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Dennis I. Wilenchik, #005350

WILENCHIK & BARTNESS PC

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

admin@wb-law.com

Leo R. Beus, #002687

BEUS GILBERT PLLC

701 North 44th Street

Phoenix, Arizona 85008

lbeus@beusgilbert.com

Attorneys for Wyo Tech Investment Group, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Wells Fargo Bank, N.A.,

Plaintiff,

v.

WYO TECH Investment Group, LLC; CWT 

Canada II Limited Partnership; Resources 

Recovery Corporation; and Jean Noelting,

Defendants.

WYO TECH Investment Group, LLC,

Cross-Claimant,

v.

CWT Canada II Limited Partnership, 

Resources Recovery Corporation, and Jean 

Noelting,

Cross-Claim Defendants.

WYO TECH Investment Group, LLC,

Third Party Plaintiff,

v.

Schlam Stone & Dolan, LLC, a New York 

Limited Liability Partnership; and Jeffrey M. 

Eilender,

Third Party Defendants.

Case No.: 2:17-CV-04140-JJT

MOTION TO DISMISS/MOTION 

FOR JUDGMENT ON THE 

PLEADINGS

(Oral Argument Requested)

Case 2:17-cv-04140-DWL Document 95 Filed 01/25/19 Page 1 of 5
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Wyo Tech Investment Group, LLC (“Wyo Tech”), hereby files this Motion to Dismiss the 

Interpleader Action and/or Grant Wyo Tech Judgment on the Pleadings and Release the Funds to 

Wyo Tech. This Motion is supported by the following Memorandum of Points and Authorities 

and prior filings in this case.

MEMORANDUM OF POINTS AND AUTHORITIES

The CWT Parties’ contention for their supposed right to the funds is based upon a theory 

of alter ego. [Joint Case Management Plan (Doc. 62) at 3:13 – 17 (“That Danzik would use an 

alter-ego company to evade creditors is nothing new.”).] That is, the CWT Parties claim that the 

Wyo Tech Funds are in reality funds owned by Dennis Danzik. The CWT Parties claim that their 

evidence of this is supposed “post-judgment discovery show[ing] that over half of the funds paid 

from this account were paid to Danzik’s company, his wife, his daughter, and other known Danzik 

cronies.” [Id. at 3:6 – 8]. Based on this supposed theory, the CWT Parties have told this Court 

that the sole factual and legal issue they dispute is whether “Danzik has an interest in the funds 

in dispute”. [Id. at 9:21 – 22]. However, the CWT Parties are barred from asserting such a 

“dispute” as the Bankruptcy Court has already, unequivocally and specifically, ordered that the 

CWT Parties are not authorized to pursue such a claim in this action.

As recognized by the Bankruptcy Court, the “CWT Parties seek derivative standing to 

assert claims on behalf of the bankruptcy estate in the Interpleader Action1

.” [Order of Wyoming 

Bankruptcy Court in Case No. 17-20934 (Doc. 165) attached hereto as Exhibit A at pg. 2].2 In 

denying the CWT Parties the right to assert the claim that the Wells Fargo Wyo Tech Funds were 

the funds of the Debtor in Possession (“DIP”), Dennis Danzik, the Bankruptcy Court first found 

 

1 The “Interpleader Action” was defined by the Bankruptcy Court as this action, “District Court 

for the District of Arizona, case number 2:17-cv-04140-JJT”.

2 Reference to the Bankruptcy Court’s Order does not convert this Motion. Courts, including the 

Arizona Supreme Court, have consistently “held ... that courts take judicial notice of other actions 

involving similar parties and issues and of the pleadings therein, and that in passing upon the 

pleadings in one action they may and should consider the record in the other.” Regan v. First Nat. 

Bank, 55 Ariz. 320, 327 (1940).

Case 2:17-cv-04140-DWL Document 95 Filed 01/25/19 Page 2 of 5
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that the CWT Parties’ claim was not colorable. [Id. at pg. 3 – 4 (“The CWT Parties’ analysis of 

its claims include the following: ‘Specifically, the evidence shows that Danzik—acting on his 

own or through an agent—transferred funds, intellectual property, and other valuable assets to 

Wyo Tech (and a related company, Inductance Energy Company) for the purpose of laundering 

those funds, intellectual property, and other valuable assets through Wyo Tech and back to an 

entity or entities owned or controlled by Danzik, as well as his family members.’ ... Its claim is 

speculative and fails to survive a motion to dismiss.”)]. The Bankruptcy Court thereafter ordered 

as follows:

As such, the sole issue the CWT Parties assert in this case—whether “Danzik has an interest in 

the funds in dispute” (Doc. 62 at 9:21 – 22)—is the exact issue the Bankruptcy Court for the 

District of Wyoming has specifically and unequivocally precluded them from asserting.

CONCLUSION

Because the sole contention asserted by the CWT Parties is precluded by Order of the 

Bankruptcy Court, this Court must immediately release the wrongfully restrained funds to Wyo 

Tech, after which, Wyo Tech should be allowed to pursue its damages claims as asserted in this 

suit.

/ / / /

/ / / /

/ / / /

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RESPECTFULLY SUBMITTED January 25, 2019.

WILENCHIK & BARTNESS, P.C.

/s/ Dennis I. Wilenchik, Esq.

Dennis I. Wilenchik, Esq.

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

admin@wb-law.com

BEUS GILBERT PLLC

Leo R. Beus, Esq.

701 North 44th Street

Phoenix, Arizona 85008

lbeus@beusgilbert.com

Attorneys for Wyo Tech Investment Group, LLC

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ELECTRONICALLY FILED January 25, 2019.

COPY served via CM/ECF System, which sends notification

to all parties registered therein this 25th day of January, 2019.

/s/ Hilary Myers

Case 2:17-cv-04140-DWL Document 95 Filed 01/25/19 Page 5 of 5