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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, Resource Recovery Corporation, and

Jean Noelting

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-DWL

DECLARATION OF JEFFREY M. 

EILENDER IN OPPOSITION TO 

DEFENDANT WYO TECH 

INVESTMENT GROUP, LLC’S 

MOTION TO ENJOIN AND FOR 

LEAVE TO AMEND

And related claims.

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In accordance with 28 U.S.C. § 1746, JEFFREY M. EILENDER, declares, under 

the penalty of perjury, the following to be true and correct.

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, Resource 

Recovery Corporation, and Jean Noelting (collectively, the “CWT Parties”) in this action.

I submit this declaration in opposition to Defendant Wyo Tech Investment Group, LLC’s 

Emergency Motion to Enjoin CWT Parties from Attempts to Utilize New York 

Restraining Notices to Restrain Funds of Nondebtors and Nondebtor Assets Located 

Outside of New York and Motion to Amend Complaint, dated February 15, 2019 (Dkt. 

No. 98). Unless otherwise specified, the matters below are based on my personal 

knowledge, communications with other attorneys in my firm, and a review of my firm’s 

files.

2. A copy of the transcript of the February 27, 2019 telephone hearing in this 

case is attached as Exhibit A.

3. On February 8, 2019, this firm served restraining notices on, among others, 

Wilenchik & Bartness, P.C. and Beus Gilbert PLLC (Danzik’s and his cronies’ counsel); 

Elizabeth Danzik (Danzik’s wife); Autumn and Jovahna Danzik (Danziks’ daughters, at 

least one of whom is involved in Danzik’s business); and Wyo Tech. We served these 

restraining notices by certified mail in accordance with C.P.L.R. § 5222(a). The 

restraining notices we served on Wyo Tech and Inductance were mailed to their addresses 

in Wyoming. A copy of the restraining notice we served on Inductance is attached as 

Exhibit B.

4. On February 11, 2019, this firm served a restraining notice on a Bank of the 

West branch in New York, restraining any assets held in the name of Danzik, RDX, or 

any known Danzik entities—including Inductance Energy Corporation, which the 

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evidence shows, among other things, has paid tens of thousands of dollars of Danzik’s 

legal fees. A copy of this restraining notice we served on Bank of the West is attached as 

Exhibit C.

5. Contrary to Wyo Tech’s counsel’s representation during the February 27, 

2019 telephone hearing, we understand from Bank of the West’s counsel that Bank of the 

West is fully complying with this restraining notice. But documents produced by Bank of 

the West show that Inductance moved hundreds of thousands of dollars out of its accounts 

shortly before Danzik’s New York counsel disclosed these accounts to us in accordance 

with a New York subpoena, and so we understand that Bank of the West restrained only 

$1,009.83 in Inductance’s accounts.

Dated: March 1, 2019

New York, New York

 

 

 JEFFREY M. EILENDER

Case 2:17-cv-04140-DWL Document 108 Filed 03/01/19 Page 3 of 3