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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 JOSHUA 

WURTZEL IN SUPPORT OF THE 

CWT PARTIES’ MOTION FOR

AN ORDER TO SHOW CAUSE

And related claims.

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In accordance with 28 U.S.C. § 1746, JOSHUA WURTZEL, declares, under the 

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

1. I am an associate 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 support of the CWT Parties’ Motion for An Order 

to Show Cause why nonparties Wilenchik & Bartness, P.C. (“Wilenchik”) and Beus 

Gilbert PLLC (“Beus Gilbert”) should not be held in contempt. 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. On February 11, 2019, the CWT Parties served Wilenchik and Beus Gilbert 

with identical subpoenas seeking documents sufficient to show all payments—including 

date, amount, and source account—made to Wilenchik and Beus Gilbert by Wyo Tech 

and Inductance Energy Corporation (another Danzik-related entity formed using Wyo 

Tech money), as well as documents sufficient to show the clients on whose behalf and 

matters for which these payments were made. A copy of the subpoena to Wilenchik is 

located at Docket Number 101 in this action. A copy of the subpoena to Beus Gilbert is 

attached as Exhibit A. Copies of affidavits of service of each of these subpoenas are 

attached as Exhibits B and C.

3. A copy of the transcript of the April 8, 2019 oral argument before this Court 

is attached as Exhibit D.

4. On April 9, 2019, this Court overruled Wilenchik’s and Beus Gilbert’s 

objections to the subpoenas served on them, and ordered Wilenchik and Beus Gilbert to 

“produce the documents requested by the subpoenas by April 26, 2019.” Dkt. No. 119 at 

19.

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5. But despite this order and Wilenchik’s agreement at the April 8 oral 

argument to comply with an order to produce these documents by this deadline, Wilenchik 

and Beus Gilbert have failed to produce any documents in response to the subpoenas. Nor 

have they asked for additional time to do so.

Dated: May 13, 2019

New York, New York

 

 JOSHUA WURTZEL

Case 2:17-cv-04140-DWL Document 132 Filed 05/13/19 Page 3 of 3