Exhibit 25
Pursuant Rules 26, 33 and 34 of the Federal Rules of Civil Procedure, and the Joint Discovery Plan entered in this case by order dated February 19, 2026 (Doc. 149) (the "Order"), Interpleader Defendant...
DISTIL analysis
- ANPC claims $3,087,878.86 from interpleader proceeds in HII v. Cyberlux litigation
- Claims based on judgment lien (Sept 2025) and equitable lien (Dec 2024)
- Underlying judgment of $2,926,814.39 obtained July 21, 2025 in North Carolina
- Equitable lien arises from Cyberlux's retention of funds assigned to ANPC under Purchase Agreement
- ANPC asserts equitable lien priority date of December 30, 2024
- Interest claim of $257,828.86 accruing at 8% from judgment date
Extracted text
7 pages · 7769 charactersIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION Case No. 3:25-cv-00483-JAG
HII MISSION TECHNOLOGIES CORP.,
Plaintiff,
V. CYBERLUX CORPORATION, et al., Defendants.
ADVANCED NAVIGATION & POSITIONING CORPORATION'S RESPONSE TO INTERROGATORIES
Pursuant Rules 26, 33 and 34 of the Federal Rules of Civil Procedure, and the Joint Discovery Plan entered in this case by order dated February 19, 2026 (Doc. 149) (the "Order"), Interpleader Defendant Advanced Navigation & Positioning Corporation ("ANPC"), by and through undersigned counsel, submits the following response to the interrogatory set out in Section 6(a) of the Order:
To the best of ANPC's knowledge, information and belief, formed after reasonable inquiry, this response is complete and correct as of the date of this document. ANPC reserves the right to amend or supplement this response. ANPC also reserves the right to reference, discover or offer into evidence at the time of trial any and all facts, documents and things notwithstanding the initial response.
6(a). 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; (b) the legal basis for your right to the proceeds; (c) how the amount you claim became a liquidated amount
or, if not liquidated, state so; (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; (e) whether you claim a right to interest and, if so, the amount and basis for continuing accrual thereof, if any; (f) whether you claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim; and (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.
RESPONSES:
ANPC claims $3,087,878.86 of the proceeds (the "Claimed Amount").
ANPC has a lien on the proceeds pursuant to a Writ of Fieri Facias filed on September 24, 2025 in Richmond County, which Writ of Fieri Facias was used to initiate a Garnishment Summons on October 8, 2025, and served on HII Mission Technologies Corp. ("HII") and Cyberlux Corporation ("Cyberlux"). ANPC filed the Writ of Fieri Facias and moved to garnish monies owed by Cyberlux to ANPC from garnishee HII in the amount of $2,926,814.39 (the "Garnishment Action").
ANPC filed the Writ of Fieri Facias and Garnishment Summons because it holds a judgment against Cyberlux that has not been paid (the "Judgment"). ANPC filed a complaint against Cyberlux in North Carolina as a result of Cyberlux's breach of a purchase agreement entered into between Cyberlux and ANPC ("Purchase Agreement"). In the Purchase Agreement, ANPC agreed to provide services to Cyberlux that Cyberlux would use to produce products that Cyberlux then sold to its customer. ANPC performed under the Purchase Agreement, but Cyberlux failed to pay in full in accordance with the Purchase Agreement. ANPC received the
Judgment against Cyberlux, which Judgment was domesticated in Virginia and served as the basis for the Garnishment Summons issued to HII and Cyberlux.
ANPC also claims an equitable lien on the proceeds, which claim is set out in ANPC's Supplemental Answer to HII's Amended Complaint. Specifically, Cyberlux assigned certain funds (the "Assigned Funds") to ANPC under the Purchase Agreement, which funds were to compensate ANPC for services and assets that ANPC provided to produce the products that Cyberlux then sold to its customer. Cyberlux did not provide the Assigned Funds to ANPC upon such Assigned Funds becoming due and owing and instead retained the Assigned Funds to serve other parties and produce other products.
ANPC's Claimed Amount became liquidated once the Durham County Superior Court entered the Judgment in favor of ANPC against Cyberlux in Advanced Navigation & Positioning Corporation vs. Cyberlux Corporation, 25-CVS-005686-310 on July 21, 2025, in the amount of $2,926,814.39, which has continued to accrue interest.
ANPC's security interest arose when ANPC filed the Writ of Fieri Facias on September 24, 2025.
ANPC additionally claims an equitable lien that arose, at the earliest, on December 30, 2024, when Cyberlux breached the Purchase Agreement by failing to pay ANPC the Assigned Funds pursuant to the final invoice dated as of December 20, 2024, payment for which was due under the Purchase Agreement by December 30, 2024. Because the equitable lien arose when
Cyberlux failed to provide the Assigned Funds to ANPC in accordance with the Purchase Agreement, the equitable lien therefore arose on December 30, 2024.
e. Whether you claim a right to interest and, if so, the amount and basis for continuing accrual thereof, if any.
ANPC claims $257,828.86 of interest, which began accruing on July 21, 2025 at the legal rate of 8% on the principal amount until satisfied pursuant to N.C. Gen. Stat. §§ 24-1, 24-5.
f. Whether you claim a right to attorneys' fees and, if so, the basis therefore and the amount you will claim.
ANPC is not claiming attorneys' fees as part of its Claimed Amount.
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.
The amounts subject to ANPC's equitable lien were effectively advanced at the latest on December 30, 2024, when Cyberlux failed to pay ANPC pursuant to a final invoice.
This 9th day of March, 2026.
/s/ Joel D. Schwartz Joel D. Schwartz Virginia Bar No. 97979 PARKER POE ADAMS & BERNSTEIN LLP 1400 K Street NW, Suite 1000 Washington, DC 20005-2403 Telephone: (202) 434-9100 Fax: (202) 217-2771 Email: joelschwartz@parkerpoe.com
Catherine G. Clodfelter NC Bar No. 47653 (admitted pro hac vice) Charles E. Raynal IV NC Bar No. 32310 (admitted pro hac vice) PARKER POE ADAMS & BERNSTEIN LLP 301 Fayetteville Street, Suite 1400 Raleigh, NC 27601 Telephone: (919) 828-0564 Fax: (919) 834-4564 Email: catherineclodfelter@parkerpoe.com
Filed 04/15/26
charlesraynal@parkerpoe.com Counsel for ANPC
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing was served by e-mail notification to counsel of record.
This the 9th day of March, 2026.
/s/ Joel D. Schwartz Joel D. Schwartz Virginia Bar No. 97979 Parker Poe Adams & Bernstein LLP 1400 K Street NW, Suite 1000 Washington, DC 20005-2403 Telephone: (202) 434-9100 Fax: (202) 217-2771 Email: joelschwartz@parkerpoe.com Counsel for ANPC
Original source file
- File
- ip-hii-edva-00483-doc-0175-exhibit-27.pdf
- Source UID
- source:fd80eec6d70c7b87784596d6b8a8f1e373a253deaf972f94b5f639eeb4f541c4
- Full SHA-256
- fd80eec6d70c7b87784596d6b8a8f1e373a253deaf972f94b5f639eeb4f541c4