Evidence Record

Exhibit 30

Now comes Interpleader Defendant/Claimant Fairwinds Technologies, LLC ("Fairwinds"), who submits the following responses to the Interrogatory and Document Requests agreed to by all Parties in the Joint Discovery Plan [Doc. 147] filed with the...

Type
exhibit
Court
EDVA
Case
HII v. Cyberlux interpleader
Docket
3:25-cv-00483
Pages
6
Lines
134
SHA-256
f090745fd61e

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
discovery_response
Total Nodes
32
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
discovery_response Fairwinds Technologies, LLC via Jones Walker LLP federal_civil_litigation_interpleader 2022-10-03 to 2026-03-09
liquidated_debt_claimteaming_agreement_disputecommission_calculation
Analytical Frame
creditor_claim_assertion
Analytical Summary
Fairwinds Technologies, LLC filed a discovery response in an interpleader action asserting a $2,348,542.00 claim against Cyberlux Corporation for unpaid commissions under teaming agreements. The claim stems from two agreements: an initial October 3, 2022 teaming agreement and a June 7, 2023 Strategic Business Development Service and Supply Teaming Contract, both providing Fairwinds 8% commission on the first 1000 Cyberlux Model K8 Aircraft (Drones) delivered to HII. Cyberlux CEO Mark Schmidt acknowledged the debt via spreadsheet on July 8, 2025 and promised payment from remaining HII funds now deposited with the Court. Fairwinds claims no security interest, lien, or assignment, but asserts the debt was liquidated when Cyberlux documented the amount owed based on invoices to HII.
Key Points
  • Fairwinds claims $2,348,542.00 from Cyberlux Corporation in interpleader proceeds
  • Claim based on 8% commission agreement for first 1000 Cyberlux Model K8 Aircraft delivered to HII
  • Two teaming agreements: October 3, 2022 initial agreement and June 7, 2023 Strategic Business Development Contract
  • Debt liquidated July 8, 2025 when Cyberlux CEO Mark Schmidt provided spreadsheet backed by HII invoices
  • Cyberlux does not dispute validity of agreements or amount owed
  • No security interest, lien, assignment, interest claim, or attorneys' fees sought
Stage 2
Core — Entities, Events, Claims
15 nodes
ENT-001
Entity
Fairwinds Technologies, LLC
Interpleader Defendant/Claimant seeking payment for business development services under teaming agreements with Cyberlux Corporation
Page 2 — Now comes Interpleader Defendant/Claimant Fairwinds Technologies, LLC ("Fairwinds"), who submits the following responses to the Interrogatory and Document Requests
ENT-002
Entity
Cyberlux Corporation
Debtor entity that entered teaming agreements with Fairwinds and allegedly owes $2,348,542.00 for commissions on drone sales
Page 3 — The debt is related to a Teaming Agreement initially entered into by Cyberlux and Fairwinds on October 3, 2022
ENT-003
Entity
HII Mission Technologies Corp.
Interpleader Plaintiff and Prime Contractor for drone purchase, source of funds now deposited with Court
Page 3 — When HII was chosen as Prime Contractor, Cyberlux and Fairwinds entered into a Strategic Business Development Service and Supply Teaming Contract
ENT-004
Entity
Mark Schmidt
Chief Executive Officer of Cyberlux Corporation who acknowledged debt to Fairwinds and promised payment
Page 3 — On July 8, 2025, Mark Schmidt, Cyberlux's Chief Executive Officer, sent Fairwinds a spreadsheet backed up by invoices to HII documenting the amount Cyberlux invoiced HII for the Drones and the amount due Fairwinds
ENT-005
Entity
Thomas Wirth
General Counsel of Fairwinds Technologies, LLC who verified the discovery responses under penalty of perjury
Page 6 — I, Thomas Wirth, General Counsel of Fairwinds Technologies LLC, declare under penalty of perjury under the laws of the United States of America
ENT-006
Entity
Cyberlux Model K8 Aircraft
Drone product that is the subject of the teaming agreements and commission calculations
Page 3 — Fairwinds agreed to assist Cyberlux to secure a contract for the sale of Cyberlux Model K8 Aircraft ("Drones")
EVT-001
Event
Initial Teaming Agreement
Cyberlux and Fairwinds entered initial Teaming Agreement on October 3, 2022, establishing 8% commission structure
Page 3 — The debt is related to a Teaming Agreement initially entered into by Cyberlux and Fairwinds on October 3, 2022
EVT-002
Event
Strategic Business Development Contract
Cyberlux and Fairwinds executed Strategic Business Development Service and Supply Teaming Contract on June 7, 2023, reaffirming 8% commission
Page 3 — When HII was chosen as Prime Contractor, Cyberlux and Fairwinds entered into a Strategic Business Development Service and Supply Teaming Contract (the "Contract") on June 7, 2023. that reaffirmed that Cyberlux would pay Fairwinds eight (8%) of the value of the first 1000 Drones delivered to HII.
EVT-003
Event
Debt Acknowledgment and Liquidation
Mark Schmidt sent spreadsheet to Fairwinds on July 8, 2025, documenting amount owed and promising payment from HII funds
Page 3 — On July 8, 2025, Mark Schmidt, Cyberlux's Chief Executive Officer, sent Fairwinds a spreadsheet backed up by invoices to HII documenting the amount Cyberlux invoiced HII for the Drones and the amount due Fairwinds in exchange for the consulting and business support services Fairwinds had provided Cyberlux. Fairwinds responded by issuing an invoice to which Mr. Schmidt said would be paid to Fairwinds out of the remaining amount HII owed to Cyberlux.
EVT-004
Event
Discovery Response Filing
Fairwinds filed discovery responses on March 9, 2026, asserting claim to interpleader proceeds
Page 5 — Date: March 9, 2026
CLM-001
Claim
Fairwinds Claims $2,348,542.00
Fairwinds asserts Cyberlux owes exactly $2,348,542.00 based on 8% commission on drone deliveries to HII
Page 2 — Cyberlux owes Fairwinds $2,348,542.00.
CLM-002
Claim
8% Commission Agreement
Fairwinds claims entitlement to 8% of contract value for first 1000 drones delivered to HII under teaming agreements
Page 3 — if another party was chosen to serve as prime contractor, would receive eight percent (8%) of the contract value associated with the first 1000 Drones delivered
CLM-003
Claim
Cyberlux Does Not Dispute Debt
Fairwinds claims Cyberlux does not dispute validity of agreements, amount owed, or promise of payment from Court-deposited funds
Page 3 — Cyberlux does not dispute the validity of the agreements between it and Fairwinds, the amount due to Fairwinds, or the fact that Mr. Schmidt told Fairwinds it would be paid that amount out of the remaining funds HII owed to Cyberlux, the same funds deposited with the Court.
CLM-004
Claim
No Security Interest or Lien
Fairwinds asserts no security interest, lien, or assignment in the interpleader proceeds
Page 4 — (d) Whether you claim a security interest in, lien on, or assignment of all or any portion of the proceeds and, if so, provide your claimed priority date and explain the basis for your security interest, lien, or assignment. Response: None.
CLM-005
Claim
Debt Liquidated July 8, 2025
Fairwinds claims debt became liquidated when Cyberlux provided detailed spreadsheet of invoices and amounts owed
Page 4 — The amount was liquidated on or about July 8, 2025, when Cyberlux sent to Fairwinds a spreadsheet detailing the amount owed to Fairwinds on its commission based upon the total amount Cyberlux had invoiced HII.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
10 nodes
QUO-001
Quotation
Schmidt Promise of Payment
Mark Schmidt promised payment to Fairwinds from remaining HII funds, which are now the Court-deposited proceeds
Page 3 — Fairwinds responded by issuing an invoice to which Mr. Schmidt said would be paid to Fairwinds out of the remaining amount HII owed to Cyberlux. Cyberlux told Fairwinds those are the funds placed in deposit with the Court.
TLL-001
Tell
Commission Structure Design
The teaming agreement structured compensation as either prime contractor opportunity OR 8% commission if another party became prime
Page 3 — Fairwinds agreed to assist Cyberlux to secure a contract for the sale of Cyberlux Model K8 Aircraft ("Drones") and in exchange would be given the opportunity to serve as prime contractor for the sale of the aircraft, or if another party was chosen to serve as prime contractor, would receive eight percent (8%) of the contract value
TLL-002
Tell
First 1000 Units Cap
Commission agreement explicitly limited to first 1000 drones delivered, suggesting expectation of larger program
Page 3 — would receive eight percent (8%) of the contract value associated with the first 1000 Drones delivered
TLL-003
Tell
Spreadsheet Documentation Method
Cyberlux CEO used spreadsheet backed by HII invoices as formal method to document and acknowledge debt
Page 3 — Mark Schmidt, Cyberlux's Chief Executive Officer, sent Fairwinds a spreadsheet backed up by invoices to HII documenting the amount Cyberlux invoiced HII for the Drones and the amount due Fairwinds
TEN-001
Tension
Interpleader Context vs. Non-Dispute
Fairwinds claims Cyberlux does not dispute the debt, yet funds are held in interpleader suggesting competing claims or uncertainty
Page 3 — Cyberlux does not dispute the validity of the agreements between it and Fairwinds, the amount due to Fairwinds
TEN-002
Tension
Multiple Claimants to Same Funds
Document identifies numerous other claimants including Atlantic Wave Holdings, Secure Community, Legalist SPV III, US Government, and Receiver, suggesting contested proceeds
Page 2 — CYBERLUX CORPORATION; ATLANTIC WAVE HOLDINGS, LLC; SECURE COMMUNITY, LLC; LEGALIST SPV III, LP; UNITED STATES OF AMERICA; ADVANCED NAVIGATION AND POSITIONING CORPORATION; and ROBERT W. BERLETH, solely in his capacity as Receiver for Cyberlux Corporation, Interpleader Defendants/Claimants
QST-001
Question
Actual Drone Delivery Count
How many Cyberlux Model K8 Aircraft were actually delivered to HII, and does this affect the commission calculation?
Page 3 — would receive eight percent (8%) of the contract value associated with the first 1000 Drones delivered
QST-002
Question
Total Interpleader Fund Amount
What is the total amount of funds HII deposited with the Court, and how does it compare to aggregate claims?
Page 3 — Cyberlux told Fairwinds those are the funds placed in deposit with the Court
QST-003
Question
Nature of Other Claims
What are the bases and amounts of claims by Atlantic Wave Holdings, Secure Community, Legalist SPV III, and the US Government?
Page 2 — ATLANTIC WAVE HOLDINGS, LLC; SECURE COMMUNITY, LLC; LEGALIST SPV III, LP; UNITED STATES OF AMERICA
QST-004
Question
Priority Among Unsecured Creditors
If multiple unsecured creditors exist, what priority rules apply in distributing insufficient interpleader funds?
Page 4 — Response: None.
Stage 4
Interpretive — Inferences, Omissions, Patterns
7 nodes
INF-001
Inference
Business Development Services Rendered
Fairwinds likely provided substantial business development and consulting services to help Cyberlux secure HII contract, justifying commission structure
Page 3 — the amount due Fairwinds in exchange for the consulting and business support services Fairwinds had provided Cyberlux
INF-002
Inference
Cyberlux Financial Distress
Presence of Receiver and multiple creditor claims suggests Cyberlux experienced financial distress, potentially explaining non-payment to Fairwinds
Page 2 — ROBERT W. BERLETH, solely in his capacity as Receiver for Cyberlux Corporation
INF-003
Inference
Unsecured Creditor Status
Fairwinds' explicit statement of no security interest suggests it is an unsecured creditor, potentially disadvantaging its claim against secured creditors
Page 4 — (d) Whether you claim a security interest in, lien on, or assignment of all or any portion of the proceeds and, if so, provide your claimed priority date and explain the basis for your security interest, lien, or assignment. Response: None.
INF-004
Inference
HII Self-Protection Strategy
HII's interpleader filing suggests it sought to avoid liability exposure by depositing disputed funds with Court rather than risk paying wrong party
Page 2 — HII MISSION TECHNOLOGIES CORP., Interpleader Plaintiff
INF-005
Inference
Reaffirmation Suggests Negotiation
June 2023 contract 'reaffirmed' October 2022 terms, suggesting possible intervening discussions or concerns that required formal restatement
Page 3 — Cyberlux and Fairwinds entered into a Strategic Business Development Service and Supply Teaming Contract (the "Contract") on June 7, 2023. that reaffirmed that Cyberlux would pay Fairwinds eight (8%)
OMI-001
Omission
No Documentation of Services
Fairwinds does not describe specific business development services rendered, relying solely on contractual commission structure
Page 3 — the amount due Fairwinds in exchange for the consulting and business support services Fairwinds had provided Cyberlux
OMI-002
Omission
No Written Acknowledgment Provided
Response claims Schmidt acknowledged debt and promised payment but does not attach his email, spreadsheet, or written confirmation
Page 3 — Mark Schmidt, Cyberlux's Chief Executive Officer, sent Fairwinds a spreadsheet backed up by invoices to HII documenting the amount

Extracted text

6 pages · 6003 characters

Exhibit 30 — Formatted Extract

Type: exhibit
Court: EDVA
Matter: HII v. Cyberlux interpleader
Docket: 3:25-cv-00483
EXHIBIT 30

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

HII MISSION TECHNOLOGIES CORP.,

Interpleader Plaintiff

v. CYBERLUX CORPORATION; ATLANTIC WAVE HOLDINGS, LLC; SECURE COMMUNITY, LLC; LEGALIST SPV III, LP; UNITED STATES OF AMERICA; ADVANCED NAVIGATION AND POSITIONING CORPORATION; and ROBERT W. BERLETH, solely in his capacity as Receiver for Cyberlux Corporation,

Interpleader Defendants/Claimants

Civil Action No: 3:25-cv-483-JAG

FAIRWINDS TECHNOLOGIES, LLC'S RESPONSE TO THE JOINT DISCOVERY PLAN INTERROGATORY AND DOCUMENT REQUESTS

Now comes Interpleader Defendant/Claimant Fairwinds Technologies, LLC ("Fairwinds"), who submits the following responses to the Interrogatory and Document Requests agreed to by all Parties in the Joint Discovery Plan [Doc. 147] filed with the Court on February 12, 2026, as follows:

INTERROGATORY:

Explain the nature of your claim to any of the proceeds that are the subject of this interpleader, including an explanation of:

(a) The amount of the proceeds that you claim.

Response:

Cyberlux owes Fairwinds $2,348,542.00.

(b) The legal basis for your right to the proceeds.

Response:

The debt is related to a Teaming Agreement initially entered into by Cyberlux and Fairwinds on October 3, 2022, whereby Fairwinds agreed to assist Cyberlux to secure a contract for the sale of Cyberlux Model K8 Aircraft ("Drones") and in exchange would be given the opportunity to serve as prime contractor for the sale of the aircraft, or if another party was chosen to serve as prime contractor, would receive eight percent (8%) of the contract value associated with the first 1000 Drones delivered. When HII was chosen as Prime Contractor, Cyberlux and Fairwinds entered into a Strategic Business Development Service and Supply Teaming Contract (the "Contract") on June 7, 2023. that reaffirmed that Cyberlux would pay Fairwinds eight (8%) of the value of the first 1000 Drones delivered to HII. On July 8, 2025, Mark Schmidt, Cyberlux's Chief Executive Officer, sent Fairwinds a spreadsheet backed up by invoices to HII documenting the amount Cyberlux invoiced HII for the Drones and the amount due Fairwinds in exchange for the consulting and business support services Fairwinds had provided Cyberlux. Fairwinds responded by issuing an invoice to which Mr. Schmidt said would be paid to Fairwinds out of the remaining amount HII owed to Cyberlux. Cyberlux told Fairwinds those are the funds placed in deposit with the Court. Cyberlux does not dispute the validity of the agreements between it and Fairwinds, the amount due to Fairwinds, or the fact that Mr. Schmidt told Fairwinds it would be paid that amount out of the remaining funds HII owed to Cyberlux, the same funds deposited with the Court.

(c) How the amount you claim became a liquidated amount or, if not liquidated, state so.

Response:

The amount was liquidated on or about July 8, 2025, when Cyberlux sent to Fairwinds a spreadsheet detailing the amount owed to Fairwinds on its commission based upon the total amount Cyberlux had invoiced HII.

(d) Whether you claim a security interest in, lien on, or assignment of all or any portion of the proceeds and, if so, provide your claimed priority date and explain the basis for your security interest, lien, or assignment.

Response:

None.

(e) Whether you claim a right to interest and, if so, the amount and basis for continuing accrual thereof, if any.

Response:

None.

(f) Whether you claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim.

Response:

None.

(g) For any creditor claiming a secured interest, identify the date(s) on which advances were made to Cyberlux or on its behalf for which any secured interest is claimed.

Response:

Not applicable.

DOCUMENT REQUEST i:

i. Documents supporting or otherwise concerning your answer to the above interrogatory.

Response:

Documents responsive to this request are labeled Fairwinds-0001 through Fairwinds- 0132.

DOCUMENT REQUEST ii:

ii. All documents on which you rely to assert any security interest in, lien on, or assignment of the proceeds that are the subject of this interpleader.

Response:

Not applicable.

Date: March 9, 2026

Respectfully submitted,

ALEXANDER N. BRECKINRIDGE V (VSB #74708) MARK A. MINTZ (admitted pro hac vice) JONES WALKER LLP 1 M Street SE, Suite 600 Washington, DC 20003 Telephone: (202) 203-1021 Facsimile: (202) 203-0000 abreckinridge@joneswalker.com mmintz@joneswalker.com Counsel for Intervenor, Fairwinds Technologies, LLC

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing response was served via email on all counsel of record.

This the 9th day of March, 2026.

ALEXANDER N. BRECKINRIDGE V

CERTIFICATION
Declaration

I, Thomas Wirth, General Counsel of Fairwinds Technologies LLC, declare under penalty of perjury under the laws of the United States of America that: I am duly authorized to verify the foregoing interrogatory responses and document requests on behalf of Fairwinds Technologies, LLC; that the information contained in the foregoing responses has been collected and the responses prepared with the advice and assistance of counsel; and that, subject to any inadvertent or undiscovered errors, and based on the records and information still in existence and thus far discovered, the foregoing responses are true and correct.

Thomas O. Wirts THOMAS WIRTH, Esq. General Counsel of Fairwinds Technologies, LLC

Original source file

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File
ip-hii-edva-00483-doc-0175-exhibit-32.pdf
Source UID
source:f090745fd61ed079de4c38935a255a638bac79016fa212ad8e8de8f999a2744d
Full SHA-256
f090745fd61ed079de4c38935a255a638bac79016fa212ad8e8de8f999a2744d