Preview
FILED: NEW YORK COUNTY CLERK 06/21/2022 09:13 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 522 RECEIVED NYSCEF: 06/21/2022
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 2011 Descendants
Trust and derivatively as a holder of equitable Index No.: 657193/2020
interests in a shareholder or a member of the
Company Defendants, Motion Sequence #23
Plaintiff, REPLY AFFIRMATION OF
JUDITH A. ARCHER
-against- IN FURTHER SUPPORT OF
DEFENDANTS’ OMNIBUS MOTION
BREMEN HOUSE INC., GERMAN NEWS TO COMPEL DOCUMENTS FROM
COMPANY, INC., BERRIN TEKINER, GONCA PLAINTIFF AND LISA RUBIN AND
TEKINER, and BILLUR AKIPEK, in her capacity TO QUASH OR LIMIT SUBPOENAS
as a Trustee of The Yasemin Tekiner 2011 TO PAUL SCHWARTZMAN AND
Descendants Trust, RAISH LLC
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-
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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.
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, counsel to Defendants Bremen
House, Inc., German News Company, Inc., Berrin Tekiner, Gonca (Tekiner) Chelsea, and Billur
Akipek (“Defendants”) in this action. I submit this Reply Affirmation in further support of
Defendants’ Motion to Compel Documents from Lisa Rubin and Quash or Limit Subpoenas to
Paul Schwartzman and Raish LLC.
A. Facts Relevant to the Motion to Compel Documents from Plaintiff and Lisa
Rubin
2. Counsel for Plaintiff, despite repeated attempts to meet and confer on the issue,
never mentioned that Yasemin and Lisa Rubin had a common interest agreement, they merely
asserted that there was a common interest privilege. (See NYSCEF Nos. 471, 156) Plaintiff’s
failure to mention this fact when Defendants have tried to meet and confer about the topic since
last September (See NYSCEF Nos. 398 ¶6; 156) calls into question the authenticity of the
agreement and whether Plaintiff in good faith attempted to resolve the disputes.
3. On September 24, 2019, Yasemin and Lisa Rubin exchanged text messages
regarding Gonca Chelsea’s (at the time Gonca Tekiner’s) severance package. A true and correct
copy of a text message exchange between Yasemin Tekiner and Lisa Rubin, dated September 24,
2019, is attached hereto as Exhibit A (TEKINER00122948).
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4. On November 11, 2019, Yasemin and Lisa Rubin exchanged text messages where
Rubin tried to dissuade Yasemin from moving out of the Companies’ Bel Air house. A true and
correct copy of excerpts of a text message exchange between Yasemin Tekiner and Lisa Rubin,
dated, November 11, 2019, is attached hereto as Exhibit B (TEKINER00121570-
TEKINER00121574).
5. On November 18, 2019, Yasemin and Lisa Rubin exchanged text messages
regarding settlement strategies for Gonca’s severance package. A true and correct copy of a text
message exchange between Yasemin Tekiner and Lisa Rubin, dated, November 18, 2019, is
attached hereto as Exhibit C (TEKINER00123354).
6. On December 11, 2020, Yasemin Tekiner emailed Stephen Younger, copying Lisa
Rubin, attaching documents related to drafting the Complaint and referencing Lisa Rubin making
edits to a draft Complaint. A true and correct copy of an email from Yasemin Tekiner to Stephen
Younger, dated December 11, 2020, is attached hereto as Exhibit D (TEKINER00001810).
B. Facts Relevant to the Motion to Quash the Subponeas to Paul Schwartzman and
Raish, LLC
7. To date, Plaintiff has issued at least thirteen subpoenas. The subpoenas have been
to the three Individual Defendants, Bremen House, Inc., Zeynep Tekiner (before she intervened)
as well as the following nonparties :
• Raish LLC,
• Paul Schwartzman,
• Beck & Baumann, CPA, LLC,
• Denise Baumann,
• Yuksel Fedayi
• Gurer Aykal
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NYSCEF DOC. NO. 522 RECEIVED NYSCEF: 06/21/2022
• Marc Shore
• Extell Development Co.
• John Stewart
• Norton Rose Fulbright US LLP
8. To date, Plaintiff has refused to withdraw their subpoenas or otherwise limit the
testimony they seek from Schwartzman and Raish despite valid objections and numerous meet and
confers. Plaintiff also refused to explain until this Motion why they believed Schwartzman had
any information relevant to her claims..
9. Defendants never received any documents from Schwartzman, Raish LLC, or
anyone on their behalf, despite our repeated requests inquiring as to whether he had produced any.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: New York, New York
June 21, 2022
/s/ Judith A. Archer
Judith A. Archer
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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 affidavit, exclusive of the caption, table of contents, table
of authorities, and signature block is less than 7,000 words.
Dated: June 21, 2022 By: /s/ Judith A. Archer
New York, New York Judith A. Archer
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Preview
FILED: NEW YORK COUNTY CLERK 06/21/2022 09:13 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 522 RECEIVED NYSCEF: 06/21/2022 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 2011 Descendants Trust and derivatively as a holder of equitable Index No.: 657193/2020 interests in a shareholder or a member of the Company Defendants, Motion Sequence #23 Plaintiff, REPLY AFFIRMATION OF JUDITH A. ARCHER -against- IN FURTHER SUPPORT OF DEFENDANTS’ OMNIBUS MOTION BREMEN HOUSE INC., GERMAN NEWS TO COMPEL DOCUMENTS FROM COMPANY, INC., BERRIN TEKINER, GONCA PLAINTIFF AND LISA RUBIN AND TEKINER, and BILLUR AKIPEK, in her capacity TO QUASH OR LIMIT SUBPOENAS as a Trustee of The Yasemin Tekiner 2011 TO PAUL SCHWARTZMAN AND Descendants Trust, RAISH LLC 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- 1 1 of 5 FILED: NEW YORK COUNTY CLERK 06/21/2022 09:13 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 522 RECEIVED NYSCEF: 06/21/2022 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. 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, counsel to Defendants Bremen House, Inc., German News Company, Inc., Berrin Tekiner, Gonca (Tekiner) Chelsea, and Billur Akipek (“Defendants”) in this action. I submit this Reply Affirmation in further support of Defendants’ Motion to Compel Documents from Lisa Rubin and Quash or Limit Subpoenas to Paul Schwartzman and Raish LLC. A. Facts Relevant to the Motion to Compel Documents from Plaintiff and Lisa Rubin 2. Counsel for Plaintiff, despite repeated attempts to meet and confer on the issue, never mentioned that Yasemin and Lisa Rubin had a common interest agreement, they merely asserted that there was a common interest privilege. (See NYSCEF Nos. 471, 156) Plaintiff’s failure to mention this fact when Defendants have tried to meet and confer about the topic since last September (See NYSCEF Nos. 398 ¶6; 156) calls into question the authenticity of the agreement and whether Plaintiff in good faith attempted to resolve the disputes. 3. On September 24, 2019, Yasemin and Lisa Rubin exchanged text messages regarding Gonca Chelsea’s (at the time Gonca Tekiner’s) severance package. A true and correct copy of a text message exchange between Yasemin Tekiner and Lisa Rubin, dated September 24, 2019, is attached hereto as Exhibit A (TEKINER00122948). 2 2 of 5 FILED: NEW YORK COUNTY CLERK 06/21/2022 09:13 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 522 RECEIVED NYSCEF: 06/21/2022 4. On November 11, 2019, Yasemin and Lisa Rubin exchanged text messages where Rubin tried to dissuade Yasemin from moving out of the Companies’ Bel Air house. A true and correct copy of excerpts of a text message exchange between Yasemin Tekiner and Lisa Rubin, dated, November 11, 2019, is attached hereto as Exhibit B (TEKINER00121570- TEKINER00121574). 5. On November 18, 2019, Yasemin and Lisa Rubin exchanged text messages regarding settlement strategies for Gonca’s severance package. A true and correct copy of a text message exchange between Yasemin Tekiner and Lisa Rubin, dated, November 18, 2019, is attached hereto as Exhibit C (TEKINER00123354). 6. On December 11, 2020, Yasemin Tekiner emailed Stephen Younger, copying Lisa Rubin, attaching documents related to drafting the Complaint and referencing Lisa Rubin making edits to a draft Complaint. A true and correct copy of an email from Yasemin Tekiner to Stephen Younger, dated December 11, 2020, is attached hereto as Exhibit D (TEKINER00001810). B. Facts Relevant to the Motion to Quash the Subponeas to Paul Schwartzman and Raish, LLC 7. To date, Plaintiff has issued at least thirteen subpoenas. The subpoenas have been to the three Individual Defendants, Bremen House, Inc., Zeynep Tekiner (before she intervened) as well as the following nonparties : • Raish LLC, • Paul Schwartzman, • Beck & Baumann, CPA, LLC, • Denise Baumann, • Yuksel Fedayi • Gurer Aykal 3 3 of 5 FILED: NEW YORK COUNTY CLERK 06/21/2022 09:13 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 522 RECEIVED NYSCEF: 06/21/2022 • Marc Shore • Extell Development Co. • John Stewart • Norton Rose Fulbright US LLP 8. To date, Plaintiff has refused to withdraw their subpoenas or otherwise limit the testimony they seek from Schwartzman and Raish despite valid objections and numerous meet and confers. Plaintiff also refused to explain until this Motion why they believed Schwartzman had any information relevant to her claims.. 9. Defendants never received any documents from Schwartzman, Raish LLC, or anyone on their behalf, despite our repeated requests inquiring as to whether he had produced any. I declare under penalty of perjury that the foregoing is true and correct. Dated: New York, New York June 21, 2022 /s/ Judith A. Archer Judith A. Archer 4 4 of 5 FILED: NEW YORK COUNTY CLERK 06/21/2022 09:13 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 522 RECEIVED NYSCEF: 06/21/2022 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 affidavit, exclusive of the caption, table of contents, table of authorities, and signature block is less than 7,000 words. Dated: June 21, 2022 By: /s/ Judith A. Archer New York, New York Judith A. Archer 5 5 of 5