Preview
At Part 3 of the Supreme Court of the State of
New York, County of New York, held at the
Courthouse of 60 Centre Street, New York, New
York, on the ____ day of ________, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
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,
Commercial Division Part 3
Plaintiff,
Hon. Joel M. Cohen
-against-
Motion Seq. No. 19
BREMEN HOUSE INC., BREMEN HOUSE
TEXAS, INC., GERMAN NEWS COMPANY, ORDER TO SHOW CAUSE TO SEAL
INC., GERMAN NEWS TEXAS, INC., 254-258 RULE 14 MOTION OF PLAINTIFF
W. 35TH ST. LLC, BERRIN TEKINER, GONCA YASEMIN TEKINER FOR (I)
TEKINER, and BILLUR AKIPEK, in her capacity PRODUCTION OF DOCUMENTS
as a Trustee of The Yasemin Tekiner 2011 SUBJECT TO THE FIDUCIARY
Descendants Trust, EXCEPTION TO ATTORNEY-
CLIENT PRIVILEGE AND
Defendants. WRONGFULLY WITHHELD BY
DEFENDANTS AND (II) DISCOVERY
ZEYNEP TEKINER, in her individual capacity, as REGARDING THE MENTAL
a beneficiary and a Trustee of The Zeynep Tekiner HEALTH AND SUBSTANCE ABUSE
2011 Descendants Trust and derivatively as a AND ADDICTION ISSUES OF
holder of equitable interests in a shareholder or a DEFENDANTS BERRIN TEKINER
member of the Company Defendants, AND GONCA TEKINER
Intervenor-Plaintiff,
-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.
Plaintiff Yasemin Tekiner (“Plaintiff”) by her attorneys, Parker Ibrahim & Berg LLP,
having moved this Court for an Order to Show Cause why a further Order should not be issued
permitting the following documents to be sealed or filed under seal: (1) Plaintiff’s Rule 14 Motion
for (i) Production Of Documents Subject to the Fiduciary Exception to Attorney-Client Privilege
and Wrongfully Withheld by Defendants and (ii) Discovery Regarding the Mental Health and
Substance Abuse and Addiction Issues of Defendants Berrin Tekiner and Gonca Tekiner; (2)
Memorandum in Support; (3) Affirmation of Stephen P. Younger in Support and certain exhibits
affixed thereto; (4) Affidavit of Yasemin Tekiner in Support and all exhibits affixed thereto, and
granting such other and different relief as the Court may deem just and proper.
UPON the annexed emergency affirmation of Scott W. Parker, sworn to on June 6, 2022,
the accompanying memorandum of law, and upon all papers filed and proceedings had herein,
LET Defendants show cause before the Honorable Joel M. Cohen of this Supreme Court
of the State of New York, at the Courthouse Part 3 at 60 Centre Street, New York, NY 10007 on
the ___ day of ___________, 2022 at 9:30 a.m., or as soon thereafter as counsel can be heard,
WHY an order should not be made and entered:
1. Permitting the following documents to be filed under seal:
a. Plaintiff’s Memorandum of Law in Support of her Rule 14 Motion for (i)
Production of Documents Subject to the Fiduciary Exception to Attorney-Client
Privilege and Wrongfully Withheld by Defendants and (ii) Discovery
Regarding the Mental Health and Substance Abuse and Addiction Issues of
Defendants Berrin Tekiner and Gonca Tekiner (the “Rule 14 Motion”);
b. Affirmation of Stephen P. Younger in Support of Plaintiff’s Rule 14 Motion
2
and certain exhibits affixed thereto; and
c. Affidavit of Yasemin Tekiner in Support of the Rule 14 Motion and all exhibits
affixed thereto
2. Granting such other and further relief as this Court deems just and proper.
IT IS HEREBY ORDERED that any responsive papers to this motion made by Order to
Show Cause shall be served by electronic mail on counsel for Plaintiff and filed with the Clerk on
or before _________________, 2022; and it is further
ORDERED that service by electronic mail of this Order to Show Cause, together with the
papers upon which it is based, shall be made upon counsel for the Defendants on or before
_________________, 2022, and such service shall be deemed sufficient; and it is further
ORDERED that pending the hearing on this Order to Show Cause, NYSCEF Nos. 377,
378, 380, 381, 382, 383, 385, 386, 387, 388, 389 will remain temporarily under seal, accessible
only to the parties, their counsel, and court personal.
ORDERED that any reply papers on this motion shall be served by electronic mail on
counsel for Defendants and filed with the Clerk on or before _________________, 2022.
Dated: ____________, 2022
ENTER:
Hon. Joel M. Cohen, J.S.C.
3
Preview
At Part 3 of the Supreme Court of the State of New York, County of New York, held at the Courthouse of 60 Centre Street, New York, New York, on the ____ day of ________, 2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY 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, Commercial Division Part 3 Plaintiff, Hon. Joel M. Cohen -against- Motion Seq. No. 19 BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, ORDER TO SHOW CAUSE TO SEAL INC., GERMAN NEWS TEXAS, INC., 254-258 RULE 14 MOTION OF PLAINTIFF W. 35TH ST. LLC, BERRIN TEKINER, GONCA YASEMIN TEKINER FOR (I) TEKINER, and BILLUR AKIPEK, in her capacity PRODUCTION OF DOCUMENTS as a Trustee of The Yasemin Tekiner 2011 SUBJECT TO THE FIDUCIARY Descendants Trust, EXCEPTION TO ATTORNEY- CLIENT PRIVILEGE AND Defendants. WRONGFULLY WITHHELD BY DEFENDANTS AND (II) DISCOVERY ZEYNEP TEKINER, in her individual capacity, as REGARDING THE MENTAL a beneficiary and a Trustee of The Zeynep Tekiner HEALTH AND SUBSTANCE ABUSE 2011 Descendants Trust and derivatively as a AND ADDICTION ISSUES OF holder of equitable interests in a shareholder or a DEFENDANTS BERRIN TEKINER member of the Company Defendants, AND GONCA TEKINER Intervenor-Plaintiff, -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. Plaintiff Yasemin Tekiner (“Plaintiff”) by her attorneys, Parker Ibrahim & Berg LLP, having moved this Court for an Order to Show Cause why a further Order should not be issued permitting the following documents to be sealed or filed under seal: (1) Plaintiff’s Rule 14 Motion for (i) Production Of Documents Subject to the Fiduciary Exception to Attorney-Client Privilege and Wrongfully Withheld by Defendants and (ii) Discovery Regarding the Mental Health and Substance Abuse and Addiction Issues of Defendants Berrin Tekiner and Gonca Tekiner; (2) Memorandum in Support; (3) Affirmation of Stephen P. Younger in Support and certain exhibits affixed thereto; (4) Affidavit of Yasemin Tekiner in Support and all exhibits affixed thereto, and granting such other and different relief as the Court may deem just and proper. UPON the annexed emergency affirmation of Scott W. Parker, sworn to on June 6, 2022, the accompanying memorandum of law, and upon all papers filed and proceedings had herein, LET Defendants show cause before the Honorable Joel M. Cohen of this Supreme Court of the State of New York, at the Courthouse Part 3 at 60 Centre Street, New York, NY 10007 on the ___ day of ___________, 2022 at 9:30 a.m., or as soon thereafter as counsel can be heard, WHY an order should not be made and entered: 1. Permitting the following documents to be filed under seal: a. Plaintiff’s Memorandum of Law in Support of her Rule 14 Motion for (i) Production of Documents Subject to the Fiduciary Exception to Attorney-Client Privilege and Wrongfully Withheld by Defendants and (ii) Discovery Regarding the Mental Health and Substance Abuse and Addiction Issues of Defendants Berrin Tekiner and Gonca Tekiner (the “Rule 14 Motion”); b. Affirmation of Stephen P. Younger in Support of Plaintiff’s Rule 14 Motion 2 and certain exhibits affixed thereto; and c. Affidavit of Yasemin Tekiner in Support of the Rule 14 Motion and all exhibits affixed thereto 2. Granting such other and further relief as this Court deems just and proper. IT IS HEREBY ORDERED that any responsive papers to this motion made by Order to Show Cause shall be served by electronic mail on counsel for Plaintiff and filed with the Clerk on or before _________________, 2022; and it is further ORDERED that service by electronic mail of this Order to Show Cause, together with the papers upon which it is based, shall be made upon counsel for the Defendants on or before _________________, 2022, and such service shall be deemed sufficient; and it is further ORDERED that pending the hearing on this Order to Show Cause, NYSCEF Nos. 377, 378, 380, 381, 382, 383, 385, 386, 387, 388, 389 will remain temporarily under seal, accessible only to the parties, their counsel, and court personal. ORDERED that any reply papers on this motion shall be served by electronic mail on counsel for Defendants and filed with the Clerk on or before _________________, 2022. Dated: ____________, 2022 ENTER: Hon. Joel M. Cohen, J.S.C. 3