Wells Fargo Bank NA v. Wyo Tech Investment Group LLC et al

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)

Case 2:17-cv-04140-DWL Document 167 Filed 06/27/19 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Wells Fargo Bank NA,

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Plaintiff,

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Wyo Tech Investment Group LLC, et al.,

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ORDER

v.

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No. CV-17-04140-PHX-DWL

Defendants.

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On June 19, 2019, Defendants CWT Canada II Limited Partnership, Resource

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Recovery Corporation, and Jean Noelting (collectively, the “CWT Parties”) filed a motion

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seeking an order to show cause (“OSC”) why seven nonparties—(1) Danzik Applied

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Sciences, LLC, (2) Charles J. Davis, (3) Richard W. Davis, (4) Ashley Mosharrafa, (5)

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Tamir Mosharrafa, (6) Ali M. Mosharrafa, and (7) Kristin Joiner Mosharrafa—should not

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be held in contempt for their failure to respond to the subpoenas served on them. (Doc.

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159.)

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On June 20, 2019, the Court issued an order granting the motion (“the Order”).

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(Doc. 161.) The Order also (1) set an OSC hearing date of June 27, 2019, (2) required the

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non-parties to file any written response by June 25, 2019, and (3) authorized the CWT

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parties to serve the non-parties with a copy of the Order “by overnight courier” by June 21,

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2019. (Id.)

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Later that day, the CWT parties filed an affidavit establishing that a copy of the

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Order had been sent via “Federal Express-Priority Overnight Delivery” to all seven non-

Case 2:17-cv-04140-DWL Document 167 Filed 06/27/19 Page 2 of 2

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parties. (Doc. 163.)
The June 25, 2019 deadline for the non-parties to address the OSC order came and
went without any of them filing a response.

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On June 27, 2019, the Court held the OSC hearing as scheduled. None of the non-

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parties appeared. The only attorneys present were (1) two of the CWT parties’ attorneys

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and (2) an attorney for Wyo Tech Investment Group LLC (“Wyo Tech”), who made clear

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that he does not represent any of the non-parties.

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Accordingly, and for the reasons more fully stated on the record during the June 27,
2019 hearing, IT IS ORDERED that:
(1)

Nonparties Danzik Applied Sciences, LLC, Charles J. Davis, Richard W.

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Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and Kristin Joiner

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Mosharrafa are held in civil contempt;

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(2)

Nonparties Danzik Applied Sciences, LLC, Charles J. Davis, Richard W.

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Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and Kristin Joiner

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Mosharrafa must pay the legal fees incurred by the CWT Parties in connection with

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bringing the motion for an OSC and the OSC hearing; and

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(3)

Nonparties Danzik Applied Sciences, LLC, Charles J. Davis, Richard W.

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Davis, Ashley Mosharrafa, Tamir Mosharrafa, Ali M. Mosharrafa, and Kristin Joiner

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Mosharrafa are each assessed a daily fine of $250 beginning on June 27, 2019 and lasting

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until the non-party fully complies with the subpoena(s) at issue.

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Dated this 27th day of June, 2019.

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