Evidence Record
Notice of Withdrawal of Motion for Temporary Restraining Order, Motion for Expedited Discovery, and Notice of Hearing
PLEASE TAKE NOTICE that Plaintiff Montague Capital Partners, LLC hereby withdraws its Motion for Temporary Restraining Order, Motion for Expedited Discovery, and its Notice of Hearing in this matter for Friday, June 27, 2025,...
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
Notice of Withdrawal (Procedural Motion)
Total Nodes
21
Node Legend
Entity (ENT)
Event (EVT)
Claim (CLM)
Anchor (ANC)
Omission (OMI)
Tension (TEN)
Tell (TEL)
Inference (INF)
Hypothesis (HYP)
Stage 1
Index
Orientation · No nodes
Document Classification
Notice of Withdrawal (Procedural Motion) Plaintiff Montague Capital Partners, LLC through counsel Parry Law PLLC Civil litigation - Durham County NC Superior Court 2025-06-26
without_prejudice_withdrawalemergency_motion_withdrawnscheduled_hearing_cancelled
Analytical Frame
Pre-trial motion practice and strategic positioning
Analytical Summary
On June 26, 2025, Plaintiff Montague Capital Partners LLC withdrew its Motion for Temporary Restraining Order and Motion for Expedited Discovery in case 25CV006375-310 against Cyberlux Corporation in Durham County Superior Court. The withdrawal was filed one day before a scheduled hearing on June 27, 2025 at 9:30 am before Judge Hoyt Tessener. Critically, the withdrawal is explicitly stated as 'without prejudice,' preserving Plaintiff's right to refile these same emergency motions at a later time. The timing and preservation of refiling rights suggests potential strategic recalibration rather than abandonment of the underlying urgent claims that would justify a TRO.
Key Points
- Plaintiff withdrew emergency TRO motion one day before scheduled hearing
- Withdrawal is explicitly 'without prejudice' to future refiling
- Motion for Expedited Discovery also withdrawn simultaneously
- Hearing scheduled for June 27, 2025 at 9:30 am before Judge Tessener cancelled
- No explanation provided in document for withdrawal timing or rationale
Stage 2
Core — Entities, Events, Claims
11 nodes
ENT-001
Entity
Montague Capital Partners, LLC
Plaintiff corporation in civil litigation matter 25CV006375-310 in Durham County Superior Court, represented by Parry Law PLLC and Jason M. Zoladz
Page 1 — MONTAGUE CAPITAL PARTNERS, LLC, Plaintiff
ENT-002
Entity
Cyberlux Corporation
Defendant corporation in civil litigation matter 25CV006375-310, represented by Doug Grimes of Allen, Chesson & Grimes PLLC
Page 1 — CYBERLUX CORPORATION Defendant
ENT-003
Entity
Judge Hoyt Tessener
Durham County Superior Court judge scheduled to hear emergency motions on June 27, 2025
Page 1 — before Judge Hoyt Tessener
ENT-004
Entity
Deanna Anderson
Attorney for Plaintiff, North Carolina State Bar No. 22449, with Parry Law PLLC, Chapel Hill NC, who signed the withdrawal notice
Page 2 — Deanna Anderson North Carolina State Bar No. 22449 Parry Law, PLLC 100 Europa Drive, Suite 351 Chapel Hill, NC 27517
ENT-005
Entity
K. Alan Parry
Attorney for Plaintiff, North Carolina State Bar No. 31343, with Parry Law PLLC
Page 2 — K. Alan Parry North Carolina State Bar No. 31343
ENT-006
Entity
Jason M. Zoladz
Attorney for Plaintiff with pro hac vice application pending, New York State Bar No. 4250593, California State Bar No. 237921, based in Los Angeles
Page 2 — Jason M. Zoladz (pro hac vice application pending) New York State Bar No. 4250593 California State Bar No. 237921 P.O. Box 26954 Los Angeles, CA 90026
ENT-007
Entity
Doug Grimes
Attorney for Defendant Cyberlux Corporation with Allen, Chesson & Grimes PLLC in Charlotte NC
Page 3 — Doug Grimes Allen, Chesson & Grimes PLLC 505 N. Church Street Charlotte, NC 28202
EVT-001
Event
Withdrawal of Emergency Motions
On June 26, 2025, Plaintiff Montague Capital Partners LLC filed Notice of Withdrawal of Motion for Temporary Restraining Order, Motion for Expedited Discovery, and Notice of Hearing, explicitly preserving right to refile these motions
Page 1, 2 — Plaintiff Montague Capital Partners, LLC hereby withdraws its Motion for Temporary Restraining Order, Motion for Expedited Discovery, and its Notice of Hearing in this matter for Friday, June 27, 2025, at 9:30 am before Judge Hoyt Tessener, without prejudice to bring these Motions at a later time. DATED: June 26, 2025
EVT-002
Event
Scheduled Hearing Cancelled
Hearing on emergency motions scheduled for June 27, 2025 at 9:30 am before Judge Hoyt Tessener cancelled due to withdrawal
Page 1 — its Notice of Hearing in this matter for Friday, June 27, 2025, at 9:30 am before Judge Hoyt Tessener
EVT-003
Event
Electronic Filing
Document electronically filed with Durham Superior Court on June 26, 2025 at 12:46 PM
Page 1 — Electronically Filed Date: 6/26/2025 12:46 PM Durham Superior Court County Clerk of Superior Court
CLM-001
Claim
Without Prejudice Withdrawal
Plaintiff explicitly preserves the right to refile the Motion for Temporary Restraining Order and Motion for Expedited Discovery at a future time
Page 1 — without prejudice to bring these Motions at a later time
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
4 nodes
TEN-001
Tension
Emergency Motion Withdrawn Day Before Hearing
Plaintiff withdrew emergency TRO motion on June 26, 2025, just one day before the scheduled June 27, 2025 hearing, suggesting either resolution of the emergency circumstances or tactical repositioning
Page 1, 2 — Plaintiff Montague Capital Partners, LLC hereby withdraws its Motion for Temporary Restraining Order, Motion for Expedited Discovery, and its Notice of Hearing in this matter for Friday, June 27, 2025, at 9:30 am before Judge Hoyt Tessener, without prejudice to bring these Motions at a later time. DATED: June 26, 2025
QST-001
Question
Reason for Late Withdrawal
What circumstances led Plaintiff to withdraw emergency motions one day before hearing rather than earlier in the litigation timeline?
Page 1 — Plaintiff Montague Capital Partners, LLC hereby withdraws its Motion for Temporary Restraining Order, Motion for Expedited Discovery, and its Notice of Hearing in this matter for Friday, June 27, 2025
QST-002
Question
Underlying TRO Basis Unknown
What emergency circumstances justified the original TRO motion, and have those circumstances been resolved or will they support future refiling?
Page 1 — Motion for Temporary Restraining Order... without prejudice to bring these Motions at a later time
QST-003
Question
Settlement Negotiations Possible
Does the withdrawal indicate ongoing settlement discussions or pre-hearing agreement between parties?
Page 1 — Plaintiff Montague Capital Partners, LLC hereby withdraws its Motion for Temporary Restraining Order, Motion for Expedited Discovery, and its Notice of Hearing
Stage 4
Interpretive — Inferences, Omissions, Patterns
6 nodes
INF-001
Inference
Strategic Preservation of Options
The explicit 'without prejudice' language suggests Plaintiff is strategically preserving its ability to seek emergency relief while potentially pursuing alternative approaches such as negotiation or revised motion strategy
Page 1 — without prejudice to bring these Motions at a later time
INF-002
Inference
Expedited Discovery Linkage
The simultaneous withdrawal of both TRO and expedited discovery motions suggests these were procedurally linked, with expedited discovery likely intended to support the TRO showing
Page 1 — withdraws its Motion for Temporary Restraining Order, Motion for Expedited Discovery
INF-003
Inference
Timing Suggests Late Development
The withdrawal occurring at 12:46 PM on June 26 for a June 27 morning hearing suggests a development or decision made very close to the hearing date, rather than planned withdrawal
Page 1 — Electronically Filed Date: 6/26/2025 12:46 PM Durham Superior Court County Clerk of Superior Court... for Friday, June 27, 2025, at 9:30 am
OMI-001
Omission
No Explanation for Withdrawal
The notice provides no explanation or justification for why the emergency motions are being withdrawn, leaving the rationale opaque to the court and opposing party
Page 1 — Plaintiff Montague Capital Partners, LLC hereby withdraws its Motion for Temporary Restraining Order, Motion for Expedited Discovery, and its Notice of Hearing in this matter for Friday, June 27, 2025, at 9:30 am before Judge Hoyt Tessener, without prejudice to bring these Motions at a later time
OMI-002
Omission
No Reference to Underlying Case Facts
The withdrawal notice contains no reference to the underlying dispute, claims, or factual circumstances between Montague Capital and Cyberlux, providing only procedural withdrawal
Page 1 — MONTAGUE CAPITAL PARTNERS, LLC, Plaintiff, VS. CYBERLUX CORPORATION Defendant. NOTICE OF WITHDRAWAL OF MOTION FOR TEMPORARY RESTRAINING ORDER
OMI-003
Omission
No Indication of Party Agreement
Document does not indicate whether withdrawal was coordinated with opposing counsel or resulted from stipulation, though certificate of service shows opposing counsel was notified
Page 3 — I certify that a copy of the foregoing document in the above-entitled action was served on all parties by electronically filing it, and emailing it to: Doug Grimes
Extracted text
3 pages · 1720 charactersFiling Header
STATE OF NORTH CAROLINA DURHAM COUNTY
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION No. 25CV006375-310
MONTAGUE CAPITAL PARTNERS, LLC, Plaintiff,
VS. CYBERLUX CORPORATION Defendant.
NOTICE OF WITHDRAWAL OF MOTION FOR TEMPORARY RESTRAINING ORDER, MOTION FOR EXPEDITED DISCOVERY, AND NOTICE OF HEARING (without prejudice)
PLEASE TAKE NOTICE that Plaintiff Montague Capital Partners, LLC hereby withdraws its Motion for Temporary Restraining Order, Motion for Expedited Discovery, and its Notice of Hearing in this matter for Friday, June 27, 2025, at 9:30 am before Judge Hoyt Tessener, without prejudice to bring these Motions at a later time.
[No further text on this page]
DATED: June 26, 2025
Respectfully Submitted,
/s/ Deanna Anderson
K. Alan Parry North Carolina State Bar No. 31343 Deanna Anderson North Carolina State Bar No. 22449 Parry Law, PLLC 100 Europa Drive, Suite 351 Chapel Hill, NC 27517 Telephone: (919) 913-3320 kap@parrylaw.com dda@parryfirm.com
Jason M. Zoladz (pro hac vice application pending) New York State Bar No. 4250593 California State Bar No. 237921 P.O. Box 26954 Los Angeles, CA 90026 Tel: (917) 698-9995 jason@zoladzlaw.com
Counsel for Plaintiff Montague Capital Partners, LLC
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing document in the above-entitled action was served on all parties by electronically filing it, and emailing it to:
Doug Grimes Allen, Chesson & Grimes PLLC 505 N. Church Street Charlotte, NC 28202 704-755-6012 dgrimes@allenchesson.com
Counsel for Cyberlux Corporation
This the 26th day of June 2025.
/s/ Deanna Anderson Deanna Anderson
Original source file
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