On December 21, 2020 a
Motion-Secondary
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 06/22/2022 09:05 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 551 RECEIVED NYSCEF: 06/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
in her individual capacity, as a beneficiary Index No. 657193/2020
and a Trustee of The Yasemin Tekiner
2011 Descendants Trust and derivatively as Commercial Division Part 3
a holder of equitable interests in a
shareholder or a member of the Company Hon. Joel M. Cohen
Defendants,
Motion Seq. No. 27
Plaintiff,
EMERGENCY AFFIRMATION OF
-against- SCOTT W. PARKER IN SUPPORT OF
PLAINTIFF’S MOTION TO SEAL
BREMEN HOUSE INC., BREMEN HOUSE CERTAIN DOCUMENTS IN
TEXAS, INC., GERMAN NEWS COMPANY, CONNECTION WITH PLAINTIFF’S
INC., GERMAN NEWS TEXAS, INC., 254-258 REPLY IN FURTHER SUPPORT OF
W. 35TH ST. LLC, BERRIN TEKINER, GONCA HER RULE 14 MOTION AND
TEKINER, and BILLUR AKIPEK, in her capacity OPPOSITION TO DEFENDANTS’
as a Trustee of The Yasemin Tekiner 2011 CROSS-MOTION FOR A
Descendants Trust, PROTECTIVE ORDER
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., 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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FILED: NEW YORK COUNTY CLERK 06/22/2022 09:05 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 551 RECEIVED NYSCEF: 06/22/2022
SCOTT W. PARKER, Esq., an attorney duly admitted to practice before the Courts of
the State of New York, affirms under the penalty of perjury, pursuant to CPLR § 2106 as follows:
1. I am a partner of the law firm Parker Ibrahim & Berg LLP, co-counsel for plaintiff
Yasemin Tekiner (“Yasemin”) in the above-captioned matter.
2. I submit this affirmation in support of Yasemin’s application to file under seal:
a. Plaintiff’s Reply Memorandum of Law in Further 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 and in
Opposition to Defendants’ Cross-Motion for a Protective Order (the “Rule
14 Reply”); and
b. The Affidavit of Yasemin Tekiner in support of the Rule 14 Reply, and all
exhibits affixed thereto.
3. 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 Doc. No. 91) (the “Confidentiality Stipulation”) because Plaintiff’s Rule 14 Reply and
supporting documents relate to and include sensitive and confidential communications and
testimony regarding the personal health and treatment information of defendants Berrin Tekiner
and Gonca Tekiner, which Defendants contend are completely confidential. While Plaintiff takes
no position on Defendants’ claim, Plaintiff moves here to have Plaintiff’s Rule 14 Reply and
supporting documents documents sealed in compliance with the Confidentiality Stipulation.
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FILED: NEW YORK COUNTY CLERK 06/22/2022 09:05 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 551 RECEIVED NYSCEF: 06/22/2022
4. Accordingly, Plaintiff respectfully requests that the Court issue an order permitting
Plaintiff to file these documents under seal in order to protect their confidentiality as provided for
in the Confidentiality Stipulation.
5. No prior application for the relief sought herein has been made to this or any other
Court.
Dated: New York, New York
June 22, 2022 /s/ Scott W. Parker___
Scott W. Parker
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FILED: NEW YORK COUNTY CLERK 06/22/2022 09:05 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 551 RECEIVED NYSCEF: 06/22/2022
CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17
I hereby certify that the foregoing Affirmation complies with Rule 17 of subdivision (g) of
section 202.70 of the Uniform Rules for the Supreme Court and County Court (Rules of Practice
for the Commercial Division of the Supreme Court), and has a word count of 309 which is within
the word limit of 7,000.
Dated: New York, New York
June 22, 2022 /s/ Scott W. Parker
Scott W. Parker
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Preview
FILED: NEW YORK COUNTY CLERK 06/22/2022 09:05 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 551 RECEIVED NYSCEF: 06/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, in her individual capacity, as a beneficiary Index No. 657193/2020 and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as Commercial Division Part 3 a holder of equitable interests in a shareholder or a member of the Company Hon. Joel M. Cohen Defendants, Motion Seq. No. 27 Plaintiff, EMERGENCY AFFIRMATION OF -against- SCOTT W. PARKER IN SUPPORT OF PLAINTIFF’S MOTION TO SEAL BREMEN HOUSE INC., BREMEN HOUSE CERTAIN DOCUMENTS IN TEXAS, INC., GERMAN NEWS COMPANY, CONNECTION WITH PLAINTIFF’S INC., GERMAN NEWS TEXAS, INC., 254-258 REPLY IN FURTHER SUPPORT OF W. 35TH ST. LLC, BERRIN TEKINER, GONCA HER RULE 14 MOTION AND TEKINER, and BILLUR AKIPEK, in her capacity OPPOSITION TO DEFENDANTS’ as a Trustee of The Yasemin Tekiner 2011 CROSS-MOTION FOR A Descendants Trust, PROTECTIVE ORDER 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., 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. 1 1 of 4 FILED: NEW YORK COUNTY CLERK 06/22/2022 09:05 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 551 RECEIVED NYSCEF: 06/22/2022 SCOTT W. PARKER, Esq., an attorney duly admitted to practice before the Courts of the State of New York, affirms under the penalty of perjury, pursuant to CPLR § 2106 as follows: 1. I am a partner of the law firm Parker Ibrahim & Berg LLP, co-counsel for plaintiff Yasemin Tekiner (“Yasemin”) in the above-captioned matter. 2. I submit this affirmation in support of Yasemin’s application to file under seal: a. Plaintiff’s Reply Memorandum of Law in Further 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 and in Opposition to Defendants’ Cross-Motion for a Protective Order (the “Rule 14 Reply”); and b. The Affidavit of Yasemin Tekiner in support of the Rule 14 Reply, and all exhibits affixed thereto. 3. 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 Doc. No. 91) (the “Confidentiality Stipulation”) because Plaintiff’s Rule 14 Reply and supporting documents relate to and include sensitive and confidential communications and testimony regarding the personal health and treatment information of defendants Berrin Tekiner and Gonca Tekiner, which Defendants contend are completely confidential. While Plaintiff takes no position on Defendants’ claim, Plaintiff moves here to have Plaintiff’s Rule 14 Reply and supporting documents documents sealed in compliance with the Confidentiality Stipulation. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 06/22/2022 09:05 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 551 RECEIVED NYSCEF: 06/22/2022 4. Accordingly, Plaintiff respectfully requests that the Court issue an order permitting Plaintiff to file these documents under seal in order to protect their confidentiality as provided for in the Confidentiality Stipulation. 5. No prior application for the relief sought herein has been made to this or any other Court. Dated: New York, New York June 22, 2022 /s/ Scott W. Parker___ Scott W. Parker 3 3 of 4 FILED: NEW YORK COUNTY CLERK 06/22/2022 09:05 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 551 RECEIVED NYSCEF: 06/22/2022 CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17 I hereby certify that the foregoing Affirmation complies with Rule 17 of subdivision (g) of section 202.70 of the Uniform Rules for the Supreme Court and County Court (Rules of Practice for the Commercial Division of the Supreme Court), and has a word count of 309 which is within the word limit of 7,000. Dated: New York, New York June 22, 2022 /s/ Scott W. Parker Scott W. Parker 4 4 of 4