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J. Henk Taylor (016321)

RYAN RAPP & UNDERWOOD, P.L.C.

3200 N. Central Ave, Suite 2250

Phoenix, Arizona 85012

Telephone: (602) 280-1000

Facsimile: (602) 265-1495

Email: htaylor@rrulaw.com

Jeffrey M. Eilender (admitted pro hac vice)

Bradley J. Nash (admitted pro hac vice)

Joshua Wurtzel (admitted pro hac vice)

SCHLAM STONE & DOLAN LLP

26 Broadway

New York, New York 10004

Telephone: (212) 344-5400

Facsimile: (212) 344-7677

E-Mail: jeilender@schlamstone.com 

E-Mail: bnash@schlamstone.com

E-Mail: jwurtzel@schlamstone.com

Attorneys for Defendants CWT Canada II

Limited Partnership and Resource Recovery

Corporation

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.

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

DECLARATION OF JEFFREY M. 

EILENDER IN OPPOSITION TO 

MOTION FOR IMMEDIATE 

RELEASE OF RESTRAINED

FUNDS

Oral Argument Requested

Pursuant to 28 U.S.C. § 1746, JEFFREY M. EILENDER, declares, under the 

penalty of perjury, the following to be true.

Case 2:17-cv-04140-DWL Document 89 Filed 10/09/18 Page 1 of 6
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-2-

1. I am a member of Schlam Stone & Dolan LLP, co-counsel with Ryan Rapp 

& Underwood, P.L.C. for Defendants CWT Canada II Limited Partnership (“CWT 

Canada”), Resource Recovery Corporation (“RRC”), Jean Noelting (“Noelting” and 

together with CWT Canada and RRC, the “CWT Parties”) in the above-captioned action. 

2. I submit this Declaration in opposition to the motion of Defendant Wyo 

Tech Investment Group, LLC (“Wyo Tech”) for immediate release of the restrained funds 

that are the subject matter of this interpleader action. The purpose of this declaration is to 

place before the Court certain documents that are referenced in the motion.

3. Attached hereto as Exhibit 1 is a true and correct copy of a Decision and 

Order of the Supreme Court of the State of New York, County of New York in GEM 

Holdco, LLC v. Changing World Techs., L.P., Index No. 650841/2013 (Sup. Ct. N.Y. Co.) 

(Kornreich, J.) (the “New York Action”), granting a default judgment in favor of the 

CWT Parties and against Dennis Danzik (“Danzik”) and RDX Technologies Corporation

(“RDX”). 

4. Attached hereto as Exhibit 2 is a true and correct copy of the judgment 

entered in the New York action in favor of the CWT Parties and against Danzik and RDX.

5. Attached hereto as Exhibit 3 is a true and correct copy of a Decision and 

Order in the New York Action, dated June 3, 2016, holding Danzik and RDX in civil and 

criminal contempt.

6. Attached hereto as Exhibit 4 is a true and correct copy of an Order of 

Contempt and Commitment entered in the New York Action against Danzik on September 

14, 2016.

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-3-

7. Attached hereto as Exhibit 5 is a true and correct copy of an arrest warrant 

entered in the New York Action against Danzik on September 15, 2016.

8. Attached hereto as Exhibit 6 is a true and correct copy of an excerpt from 

the transcript of a deposition of Danzik conducted in his first bankruptcy proceeding in 

Wyoming.

9. Attached hereto as Exhibit 7 is a true and correct copy of an order, dated 

March 8, 2017 dismissing Danzik’s first bankruptcy proceeding in Wyoming as a “bad 

faith filing.” 

10. Attached hereto as Exhibit 8 is a true and correct copy of an excerpt from an 

examination of Danzik during an October 16, 2017 hearing in an Arizona judgment 

enforcement proceeding against him.

11. Attached hereto as Exhibit 9 is a true and correct copy of a second excerpt 

from the transcript of a deposition of Danzik conducted in his first bankruptcy proceeding 

in Wyoming.

12. Attached hereto as Exhibit 10 are true and correct copies of checks written 

from an account in the name of Danzik Applied Sciences (“DAS”) to Danzik’s attorneys, 

Wilenchik & Bartness, P.C.

13. Attached hereto as Exhibit 11 are true and correct copies of invoices from 

Wilenchik & Bartness, P.C.

14. Attached hereto as Exhibit 12 are true and correct copies of account 

statements from a bank account (account number ending in 4350) in the name of DAS at 

Wells Fargo.

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-4-

15. Attached hereto as Exhibit 13 is a true and correct copy of an application for 

a bank account (account number ending in 2153) in the name of Solverdi Worldwide 

Corporation (“Solverdi”) at Wells Fargo (the “Solverdi Account”).

16. Attached hereto as Exhibit 14 are true and correct copies of account 

statements for the Solverdi Account.

17. Attached hereto as Exhibit 15 is a true and correct copy of a withdrawal slip

from the Solverdi Account.

18. Attached hereto as Exhibit 16 is a true and correct copy of a Declaration of 

Elizabeth J. Danzik, dated November 2, 2017. 

19. Attached hereto as Exhibit 17 is a true and correct copy of an application for 

a bank account (account number ending in 0345) in the name of Wyo Tech at Wells Fargo

(the “Wyo Tech 0345 Account”).

20. Attached hereto as Exhibit 18 is a true and correct copy of an excerpt from 

an interrogatory response of Elizabeth J. Danzik.

21. Attached hereto as Exhibit 19 are true and correct copies of account 

statements from the Wyo Tech 0345 Account.

22. Attached hereto as Exhibit 20 are true and correct copies of checks and 

withdrawal slips from the Wyo Tech 0345 Account.

23. Attached hereto as Exhibit 21 is a true and correct copy of a Declaration of 

William J. Hinz, dated November 1, 2017.

24. Attached hereto as Exhibit 22 are true and correct copies of credit card 

statements from an account in the name of Wyo Tech. 

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25. Attached hereto as Exhibit 23 is a true and correct copy of an application for 

a bank account (account number ending in 2809) in the name of Wyo Tech at Wells Fargo 

(the “Wyo Tech 2809 Account”).

26. Attached hereto as Exhibit 24 is a true and correct copy of a resume Johvana 

Danzik.

27. Attached hereto as Exhibit 25 are true and correct copies of account 

statements from the Wyo Tech 2809 Account.

28. Attached hereto as Exhibit 26 are true and correct copies of checks from the 

Wyo Tech 2809 Account.

29. Attached hereto as Exhibit 27 is a true and correct copy of a check from the 

Wyo Tech 2809 Account payable to Wilenchik and Bartness.

30. Attached hereto as Exhibit 28 is a true and correct copy of an affidavit of 

Dennis Wilenchik, dated December 4, 2017.

31. Attached hereto as Exhibit 29 are true and correct copies of account 

statements in the name of Wyo Tech at US Bank. 

32. Attached hereto as Exhibit 30 are true and correct copies of checks from an 

account in the name of Inductance Energy Corp.

33. Attached hereto as Exhibit 31 is a true and correct copy of a portion of the 

bankruptcy petition from Danzik’s second bankruptcy proceeding in Wyoming.

34. Attached hereto as Exhibit 32 is a true and correct copy of an Application 

for Order Approving Employment of Cousel for Debtor-in-Possession from RDX’s 

second bankruptcy proceeding in Arizona.

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-6-

Dated: October 9, 2018

JEFFREY M. EILENDER

Case 2:17-cv-04140-DWL Document 89 Filed 10/09/18 Page 6 of 6