EXHIBIT F 

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 1 of 10
From: Joshua Wurtzel

To: Tyler Swensen; Victoria Stevens

Cc: Henk Taylor; Dennis Wilenchik; Chase Turrentine; Jeffrey M. Eilender; Bradley J. Nash; lbeus@beusgilbert.com; Wendy Echols; Hilary

Myers; "Wyo Tech adv Wells Fargo"; Lisa Loftis; Heather Zwick

Subject: RE: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Date: Wednesday, May 15, 2019 11:50:49 PM

Attachments: image001.png

image002.png

Tyler,

I will respond to your revisions on the protective order shortly. But this supplemental production does not satisfy

Wilenchik’s or Beus Gilberts’s obligations under the Court’s April 19 order. We will be filing an amended motion for

an order to show cause.

Joshua Wurtzel

Schlam Stone & Dolan LLP

26 Broadway

New York, NY 10004

Tel.: (212) 344-5400 (x 324)

jwurtzel@schlamstone.com

CommercialDivisionBlog.com

This e-mail, including all attachments, is for the use of the intended recipients only. It may contain legally privileged

or confidential information. If you are not the intended recipient, please permanently delete this message and all

copies or printouts, and please notify me immediately.

From: Tyler Swensen <TylerS@wb-law.com> 

Sent: Wednesday, May 15, 2019 8:27 PM

To: Joshua Wurtzel <jwurtzel@schlamstone.com>; Victoria Stevens <VictoriaS@wb-law.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>; Dennis Wilenchik <diw@wb-law.com>; Chase Turrentine <chaset@wblaw.com>; Jeffrey M. Eilender <jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>;

lbeus@beusgilbert.com; Wendy Echols <WendyE@wb-law.com>; Hilary Myers <HilaryM@wb-law.com>; 'Wyo Tech

adv Wells Fargo' <e57659d03+matter1136246401@maildrop.clio.com>; Lisa Loftis <LisaL@wb-law.com>; Heather

Zwick <heatherz@wb-law.com>

Subject: RE: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Josh,

Here are two additional documents we located related to payments received from Wyo

Tech or Inductance. We do not have copies of any checks received from those entities, but

those checks should be included as part of Wyo Tech’s responses to discovery requests that

we are working to complete. With respect to those documents, you have not responded to

my prior email about the proposed Protective Order. Please let us know whether you will

stipulate to the latest version we sent to you or if we will need to bring that dispute to the

Court’s attention. Until a Protective Order is in place we cannot advise our client to

produce any documents. Therefore, please respond as soon as possible. Thanks.

Tyler Swensen

Attorney At Law

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 2 of 10
www.wb-law.com

TylerS@wb-law.com

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

P 602-606-2810 | F 602-606-2811

----------------------------

ATTORNEY/CLIENT COMMUNICATION

The information transmitted by this e-mail is intended only for the addressee and may contain confidential and/or privileged material.

Any interception, review, retransmission, dissemination or other use of this information by persons or entities other than the intended

recipient is prohibited by law and may subject them to criminal or civil liability. If you received this communication in error, please

contact us immediately at (602) 606-2810, and delete the communication from any computer or network system.

----------------------------

From: Joshua Wurtzel <jwurtzel@schlamstone.com> 

Sent: Tuesday, May 14, 2019 10:09 PM

To: Victoria Stevens <VictoriaS@wb-law.com>; Tyler Swensen <TylerS@wb-law.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>; Dennis Wilenchik <diw@wb-law.com>; Chase Turrentine <chaset@wblaw.com>; Jeffrey M. Eilender <jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>;

lbeus@beusgilbert.com; Wendy Echols <WendyE@wb-law.com>; Hilary Myers <HilaryM@wb-law.com>; 'Wyo Tech

adv Wells Fargo' <e57659d03+matter1136246401@maildrop.clio.com>; Lisa Loftis <LisaL@wb-law.com>; Heather

Zwick <heatherz@wb-law.com>

Subject: RE: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Counsel,

This production is insufficient and incomplete.

As a threshold matter, you did not produce documents showing which matters and clients each payment was for.

The receipts you produced don’t show this in any way, and most of the bills you produced do not show what

particular matter and what particular client(s) each payment was for.

More importantly, however, based on other documents we have, we know that you withheld documents showing

other payments to your and Beus Gilbert’s firm from Wyo Tech or Inductance. Thus, contrary to your representations

that this production includes documents showing all payments to W&B and Beus Gilbert from January 1, 2016

through present, we know there are several other payments that are not represented in this production. And if there

are several missing payments that we know about, there are presumably others that we do not know about—and will

thus be prejudiced if we do not have.

As I said earlier and yesterday, we accept your representation that you tried to serve your written responses to the

subpoenas on April 26 (but didn’t). But given that you did not even attempt to produce concededly-relevant

documents with those responses—and then withheld documents in the production you made tonight, despite

representing that this was everything—we will amend, but not withdraw, the contempt motion.

Joshua Wurtzel

Schlam Stone & Dolan LLP

26 Broadway

New York, NY 10004

Tel.: (212) 344-5400 (x 324)

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 3 of 10
jwurtzel@schlamstone.com

CommercialDivisionBlog.com

This e-mail, including all attachments, is for the use of the intended recipients only. It may contain legally privileged

or confidential information. If you are not the intended recipient, please permanently delete this message and all

copies or printouts, and please notify me immediately.

From: Victoria Stevens <VictoriaS@wb-law.com> 

Sent: Tuesday, May 14, 2019 9:00 PM

To: Tyler Swensen <TylerS@wb-law.com>; Joshua Wurtzel <jwurtzel@schlamstone.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>; Dennis Wilenchik <diw@wb-law.com>; Chase Turrentine <chaset@wblaw.com>; Jeffrey M. Eilender <jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>;

lbeus@beusgilbert.com; Wendy Echols <WendyE@wb-law.com>; Hilary Myers <HilaryM@wb-law.com>; 'Wyo Tech

adv Wells Fargo' <e57659d03+matter1136246401@maildrop.clio.com>; Lisa Loftis <LisaL@wb-law.com>; Heather

Zwick <heatherz@wb-law.com>

Subject: RE: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Importance: High

Please find attached W&B’s documents supplemental to its 04-26-19 Response to CWT’s Subpoena. These

documents reflect all payments received by W&B from Inductance and Wyo Tech, which funds have been used to

pay Invoices on behalf of Wyo Tech, Inductance, and Danzik Applied Sciences, LLC.

www.wb-law.com

Victoria Stevens

Senior Paralegal

VictoriaS@wb-law.com

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

P 602-606-2810 | F 602-606-2811

----------------------------

ATTORNEY/CLIENT COMMUNICATION

The information transmitted by this e-mail is intended only for the addressee and may contain confidential and/or privileged material.

Any interception, review, retransmission, dissemination or other use of this information by persons or entities other than the intended

recipient is prohibited by law and may subject them to criminal or civil liability. If you received this communication in error, please

contact us immediately at (602) 606-2810, and delete the communication from any computer or network system.

----------------------------

From: Tyler Swensen <TylerS@wb-law.com> 

Sent: Tuesday, May 14, 2019 5:07 PM

To: Joshua Wurtzel <jwurtzel@schlamstone.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>; admin <admin@wb-law.com>; Dennis Wilenchik <diw@wb-law.com>;

Chase Turrentine <chaset@wb-law.com>; Victoria Stevens <VictoriaS@wb-law.com>; Jeffrey M. Eilender

<jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>; lbeus@beusgilbert.com

Subject: Re: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

It appears my estimate was overly optimistic. It will likely take until about 7:00 PM MST to get the documents

finalized and forwarded to you.

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 4 of 10
Sent via the Samsung Galaxy S8, an AT&T 5G Evolution capable smartphone

-------- Original message --------

From: Joshua Wurtzel <jwurtzel@schlamstone.com>

Date: 5/14/19 4:10 PM (GMT-07:00)

To: Tyler Swensen <TylerS@wb-law.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>, admin <admin@wb-law.com>, Dennis Wilenchik <diw@wb-law.com>,

Chase Turrentine <chaset@wb-law.com>, Victoria Stevens <VictoriaS@wb-law.com>, "Jeffrey M. Eilender"

<jeilender@schlamstone.com>, "Bradley J. Nash" <bnash@schlamstone.com>, lbeus@beusgilbert.com

Subject: RE: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Tyler,

Though I will—as I said I would do—accept your representation that you intended to serve these responses on April

26, you have now admitted that you have responsive documents that you did not even try to produce—and thus

deliberately withheld—on April 26, and through present. And despite your claim four hours ago that you were

“compiling those invoices right now,” we still don’t have those documents.

Nor can you claim that your failure to produce these documents was not in knowing violation of the court’s order,

since you were not permitted to unilaterally limit the time frame for which you would produce responsive documents

when the subpoena called for the production of documents through the date of production and the court order said

to produce all documents requested by the subpoena. And this limiting is even more problematic, since you limited

the date range to a time that (according to you) would allow you to say you had no documents—though by your own

admission, responsive documents exist outside this time frame.

This all being said, when will all documents responsive to the subpoena be produced? Please produce them right

away, and after we review, we will let you know what we will do about the motion.

Joshua Wurtzel

Schlam Stone & Dolan LLP

26 Broadway

New York, NY 10004

Tel.: (212) 344-5400 (x 324)

jwurtzel@schlamstone.com

CommercialDivisionBlog.com

This e-mail, including all attachments, is for the use of the intended recipients only. It may contain legally privileged

or confidential information. If you are not the intended recipient, please permanently delete this message and all

copies or printouts, and please notify me immediately.

From: Tyler Swensen <TylerS@wb-law.com> 

Sent: Tuesday, May 14, 2019 3:08 PM

To: Joshua Wurtzel <jwurtzel@schlamstone.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>; admin <admin@wb-law.com>; Dennis Wilenchik <diw@wb-law.com>;

Chase Turrentine <chaset@wb-law.com>; Victoria Stevens <VictoriaS@wb-law.com>; Jeffrey M. Eilender

<jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>; lbeus@beusgilbert.com

Subject: RE: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 5 of 10
Josh,

I can confirm that Beus Gilbert has not received any payments from either WYO Tech or

Inductance at any time. It is also my understanding that W&B did not receive any

payments from either Inductance or WYO Tech prior to October 2017, as stated in the

Response to SDT. W&B has obviously received payments from WYO Tech to pay for our

representation of it in this lawsuit and W&B may have also received some payments from

WYO Tech or Inductance related to other matters since October 2017. While we maintain

that those post-October 2017 payments are entirely irrelevant to any issue in this case, we

understand—but disagree with—your argument that Judge Lanza’s ruling opened the door

to discovery of all such payments. Without waiving our objections, we will agree to provide

copies of invoices relating to any such payments and we are compiling those invoices right

now. In exchange for that concession, we again request that you withdraw your Motion for

OSC.

www.wb-law.com

Tyler Swensen

Attorney At Law

TylerS@wb-law.com

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

P 602-606-2810 | F 602-606-2811

----------------------------

ATTORNEY/CLIENT COMMUNICATION

The information transmitted by this e-mail is intended only for the addressee and may contain confidential and/or privileged material.

Any interception, review, retransmission, dissemination or other use of this information by persons or entities other than the intended

recipient is prohibited by law and may subject them to criminal or civil liability. If you received this communication in error, please

contact us immediately at (602) 606-2810, and delete the communication from any computer or network system.

----------------------------

From: Joshua Wurtzel <jwurtzel@schlamstone.com> 

Sent: Tuesday, May 14, 2019 8:39 AM

To: Tyler Swensen <TylerS@wb-law.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>; admin <admin@wb-law.com>; Dennis Wilenchik <diw@wb-law.com>;

Chase Turrentine <chaset@wb-law.com>; Victoria Stevens <VictoriaS@wb-law.com>; Jeffrey M. Eilender

<jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>; lbeus@beusgilbert.com

Subject: Re: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Please confirm below so we can decide what to do. Thanks. 

Joshua Wurtzel

Schlam Stone & Dolan LLP 

26 Broadway

New York, NY 10004

Main: (212) 344-5400 (x 324)

jwurtzel@schlamstone.com

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 6 of 10
CommercialDivisionBlog.com

This e-mail, including all attachments, is for the use of the intended recipients only. It may contain legally privileged

or confidential information. If you are not the intended recipient, please permanently delete this message and all

copies or printouts, and please notify me immediately.

On May 13, 2019, at 11:50 PM, Joshua Wurtzel <jwurtzel@schlamstone.com> wrote:

Tyler,

We have searched our e-mails, and we don’t have incoming e-mails from anyone at your firm sending

these responses. Nor did Mr. Taylor nor we get them in the mail. That being said, I will accept your

representation as an officer of the court that your firm thought it sent these responses out on April 26.

Concerning the time period to which you and Beus Gilbert limited your responses, the court’s April 9

order states that Wilenchik and Beus Gilbert must “produce the documents requested by the

subpoenas.” And the subpoenas requested documents from January 1, 2016 through the date of

production—not through the date the restraining notice was served. Indeed, as you know, one of our

theories is that Danzik started using Inductance—which was formed using Wyo Tech funds—to pay his

personal expenses after we served the restraining notice on Wyo Tech, and that this shows that Danzik

has an interest in Wyo Tech’s funds, since Inductance was merely a continuation of Wyo Tech after we

served the restraining notice. And as you also know, limiting your responses to the date we served the

restraining notice is improper, because the court rejected Wyo Tech’s argument that only the CWT

Parties’ knowledge at the time the restraining notice was served is relevant. This all being said, is it your

representation that neither Wilenchik nor Beus Gilbert has any documents responsive to any of the

requests in the subpoenas in its possession, custody, or control for the full time period requested in the

subpoenas—January 1, 2016 through the date of production (April 26, 2019)? Please confirm.

Joshua Wurtzel

Schlam Stone & Dolan LLP

26 Broadway

New York, NY 10004

Tel.: (212) 344-5400 (x 324)

jwurtzel@schlamstone.com

<image001.png>

CommercialDivisionBlog.com

This e-mail, including all attachments, is for the use of the intended recipients only. It may contain

legally privileged or confidential information. If you are not the intended recipient, please permanently

delete this message and all copies or printouts, and please notify me immediately.

From: Tyler Swensen <TylerS@wb-law.com> 

Sent: Monday, May 13, 2019 7:21 PM

To: Joshua Wurtzel <jwurtzel@schlamstone.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>; admin <admin@wb-law.com>; Dennis Wilenchik <diw@wblaw.com>; Chase Turrentine <chaset@wb-law.com>; Victoria Stevens <VictoriaS@wb-law.com>; Jeffrey

M. Eilender <jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>;

lbeus@beusgilbert.com

Subject: RE: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 7 of 10
We have located two emails from Ms. Stevens, the paralegal who signed the

mailing certificate, sent at 6:57 p.m. and 8:23 p.m. on April 26, 2019, in which she

states that the Responses had been sent out. She also remembers preparing

envelopes for mailing the Responses. However, we cannot find any outgoing

email from April 26, 2019, to you and your co-counsel with the Responses

attached. It is unclear to us what happened. Apparently, Ms. Stevens either

failed to actually send you an email with the Responses, or she hit send and our

email server dropped the ball, which has happened before. In any event, as you

can see if you look at the “Properties” of the two .pdf files I forwarded to you just

now, they were finalized at around 6:30 p.m. on April 26, 2019. Based on Ms.

Stevens’ emails confirming that they had gone out, we assumed that you received

those Responses since we did not hear anything from you about it until we

received your Motion for OSC. If you have simply called and told us you never

received any Responses, we would have re-sent them and this situation could

have been averted and defused without the need for filing anything with the

Court.

<image002.png>

www.wb-law.com

Tyler Swensen

Attorney At Law

TylerS@wb-law.com

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

P 602-606-2810 | F 602-606-2811

----------------------------

ATTORNEY/CLIENT COMMUNICATION

The information transmitted by this e-mail is intended only for the addressee and may contain confidential and/or

privileged material. Any interception, review, retransmission, dissemination or other use of this information by persons

or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. If you

received this communication in error, please contact us immediately at (602) 606-2810, and delete the communication

from any computer or network system.

----------------------------

From: Joshua Wurtzel <jwurtzel@schlamstone.com> 

Sent: Monday, May 13, 2019 3:56 PM

To: Tyler Swensen <TylerS@wb-law.com>

Cc: Henk Taylor <HTaylor@rrulaw.com>; admin <admin@wb-law.com>; Dennis Wilenchik <diw@wblaw.com>; Chase Turrentine <chaset@wb-law.com>; Victoria Stevens <VictoriaS@wb-law.com>; Jeffrey

M. Eilender <jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>;

lbeus@beusgilbert.com

Subject: Re: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

Were these responses emailed? Please forward the email or other proof of service. 

Joshua Wurtzel

Schlam Stone & Dolan LLP 

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 8 of 10
26 Broadway

New York, NY 10004

Tel.: (212) 344-5400 (x 324)

jwurtzel@schlamstone.com

CommercialDivisionBlog.com

On May 13, 2019, at 6:51 PM, Tyler Swensen <TylerS@wb-law.com> wrote:

Henk and Josh,

We have reviewed your Motion for Order to Show Cause and demand

that you withdraw it immediately. Your contention that Wilenchik &

Bartness and Beus Gilbert have somehow flouted the Court’s directives

is blatantly false. We sent you responses to the subpoenas in question

on April 26, 2019, (see attached), in which both firms honestly

responded that they have no documents responsive to your requests. 

Before you argue that those responses were limited to a time frame

different than that set forth in the subpoenas, you should know that

neither firm has any documents responsive to your requests at all. 

 Therefore, if the Motion is not immediately withdrawn and we are

forced to respond to it, we will be seeking sanctions against you and

your firms.

<image353237.png>

www.wb-law.com

Tyler Swensen

Attorney At Law

TylerS@wb-law.com

The Wilenchik & Bartness Building

2810 North Third Street

Phoenix, Arizona 85004

P 602-606-2810 | F 602-606-2811

----------------------------

ATTORNEY/CLIENT COMMUNICATION

The information transmitted by this e-mail is intended only for the addressee and may contain confidential and/or

privileged material. Any interception, review, retransmission, dissemination or other use of this information by persons

or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. If you

received this communication in error, please contact us immediately at (602) 606-2810, and delete the communication

from any computer or network system.

----------------------------

From: Henk Taylor <HTaylor@rrulaw.com> 

Sent: Monday, May 13, 2019 1:47 PM

To: lanza_chambers@azd.uscourts.gov

Cc: admin <admin@wb-law.com>; Dennis Wilenchik <diw@wb-law.com>; Chase

Turrentine <chaset@wb-law.com>; Tyler Swensen <TylerS@wb-law.com>; Victoria Stevens

<VictoriaS@wb-law.com>; Joshua Wurtzel <jwurtzel@schlamstone.com>; Jeffrey M.

Eilender <jeilender@schlamstone.com>; Bradley J. Nash <bnash@schlamstone.com>;

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 9 of 10
lbeus@beusgilbert.com

Subject: Wells Fargo Bank, N.A. v. Wyo Tech Investment Group LLC (2:17-cv-04140-DWL

To Judge Lanza’s Chambers:

Attached are the following documents filed in the referenced case today:

1. Motion for Order to Show Cause; and

2. Declaration of Joshua Wurtzel.

Also attached in Word format is a form or order granting the Motion.

J. Henk Taylor

RYAN RAPP & UNDERWOOD, PLC

3200 North Central Avenue

Suite 2250

Phoenix, Arizona 85012-2424

Phone: 602.280.1000

Direct Dial: 602.707.1480

General Fax: 602.265.1495

htaylor@rrulaw.com

www.rrulaw.com

WARNING: This email originated outside of WB-Law.com. DO NOT CLICK links or

attachments unless you recognize the sender and know the content is safe.

<04-26-19 Response to BG SDT.pdf>

<04-26-19 Response to WB SDT.pdf>

WARNING: This email originated outside of WB-Law.com. DO NOT CLICK links or attachments unless you

recognize the sender and know the content is safe.

WARNING: This email originated outside of WB-Law.com. DO NOT CLICK links or attachments unless you recognize

the sender and know the content is safe.

WARNING: This email originated outside of WB-Law.com. DO NOT CLICK links or attachments unless you recognize

the sender and know the content is safe.

WARNING: This email originated outside of WB-Law.com. DO NOT CLICK links or attachments unless you recognize

the sender and know the content is safe.

Case 2:17-cv-04140-DWL Document 135-8 Filed 05/15/19 Page 10 of 10