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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

CWT PARTIES’ STATUS 

REPORT REGARDING 

NONPARTIES’ CONTEMPT

And related claims.

Case 2:17-cv-04140-DWL Document 181 Filed 07/26/19 Page 1 of 7
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Defendants CWT Canada II Limited Partnership, Resource Recovery Corporation, 

and Jean Noelting (collectively, the “CWT Parties”) submit this status report, along with 

the Declaration of Joshua Wurtzel, in accordance with this Court’s July 25, 2019 order 

(Dkt. No. 180).

STATUS REPORT

As this Court knows, on June 27, 2019, this Court held nonparties Danzik Applied 

Sciences, LLC (“DAS”), Charles J. Davis, Richard W. Davis, Ashley Mosharrafa, Tamir 

Mosharrafa, Ali M. Mosharrafa, and Kristin Joiner Mosharaffa in civil contempt, ordered 

them to pay the CWT Parties’ legal fees incurred in moving for contempt against them, 

and assessed a $250 daily fine against each of them beginning on June 27, 2019 and 

lasting until each “fully complies” with the subpoenas served on them. Dkt. No. 167 at 2.

Following the June 27 contempt order, the CWT Parties made extensive efforts to 

serve each of these seven nonparties with the contempt order—some of whom were 

served only after multiple attempts at multiple locations. But between June 28 and July 8, 

2019, all seven were served with the contempt order. Copies of the affidavits of service on 

each nonparty are attached to the Wurtzel Declaration as Exhibit A.

On July 1, 2019, Charles Davis (but not Richard Davis) made a substantial 

production of documents in response to the subpoena. Wurtzel Decl. ¶ 3. These 

documents included e-mails between Mr. Davis, Dennis Danzik, Bill Hinz (Wyo Tech’s 

CEO), and Wyo Tech’s counsel in which Mr. Davis appears to seek advice from Wyo 

Tech regarding his obligation to respond to the subpoena—thus showing that he knew 

about this subpoena since it was served almost six months ago and, likely with some 

encouragement by Wyo Tech, chose to ignore it. See id. Ex. B. We are satisfied that Mr. 

Davis’s production “fully complies” with the subpoena served on him, though Mr. Davis 

has not paid the daily fine this Court imposed in its June 27 contempt order. Id. ¶ 4.

Case 2:17-cv-04140-DWL Document 181 Filed 07/26/19 Page 2 of 7
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On July 8, 2019, having received no response from any of the other nonparties, we 

sent letters to each of the six other nonparties demanding their immediate compliance with 

the subpoenas we served on them, asking them to reach out to us to make arrangements to 

pay our attorneys’ fees and the daily fine this Court imposed, and attaching this Court’s 

June 27 contempt order. Also on July 8, we sent a letter to Charles Davis acknowledging 

receipt of his production, and demanding that he pay the daily fine this Court imposed on 

him for four days ($1,000). Copies of these letters are attached to the Wurtzel Declaration 

as Exhibit C. Mr. Smith did not respond to this letter, nor has he paid these daily fines or 

reached out to us to discuss this. Id. ¶ 5.

On July 10, 2019, Wyo Tech’s counsel forwarded us a two-page, written response 

from DAS—which was signed under penalty of perjury by Elizabeth Danzik, Dennis 

Danzik’s wife and the supposed sole member of DAS. Id. ¶ 6, Ex. D. This response 

purported to respond to the subpoena we served on DAS. Id. Ex. D. But DAS did not 

produce any documents in response to the subpoena. Id. ¶ 6. And DAS’s excuses for its 

failure to produce responsive documents were frivolous. Id.

First, in response to most of our document requests, DAS claimed that it has no 

responsive documents “beyond those that have already been produced to CWT and its 

attorneys” in other actions. Id. Ex. D. But this is not an acceptable response. If DAS has 

documents responsive to these requests in its possession, custody, or control, it is required 

to produce them—regardless of whether it believes we already have copies of these 

documents. 

Second, DAS did not respond to our request for all contracts or agreements 

between it and Wyo Tech or Inductance—and incorrectly misstated Request No. 7 as one 

for communications with Mr. Hinz. Id. ¶ 8, Ex. D.

Third, DAS stated that Ms. Danzik is DAS’s “sole member.” Id. Ex. D. But DAS 

Case 2:17-cv-04140-DWL Document 181 Filed 07/26/19 Page 3 of 7
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did not produce any documents showing this. Id. ¶ 9.

Fourth, DAS stated that it has no documents concerning its operation, “including 

the Persons that control [DAS] and [its] beneficial owners,” because “DAS ceased 

operations in the late summer or [sic] 2017.” Id. Ex. D. But this is not an acceptable 

response either. Even if DAS ceased operations, as long as it remains in existence (which 

it does), it must have documents showing who controls it and who its beneficial owners 

are. And it certainly must have these documents from before late-summer 2017, when it 

was concededly still in operation.

On July 10, 2019, we sent Ms. Danzik a letter outlining these deficiencies, and 

explaining that DAS’s written response to the subpoena we served on it was an 

“unacceptable, disingenuous response to the subpoena that [DAS] ignored for over five 

months,” and that its “continued refusal to produce responsive documents shows that [it] 

still fail[s] to take this subpoena—and the court’s order holding DAS in civil contempt—

seriously.” Also in this letter, we demanded that DAS pay the daily fine this Court 

imposed on it for its continued period of noncompliance. A copy of this letter is attached 

to the Wurtzel Declaration as Exhibit E. Neither DAS nor Ms. Danzik responded to this 

letter, nor did DAS or Ms. Danzik pay these daily fines, nor did they reach out to us to 

discuss this. Id. ¶ 11.

On July 11, 2019, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and 

Kristin Joiner Mosharaffa all produced responses to the subpoenas served on them. Id.

¶ 12. We are satisfied that the Mosharrafas’ productions “fully compl[y]” with the 

subpoenas served on them. Id. We responded to them by e-mail acknowledging receipt of 

these productions, but also demanding that they each pay the daily fine this Court imposed 

on each of them for 13 days ($3,250). A copy of this e-mail is attached to the Wurtzel 

Declaration as Exhibit F. None of the Mosharrafas responded to this e-mail, nor have 

Case 2:17-cv-04140-DWL Document 181 Filed 07/26/19 Page 4 of 7
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them paid these daily fines or reached out to us to discuss this. Id. ¶ 13.

Thus, Richard W. Davis and DAS remain in civil contempt, because neither has 

“fully complie[d]” with the subpoenas served on them—the latter by frivolously refusing 

to produce documents and the former by refusing to respond at all. And while the other 

five nonparties have cured their contemptuous conduct, each continues to violate this 

Court’s June 27 contempt order by refusing to pay the daily fines this Court imposed.

We held off immediately seeking further relief from this Court to give these 

nonparties additional time to review and respond to our letters and e-mails, and to give 

them a chance to comply. But next week, we expect to (1) move this Court to issue a 

bench warrant for the arrest of Richard W. Davis and Elizabeth Danzik (as the sole 

member of DAS) and to order them to be incarcerated until they fully comply with the 

subpoenas served on them or show that they cannot; and (2) move this Court to issue an 

order to show cause why Charles J. Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. 

Mosharrafa, and Kristin Joiner Mosharaffa should not be held in civil contempt for their 

refusal to comply with this Court’s June 27 contempt order by refusing to pay the daily 

fines this Court imposed on each of them, with the sanction for contempt of the June 27 

contempt order being issuance of a bench warrant for their arrest and an order 

incarcerating them until they fully comply with the June 27 contempt order or show that 

they cannot. See Perry v. O’Donnell, 759 F.2d 702, 706 (9th Cir. 1985) (“The court’s 

power of civil contempt includes the power to issue a bench warrant for a contemnor’s 

arrest.”); N.L.R.B. v. Sequoia Dist. Council of Carpenters, AFL-CIO, 568 F.2d 628, 633 

(9th Cir. 1977) (officers of company are “legally identified” with company, and are thus 

“liable in contempt for disobeying an order” directed to company).

Case 2:17-cv-04140-DWL Document 181 Filed 07/26/19 Page 5 of 7
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Dated:July 26, 2019

Phoenix, Arizona

Respectfully submitted,

RYAN RAPP & UNDERWOOD, P.L.C.

By: /s/ Henk Taylor (016321)

J. Henk Taylor (016321)

3200 N. Central Ave., Suite 1600

Phoenix, Arizona 85012

Telephone: (602) 280-1000

Facsimile: (602) 265-1495

E-Mail: htaylor@rrulaw.com

SCHLAM STONE & DOLAN LLP

Jeffrey M. Eilender (admitted pro hac 

 vice)

Bradley J. Nash (admitted pro hac vice)

Joshua Wurtzel (admitted pro hac vice)

26 Broadway

New York, New York 10004

Telephone: (212) 344-5400

Facsimile: (212) 34407677

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

Case 2:17-cv-04140-DWL Document 181 Filed 07/26/19 Page 6 of 7
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ORIGINAL e-filed and COPIES

e-mailed this 26th day of July

2019 as follows:

Dennis I. Wilenchik

Tyler Swenson

Chris Meyers

Chris Feasel

WILENCHIK & BARTNESS P.C.

2810 North Third Street

Phoenix, AZ 85004

E-Mail: diw@wb-law.com

E-Mail: tylers@wb-law.com

E-Mail: chrism@wb-law.com

E-Mail: chrisf@wb-law.com

Leo R. Beus

BEUS GILBERT PLLC

701 North 44th Street

Phoenix, AZ 85008

E-Mail: lbeus@beusgilbert.com

Attorneys for Wyo Tech Investment 

Group, LLC

/s/ Henk Taylor 

J. Henk Taylor

Case 2:17-cv-04140-DWL Document 181 Filed 07/26/19 Page 7 of 7