Preview
FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION: NEW YORK COUNTY
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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 : Index No.: 657193/2020
member of the Company Defendants, :
Plaintiff, : Motion Seq. No.:
:
- against – :
:
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, in her capacity :
as a Trustee of The Yasemin Tekiner 2011 :
Descendants Trust, :
Defendants. :
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MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S
MOTION TO SEAL RULE 14 LETTER
Evan Mandel
MANDEL BHANDARI LLP
80 Pine Street, 33rd Floor
New York, NY 10005
(212) 269-5600
em@mandelbhandari.com
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FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022
TABLE OF CONTENTS
STATEMENT OF FACTS ..............................................................................................................1
ARGUMENT ...................................................................................................................................2
CONCLUSION ................................................................................................................................3
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FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020
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TABLE OF AUTHORITIES
Page(s)
Cases
Coopersmith v. Gold,
156 Misc. 2d 594 (1992) ............................................................................................................2
Mancheski v. Gabelli Grp. Capital Partners,
39 A.D.3d 499 (2d Dep’t 2007) .................................................................................................2
In re Twentieth Century Fox Film Corp.,
190 A.D.2d 483 (N.Y. App. Div. 1st Dep’t 1993) .....................................................................2
Other Authorities
22 N.Y.C.R.R. § 216.1(a) ................................................................................................................2
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Plaintiff Yasemin Tekiner (“Plaintiff”), upon the accompanying emergency affirmation of
Evan Mandel (the “Mandel Affirmation”), submits this memorandum of law in support of her
motion to seal a Rule 14 letter the parties jointly wish to submit to the Court and which is attached
as Exhibit A to the Mandel Affirmation.
STATEMENT OF FACTS
On February 23, 2021, this Court entered a Stipulation and Order for the Production and
Exchange of Confidential Information [NYSCEF No. 91] (the “Confidentiality Stipulation”) in the
above-captioned case. The Confidentiality Stipulation provides that any Party who seeks to file
with the Court any deposition transcripts or other documents which have been previously been
designated as comprising or containing confidential information or any pleading, brief or
memorandum which reproduces, paraphrases or discloses such confidential information shall
submit such document in redacted form until the Court renders a decision on any motion to seal.
Throughout the pendency of this litigation, the parties have vigorously disputed whether
Plaintiff should be able to take discovery into the mental health and substance abuse issues of
Defendants Berrin Tekiner and Gonca Tekiner. After failing to come to agreement regarding these
disputes, the parties jointly prepared and submitted a Rule 14 letter for the Court’s consideration.
See Ex. A to Mandel Affirmation. As exhibits to the letters, the parties have included deposition
transcripts as well as text messages which address Berrin and Gonca’s mental health and substance
abuse issues. Id.
On March 7, 2022, Defendants requested that Plaintiff file the Rule 14 Letter and its
accompanying exhibits under seal because it includes confidential information as well as sensitive
personal health information about Berrin and Gonca Tekiner.
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FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020
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ARGUMENT
Pursuant to 22 N.Y.C.R.R. § 216.1(a), a court may “enter an order . . . sealing the court
records, whether in whole or in part” upon a “written finding of good cause.” In determining
whether there is good cause, the court should “weigh[] the interests of the public against the
interests of the parties.” Mancheski v. Gabelli Grp. Capital Partners, 39 A.D.3d 499, 502 (2d
Dep’t 2007). In finding good cause to seal documents, the Court “presupposes that public access
to the documents at issue will likely result in harm to a compelling interest of the movant…, and
that no alternative to sealing can adequately protect the threatened interest.” Id. at 502. Good
cause “boils down to . . . the prudent exercise of the court’s discretion.” Id. at 502 (citing
Coopersmith v. Gold, 156 Misc. 2d 594, 606 (1992). “[C]onfidentiality is, in certain circumstances,
necessary in order to protect the litigants . .. .” In re Twentieth Century Fox Film Corp., 190
A.D.2d 483, 486 (N.Y. App. Div. 1st Dep’t 1993). “When the balance [of interests] favors
confidentiality, confidentiality should be provided.” Id. at 486.
In the present matter, Defendants have designated the Rule 14 Letter and its accompanying
exhibits as confidential. By designating these documents confidential, Defendants have asserted
that the public does not have a discernible interest in the matters that are addressed in the Rule 14
Letter and in its exhibits. If Defendants’ designation is accepted, good cause exists for sealing the
Rule 14 Letter and its exhibits to be sealed because the public would have no compelling interest
in having access to such information.
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FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022
CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that the Court grant it
permission to file the Rule 14 letter under seal and seal Exhibit A to the Mandel Affirmation at
least until such time as the Court can rule on this sealing motion.
Dated: New York, New York
March 9, 2022
Respectfully submitted,
/s/ Evan Mandel
Evan Mandel
Mandel Bhandari LLP
80 Pine Street, 33rd Floor
New York, NY 10005
(212) 269-5600
em@mandelbhandari.com
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FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION: NEW YORK COUNTY
-------------------------------------------------------------- x
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 : Index No.: 657193/2020
member of the Company Defendants, :
Plaintiff, : Motion Seq. No.:
:
- against – :
:
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, in her capacity :
as a Trustee of The Yasemin Tekiner 2011 :
Descendants Trust, :
Defendants. :
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CERTIFICATE OF WORD COUNT COMPLIANCE
As a member of Mandel Bhandari LLP, I hereby certify that this memorandum of law is in
compliance with Commercial Division Rule 17. The foregoing document was prepared using
Microsoft Word, and the document contains 597 words as calculated by the application’s word
counting function.
Dated: New York, New York
March 9, 2022
/s/ Evan Mandel
Evan Mandel
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Preview
FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION: NEW YORK COUNTY -------------------------------------------------------------- x 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 : Index No.: 657193/2020 member of the Company Defendants, : Plaintiff, : Motion Seq. No.: : - against – : : 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, in her capacity : as a Trustee of The Yasemin Tekiner 2011 : Descendants Trust, : Defendants. : -------------------------------------------------------------- x MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION TO SEAL RULE 14 LETTER Evan Mandel MANDEL BHANDARI LLP 80 Pine Street, 33rd Floor New York, NY 10005 (212) 269-5600 em@mandelbhandari.com 1 of 7 FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022 TABLE OF CONTENTS STATEMENT OF FACTS ..............................................................................................................1 ARGUMENT ...................................................................................................................................2 CONCLUSION ................................................................................................................................3 i 2 of 7 FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022 TABLE OF AUTHORITIES Page(s) Cases Coopersmith v. Gold, 156 Misc. 2d 594 (1992) ............................................................................................................2 Mancheski v. Gabelli Grp. Capital Partners, 39 A.D.3d 499 (2d Dep’t 2007) .................................................................................................2 In re Twentieth Century Fox Film Corp., 190 A.D.2d 483 (N.Y. App. Div. 1st Dep’t 1993) .....................................................................2 Other Authorities 22 N.Y.C.R.R. § 216.1(a) ................................................................................................................2 ii 3 of 7 FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022 Plaintiff Yasemin Tekiner (“Plaintiff”), upon the accompanying emergency affirmation of Evan Mandel (the “Mandel Affirmation”), submits this memorandum of law in support of her motion to seal a Rule 14 letter the parties jointly wish to submit to the Court and which is attached as Exhibit A to the Mandel Affirmation. STATEMENT OF FACTS On February 23, 2021, this Court entered a Stipulation and Order for the Production and Exchange of Confidential Information [NYSCEF No. 91] (the “Confidentiality Stipulation”) in the above-captioned case. The Confidentiality Stipulation provides that any Party who seeks to file with the Court any deposition transcripts or other documents which have been previously been designated as comprising or containing confidential information or any pleading, brief or memorandum which reproduces, paraphrases or discloses such confidential information shall submit such document in redacted form until the Court renders a decision on any motion to seal. Throughout the pendency of this litigation, the parties have vigorously disputed whether Plaintiff should be able to take discovery into the mental health and substance abuse issues of Defendants Berrin Tekiner and Gonca Tekiner. After failing to come to agreement regarding these disputes, the parties jointly prepared and submitted a Rule 14 letter for the Court’s consideration. See Ex. A to Mandel Affirmation. As exhibits to the letters, the parties have included deposition transcripts as well as text messages which address Berrin and Gonca’s mental health and substance abuse issues. Id. On March 7, 2022, Defendants requested that Plaintiff file the Rule 14 Letter and its accompanying exhibits under seal because it includes confidential information as well as sensitive personal health information about Berrin and Gonca Tekiner. 1 4 of 7 FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022 ARGUMENT Pursuant to 22 N.Y.C.R.R. § 216.1(a), a court may “enter an order . . . sealing the court records, whether in whole or in part” upon a “written finding of good cause.” In determining whether there is good cause, the court should “weigh[] the interests of the public against the interests of the parties.” Mancheski v. Gabelli Grp. Capital Partners, 39 A.D.3d 499, 502 (2d Dep’t 2007). In finding good cause to seal documents, the Court “presupposes that public access to the documents at issue will likely result in harm to a compelling interest of the movant…, and that no alternative to sealing can adequately protect the threatened interest.” Id. at 502. Good cause “boils down to . . . the prudent exercise of the court’s discretion.” Id. at 502 (citing Coopersmith v. Gold, 156 Misc. 2d 594, 606 (1992). “[C]onfidentiality is, in certain circumstances, necessary in order to protect the litigants . .. .” In re Twentieth Century Fox Film Corp., 190 A.D.2d 483, 486 (N.Y. App. Div. 1st Dep’t 1993). “When the balance [of interests] favors confidentiality, confidentiality should be provided.” Id. at 486. In the present matter, Defendants have designated the Rule 14 Letter and its accompanying exhibits as confidential. By designating these documents confidential, Defendants have asserted that the public does not have a discernible interest in the matters that are addressed in the Rule 14 Letter and in its exhibits. If Defendants’ designation is accepted, good cause exists for sealing the Rule 14 Letter and its exhibits to be sealed because the public would have no compelling interest in having access to such information. 2 5 of 7 FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022 CONCLUSION For the foregoing reasons, Plaintiff respectfully requests that the Court grant it permission to file the Rule 14 letter under seal and seal Exhibit A to the Mandel Affirmation at least until such time as the Court can rule on this sealing motion. Dated: New York, New York March 9, 2022 Respectfully submitted, /s/ Evan Mandel Evan Mandel Mandel Bhandari LLP 80 Pine Street, 33rd Floor New York, NY 10005 (212) 269-5600 em@mandelbhandari.com 3 6 of 7 FILED: NEW YORK COUNTY CLERK 03/09/2022 07:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION: NEW YORK COUNTY -------------------------------------------------------------- x 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 : Index No.: 657193/2020 member of the Company Defendants, : Plaintiff, : Motion Seq. No.: : - against – : : 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, in her capacity : as a Trustee of The Yasemin Tekiner 2011 : Descendants Trust, : Defendants. : -------------------------------------------------------------- x CERTIFICATE OF WORD COUNT COMPLIANCE As a member of Mandel Bhandari LLP, I hereby certify that this memorandum of law is in compliance with Commercial Division Rule 17. The foregoing document was prepared using Microsoft Word, and the document contains 597 words as calculated by the application’s word counting function. Dated: New York, New York March 9, 2022 /s/ Evan Mandel Evan Mandel 4 7 of 7