Preview
FILED: NEW YORK COUNTY CLERK 06/30/2022 01:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 615 RECEIVED NYSCEF: 06/30/2022
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 Index No.: 657193/2020
2011 Descendants Trust and derivatively as
a holder of equitable interests in a Motion Sequence #31
shareholder or a member of the Company
Defendants, EMERGENCY AFFIRMATION OF
JUDITH A. ARCHER IN SUPPORT
Plaintiff, OF DEFENDANTS’ ORDER TO
SHOW CAUSE TO SEAL CERTAIN
-against- DOCUMENTS IN CONNECTION
WITH DEFENDANTS’ ORDER TO
BREMEN HOUSE INC., GERMAN NEWS SHOW CAUSE FOR (1) TEMPORARY
COMPANY, INC., BERRIN TEKINER, GONCA RESTRAINING ORDER, (2)
TEKINER, and BILLUR AKIPEK, in her capacity PRELIMINARY INJUNCTION, AND
as a Trustee of The Yasemin Tekiner 2011 (3) MODIFICATION OF EXISTING
Descendants Trust, PRELIMINARY INJUNCTION,
AGAINST PLAINTIFFS, TO ALLOW
Defendants. DEFENDANTS TO CONDUCT
ORDINARY BUSINESS OF THE
COMPANIES
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
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FILED: NEW YORK COUNTY CLERK 06/30/2022 01:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 615 RECEIVED NYSCEF: 06/30/2022
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.
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 further support of the application of Defendants to file
under seal (1) Exhibits to the Affirmation of Judith A. Archer in Support of Defendants’ Order to
Show Cause for (1) Temporary Restraining Order, (2) Preliminary Injunction, and (3)
Modification of Existing Preliminary Injunction, Against Plaintiffs, to Allow Defendants to
Conduct Ordinary Business of the Companies, dated June 29, 2022 (NYSCEF Nos. 583, 584, 586);
and (2) the Affidavit of Berrin Tekiner, dated June 23, 2022, and exhibits attached thereto
(NYSCEF Nos. 594, 595, 596, 597, 598, 599). These filings contain information that Defendants
have designated as confidential pursuant to the Stipulation and Order for the Production and
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FILED: NEW YORK COUNTY CLERK 06/30/2022 01:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 615 RECEIVED NYSCEF: 06/30/2022
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
confidentiality as provided for in the Confidentiality Stipulation and this court’s March 31, 2021
Order.
4. Pursuant to CPLR § 2217, no prior application for the relief sought herein has been
made to this or any other Court by Defendants nor Plaintiff.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: New York, New York
June 30, 2022
/s/ Judith A. Archer
Judith A. Archer
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FILED: NEW YORK COUNTY CLERK 06/30/2022 01:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 615 RECEIVED NYSCEF: 06/30/2022
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 30, 2022 By: /s/ Judith A. Archer
New York, New York Judith A. Archer
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Preview
FILED: NEW YORK COUNTY CLERK 06/30/2022 01:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 615 RECEIVED NYSCEF: 06/30/2022 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 Index No.: 657193/2020 2011 Descendants Trust and derivatively as a holder of equitable interests in a Motion Sequence #31 shareholder or a member of the Company Defendants, EMERGENCY AFFIRMATION OF JUDITH A. ARCHER IN SUPPORT Plaintiff, OF DEFENDANTS’ ORDER TO SHOW CAUSE TO SEAL CERTAIN -against- DOCUMENTS IN CONNECTION WITH DEFENDANTS’ ORDER TO BREMEN HOUSE INC., GERMAN NEWS SHOW CAUSE FOR (1) TEMPORARY COMPANY, INC., BERRIN TEKINER, GONCA RESTRAINING ORDER, (2) TEKINER, and BILLUR AKIPEK, in her capacity PRELIMINARY INJUNCTION, AND as a Trustee of The Yasemin Tekiner 2011 (3) MODIFICATION OF EXISTING Descendants Trust, PRELIMINARY INJUNCTION, AGAINST PLAINTIFFS, TO ALLOW Defendants. DEFENDANTS TO CONDUCT ORDINARY BUSINESS OF THE COMPANIES 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 -1- 1 of 4 FILED: NEW YORK COUNTY CLERK 06/30/2022 01:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 615 RECEIVED NYSCEF: 06/30/2022 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. 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 further support of the application of Defendants to file under seal (1) Exhibits to the Affirmation of Judith A. Archer in Support of Defendants’ Order to Show Cause for (1) Temporary Restraining Order, (2) Preliminary Injunction, and (3) Modification of Existing Preliminary Injunction, Against Plaintiffs, to Allow Defendants to Conduct Ordinary Business of the Companies, dated June 29, 2022 (NYSCEF Nos. 583, 584, 586); and (2) the Affidavit of Berrin Tekiner, dated June 23, 2022, and exhibits attached thereto (NYSCEF Nos. 594, 595, 596, 597, 598, 599). These filings contain information that Defendants have designated as confidential pursuant to the Stipulation and Order for the Production and -2- 2 of 4 FILED: NEW YORK COUNTY CLERK 06/30/2022 01:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 615 RECEIVED NYSCEF: 06/30/2022 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 confidentiality as provided for in the Confidentiality Stipulation and this court’s March 31, 2021 Order. 4. Pursuant to CPLR § 2217, no prior application for the relief sought herein has been made to this or any other Court by Defendants nor Plaintiff. I declare under penalty of perjury that the foregoing is true and correct. Dated: New York, New York June 30, 2022 /s/ Judith A. Archer Judith A. Archer -3- 3 of 4 FILED: NEW YORK COUNTY CLERK 06/30/2022 01:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 615 RECEIVED NYSCEF: 06/30/2022 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 30, 2022 By: /s/ Judith A. Archer New York, New York Judith A. Archer -4- 4 of 4