Wells Fargo Bank NA v. Wyo Tech Investment Group LLC et al
| Wells Fargo Bank NA |
| Wyo Tech Investment Group LLC, CWT Canada II Limited Partnership, Resources Recovery Corporation, Jean Noelting, Joshua Wurtzel and Schlam Stone & Dolan, LLP |
| Wyo Tech Investment Group LLC |
| Joshua Wurtzel and Schlam Stone & Dolan, LLP |
| Wyo Tech Investment Group LLC |
| Jean Noelting, CWT Canada II Limited Partnership and Resources Recovery Corporation |
| Wyo Tech Investment Group LLC |
| Wells Fargo Bank NA |
| 2:2017cv04140 |
| November 9, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| John J Tuchi |
| Other Statutory Actions |
| 28 U.S.C. ยง 1335 |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
313
ORDER: IT IS ORDERED that Wells Fargo's motion for attorneys' fees (Doc. 290 ) is granted. IT IS FURTHER ORDERED that Wells Fargo is awarded $35,619.50 for its attorneys' fees and costs. The Clerk of Court is directed to pay Wells Fargo the sum of $35,619.50 from the interpleaded funds in the District Court of Arizona's registry to Wells Fargo's counsel of record [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/1/21. (MAW)
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Filing
299
ORDER: Pending before the Court is the parties' most recent status report. (Doc. 298 .) IT IS ORDERED that the stay in this action shall remain in effect pending the resolution of the Term-Sheet Action. In the interim, the two pending motion s in this action (Docs. 238 , 290 ) will remain unresolved. The parties are ordered to file a joint status report within five days of the resolution of the Term-Sheet Action [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/1/20. (MAW)
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Filing
278
ORDER: IT IS ORDERED that the Judgment Creditors' motion for sanctions (Doc. 190 ) is granted in part and denied in part [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/31/19. (MAW)
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Filing
264
ORDER: IT IS ORDERED that: (1) The Judgment Creditors' Ex Parte Motion for Leave to Make Alternative Service of Subpoenas on Purported Wyo Tech Investors (Doc. 262 ) is granted in part and denied in part; and (2) The Judgment Creditors ar e granted leave to serve nonparties Mike Spaulding, Mike Wilhelm, and Lewis Henkind with document subpoenas, with a return date of two weeks after entry of this order, by (1) overnight FedEx to (a) for Mike Spaulding, 10869 North Scottsdale Road, #130-135, Scottsdale, Arizona 85254 and 2061 East Charleston Avenue, Phoenix, Arizona 85022; (b) for Mike Wilhelm, 2059 East Michigan Avenue, Phoenix, Arizona 85022; and (c) for Lewis Henkind, 9673 East Oberlin Way, Scottsdale, Arizona 85262; and (2) e-mail to their counsel in this action, Mr. Zlaket, at tom@zlaketlaw.com [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/21/19. (MAW)
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Filing
246
ORDER: IT IS ORDERED that: (1) The Judgment Creditors' motion to strike (Doc. 228 ) is denied; (2) Wyo Tech's motion for recusal (Doc. 231 ) is denied; and (3) Any future "supplement" filed by Wyo Tech without authorization will be summarily stricken [see attached Order for details]. Signed by Judge Dominic W Lanza on 9/27/19. (MAW)
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Filing
213
ORDER: IT IS ORDERED that: (1) The motion to quash/modify (Doc. 179 ) is granted in part and denied in part; (2) The subpoena to Ms. Loftis is quashed; and (3) The subpoena to the Wilenchik Firm is modified in the following respect: the sixth category of information specified in the deposition notice shall be removed [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/29/19. (MAW)
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Filing
209
ORDER: IT IS ORDERED that: (1) The Subpoenaed Individuals' motion for recusal (Doc. 204 ) is denied; and (2) The Judgment Creditors' response to the Subpoenaed Individuals' motion to quash (Doc. 204-2) is due within 14 days of today's date [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/27/19. (MAW)
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Filing
208
ORDER denying 205 Stipulation without prejudice [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/26/19. (MAW)
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Filing
186
ORDER: The CWT parties' motion for an order to show cause and for further sanctions (Doc. 183 ) is granted in part and denied in part. The Court will hold a show-cause hearing on August 30, 2019 at 3:00 p.m. in Courtroom 601 to address why the relief requested in the Motion as to DAS and Ms. Danzik should not be granted. The CWT Parties must serve of a copy of this Order, together with the papers upon which it was granted, via personal service upon nonparties Danzik Applied Sciences, LLC, Charles J. Davis, Richard W. Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and Kristin Joiner Mosharrafa by on or before August 14, 2019 [see attached Order for details]. Signed by Judge Dominic W Lanza on 8/6/19. (MAW)
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Filing
177
ORDER: IT IS ORDERED that: (1) The CWT Parties' "Ex Parte Motion for Leave to Make Alternative Service of Subpoenas on Nonparty Dennis M. Danzik" (Doc. 173 ) is granted; and (2) The CWT Parties are granted leave to serve nonparty Dennis M. Danzik with subpoenas for documents and testimony in this action, returnable in Phoenix, Arizona, by (1) overnight FedEx to 1334 Sunset Boulevard, Cody, Wyoming 82414; (2) overnight FedEx to 7543 East Tierra Buena Lane, Scottsdale, Ari zona 85260; (3) email to dmdanzik@gmail.com; and (4) email to his Wyoming bankruptcy counsel, Ken McCartney; his New York counsel, Jacques Catafago and Tom M. Fini; and Wyo Tech's counsel, Dennis M. Wilenchik [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/16/19. (MAW)
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Filing
167
ORDER: IT IS ORDERED that: (1) Nonparties Danzik Applied Sciences, LLC, Charles J. Davis, Richard W. Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and Kristin Joiner Mosharrafa are held in civil contempt; (2) Nonparties Danzik Applied Sciences, LLC, Charles J. Davis, Richard W. Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and Kristin Joiner Mosharrafa must pay the legal fees incurred by the CWT Parties in connection with bringing the motion for an OSC a nd the OSC hearing; and (3) Nonparties Danzik Applied Sciences, LLC, Charles J. Davis, Richard W. Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and Kristin Joiner Mosharrafa are each assessed a daily fine of $250 beginning on June 27, 2019 and lasting until the non-party fully complies with the subpoena(s) at issue [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/27/19. (MAW)
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Filing
165
ORDER denying without prejudice 158 Motion for Protective Order [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/21/19. (MAW)
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Filing
161
ORDER: IT IS ORDERED that: (1) The CWT parties' motion for an order to show cause (Doc. 159 ) is granted; (2) The Court will hold a Show-Cause Hearing on June 27, 2019, at 11:00 a.m. in Courtroom 601 to address why the relief requested in the Motion should not be granted [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/20/19. (MAW)
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Filing
149
ORDER: IT IS ORDERED denying without prejudice the CWT Parties' Motion for Leave to File Documents Under Seal (Doc. 145 ) [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/28/19. (MAW)
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Filing
119
ORDER: IT IS ORDERED that: (1) Wyo Tech's "Motion To Dismiss/Motion For Judgment On The Pleadings" (Doc. 95 ) is denied; (2) Wyo Tech's "Emergency Motion To Enjoin CWT Parties From Attempts To Utilize New York Restrainin g Notices To Restrain Funds of Nondebtors And Nondebtor Assets Located Outside of New York And Motion To Amend Complaint" (Doc. 98 ) is denied; (3) To the extent the parties' joint notice of summary dispute (Doc. 101 ) may be constru ed as a motion to compel filed by the Judgment Creditors, that motion is granted; and (4) Wilenchik and Beus Gilbert must produce the documents requested by the subpoenas by April 26, 2019 [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/9/19. (MAW)
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Filing
109
ORDER: IT IS ORDERED that the Judgment Creditors and Wyo Tech submit supplemental briefs. The deadline for the parties to submit simultaneous briefs on these issues shall be Friday, March 22, 2019. No responses or replies to the supplemental brief s are permitted. Each brief shall not exceed 10 pages in length. IT IS FURTHER ORDERED that Wilenchik and Beus Gilbert PLLC need not respond to the subpoenas until the Court has resolved the discovery dispute [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/5/19. (MAW)
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Filing
94
ORDER granting 48 motion to dismiss the crossclaims against CWT Canada II Limited Partnership, Resources Recovery Division, and Jean Noelting and the third-party claims against Schlam Stone & Dolan, LLP and Jeffrey M. Eilender. The crossclaim s against CWT Canada II Limited Partnership, Resources Recovery Division, and Jean Noelting and the third-party claims against Schlam Stone & Dolan, LLP and Jeffrey M. Eilender are DISMISSED WITHOUT PREJUDICE. Wyo Tech's "Motion fo r Immediate Release of Wrongfully Restrained Funds" (Doc. 72 ) is DENIED WITHOUT PREJUDICE. Wells Fargo's motion for attorneys' fees and costs (Doc. 85 ) is DENIED WITHOUT PREJUDICE. Signed by Judge Dominic W Lanza on 12/19/18. (EJA)
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Filing
69
* ORDER - IT IS THEREFORE ORDERED granting Plaintiff Wells Fargo Bank, N.A.'s Motion to Interplead Funds and for Order of Discharge (Doc. 7 ). IT IS FURTHER ORDERED that, by August 17, 2018, Plaintiff Wells Fargo Bank, N.A. shall deposit the fu nds contained in the account ending in -2809 held in the name of Wyo Tech Investment Group LLC and totaling $546,282.55 with the Clerk of the Court, to be placed in an interest-bearing account. By the same date, Wells Fargo shall also file a N otice with the Court.... Once Wells Fargo makes the deposit, it is discharged from any liability with regard to the funds deposited and dismissed from this action. IT IS FURTHER ORDERED granting Plaintiff Wells Fargo Bank, N.A.'s Motion to D ismiss Counterclaims (Doc. 46 ). Wyo Tech Investment Group LLC's counterclaims are dismissed with prejudice. IT IS FURTHER ORDERED restraining Defendants from instituting or prosecuting any proceeding against Plaintiff Wells Fargo Bank, N.A. in any State or United States Court with regard to the funds involved in this interpleader action without leave of this Court. (See document for further details). Signed by Judge John J Tuchi on 8/1/18. (LAD) * Modified to add text on 8/1/2018 (LAD).
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