Evidence Record
Plaintiff’s Motion for Summary Judgment
1. I am a resident and citizen of the State of North Carolina and I am over the age of eighteen (18) years and competent to make this affidavit.
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
legal_declaration
Total Nodes
33
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
legal_declaration defendant_executive commercial_litigation_commission_dispute 2022-2025
competing_attribution_claimsconsultant_terminationgovernment_contract_chain
Analytical Frame
contract_performance_attribution
Analytical Summary
Mark Schmidt, CEO of Cyberlux Corporation, declares that consultant Montague Capital Partners is not entitled to commissions on a 2023 HII subcontract for tactical drones, asserting a different consultant (WeShield) sourced that contract. Schmidt states Cyberlux uses multiple independent consultants without geographic exclusivity, and various parties pursued Ukrainian drone sales beginning in 2022, though early Ukrainian orders were never consummated. The HII subcontract originated from a March 2023 RFQ response, formalized in August 2023 under a federal prime contract, with delivery to Dover Air Force Base and no Ukraine-specific obligations. Schmidt terminated Montague's quarterly consulting fees in early 2025 for alleged detrimental conduct, claiming all owed commissions totaling $1,671,047.68 have been paid through December 2024.
Key Points
- Cyberlux uses multiple independent consultants without geographic exclusivity for contract sourcing
- Multiple parties pursued Ukrainian government drone sales in 2022, but no contracts were consummated before January 2023
- HII subcontract originated from March 2023 RFQ, formalized August 29, 2023 under federal prime contract
- Defendant attributes HII contract sourcing to WeShield consultant, not plaintiff Montague
- Defendant terminated plaintiff's consulting fees in early 2025 for alleged detrimental conduct
- Defendant claims $1.67M in total payments satisfies all obligations to plaintiff
Stage 2
Core — Entities, Events, Claims
21 nodes
ENT-001
Entity
Mark Schmidt
Mark Schmidt, President and Chief Executive Officer of Cyberlux Corporation, declarant in opposition to summary judgment motion.
Page 1 — I am the President and Chief Executive Officer of Cyberlux Corporation.
ENT-002
Entity
Cyberlux Corporation
Cyberlux Corporation, defendant in commercial litigation, manufacturer of tactical drones including FlightEye and Model-K8 series, employer of multiple independent contractor consultants for contract sourcing.
Page 1 — Cyberlux Corporation, Defendant... Cyberlux engages multiple independent contractor consultants to identify and source commercial contracts for Cyberlux.
ENT-003
Entity
Montague Capital Partners, LLC
Montague Capital Partners, LLC, plaintiff in commission dispute litigation against Cyberlux Corporation, independent contractor consultant whose managing partner is Denis Kalenja.
Page 1, 3 — MONTAGUE CAPITAL PARTNERS, LLC, Plaintiff... Montague Capital Partners, LLC ("Montague")... Denis Kalenja, the Managing Partner of Montague
ENT-004
Entity
Denis Kalenja
Denis Kalenja, Managing Partner of Montague Capital Partners, alleged by defendant to have breached consulting agreement through detrimental conduct.
Page 3 — Denis Kalenja, the Managing Partner of Montague, breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its business.
ENT-005
Entity
HII Defense & Federal Solutions, Inc.
HII Defense & Federal Solutions, Inc., federal contractor that issued Customer Request for Quote to Cyberlux in March 2023 and entered subcontract in August 2023.
Page 2 — Customer Request for Quote # 03102023, issued by HII Defense & Federal Solutions, Inc. ("HII")... On August 29, 2023 Cyberlux and HII entered Subcontract No. P000043846
ENT-006
Entity
Federal Systems Integration and Management Center (FEDSIM)
Federal Systems Integration and Management Center (FEDSIM), U.S. government entity holding prime contract with HII, with sole control over drone destination decisions.
Page 2 — Prime Contract No. GS00Q14OADU109 between HII and the Federal Systems Integration and Management Center ("FEDSIM"). The HII Subcontract memorialized... the United States government had sole control over whether any drones would go to Ukraine or to any other non-domestic location.
ENT-007
Entity
Assure Global LLC d/b/a WeShield
Assure Global LLC d/b/a WeShield (WeShield), Cyberlux independent contractor consultant that defendant attributes as responsible for generating demand resulting in HII subcontract.
Page 3 — 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
ENT-008
Entity
Ukrainian Government
Ukrainian Government, including Chief of the General Staff of the Armed Forces and various agencies, expressed interest in acquiring Cyberlux drones in 2022 but no contracts were consummated.
Page 1, 2 — multiple Cyberlux executives, consultants, and other affiliates began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government... the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones. Various other agencies within the Ukrainian government also expressed interest
EVT-001
Event
Ukrainian Government Order 2022
In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones, which was never consummated.
Page 1, 2 — In 2022, the Chief of the General Staff of the Armed Forces of Ukraine submitted a written order to Cyberlux for 1,000 FlightEye KOA031831 Model-K drones... The order received from the Ukrainian government for FlightEye KOA031831 Model-K drones was never consummated.
EVT-002
Event
HII RFQ Response March 2023
In March 2023, Cyberlux responded to Customer Request for Quote #03102023 issued by HII Defense & Federal Solutions with a transmittal letter proposal for drone sales.
Page 2 — In March, 2023, Cyberlux responded to Customer Request for Quote # 03102023, issued by HII Defense & Federal Solutions, Inc. ("HII") by issuing a transmittal letter proposal for the sale of drones.
EVT-003
Event
June 24, 2023 Proposal Revision
On June 24, 2023, Cyberlux revised and reissued its transmittal letter proposal to HII with pricing for Model-K8-1 and Model-K8-2 drones.
Page 2 — 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").
EVT-004
Event
HII Subcontract Execution August 29, 2023
On August 29, 2023, Cyberlux and HII entered Subcontract No. P000043846 under Prime Contract No. GS00Q14OADU109 between HII and FEDSIM, memorializing June 24, 2023 Proposal pricing for delivery FOB Origin to Dover Air Force Base.
Page 2 — On August 29, 2023 Cyberlux and HII entered Subcontract No. P000043846 (the "HII Subcontract"), under the Prime Contract No. GS00Q14OADU109 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.
EVT-005
Event
Termination of Montague Consulting Fees Early 2025
In early 2025, Mark Schmidt determined that Denis Kalenja breached his consulting agreement by engaging in detrimental conduct, and Cyberlux stopped making quarterly consulting fee payments to Montague.
Page 3 — In early 2025, I 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.
EVT-006
Event
Cumulative Payments to Montague
Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total of $1,671,047.68 in commissions and fees.
Page 3 — Between November 1, 2021 and December 30, 2024, Cyberlux paid Montague a cumulative total of $1,671,047.68.
CLM-001
Claim
No Geographic Exclusivity for Consultants
Cyberlux's independent contractor consultants operate without geographic-based exclusivity rights or restrictions, allowing any consultant to pursue contracts in any region or country.
Page 1 — There are no geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from pursuing or successfully sourcing contracts in any region or country.
CLM-002
Claim
No Ukrainian Contracts Consummated Before January 2023
None of the orders or requests to provide drones received from the Ukrainian government prior to January 2023 ultimately resulted in a commercial contract; Cyberlux never sold drones to the Ukrainian government.
Page 2 — 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 a commercial contract.
CLM-003
Claim
HII Subcontract Had No Ukraine-Specific Obligations
The HII Subcontract contained no language requiring Cyberlux to travel to or perform obligations specifically for the benefit of Ukraine; U.S. government had sole control over drone destinations.
Page 2 — The HII Subcontract contained no language requiring Cyberlux to travel to nor to perform its obligations specifically for the benefit of the Ukraine... the United States government had sole control over whether any drones would go to Ukraine or to any other non-domestic location.
CLM-004
Claim
Montague Did Not Source HII Subcontract
Montague Capital Partners did not source the HII Subcontract, had no communications with HII regarding it, and did not perform services resulting in Cyberlux securing the Subcontract.
Page 3 — 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.
CLM-005
Claim
WeShield Sourced HII Subcontract
WeShield was responsible for generating the demand and providing supporting efforts that ultimately resulted in the prime contract between HII and FEDSIM and the subsequent HII Subcontract, and will receive commission once funds are received.
Page 3 — 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 a commission for that contract once the funds are received by Cyberlux.
CLM-006
Claim
Montague Not Entitled to Commission
Montague is not entitled to payment of alleged commissions claimed in its Complaint because it did not source the HII Subcontract.
Page 3 — Accordingly, Montague is not entitled to payment of the alleged commissions claimed in its Complaint.
CLM-007
Claim
All Owed Commissions Paid in Full
Cyberlux has paid Montague in full for all commissions or fees owed under the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement.
Page 3 — 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.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
7 nodes
QUO-001
Quotation
Fewer Than 400 Drones Sent to Ukraine
Upon information and belief statement regarding ultimate destination of drones purchased by HII under the subcontract.
Page 2 — Upon information and belief, fewer than 400 of the drones purchased by HII were subsequently sent to the Ukraine.
TEN-001
Tension
Competing Attribution Claims for HII Contract
Central dispute over which consultant is entitled to commission: defendant attributes HII contract sourcing to WeShield while plaintiff Montague claims entitlement to commission, creating direct conflict over contract attribution.
Page 3 — Montague Capital Partners, LLC ("Montague") did not source the HII Subontract... 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
TEN-002
Tension
Ukraine Connection vs. U.S. Government Contract
Tension between multiple parties pursuing Ukrainian sales in 2022 (context suggesting Ukrainian market focus) and defendant's assertion that HII subcontract was purely U.S. government contract with no Ukraine-specific obligations.
Page 1, 2 — Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government... The HII Subcontract contained no language requiring Cyberlux to travel to nor to perform its obligations specifically for the benefit of the Ukraine.
QST-001
Question
Nature of Detrimental Conduct
What specific conduct did Denis Kalenja allegedly engage in that was detrimental to Cyberlux and constituted breach of consulting agreement?
Page 3 — Denis Kalenja, the Managing Partner of Montague, breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its business.
QST-002
Question
WeShield Sourcing Evidence
What documentary evidence supports WeShield's claimed responsibility for generating demand and supporting efforts that resulted in HII prime contract and subcontract?
Page 3 — 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
QST-003
Question
Montague's Ukraine Activities
What activities, if any, did Montague perform related to Ukrainian government drone sales efforts in 2022 that might form basis for commission claims?
Page 1, 3 — Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government... Montague Capital Partners, LLC ("Montague") did not source the HII Subontract
QST-004
Question
Commission Agreement Terms
What are the specific terms of the 2019 Consulting Agreement and 2023 Amended and Restated Consulting Agreement regarding commission entitlement and contract attribution?
Page 3 — 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.
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Strategic Framing as Domestic Government Contract
Defendant emphasizes HII subcontract as purely domestic U.S. government contract (Dover AFB delivery, FEDSIM prime, no Ukraine obligations) to distinguish it from earlier Ukrainian sales efforts and support argument that different attribution rules apply than plaintiff may claim.
Page 2 — 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... The HII Subcontract contained no language requiring Cyberlux to travel to nor to perform its obligations specifically for the benefit of the Ukraine.
INF-002
Inference
Non-Exclusivity as Defense Against Geographic Commission Claims
Defendant's emphasis on lack of geographic exclusivity among consultants suggests anticipation that plaintiff may claim territorial rights or exclusive commission entitlement based on Ukrainian market work, which defendant preemptively negates.
Page 1 — There are no geographic-based exclusivity rights or restrictions which limit a Cyberlux consultant from pursuing or successfully sourcing contracts in any region or country.
OMI-001
Omission
No Detail on WeShield Activities
Declaration provides no specific details about what activities WeShield performed to generate demand or support HII contract, only conclusory attribution statement, contrasting with detailed timeline of HII RFQ response and contract formation.
Page 3 — 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
OMI-002
Omission
No Specification of Detrimental Conduct
Declaration terminates Montague relationship based on alleged detrimental conduct by Denis Kalenja but provides no description of the specific conduct, timing beyond 'early 2025', or how it breached consulting agreement terms.
Page 3 — In early 2025, I determined that Denis Kalenja, the Managing Partner of Montague, breached his consulting agreement by engaging in conduct detrimental to Cyberlux and its business.
OMI-003
Omission
No Timeline of Ukrainian Sales Efforts
Declaration states multiple parties pursued Ukrainian sales beginning 2022 but provides no detail on who did what, when specific efforts occurred, or how these efforts related to eventual HII contract through FEDSIM for potential Ukraine delivery.
Page 1 — Beginning in 2022, multiple Cyberlux executives, consultants, and other affiliates began seeking opportunities to sell certain Cyberlux tactical drones to the Ukrainian government.
Extracted text
4 pages · 5129 charactersFiling Header
STATE OF NORTH CAROLINA DURHAM COUNTY
MONTAGUE CAPITAL PARTNERS, LLC,
Plaintiff,
V. CYBERLUX CORPORATION,
Defendant.
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 25CV006375-310
DECLARATION IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
I, Mark Schmidt, hereby make the following declaration:
1.
I am a resident and citizen of the State of North Carolina and I am over the age of eighteen (18) years and competent to make this affidavit.
2.
I make this affidavit based on my own personal knowledge of the matters contained herein unless they are made upon information and belief.
3.
I 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 a commission on commercial contracts, if any, actually sourced by that consultant. There are no geographic-based exclusivity rights or restrictions which limit a 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 a 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.
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 a commercial contract.
7.
In March, 2023, Cyberlux responded to Customer Request for Quote # 03102023, issued by HII Defense & Federal Solutions, Inc. ("HII") by issuing a 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").
B. On August 29, 2023 Cyberlux and HII entered Subcontract No. P000043846 (the "HII Subcontract"), under the Prime Contract No. GS00Q14OADU109 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.
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 a commission for that contract once the funds are received by Cyberlux.
13.
In early 2025, I 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 a cumulative total of $1,671,047.68.
I 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 Schmidt
CB9EE73498DE446. Mark Schmidt
Docusign Envelope ID: 843E9840-2DD0-4364-B36F-0B6EB735495A
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