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 06/08/2022 01:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022
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
2011 Descendants Trust and derivatively as Index No.: 657193/2020
a holder of equitable interests in a
shareholder or a member of the Company Motion Sequence #24
Defendants,
Plaintiff,
-against-
BREMEN HOUSE INC., GERMAN NEWS
COMPANY, INC., BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
Defendants.
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., GERMAN NEWS
COMPANY, INC., BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Zeynep Tekiner 2011
Descendants Trust,
Defendants.
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FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022
EMERGENCY AFFIRMATION OF JUDITH A. ARCHER IN SUPPORT OF
DEFENDANTS’ MOTION TO SEAL CERTAIN DOCUMENTS IN CONNECTION
WITH DEFENDANTS’ OMNIBUS MOTION TO COMPEL DOCUMENTS AND LISA
RUBIN AND TO QUASH OR TO LIMIT THE SUBPOENAS TO PAUL
SCHWARTZMAN AND RAISH LLC
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
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FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022
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:
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) the Affirmation of Judith Archer in Support of Defendants’ Motion to Compel Documents and
Lisa Rubin and to Quash or to Limit the Subpoenas to Paul Schwartzman and Raish LLC, dated
June 6, 2022 (NYSCEF No. 413) as well as Exhibits D, E, F, and G thereto (NYSCEF Nos. 402-
05); and (2) Exhibits A and B of the Affidavit of Akipek Tekiner, dated June 6, 2022 (the “Tekiner
Affidavit”) (NYSCEF Nos. 414-15). These filings contain information that either Plaintiffs or
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
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FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022
confidentiality as provided for in the Confidentiality Stipulation and this court’s March 31, 2021
Order.
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
June 8, 2022
/s/ Judith A. Archer
Judith A. Archer
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FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022
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: June 8, 2022 By: /s/ Judith A. Archer
New York, New York Judith A. Archer
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Preview
FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022 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 2011 Descendants Trust and derivatively as Index No.: 657193/2020 a holder of equitable interests in a shareholder or a member of the Company Motion Sequence #24 Defendants, Plaintiff, -against- BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. 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., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Zeynep Tekiner 2011 Descendants Trust, Defendants. -1- 1 of 5 FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022 EMERGENCY AFFIRMATION OF JUDITH A. ARCHER IN SUPPORT OF DEFENDANTS’ MOTION TO SEAL CERTAIN DOCUMENTS IN CONNECTION WITH DEFENDANTS’ OMNIBUS MOTION TO COMPEL DOCUMENTS AND LISA RUBIN AND TO QUASH OR TO LIMIT THE SUBPOENAS TO PAUL SCHWARTZMAN AND RAISH LLC 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 -2- 2 of 5 FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022 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: 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) the Affirmation of Judith Archer in Support of Defendants’ Motion to Compel Documents and Lisa Rubin and to Quash or to Limit the Subpoenas to Paul Schwartzman and Raish LLC, dated June 6, 2022 (NYSCEF No. 413) as well as Exhibits D, E, F, and G thereto (NYSCEF Nos. 402- 05); and (2) Exhibits A and B of the Affidavit of Akipek Tekiner, dated June 6, 2022 (the “Tekiner Affidavit”) (NYSCEF Nos. 414-15). These filings contain information that either Plaintiffs or 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 -3- 3 of 5 FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022 confidentiality as provided for in the Confidentiality Stipulation and this court’s March 31, 2021 Order. 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 June 8, 2022 /s/ Judith A. Archer Judith A. Archer -4- 4 of 5 FILED: NEW YORK COUNTY CLERK 06/08/2022 01:59 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 456 RECEIVED NYSCEF: 06/08/2022 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: June 8, 2022 By: /s/ Judith A. Archer New York, New York Judith A. Archer -5- 5 of 5