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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 entry of an 

order to show cause why nonparties Danzik Applied Sciences, LLC (“DAS”), Charles J. 

Davis, Richard W. Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and 

Kristin Joiner Mosharrafa should not be held in contempt for their failure to respond to the 

subpoenas served on them. Unless otherwise specified, the matters below are based on my 

personal knowledge and a review of my firm’s files.

2. A copy of the affidavit of service of subpoenas for documents and testimony 

on DAS is attached as Exhibit A.

3. A copy of the affidavit of service of a subpoena for documents on Charles J. 

Davis is attached as Exhibit B. We believe Mr. Davis is a purported Wyo Tech investor.

4. A copy of the affidavit of service of a subpoena for documents on Richard 

W. Davis is attached as Exhibit C. We believe Mr. Davis is a purported Wyo Tech 

investor.

5. A copy of the affidavit of service of a subpoena for documents on Ali M. 

Mosharrafa is attached as Exhibit D. We believe Mr. Mosharrafa is a purported Wyo Tech 

investor.

6. A copy of the affidavit of service of a subpoena for documents on Kristin 

Joiner Mosharrafa is attached as Exhibit E. We believe Ms. Mosharrafa is a purported 

Wyo Tech investor.

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7. A copy of the affidavit of service of a subpoena for documents on Tamir 

Mosharrafa is attached as Exhibit F. We believe Mr. Mosharrafa is a purported Wyo Tech 

investor.

8. A copy of the affidavit of service of a subpoena for documents on Ashley 

Mosharrafa is attached as Exhibit G. We believe Ms. Mosharrafa is a purported Wyo Tech 

investor.

9. A copy of Wyo Tech’s operating agreement, which Wyo Tech recently 

produced, is attached as Exhibit H.

10. A copy of the subpoenas we served on DAS is attached as Exhibit I.

11. A copy of the subpoenas we served on Charles J. Davis and Richard W. 

Davis is attached as Exhibit J.

12. A copy of the subpoenas we served on Ali M. Mosharrafa and Kristin Joiner 

Mosharrafa is attached as Exhibit K.

13. A copy of the subpoenas we served on Tamir Mosharrafa and Ashley 

Mosharrafa is attached as Exhibit L.

14. Copies of the letters we sent on April 16, 2019 to DAS, the Davises, and the 

Mosharrafas regarding their noncompliance with these subpoenas are attached as Exhibit 

M.

15. None of these nonparties responded to these letters, or produced any 

documents, or served any written responses to the subpoenas by the return date. And none 

of these nonparties reached out to us or made any contact concerning these subpoenas at 

any time, nor have they produced any documents or served any written responses to the 

subpoenas at any time.

16. Further, we reserve the right to seek sanctions against Wyo Tech for its 

deliberate interference with these subpoenas. Indeed, during a call with Evan Ahern—

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another purported Wyo Tech investor who was served with a subpoena in Nevada—Mr. 

Ahern told us that Wyo Tech officers told him he could disregard the subpoena served on 

him, and that Wyo Tech’s CEO—Bill Hinz—said he could toss the subpoena in the 

garbage because it was invalid.

17. Mr. Ahern also said that he received a copy of a letter from Wyo Tech’s 

counsel, Wilenchik & Bartness, to us claiming that the nonparty subpoenas we served 

were invalid because we did not give them notice of the subpoenas before service. This 

claim was erroneous, since we e-mailed Wilenchik & Bartness copies of these subpoenas 

before serving them, and pointed this out to Wilenchik & Bartness as soon as we got their 

letter. Copies of the e-mails we sent to Wilenchik & Bartness attaching notices of these 

subpoenas are attached as Exhibit N.

18. But despite having clarified that Wilenchik & Bartness did get notice of 

these subpoenas before their service and that there was no basis to tell nonparties that 

these subpoenas were not valid, to our knowledge, neither Wilenchik & Bartness nor Wyo 

Tech sent a correction to these nonparties or further clarified their claim. 

Dated: June 19, 2019

New York, New York

 

 JOSHUA WURTZEL

Case 2:17-cv-04140-DWL Document 160 Filed 06/19/19 Page 4 of 4