Preview
FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
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 Commercial Division Part 3
Defendants,
Hon. Joel M. Cohen
Plaintiff,
Motion Seq. No. 36
-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.
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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MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION TO SEAL
CERTAIN DOCUMENTS TO PLAINTIFF’S REPLY IN FURTHER SUPPORT OF HER
ORDER TO SHOW CAUSE TO COMPEL COMPLIANCE WITH DISCOVERY
ORDER AND APPOINT A SPECIAL DISCOVERY MASTER
Stephen P. Younger Sanjay P. Ibrahim
FOLEY HOAG LLP Scott W. Parker
1301 Avenue of the Americas, 25th Floor Daniel A. Schleifstein
New York, NY 10019 PARKER IBRAHIM & BERG LLP
(212) 812-0365 5 Penn Plaza, Suite 2371
spyounger@foleyhoag.com New York, New York 10001
Telephone: (212) 596-7037
sanjay.ibrahim@piblaw.com
scott.parker@piblaw.com
daniel.schleifstein@piblaw.com
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NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022
TABLE OF CONTENTS
TABLE OF AUTHORITIES .......................................................................................... ii
STATEMENT OF FACTS ............................................................................................... 1
ARGUMENT .................................................................................................................... 2
CONCLUSION ................................................................................................................. 3
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NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022
TABLE OF AUTHORITIES
Cases
Cohen v S.A.C. Capital Advisors LLC,
2006 NYLJ LEXIS 754 [Sup Ct, NY County Jan 3, 2006].............................................................2
Coopersmith v Gold,
156 Misc 2d 594 [Sup Ct, Rockland County 1992] .......................................................................2
Mancheski v Gabelli Grp. Capital Partners,
39 AD3d 499 [2d Dept 2007] ........................................................................................................2
In re Twentieth Century Fox Film Corp.,
190 AD2d 483 [1st Dept 1993] …....…....…....…..........................................................................2
Other Authorities
22 NYCRR § 216.1(a)....................................................................................................................2
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NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022
Plaintiff Yasemin Tekiner (“Yasemin”), upon the accompanying emergency affirmation of
Scott W. Parker (the “Parker Sealing Affirmation”), submits this memorandum in support of her
motion to seal certain documents to Yasemin’s Reply in Further Support of her Order to Show
Cause to Compel Compliance with Discovery Order and Appoint a Special Discovery Master (the
“Special Master OTSC Reply”).
STATEMENT OF FACTS
On February 23, 2021, this Court entered a Stipulation and Order for the Production and
Exchange of Confidential Information (NYSCEF Doc. No. 91) (the “Confidentiality Stipulation”)
in the above-captioned case. The Confidentiality Stipulation provides that any Party who seeks
to file with the Court any deposition transcripts or other documents which have been previously
been designated as comprising or containing confidential information or any pleading, brief or
memorandum which reproduces, paraphrases or discloses such confidential information shall
submit such document in redacted form until the Court renders a decision on any motion to seal.
In connection with Yasemin’s Special Master OTSC Reply, Yasemin seeks to have certain
documents filed under seal. Specifically, Exhibit G to the October 24, 2022 Affidavit of Yasemin
Tekiner (“Yasemin’s Reply Affidavit”), the October 24, 2022 Affirmation of Scott W. Parker
filed in further support of Plaintiff’s Special Master OTSC (“Parker Affirmation”), and Exhibit 3,
Exhibit 4, Exhibit 9, Exhibit 10 and Exhibit 11 to the Parker Affirmation, all of which have been
designated as “confidential,” or contain information that has been designated as “confidential” as
containing sensitive business as well as sensitive personal health information about Defendants.
Yasemin now moves to seal those documents in accordance with the Confidentiality Stipulation.
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ARGUMENT
Pursuant to 22 NYCRR § 216.1(a), a court may “enter an order . . . sealing the court
records, whether in whole or in part” upon a “written finding of good cause.” In determining
whether there is good cause, the court should “weigh[] the interests of the public against the
interests of the parties.” (Mancheski v Gabelli Grp. Capital Partners, 39 AD3d 499, 502 [2d
Dept 2007].) In finding good cause to seal documents, the Court “presupposes that public access
to the documents at issue will likely result in harm to a compelling interest of the movant…, and
that no alternative to sealing can adequately protect the threatened interest.” ( Id., at 502.) Good
cause “boils down to . . . the prudent exercise of the court’s discretion.” (Id., at 502 (citing
Coopersmith v Gold, 156 Misc 2d 594, 606 [Sup Ct, Rockland County 1992].) “[C]onfidentiality
is, in certain circumstances, necessary in order to protect the litigants . . . .” ( In re Twentieth
Century Fox Film Corp., 190 AD2d 483, 486 [1st Dept 1993].) “When the balance [of
interests] favors confidentiality, confidentiality should be provided.” ( Id., at 486.)
Additionally, New York courts have held that “sensitive proprietary and business
information” should be sealed where “the parties have an interest in protecting and there is no
countervailing public interest that would furthered by their disclosure.” (Cohen v S.A.C. Capital
Advisors LLC, 2006 NYLJ LEXIS 754, at *19 [Sup Ct, NY County Jan 3, 2006].)
Here, the designated documents contain sensitive proprietary and business information
that has been designated “confidential” under the Confidentiality Stipulation as well as
confidential communications and testimony regarding the personal health and treatment
information of Defendants. As such, good cause exists for sealing the documents because the
public would have no compelling interest in having access to such information.
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CONCLUSION
For the foregoing reasons, Yasemin respectfully requests that the Court grant Yasemin’s
motion to seal.
Dated: New York, New York Respectfully submitted,
October 31, 2022
PARKER IBRAHIM & BERG LLP
/s/ Scott W. Parker
Sanjay P. Ibrahim, Esq.
Scott W. Parker, Esq.
Daniel A. Schleifstein, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Telephone: (212) 596-7037
E-mail: sanjay.ibrahim@piblaw.com
scott.parker@piblaw.com
daniel.schleifstein@piblaw.com
Please reply to Somerset address:
270 Davidson Avenue, 5th Floor
Somerset, New Jersey 08873
Telephone: (908) 725-9700
-and-
FOLEY HOAG LLP
/s/ Stephen P. Younger
Stephen P. Younger
1301 Avenue of the Americas, 25th Floor
New York, New York 10019
Telephone: (212) 812-0365
Email: spyounger@foleyhoag.com
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CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17
I hereby certify that the foregoing Memorandum 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 is within the word limit of 7,000.
Dated: October 31, 2022
New York, New York
/s/ Scott W. Parker
Scott W. Parker, Esq.
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Preview
FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY 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 Commercial Division Part 3 Defendants, Hon. Joel M. Cohen Plaintiff, Motion Seq. No. 36 -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. 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 of 8 FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF’S MOTION TO SEAL CERTAIN DOCUMENTS TO PLAINTIFF’S REPLY IN FURTHER SUPPORT OF HER ORDER TO SHOW CAUSE TO COMPEL COMPLIANCE WITH DISCOVERY ORDER AND APPOINT A SPECIAL DISCOVERY MASTER Stephen P. Younger Sanjay P. Ibrahim FOLEY HOAG LLP Scott W. Parker 1301 Avenue of the Americas, 25th Floor Daniel A. Schleifstein New York, NY 10019 PARKER IBRAHIM & BERG LLP (212) 812-0365 5 Penn Plaza, Suite 2371 spyounger@foleyhoag.com New York, New York 10001 Telephone: (212) 596-7037 sanjay.ibrahim@piblaw.com scott.parker@piblaw.com daniel.schleifstein@piblaw.com 2 of 8 FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022 TABLE OF CONTENTS TABLE OF AUTHORITIES .......................................................................................... ii STATEMENT OF FACTS ............................................................................................... 1 ARGUMENT .................................................................................................................... 2 CONCLUSION ................................................................................................................. 3 i 3 of 8 FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022 TABLE OF AUTHORITIES Cases Cohen v S.A.C. Capital Advisors LLC, 2006 NYLJ LEXIS 754 [Sup Ct, NY County Jan 3, 2006].............................................................2 Coopersmith v Gold, 156 Misc 2d 594 [Sup Ct, Rockland County 1992] .......................................................................2 Mancheski v Gabelli Grp. Capital Partners, 39 AD3d 499 [2d Dept 2007] ........................................................................................................2 In re Twentieth Century Fox Film Corp., 190 AD2d 483 [1st Dept 1993] …....…....…....…..........................................................................2 Other Authorities 22 NYCRR § 216.1(a)....................................................................................................................2 ii 4 of 8 FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022 Plaintiff Yasemin Tekiner (“Yasemin”), upon the accompanying emergency affirmation of Scott W. Parker (the “Parker Sealing Affirmation”), submits this memorandum in support of her motion to seal certain documents to Yasemin’s Reply in Further Support of her Order to Show Cause to Compel Compliance with Discovery Order and Appoint a Special Discovery Master (the “Special Master OTSC Reply”). STATEMENT OF FACTS On February 23, 2021, this Court entered a Stipulation and Order for the Production and Exchange of Confidential Information (NYSCEF Doc. No. 91) (the “Confidentiality Stipulation”) in the above-captioned case. The Confidentiality Stipulation provides that any Party who seeks to file with the Court any deposition transcripts or other documents which have been previously been designated as comprising or containing confidential information or any pleading, brief or memorandum which reproduces, paraphrases or discloses such confidential information shall submit such document in redacted form until the Court renders a decision on any motion to seal. In connection with Yasemin’s Special Master OTSC Reply, Yasemin seeks to have certain documents filed under seal. Specifically, Exhibit G to the October 24, 2022 Affidavit of Yasemin Tekiner (“Yasemin’s Reply Affidavit”), the October 24, 2022 Affirmation of Scott W. Parker filed in further support of Plaintiff’s Special Master OTSC (“Parker Affirmation”), and Exhibit 3, Exhibit 4, Exhibit 9, Exhibit 10 and Exhibit 11 to the Parker Affirmation, all of which have been designated as “confidential,” or contain information that has been designated as “confidential” as containing sensitive business as well as sensitive personal health information about Defendants. Yasemin now moves to seal those documents in accordance with the Confidentiality Stipulation. 1 5 of 8 FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022 ARGUMENT Pursuant to 22 NYCRR § 216.1(a), a court may “enter an order . . . sealing the court records, whether in whole or in part” upon a “written finding of good cause.” In determining whether there is good cause, the court should “weigh[] the interests of the public against the interests of the parties.” (Mancheski v Gabelli Grp. Capital Partners, 39 AD3d 499, 502 [2d Dept 2007].) In finding good cause to seal documents, the Court “presupposes that public access to the documents at issue will likely result in harm to a compelling interest of the movant…, and that no alternative to sealing can adequately protect the threatened interest.” ( Id., at 502.) Good cause “boils down to . . . the prudent exercise of the court’s discretion.” (Id., at 502 (citing Coopersmith v Gold, 156 Misc 2d 594, 606 [Sup Ct, Rockland County 1992].) “[C]onfidentiality is, in certain circumstances, necessary in order to protect the litigants . . . .” ( In re Twentieth Century Fox Film Corp., 190 AD2d 483, 486 [1st Dept 1993].) “When the balance [of interests] favors confidentiality, confidentiality should be provided.” ( Id., at 486.) Additionally, New York courts have held that “sensitive proprietary and business information” should be sealed where “the parties have an interest in protecting and there is no countervailing public interest that would furthered by their disclosure.” (Cohen v S.A.C. Capital Advisors LLC, 2006 NYLJ LEXIS 754, at *19 [Sup Ct, NY County Jan 3, 2006].) Here, the designated documents contain sensitive proprietary and business information that has been designated “confidential” under the Confidentiality Stipulation as well as confidential communications and testimony regarding the personal health and treatment information of Defendants. As such, good cause exists for sealing the documents because the public would have no compelling interest in having access to such information. 2 6 of 8 FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022 CONCLUSION For the foregoing reasons, Yasemin respectfully requests that the Court grant Yasemin’s motion to seal. Dated: New York, New York Respectfully submitted, October 31, 2022 PARKER IBRAHIM & BERG LLP /s/ Scott W. Parker Sanjay P. Ibrahim, Esq. Scott W. Parker, Esq. Daniel A. Schleifstein, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Telephone: (212) 596-7037 E-mail: sanjay.ibrahim@piblaw.com scott.parker@piblaw.com daniel.schleifstein@piblaw.com Please reply to Somerset address: 270 Davidson Avenue, 5th Floor Somerset, New Jersey 08873 Telephone: (908) 725-9700 -and- FOLEY HOAG LLP /s/ Stephen P. Younger Stephen P. Younger 1301 Avenue of the Americas, 25th Floor New York, New York 10019 Telephone: (212) 812-0365 Email: spyounger@foleyhoag.com 3 7 of 8 FILED: NEW YORK COUNTY CLERK 10/31/2022 01:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 845 RECEIVED NYSCEF: 10/31/2022 CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17 I hereby certify that the foregoing Memorandum 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 is within the word limit of 7,000. Dated: October 31, 2022 New York, New York /s/ Scott W. Parker Scott W. Parker, Esq. 4 8 of 8