On December 21, 2020 a
Party Discovery
was filed
involving a dispute between
Yasemin Tekiner,
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,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 04/11/2022 08:55 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 338 RECEIVED NYSCEF: 04/11/2022
Judith A. Archer
Victoria V. Corder
Sean M. Topping
NORTON ROSE FULBRIGHT US LLP
1301 Avenue of the Americas
New York, New York 10019-6022
Tel.: (212) 318-3000
Fax: (212) 318-3400
judith.archer@nortonrosefulbright.com
victoria.corder@nortonrosefulbright.com
sean.topping@nortonrosefulbright.com
Attorneys for Defendants
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
Index No.: 657193/2020
2011 Descendants Trust and derivatively as
a holder of equitable interests in a
shareholder or a member of the Company Motion Sequence # 16
Defendants,
EMERGENCY AFFIRMATION OF
JUDITH A. ARCHER IN
Plaintiff,
SUPPORT OF DEFENDANTS’
MOTION TO SEAL CERTAIN
-against-
DOCUMENTS IN CONNECTION
BREMEN HOUSE INC., BREMEN HOUSE WITH DEFENDANT’S OPPOSITION
TO ZEYNEP’S MOTION TO
TEXAS, INC., GERMAN NEWS COMPANY,
INTERVENE, FOR TEMPORARY
INC., GERMAN NEWS TEXAS, INC., 254-258
RESTRAINING ORDER, AND
W. 35TH ST. LLC, BERRIN TEKINER, GONCA
PRELIMINARY INJUNCTION
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
Defendants.
JUDITH A. ARCHER, an attorney duly admitted to practice law in the Courts of the
State of New York, affirms the following under penalty of perjury:
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FILED: NEW YORK COUNTY CLERK 04/11/2022 08:55 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 338 RECEIVED NYSCEF: 04/11/2022
1. I am an attorney duly admitted to practice before the courts of the State of New
York and am a member of the firm Norton Rose Fulbright US LLP, located at 1301 Avenue of the
Americas, New York, NY 10019, counsel to Defendants Bremen House, Inc., German News
Company, Inc., Berrin Tekiner, Gonca (Tekiner) Chelsea, and Billur Akipek (“Defendants”) in
this action.
2. I make this affirmation in support of the application of Defendants to file under seal
(1) Defendants’ Memorandum of Law in Opposition to Zeynep Tekiner’s Motion to Intervene, for
Temporary Restraining Order and Preliminary Injunction (NYSCEF No. 336); (2) the Affirmation
of Judith Archer in Opposition to Zeynep Tekiner’s Motion to Intervene, dated April 8, 2022
(NYSCEF No. 329) as well as Exhibits D and F thereto (NYSCEF Nos. 333, 335); and (3) Exhibits
C, D, E, F, and N of the Affidavit of Berrin Tekiner, dated April 8, 2022 (the “Tekiner Affidavit”)
(NYSCEF Nos. 316-19, 327). These filings contain information that Defendants have designated
as confidential pursuant to the Stipulation and Order for the Production and Exchange of
Confidential Information (NYSCEF No. 91) (the “Confidentiality Stipulation”) in this case, and
the Court’s March 31, 2021 Order regarding privileged communications. The subjects and/or
contents of the aforementioned filings including sensitive business information, confidential
personal financial information, potentially personal identifying information, and/or privileged
attorney-client communications. Attached as Exhibit A is a true and correct copy of the specific
rationales for requesting the sealing of the aforementioned particular documents.
3. Accordingly, Defendants respectfully request that the Court issue an order
permitting Defendants to file these documents under seal, and/or be sealed, in order to protect their
confidentiality as provided for in the Confidentiality Stipulation and this court’s March 31, 2021
Order.
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FILED: NEW YORK COUNTY CLERK 04/11/2022 08:55 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 338 RECEIVED NYSCEF: 04/11/2022
4. No prior application for the relief sought herein has been made to this or any other
Court.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: New York, New York
April 11, 2022
/s/ Judith A. Archer
Judith A. Archer
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FILED: NEW YORK COUNTY CLERK 04/11/2022 08:55 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 338 RECEIVED NYSCEF: 04/11/2022
CERTIFICATION
Counsel for Defendants hereby certifies that this document complies with the word count
limit of Commercial Division Rule 17. This affirmation was prepared using Microsoft Word, and
the total number of words in this affirmation, exclusive of the caption, table of contents, table of
authorities, and signature block is less than 7,000 words.
Dated: April 11, 2022 By: /s/ Judith A. Archer
New York, New York Judith A. Archer
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