Motion-Secondary: 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 v. Bremen House Inc., German News Company, Inc., Berrin Tekiner, Gonca Tekiner, Billur Akipek in her capacity as a Trustee of the Yasemin Tekiner 2011 Descendants Trust, Zeynep Tekiner (Intervenor Plaintiff)

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                                SUPREME COURT OF THE STATE OF NEW YORK
                  COMMERCIAL DIVISION, NEW YORK COUNTY
                                                                                  Index No. 657193/2020
                  YASEMIN TEKINER,
                           in her individual capacity, as a beneficiary           Commercial Division Part 3
                           and a Trustee of The Yasemin Tekiner
                           2011 Descendants Trust and derivatively as             Hon. Joel M. Cohen
                           a holder of equitable interests in a
                           shareholder or a member of the Company                 Motion Seq. No. 18
                           Defendants,
                                                                                     ORDER GRANTING PLAINTIFF’S
                                                                     Plaintiff,    MOTION FOR (I) PRODUCTION OF
                                                                                     DOCUMENTS SUBJECT TO THE
                                            -against-
                                                                                        FIDUCIARY EXCEPTION TO
                  BREMEN HOUSE INC., BREMEN HOUSE                                    ATTORNEY-CLIENT PRIVILEGE
                  TEXAS, INC., GERMAN NEWS COMPANY,                               AND WRONGFULLY WITHHELD BY
                  INC., GERMAN NEWS TEXAS, INC., 254-258                           DEFENDANTS AND (II) DISCOVERY
                  W. 35TH ST. LLC, BERRIN TEKINER, GONCA                                 REGARDING THE MENTAL
                  TEKINER, and BILLUR AKIPEK, in her capacity                       HEALTH AND SUBSTANCE ABUSE
                  as a Trustee of The Yasemin Tekiner 2011
                                                                                        AND ADDICTION ISSUES OF
                  Descendants Trust,
                                                                                     DEFENDANTS BERRIN TEKINER
                                                                 Defendants.                AND GONCA TEKINER


                  ZEYNEP TEKINER,
                           in her individual capacity, as a beneficiary
                           and a Trustee of The Zeynep Tekiner 2011
                           Descendants Trust and derivatively as a
                           holder of equitable interests in a
                           shareholder or a member of the Company
                           Defendants,

                                                       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.

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                  Index No.: 657193/2020
                           UPON READING AND FILING of the Notice of Motion of Plaintiff Yasemin Tekiner

                  (“Plaintiff”)   for an  Order:   (i) ordering    the  immediate    production     of all documents      wrongfully

                  withheld by Defendants under a claim of privilege, or, in the alternative, appointing a referee to

                  conduct    an   in  camera    review    of  the  communications        listed  on   Defendants’     privilege   log;

                  (ii) compelling    deposition    testimony    as to  Individual   Defendants’     mental   illness  and  substance

                  abuse   issues   –  including    permitting    Yasemin     to  recall   Billur  and   Zeynep;    (iii)  compelling

                  Defendants     to provide   full  and  complete    responses    to Yasemin’s     discovery    requests,   including

                  Requests      No.    82-85    from     Yasemin’s       First   Request     for   Production      of   Documents;

                  (iv)  compelling     Individual     Defendants     to  identify    all mental    health    and   substance    abuse

                  treatment    providers,    all  records   of   mental   health    and   substance    abuse    treatment    by   such

                  providers,    and   providing    authorizations    permitting    such   providers    to  disclose   to  Yasemin’s

                  counsel all mental health and substance abuse treatment records, from January 1, 2015 through

                  the present; and (v) granting such other and further relief as the Court deems just and proper; and

                  upon   the  Affirmation     of  Stephen    P.  Younger,    Esq.,   dated  June   6,  2022,   with   accompanying

                  exhibits, the Affidavit of Yasemin Tekiner, dated June 6, 2022, with accompanying exhibits, the

                  accompanying Memorandum of Law; and the opposition, reply and oral argument of the parties,

                  if any;  and   upon   all  the pleadings    and   proceedings    heretofore    had;  and   for  other  good   cause

                  appearing;

                           NOW,      on  the  motion    of  Parker   Ibrahim    &   Berg   LLP,    co-counsel    of  record   for  the

                  Plaintiff, it is

                           ORDERED, that Plaintiff’s Rule 14 Motion for (i) Production Of Documents Subject to

                  the  Fiduciary   Exception     to Attorney-Client     Privilege   and   Wrongfully     Withheld    by  Defendants




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                  and  (ii) Discovery    Regarding     the  Mental   Health   and   Substance    Abuse    and  Addiction    Issues  of

                  Defendants Berrin Tekiner and Gonca Tekiner is granted in its entirety; and it is further

                           ORDERED, that a copy of this Order with Notice of Entry shall be served upon the all

                  counsel of record.



                                                                                      ENTER:



                                                                                      ________________________________
                                                                                      Hon.                             J.S.C.




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