Preview
FILED: NEW YORK COUNTY CLERK 06/17/2021 06:16 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 06/17/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YASEMIN TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Yasemin Tekiner
2011 Descendants Trust and derivatively as
a holder of equitable interests in a
shareholder or a member of the Company
Defendants,
Index No.: 657193/2020
Plaintiff,
-against- AFFIRMATION OF JUDITH A.
ARCHER IN SUPPORT OF
BREMEN HOUSE INC., BREMEN HOUSE DEFENDANT’S MOTION TO SEAL
TEXAS, INC., GERMAN NEWS COMPANY,
INC., GERMAN NEWS TEXAS, INC., 254-258
W. 35TH ST. LLC, BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
Defendants.
JUDITH A. ARCHER, being duly sworn, pursuant to CPLR § 2106, hereby affirms the
following to be true and correct under penalty of perjury:
1. I am an attorney duly admitted to practice before the courts of the State of New
York and am a partner of the firm Norton Rose Fulbright US LLP, located at 1301 Avenue of the
Americas, New York, New York, 10019, counsel to Defendants Bremen House, Inc., Bremen
House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254-258 W. 35th St.
LLC, Berrin Tekiner, Gonca Tekiner, and Billur Akipek (“Defendants”) in this action. I have
personal knowledge of the facts described herein.
2. I make this affirmation in support of the application of Defendants to file under seal
Exhibits 1-5 of the Supplemental Affidavit of Yasemin Tekiner (NYSCEF No. 77) (the
-1-
1 of 4
FILED: NEW YORK COUNTY CLERK 06/17/2021 06:16 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 06/17/2021
“Supplemental Affidavit”) (NYSCEF Nos. 78, 79, 80, 81 82); file under seal Exhibits 16 and 24
to the Affidavit of Yasemin Tekiner dated January 21, 2021 (the “Yasemin Affidavit”) (NYSCEF
Nos. 57 and 65); and file a redacted version of the Supplemental Affidavit (NYSCEF No. 77).
3. Plaintiff previously moved for the relief sought herein on January 21, 2021.
(NYSCEF Docs. 84, 85). Plaintiff’s counsel notified Defendants’ counsel earlier that day that they
planned on filing the Supplemental Affidavit concerning Defendants’ “mental health,” but did not
otherwise disclose the contents of either the Supplemental Affidavit or the documents Plaintiff
ultimately filed under seal.
4. The day after filing, on January 22, 2021, Plaintiffs sent copies of NYSCEF Nos.
57, 65, and 77-82 to Defendants, following Defendants’ demand that Plaintiff do so. However,
Defendants have not been provided with copies of NYSCEF Nos. 38-40, which are purportedly
privileged communications between Plaintiff and Plaintiff’s counsel.
5. After its original motion to seal was denied, Plaintiff’s counsel indicated on June
11, 2021 that they would not correct the deficiencies of their motion with respect to the documents
at issue here, but would not oppose Defendants’ motion to seal.
6. Defendants continue to assert that the documents at issue in this Motion are
confidential and/or subject to the attorney-client privilege, which was conveyed to Plaintiff’s
counsel as recently as June 11, 2021.
7. Defendants’ motion to seal includes a memorandum of law as required by the
Court. Defendants also have proposed redactions to the Supplemental Affidavit, attached as
Exhibit 1 and Exhibit 1R. However, the remaining texts and emails would be completely illegible
even with targeted redactions of the privileged and confidential information contained therein, and
therefore Defendants respectfully request the court issue an order instructing that these documents
2 of 4
FILED: NEW YORK COUNTY CLERK 06/17/2021 06:16 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 06/17/2021
be maintained under seal in their entirety. Attached as Exhibit 2 is a spreadsheet describing the
good-faith basis for each proposed redaction and document to seal as required by the Court’s rules.
Dated: New York, New York NORTON ROSE FULBRIGHT US LLP
June 17, 2021
By: /s/ Judith A. Archer
Judith A. Archer
3 of 4
FILED: NEW YORK COUNTY CLERK 06/17/2021 06:16 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 06/17/2021
CERTIFICATION
Counsel for Defendants hereby certify that this document complies with the word count
limit of Commercial Division Rule 17. This affidavit was prepared using Microsoft Word, and
the total number of words in this affidavit, exclusive of the caption, table of contents, table of
authorities, and signature block is less than 7,000 words.
Dated: New York, New York NORTON ROSE FULBRIGHT US LLP
June 17, 2021
By: /s/ Sean M. Topping
Sean M. Topping
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 06/17/2021 06:16 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 06/17/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YASEMIN TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants, Index No.: 657193/2020 Plaintiff, -against- AFFIRMATION OF JUDITH A. ARCHER IN SUPPORT OF BREMEN HOUSE INC., BREMEN HOUSE DEFENDANT’S MOTION TO SEAL TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. JUDITH A. ARCHER, being duly sworn, pursuant to CPLR § 2106, hereby affirms the following to be true and correct under penalty of perjury: 1. I am an attorney duly admitted to practice before the courts of the State of New York and am a partner of the firm Norton Rose Fulbright US LLP, located at 1301 Avenue of the Americas, New York, New York, 10019, counsel to Defendants Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254-258 W. 35th St. LLC, Berrin Tekiner, Gonca Tekiner, and Billur Akipek (“Defendants”) in this action. I have personal knowledge of the facts described herein. 2. I make this affirmation in support of the application of Defendants to file under seal Exhibits 1-5 of the Supplemental Affidavit of Yasemin Tekiner (NYSCEF No. 77) (the -1- 1 of 4 FILED: NEW YORK COUNTY CLERK 06/17/2021 06:16 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 06/17/2021 “Supplemental Affidavit”) (NYSCEF Nos. 78, 79, 80, 81 82); file under seal Exhibits 16 and 24 to the Affidavit of Yasemin Tekiner dated January 21, 2021 (the “Yasemin Affidavit”) (NYSCEF Nos. 57 and 65); and file a redacted version of the Supplemental Affidavit (NYSCEF No. 77). 3. Plaintiff previously moved for the relief sought herein on January 21, 2021. (NYSCEF Docs. 84, 85). Plaintiff’s counsel notified Defendants’ counsel earlier that day that they planned on filing the Supplemental Affidavit concerning Defendants’ “mental health,” but did not otherwise disclose the contents of either the Supplemental Affidavit or the documents Plaintiff ultimately filed under seal. 4. The day after filing, on January 22, 2021, Plaintiffs sent copies of NYSCEF Nos. 57, 65, and 77-82 to Defendants, following Defendants’ demand that Plaintiff do so. However, Defendants have not been provided with copies of NYSCEF Nos. 38-40, which are purportedly privileged communications between Plaintiff and Plaintiff’s counsel. 5. After its original motion to seal was denied, Plaintiff’s counsel indicated on June 11, 2021 that they would not correct the deficiencies of their motion with respect to the documents at issue here, but would not oppose Defendants’ motion to seal. 6. Defendants continue to assert that the documents at issue in this Motion are confidential and/or subject to the attorney-client privilege, which was conveyed to Plaintiff’s counsel as recently as June 11, 2021. 7. Defendants’ motion to seal includes a memorandum of law as required by the Court. Defendants also have proposed redactions to the Supplemental Affidavit, attached as Exhibit 1 and Exhibit 1R. However, the remaining texts and emails would be completely illegible even with targeted redactions of the privileged and confidential information contained therein, and therefore Defendants respectfully request the court issue an order instructing that these documents 2 of 4 FILED: NEW YORK COUNTY CLERK 06/17/2021 06:16 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 06/17/2021 be maintained under seal in their entirety. Attached as Exhibit 2 is a spreadsheet describing the good-faith basis for each proposed redaction and document to seal as required by the Court’s rules. Dated: New York, New York NORTON ROSE FULBRIGHT US LLP June 17, 2021 By: /s/ Judith A. Archer Judith A. Archer 3 of 4 FILED: NEW YORK COUNTY CLERK 06/17/2021 06:16 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 06/17/2021 CERTIFICATION Counsel for Defendants hereby certify that this document complies with the word count limit of Commercial Division Rule 17. This affidavit was prepared using Microsoft Word, and the total number of words in this affidavit, exclusive of the caption, table of contents, table of authorities, and signature block is less than 7,000 words. Dated: New York, New York NORTON ROSE FULBRIGHT US LLP June 17, 2021 By: /s/ Sean M. Topping Sean M. Topping 4 of 4