base. The instruments are not embedded.
Read the anchor · page 2
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
6. The order received from the Ukrainian government
for FlightEye KOA031831 Model-K drones was never consummated. Cyberlux never sold, shipped, or delivered any orders
for FlightEye KOA031831 Model-K drones. Cyberlux never sold drones or related products or
services to the Ukranian government. None of the orders or requests
to provide drones received
from the Ukrainian government prior
to January, 2023 ultimately resulted in commercial
contract.
7. In March, 2023, Cyberlux responded to Customer Requestfor Quote 03102023,
issued by HII Defense Federal Solutions, Inc. ("HII'') by issuing transmittal letter proposal for
the sale of drones. On June 24, 2023, Cyberlux revised and reissued its transmittal letter proposal
which included pricing for the sale of Cyberlux Model-K8-1 and Model-K8-2 drones to HII ("June
24, 2023 Proposal').
8. On August 29, 2023 Cyberlux and HII entered Subcontract No. P000043846 (the
"HIT Subcontract"), under the Prime Contract No. GSOOQI4OADUI109 between HII and the
Federal Systems Integration and Management Center ("FEDSIM"). The HII Subcontract memorialized the June 24, 2023 Proposal quoted pricing and drone quantities
for delivery FOB
Origin to the United States' Dover Air Force Base.
9. The HII Subcontract contained no language requiring Cyberlux to travel to nor to
perform its obligations specifically for the benefit of the Ukraine.
10. As the Prime Contract was between HII and Federal Systems Integration and
Management Center ("FEDSIM"), the United States government had sole control over whether
any drones would go to Ukraine or to any other non-domestic location. Upon information and
belief, fewer than 400 of the drones purchased by HII were subsequently sent to the Ukraine.
claimallegation
Schmidt says the subcontract did not require Cyberlux travel to Ukraine or performance specifically for its benefit and that the US governme
Schmidt says the subcontract did not require Cyberlux travel to Ukraine or performance specifically for its benefit and that the US government controlled foreign onward destinations. His estimate that fewer than 400 HII-purchased drones were subsequently sent to Ukraine is expressly on information and belief, not personal delivery knowledge.
Read the anchor · page 2
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
6. The order received from the Ukrainian government
for FlightEye KOA031831 Model-K drones was never consummated. Cyberlux never sold, shipped, or delivered any orders
for FlightEye KOA031831 Model-K drones. Cyberlux never sold drones or related products or
services to the Ukranian government. None of the orders or requests
to provide drones received
from the Ukrainian government prior
to January, 2023 ultimately resulted in commercial
contract.
7. In March, 2023, Cyberlux responded to Customer Requestfor Quote 03102023,
issued by HII Defense Federal Solutions, Inc. ("HII'') by issuing transmittal letter proposal for
the sale of drones. On June 24, 2023, Cyberlux revised and reissued its transmittal letter proposal
which included pricing for the sale of Cyberlux Model-K8-1 and Model-K8-2 drones to HII ("June
24, 2023 Proposal').
8. On August 29, 2023 Cyberlux and HII entered Subcontract No. P000043846 (the
"HIT Subcontract"), under the Prime Contract No. GSOOQI4OADUI109 between HII and the
Federal Systems Integration and Management Center ("FEDSIM"). The HII Subcontract memorialized the June 24, 2023 Proposal quoted pricing and drone quantities
for delivery FOB
Origin to the United States' Dover Air Force Base.
9. The HII Subcontract contained no language requiring Cyberlux to travel to nor to
perform its obligations specifically for the benefit of the Ukraine.
10. As the Prime Contract was between HII and Federal Systems Integration and
Management Center ("FEDSIM"), the United States government had sole control over whether
any drones would go to Ukraine or to any other non-domestic location. Upon information and
belief, fewer than 400 of the drones purchased by HII were subsequently sent to the Ukraine.
claimallegation
He denies Montague sourced the HII subcontract, communicated with HII about it, or provided services resulting in the subcontract and conclu
He denies Montague sourced the HII subcontract, communicated with HII about it, or provided services resulting in the subcontract and concludes Montague is not entitled to the commissions claimed. Entitlement is his disputed legal position.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
11. Montague Capital Partners, LLC ("Montague'') did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments
to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague cumulative total
of $1,671,047.68.
declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025. DocuSigned by: Mark Sdumidt Mark Schmidt
claimallegation
Schmidt credits Assure Global LLC d/b/a WeShield with generating demand and supporting efforts that produced both the HII/FEDSIM prime and t
Schmidt credits Assure Global LLC d/b/a WeShield with generating demand and supporting efforts that produced both the HII/FEDSIM prime and the HII subcontract. He says WeShield will receive a commission once Cyberlux receives the funds; no rate, quantified amount or calendar deadline is stated.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
11. Montague Capital Partners, LLC ("Montague'') did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments
to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague cumulative total
of $1,671,047.68.
declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025. DocuSigned by: Mark Sdumidt Mark Schmidt
claimallegation
He says he determined in early 2025 that Montague managing partner Denis Kalenja breached his consulting agreement through detrimental condu
He says he determined in early 2025 that Montague managing partner Denis Kalenja breached his consulting agreement through detrimental conduct and therefore stopped separate quarterly consulting fees. The file identifies no particular conduct or adjudication of breach.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
11. Montague Capital Partners, LLC ("Montague'') did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments
to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague cumulative total
of $1,671,047.68.
declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025. DocuSigned by: Mark Sdumidt Mark Schmidt
claimallegation
Schmidt claims full payment of commissions and fees owed under Montague’s 2019 and 2023 amended consulting agreements and reports cumulative
Schmidt claims full payment of commissions and fees owed under Montague’s 2019 and 2023 amended consulting agreements and reports cumulative payments of $1,671,047.68 from November 1, 2021 through December 30, 2024. No ledger or agreements accompany this figure; the full-payment assertion must be retained alongside his admission of stopping later quarterly payments.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
11. Montague Capital Partners, LLC ("Montague'') did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments
to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague cumulative total
of $1,671,047.68.
declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025. DocuSigned by: Mark Sdumidt Mark Schmidt
otherattribution
Schmidt states WeShield will receive commission on the HII contract after Cyberlux receives the funds.
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
11. Montague Capital Partners, LLC ("Montague'') did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments
to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague cumulative total
of $1,671,047.68.
declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025. DocuSigned by: Mark Sdumidt Mark Schmidt
entityobservation
Mark Schmidt
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
DURHAM COUNTY 25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
CYBERLUX CORPORATION,
Defendant.
I, Mark Schmidt, hereby make the following declaration:
1. am resident and citizen of the State of North Carolina and am over the age of
eighteen (18) years and competent
to make this affidavit.
2. make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux's independent contractor consultants receive
commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities
to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
entityobservation
Montague Capital Partners, LLC
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
11. Montague Capital Partners, LLC ("Montague'') did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments
to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague cumulative total
of $1,671,047.68.
declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025. DocuSigned by: Mark Sdumidt Mark Schmidt
entityobservation
Assure Global LLC
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
11. Montague Capital Partners, LLC ("Montague'') did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments
to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague cumulative total
of $1,671,047.68.
declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025. DocuSigned by: Mark Sdumidt Mark Schmidt
entityobservation
Denis Kalenja
Read the anchor · page 3
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
11. Montague Capital Partners, LLC ("Montague'') did not source the HII Subontract,
had no communications with HII regarding the HII Subcontract, and did not otherwise perform
services that resulted in Cyberlux securing the Subcontract with HII. Accordingly, Montague is
not entitled to payment of the alleged commissions claimed in its Complaint.
12. Another of Cyberlux's independent contractor consultants, Assure Global LLC
d/b/a WeShield ("WeShield") was responsible for generating the demand and providing the
supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the
subsequent HII Subcontract and will receive commission for that contract once the funds are
received by Cyberlux.
13. In early 2025, determined that Denis Kalenja, the Managing Partner of Montague,
breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its
business. Cyberlux therefore stopped making the separate quarterly consulting fee payments
to
Montague.
14. Cyberlux has paid Montague in full for commissions or fees owed to Montague
under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague cumulative total
of $1,671,047.68.
declare under penalty of perjury under the laws of North Carolina that the foregoing is
true and correct.
Executed on December 4, 2025. DocuSigned by: Mark Sdumidt Mark Schmidt
inferenceinference
The declaration reallocates origination credit from Montague to WeShield and distinguishes direct Ukrainian orders from US-prime procurement
The declaration reallocates origination credit from Montague to WeShield and distinguishes direct Ukrainian orders from US-prime procurement. That account can inform comparison of competing consultancy claims but does not decide contractual entitlement.
otherattribution
Complete supplied 4-page source reviewed at SHA-256 859d7a0008edbbf0d2cbbe98aced9ff1ef166878359a57f8c2e14c92039ac046. Source assertions, ori
Complete supplied 4-page source reviewed at SHA-256 859d7a0008edbbf0d2cbbe98aced9ff1ef166878359a57f8c2e14c92039ac046. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. All four pages read; signature and trailing blank page visually inspected. Version version_fee90d2bdd324785a748ded2b8b4f9dc, SHA256 859d7a0008edbbf0d2cbbe98aced9ff1ef166878359a57f8c2e14c92039ac046; source bytes and original extraction retained.
Read the anchor · page 1
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-OB6EB735495A
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
DURHAM COUNTY 25CV006375-310
DECLARATION IN OPPOSITION TO
PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
CYBERLUX CORPORATION,
Defendant.
I, Mark Schmidt, hereby make the following declaration:
1. am resident and citizen of the State of North Carolina and am over the age of
eighteen (18) years and competent
to make this affidavit.
2. make this affidavit based on my own personal knowledge of the matters contained
herein unless they are made upon information and belief.
3. am the President and Chief Executive Officer of Cyberlux Corporation.
4. Cyberlux engages multiple independent contractor consultants to identify and
source commercial contracts for Cyberlux. Cyberlux's independent contractor consultants receive
commission on commercial contracts, if any, actually sourced by that consultant. There are no
geographic-based exclusivity rights or restrictions which limit Cyberlux consultant from
pursuing or successfully sourcing contracts in any region or country.
5. Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates
began seeking opportunities
to sell certain Cyberlux tactical drones to the Ukrainian government.
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted written order
to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the
Ukrainian government also expressed interest in acquiring Cyberlux drones in 2022.
Electronically Filed Date: 12/4/2025 4:09 PM Durham Superior Court County Clerk of Superior Court GM
questionquestion
Do the executed Montague and WeShield agreements and origination records support Schmidt’s geographic-exclusivity and sourcing descriptions?
questionquestion
What conduct, contractual provisions and payment ledger establish the claimed breach, stopped quarterly fees and full-payment calculation?
questionquestion
What government shipment records substantiate the information-and-belief estimate of fewer than 400 drones sent onward to Ukraine?
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.
Schmidt says the subcontract did not require Cyberlux travel to Ukraine or performance specifically for its benefit and that the US government controlled foreign onward destinations. His estimate that fewer than 400 HII-purchased drones were subsequently sent to Ukraine is expressly on information and belief, not personal delivery knowledge.supportsWhat government shipment records substantiate the information-and-belief estimate of fewer than 400 drones sent onward to Ukraine?
Specifically named source propositions support the bounded distinction or question.
He says he determined in early 2025 that Montague managing partner Denis Kalenja breached his consulting agreement through detrimental conduct and therefore stopped separate quarterly consulting fees. The file identifies no particular conduct or adjudication of breach.supportsWhat conduct, contractual provisions and payment ledger establish the claimed breach, stopped quarterly fees and full-payment calculation?
Specifically named source propositions support the bounded distinction or question.
Schmidt credits Assure Global LLC d/b/a WeShield with generating demand and supporting efforts that produced both the HII/FEDSIM prime and the HII subcontract. He says WeShield will receive a commission once Cyberlux receives the funds; no rate, quantified amount or calendar deadline is stated.supportsDo the executed Montague and WeShield agreements and origination records support Schmidt’s geographic-exclusivity and sourcing descriptions?
Specifically named source propositions support the bounded distinction or question.
Schmidt credits Assure Global LLC d/b/a WeShield with generating demand and supporting efforts that produced both the HII/FEDSIM prime and the HII subcontract. He says WeShield will receive a commission once Cyberlux receives the funds; no rate, quantified amount or calendar deadline is stated.supportsDoes Schmidt deny WeShield originated the HII opportunity?
Specifically named source propositions support the bounded distinction or question.
Schmidt states Cyberlux uses multiple independent consultants paid commission only on commercial contracts they actually source, with no geographically exclusive rights or restrictions preventing consultants from pursuing contracts in any country or region. This is his description, not a review of every consulting agreement.supportsDo the executed Montague and WeShield agreements and origination records support Schmidt’s geographic-exclusivity and sourcing descriptions?
Specifically named source propositions support the bounded distinction or question.
He describes responding to HII RFQ 03102023 in March 2023, a revised June 24 proposal for Model-K8-1 and K8-2 drones, and the August 29, 2023 P000043846 subcontract under HII’s FEDSIM prime. He says pricing and quantities came from that proposal, with delivery FOB Origin to Dover Air Force Base. The instruments are not embedded.supportsThe declaration reallocates origination credit from Montague to WeShield and distinguishes direct Ukrainian orders from US-prime procurement. That account can inform comparison of competing consultancy claims but does not decide contractual entitlement.
Specifically named source propositions support the bounded distinction or question.
Schmidt credits Assure Global LLC d/b/a WeShield with generating demand and supporting efforts that produced both the HII/FEDSIM prime and the HII subcontract. He says WeShield will receive a commission once Cyberlux receives the funds; no rate, quantified amount or calendar deadline is stated.supportsThe declaration reallocates origination credit from Montague to WeShield and distinguishes direct Ukrainian orders from US-prime procurement. That account can inform comparison of competing consultancy claims but does not decide contractual entitlement.
Specifically named source propositions support the bounded distinction or question.
Schmidt claims full payment of commissions and fees owed under Montague’s 2019 and 2023 amended consulting agreements and reports cumulative payments of $1,671,047.68 from November 1, 2021 through December 30, 2024. No ledger or agreements accompany this figure; the full-payment assertion must be retained alongside his admission of stopping later quarterly payments.supportsWhat conduct, contractual provisions and payment ledger establish the claimed breach, stopped quarterly fees and full-payment calculation?
Specifically named source propositions support the bounded distinction or question.
He reports a 2022 Ukrainian armed-forces order for 1,000 FlightEye KOA031831 Model-K drones and other expressions of interest, but says the order was never consummated, no such models were sold or delivered, Cyberlux never sold drones or services to the Ukrainian government, and pre-January 2023 requests never produced a commercial contract. This distinguishes his asserted direct sales history from later HII procurement.supportsThe declaration reallocates origination credit from Montague to WeShield and distinguishes direct Ukrainian orders from US-prime procurement. That account can inform comparison of competing consultancy claims but does not decide contractual entitlement.
Specifically named source propositions support the bounded distinction or question.
He denies Montague sourced the HII subcontract, communicated with HII about it, or provided services resulting in the subcontract and concludes Montague is not entitled to the commissions claimed. Entitlement is his disputed legal position.supportsThe declaration reallocates origination credit from Montague to WeShield and distinguishes direct Ukrainian orders from US-prime procurement. That account can inform comparison of competing consultancy claims but does not decide contractual entitlement.
Specifically named source propositions support the bounded distinction or question.
He denies Montague sourced the HII subcontract, communicated with HII about it, or provided services resulting in the subcontract and concludes Montague is not entitled to the commissions claimed. Entitlement is his disputed legal position.supportsDo the executed Montague and WeShield agreements and origination records support Schmidt’s geographic-exclusivity and sourcing descriptions?
Specifically named source propositions support the bounded distinction or question.
He denies Montague sourced the HII subcontract, communicated with HII about it, or provided services resulting in the subcontract and concludes Montague is not entitled to the commissions claimed. Entitlement is his disputed legal position.supportsDoes Schmidt deny WeShield originated the HII opportunity?
Specifically named source propositions support the bounded distinction or question.
WEIGH
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No published WEIGH run
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