Preview
FILED: NEW YORK COUNTY CLERK 04/08/2022 06:33 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 04/08/2022
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
PROPOSED INTERVENOR-PLAINTIFF’S MOTION TO
SEAL DOCUMENTS FILED IN OPPOSITION TO
DEFENDANTS’ MOTION FOR CLAW BACK AND INJUNCTION
REGARDING ALLEGEDLY PRIVILEGED INFORMATION
Michele Kahn
Kahn & Goldberg, LLP
Attorneys for Proposed Intervenor-
Plaintiff Zeynep Tekiner
555 Fifth Avenue, 14th Floor
New York, New York 10017
(212) 687-5066
mk@kahngoldberg.com
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TABLE OF CONTENTS
STATEMENT OF FACTS ..............................................................................................................1
ARGUMENT ...................................................................................................................................2
CONCLUSION ................................................................................................................................3
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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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Proposed Intervenor-Plaintiff Zeynep Tekiner (“Zeynep”), upon the accompanying
emergency affirmation of Michele Kahn (the “Kahn Sealing Affirmation”), submits this
memorandum of law in support of her motion to seal all or parts of the April 7, 2022 affidavits of
Zeynep Tekiner and Michele Kahn, and the April 7, 2022 memorandum of law, all in opposition to
Defendants’ motion for a claw back and preliminary injunction in connection with Defendants’ assertion of
attorney client privilege, and the exhibits thereto.
STATEMENT OF FACTS
At the March 31, 2022 oral argument on the TRO portion of Defendants’ motion, the Court
ordered that any document in connection with Defendants’ motion be filed under seal.
In addition, 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. Zeynep’s counsel has signed the Confidentiality Stipulation.
In connection with Zeynep’s opposition to Defendants’ motion for a claw back and preliminary
injunction in connection with Defendants’ assertion of attorney client privilege, and pursuant to the
Court’s direction, Zeynep seeks to have sealed certain documents filed on that Motion. The
affidavits and memorandum of law filed by Zeynep in opposition contain information that
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Defendants have claimed is privileged, although Zeynep does not agree that the material is in
fact privileged.
ARGUMENT
The Court has already ordered that any document filed in connection to Defendants’ motion
should be filed under seal. Moreover, 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 claimed that Zeynep’s opposition to Defendants’
Motion contains material that is covered by Defendants’ attorney-client privilege. In so claiming,
Defendants have asserted that the public does not have a discernible interest in non-public business
and personal matters that may be reflected in Zeynep’s opposition papers. As stated in Zeynep’s
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opposition papers, we do not agree that the opposition papers contain any of Defendants’
privileged information.
CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that the Court seal the April 7,
2022 affidavits of Zeynep Tekiner and Michele Kahn, and the April 7, 2022 memorandum of law, all in
opposition to Defendants’ motion for a claw back and preliminary injunction in connection with
Defendants’ assertion of attorney client privilege, and the exhibits thereto. at least until such time as the
Court can rule on this sealing motion.
Dated: New York, New York
April 8, 2022
Respectfully submitted,
__________________________
Michele Kahn, Esq.
Kahn & Goldberg, LLP
Attorneys for Proposed Intervenor-
Plaintiff Zeynep Tekiner
555 Fifth Avenue, 14th Floor
New York, New York 10017
(212) 687-5066
mk@kahngoldberg.com
Tekiner/MOL Supp Motion to Seal-2
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Preview
FILED: NEW YORK COUNTY CLERK 04/08/2022 06:33 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 04/08/2022 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 PROPOSED INTERVENOR-PLAINTIFF’S MOTION TO SEAL DOCUMENTS FILED IN OPPOSITION TO DEFENDANTS’ MOTION FOR CLAW BACK AND INJUNCTION REGARDING ALLEGEDLY PRIVILEGED INFORMATION Michele Kahn Kahn & Goldberg, LLP Attorneys for Proposed Intervenor- Plaintiff Zeynep Tekiner 555 Fifth Avenue, 14th Floor New York, New York 10017 (212) 687-5066 mk@kahngoldberg.com 1 of 6 FILED: NEW YORK COUNTY CLERK 04/08/2022 06:33 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 04/08/2022 TABLE OF CONTENTS STATEMENT OF FACTS ..............................................................................................................1 ARGUMENT ...................................................................................................................................2 CONCLUSION ................................................................................................................................3 i 2 of 6 FILED: NEW YORK COUNTY CLERK 04/08/2022 06:33 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 04/08/2022 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 6 FILED: NEW YORK COUNTY CLERK 04/08/2022 06:33 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 04/08/2022 Proposed Intervenor-Plaintiff Zeynep Tekiner (“Zeynep”), upon the accompanying emergency affirmation of Michele Kahn (the “Kahn Sealing Affirmation”), submits this memorandum of law in support of her motion to seal all or parts of the April 7, 2022 affidavits of Zeynep Tekiner and Michele Kahn, and the April 7, 2022 memorandum of law, all in opposition to Defendants’ motion for a claw back and preliminary injunction in connection with Defendants’ assertion of attorney client privilege, and the exhibits thereto. STATEMENT OF FACTS At the March 31, 2022 oral argument on the TRO portion of Defendants’ motion, the Court ordered that any document in connection with Defendants’ motion be filed under seal. In addition, 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. Zeynep’s counsel has signed the Confidentiality Stipulation. In connection with Zeynep’s opposition to Defendants’ motion for a claw back and preliminary injunction in connection with Defendants’ assertion of attorney client privilege, and pursuant to the Court’s direction, Zeynep seeks to have sealed certain documents filed on that Motion. The affidavits and memorandum of law filed by Zeynep in opposition contain information that 1 4 of 6 FILED: NEW YORK COUNTY CLERK 04/08/2022 06:33 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 04/08/2022 Defendants have claimed is privileged, although Zeynep does not agree that the material is in fact privileged. ARGUMENT The Court has already ordered that any document filed in connection to Defendants’ motion should be filed under seal. Moreover, 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 claimed that Zeynep’s opposition to Defendants’ Motion contains material that is covered by Defendants’ attorney-client privilege. In so claiming, Defendants have asserted that the public does not have a discernible interest in non-public business and personal matters that may be reflected in Zeynep’s opposition papers. As stated in Zeynep’s 2 5 of 6 FILED: NEW YORK COUNTY CLERK 04/08/2022 06:33 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 312 RECEIVED NYSCEF: 04/08/2022 opposition papers, we do not agree that the opposition papers contain any of Defendants’ privileged information. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests that the Court seal the April 7, 2022 affidavits of Zeynep Tekiner and Michele Kahn, and the April 7, 2022 memorandum of law, all in opposition to Defendants’ motion for a claw back and preliminary injunction in connection with Defendants’ assertion of attorney client privilege, and the exhibits thereto. at least until such time as the Court can rule on this sealing motion. Dated: New York, New York April 8, 2022 Respectfully submitted, __________________________ Michele Kahn, Esq. Kahn & Goldberg, LLP Attorneys for Proposed Intervenor- Plaintiff Zeynep Tekiner 555 Fifth Avenue, 14th Floor New York, New York 10017 (212) 687-5066 mk@kahngoldberg.com Tekiner/MOL Supp Motion to Seal-2 3 6 of 6