Preview
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
Index No.
YASEMIN TEKINER,
Index No. 657193/2020
in her individual
capacity, as a Commercial Division Part 3
beneficiary and a
Trustee of The Yasemin Hon. Joel M. Cohen
Tekiner 2011
Descendants Trust and AMENDED STIPULATION AND ORDER
derivatively as a holder FOR THE PRODUCTION AND
of equitable interests in EXCHANGE OF CONFIDENTIAL
a shareholder or a INFORMATION
member of the
Company Defendants
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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,
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
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ZEYNEP TEKINER,
in her individual
capacity, as a
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Tekiner 2011
Descendants Trust and
derivatively as a holder
of equitable interests in
a shareholder or a
member of the
Company Defendants
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FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
f
,
-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,
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FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
This matter having come before the Court by stipulation of p l a i n t i f f ,
plaintiffs, YASEMIN TEKINER and ZEYNEP TEKINER, and defendant,
defendants, BREMEN HOUSE INC., ET. AL., (individually "“Party"
” and collectively "“Parties"”) for the entry of aan amended protective order pursuant to CPLR
3103(a), limiting the review, copying, dissemination and filing of confidential and/or proprietary
documents and information to be produced by either party and their respective counsel or by any
non-party in the course of discovery in this matter to the extent set forth below; and the parties, by,
between and among their respective counsel, having stipulated and agreed to the terms set forth
herein, and good cause having been shown;
IT IS hereby ORDERED that:
1. This Stipulation is being entered into to facilitate the production, exchange and
discovery of documents and information that the Parties and, as appropriate, non-parties, agree
merit confidential treatment (hereinafter the "“Documents"” or "“Testimony"”).
2. Any Party or, as appropriate, non-party, may designate Documents produced, or
Testimony given, in connection with this action as "“confidential" or "highly confidential —
” or “protected health information – stipulated attorneys’
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
attorney's eyes only"” either by notation on each page of the Document so designated, statement
on the record of the deposition, or written advice to the respective undersigned counsel for the
Parties hereto, or by other appropriate means.
3. 3. As used herein:
(a) "“Confidential Information"” shall mean all Documents and Testimony, and
all information contained therein, and other information designated as confidential, if such
Documents or Testimony contain trade secrets, proprietary business information, competitively
sensitive information or other information the disclosure of which would, in the good faith
judgment of the Party or, as appropriate, non-party designating the material as confidential, be
detrimental to the conduct of that Party's or non-party'sParty’s or non-party’s business or the
business of any of that Party's or non-party'sParty’s or non-party’s customers or clients.
(b) "Highly Confidential — Attorney's Eyes-Only“Protected Health Information"
– Stipulated Attorneys’ Eyes Only Information” shall mean any "Confidential information" that is
of such a private, sensitive, competitive or proprietary nature that present disclosure to persons other
than those identified in paragraph 5.1 below would reasonably be expected to cause irreparable harm
or materially impair the legitimate competitive position or interests of the Producing Partyrelates to
the past, present, or future physical or mental health or condition of an individual; the provision of
health care to an individual or the past, present, or future payment for the provision of health care
to an individual, including demographic data, medical histories, test and laboratory results,
insurance information, and other information used to identify a patient or provide healthcare
services or healthcare coverage. A designation of Confidential information as Attorney's Eyes-
OnlyProtected Health Information – Stipulated Attorneys’ Eyes Only Information constitutes a
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
representation that such Confidential information has been reviewed by an attorney for the Producing
Party and that there is a valid basis for such a designation.
(c) "“Producing Party"” shall mean the parties to this action and any non-parties
producing "“Confidential Information" or "Highly Confidential — Attorney's Eyes-Only” and/or
“Protected Health Information" – Stipulated Attorneys’ Eyes Only Information” in connection with
depositions, document production or otherwise, or the Party or non-party asserting the
confidentiality privilege, as the case may be.
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NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
(d) (d) "“Receiving Party"” shall mean the Parties to this action and/or any
nonpartynon-party receiving "“Confidential Information" or "Highly Confidential — Attorney's
Eyes-Only” and/or “Protected Health Information" – Stipulated Attorneys’ Eyes Only
Information” in connection with depositions, document production, subpoenas or otherwise.
4. 4. The Receiving Party (or, in the case of Protected Health Information –
Stipulated Attorneys’ Eyes Only Information, the Receiving Party’s counsel) may, at any time,
notify the Producing Party that the Receiving Party (or, in the case of Protected Health Information
– Stipulated Attorneys’ Eyes Only Information, the Receiving Party’s counsel) does not concur in
the designation of a document or other material as Confidential Information or "Highly
Confidential - Attorney's Eyes-OnlyProtected Health Information – Stipulated Attorneys’ Eyes
Only Information." If the Producing Party does not agree to declassify such document or material
within seven (7) days of the written request, the Receiving Party may move before the Court for
an order declassifying those documents or materials. If no such motion is filed, such documents or
materials shall continue to be treated as Confidential Information or Highly Confidential —
Attorney's Eyes-Only Information.designated by the Producing Party. If such motion is filed, the
documents or other materials shall be deemed as designated by the Producing Party unless and
until the Court rules otherwise. Notwithstanding anything herein to the contrary, the Producing
Party bears the burden of establishing the propriety of its designation of documents or information
as Confidential Information or Highly Confidential — Attorney's Eyes-OnlyProtected Health
Information – Stipulated Attorneys’ Eyes Only Information.
5. 5.(a) Except with the prior written consent of the Producing Party or by Order of
the Court, Confidential Information shall not be furnished, shown or disclosed to any person or
entity except to:
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
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i. (a) personnel of the Parties actually engaged in assisting in the preparation
of this action for trial or other proceeding herein and who have been advised
of their obligations hereunder;
ii. (b) counsel for the Parties to this action and their
associated attorneys, paralegals and other professional and non-
professional personnel (including support staff and
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
outside copying services) who are directly assisting such counsel in the preparation of this action
for trial or other proceeding herein, are under the supervision or control of such counsel, and who
have been advised by such counsel of their obligations hereunder;
iii. (d) expert witnesses or consultants retained by the Parties or their counsel
to furnish technical or expert services in connection with this action or to
give testimony with respect to the subject matter of this action at the trial of
this action or other proceeding herein; provided, however, that such
Confidential Information is furnished, shown or disclosed in accordance
with paragraph 7 hereof;
iv. (e) the Court and court personnel;
v. (f) an officer before whom a deposition is taken, including stenographic
reporters and any necessary secretarial, clerical or other personnel of such
officer;
vi. (g) trial and deposition witnesses, if furnished, shown or disclosed in
accordance with paragraphs 9 and 10, respectively, hereof; and
vii. (h) any other person agreed to by the Producing Party.
(b) 5.1 Except with the prior written consent of the Producing Party or by
Order of the Court, Highly Confidential - Attorney's Eyes-OnlyProtected Health Information –
Stipulated Attorneys’ Eyes Only Information shall not be furnished, shown or disclosed to any
person or entity except to those identified in paragraph 5(b)-5(g).:
i. counsel for the Parties and their associated attorneys, paralegals and other
professional personnel who are directly assisting such counsel in the
preparation of this action for trial or other proceeding herein, are under the
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
supervision or control of such counsel, and who have been advised by such
counsel of their obligations hereunder;
ii. mental health expert witnesses or consultants retained by the Parties or their
counsel to furnish technical or expert services in connection with this action
or to give testimony with respect to the subject matter of this action at the
trial of this action or other proceeding herein; provided, however, that such
Protected Health Information – Stipulated Attorneys’ Eyes Only
Information is furnished, shown or disclosed in accordance with paragraph
7 hereof;
iii. the Court and court personnel;
iv. trial and deposition witnesses, if furnished, shown or disclosed in
accordance with the terms hereof; and
v. an officer before whom a deposition is taken, including stenographic
reporters and any necessary secretarial, clerical or other personnel of such
officer (in accordance with the terms hereof).
vi. For clarity, absent the prior written consent of the Producing Party, none of
the Parties shall be given access to Protected Health Information –
Stipulated Attorneys’ Eyes Only Information produced by another Party or
a non-party.
6. Confidential Information or "Highly Confidential — Attorney's Eyes-
OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information shall be utilized
by the Receiving Party and its counsel only for purposes of this litigation and for no other purposes.
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
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7. Before any disclosure of Confidential Information or "Highly Confidential
- Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only
Information is made to an expert witness or consultant pursuant to paragraph 5 (c) thereof, counsel
for the Receiving Party making such disclosure shall provide to
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022
the expert witness or consultant a copy of this Stipulation and obtain the expert's or
consultant'sexpert’s or consultant’s written agreement, in the form of Exhibit A attached hereto, to
comply with and be bound by its terms. Counsel for the Receiving Party obtaining the certificate
shall supply a copy to counsel for the other Parties at the time designated for expert disclosure,
except that any certificate signed by an expert or consultant who is not expected to be called as a
witness at trial is not required to be supplied.
8. 8. Unless otherwise designated during the deposition, All depositions shall
presumptively be treated as Confidential Information and subject to this Stipulation during the
deposition and for a period of fifteen (15) days after a transcript of said deposition is received by
counsel for each of the Parties. At or before the end of such fifteen day period, the deposition shall
be classified appropriately.
9. Should the need arise for any Party or, as appropriate, non-party, to disclose
Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health
Information" – Stipulated Attorneys’ Eyes Only Information during any hearing or trial before the
Court, including through argument or the presentation of evidence, such Party or, as appropriate,
non-party may do so only after taking such steps as the Court, upon motion of the Producing Party,
shall deem necessary to preserve the confidentiality of such Confidential Information or "Highly
Confidential — Attorney's Eyes-OnlyProtected Health Information – Stipulated Attorneys’ Eyes
Only Information."
10. (a) Subject to the terms of this paragraph 10, this Stipulation shall not
preclude counsel for any Party from using during any deposition in this action any Documents or
Testimony which has been designated as "“Confidential Information" or "Highly Confidential —
Attorney's Eyes-Only Information"” under the terms hereof. Any deposition witness who is given
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
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access to Confidential Information or "Highly Confidential — Attorney's Eyes-Only Information"
shall, prior thereto, shall be provided with a copy of this Stipulation and shall execute a written
agreement, in the form of Exhibit A
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
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attached hereto, to comply with and be bound by its terms. Counsel for the Party obtaining the
certificate shall supply a copy to counsel for the other Parties and, as appropriate, a non-party that
is a Producing Party. In the event that, upon being presented with a copy of the Stipulation, a
witness refuses to execute the agreement to be bound by this Stipulation, the Court shall, upon
application, enter an order directing the witness'switness’s compliance with the Stipulation.
(b) Subject to the terms of this paragraph 10, this Stipulation shall not preclude counsel
for any Party from using during any deposition in this action any Documents or Testimony which
has been designated as “Protected Health Information – Stipulated Attorneys’ Eyes Only
Information” under the terms hereof. Notwithstanding the foregoing, except with the prior written
consent of the Producing Party or by Order of the Court, no deposition witness other than the witness
about whom the Protected Health Information – Stipulated Attorneys’ Eyes Only Information
relates may be given access to Protected Health Information – Stipulated Attorneys’ Eyes Only
Information.
11. A Party may designate as Confidential Information or "Highly Confidential —
Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only
Information subject to this Stipulation any document, information, or deposition testimony
produced or given by any non-party to this case, or any portion thereof. In the case of Documents,
produced by a non-party, designation shall be made by notifying all counsel in writing of those
documents which are to be stamped and treated as such at any time up to fifteen (15) days after
actual receipt of copies of those documents by counsel for the Party asserting the confidentiality
privilege. In the case of deposition Testimony, designation shall be made by notifying all counsel
in writing of those portions which are to be stamped or otherwise treated as such at any time up to
fifteen (15) days after the transcript is received by counsel for the Party (or, as appropriate, non-
party) asserting the confidentiality. Prior to the expiration of such fifteen (15) day period (or until
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a designation is made by counsel, if such a designation is made in a shorter period of time), all
such Documents and Testimony shall be treated as Confidential Information.
In Counties WITH Electronic Filing
0.
12. (a) A Party or, as appropriate, non-party, who seeks to file with the
Court (i) any deposition transcripts, exhibits, answers to interrogatories, or other documents
which have previously been designated as comprising or containing Confidential Information or
"Highly
Protected Health Information
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Confidential - Attorney's Eyes-Only– Stipulated Attorneys’ Eyes Only Information," or (ii) any
pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential
Information or "Highly Confidential — Attorney's Eyes-OnlyProtected Health Information" –
Stipulated Attorneys’ Eyes Only Information shall file the document, pleading, brief, or
memorandum on the NYSCEF system in redacted form until the Court renders a decision on any
motion to seal (the "“Redacted Filing"”). If the Producing Party fails to move to seal within seven
(7) days of the Redacted Filing, the Party (or, as appropriate, non-party) making the filing shall
take steps to replace the Redacted Filing with its corresponding unredacted version.
(b) In the event that the Party'sParty’s (or, as appropriate, non-party'snon-
party’s) filing includes Confidential Information or "Highly Confidential — Attorney's Eyes-
OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information produced by a
Producing Party that is a non-party, the filing Party shall so notify that Producing Party within
twenty fourtwenty-four (24) hours after the Redacted Filing by providing the Producing Party with
a copy of the Redacted Filing as well as a version of the filing with the relevant Producing
Party'sParty’s Confidential Information or "Highly Confidential — Attorney's Eyes-OnlyProtected
Health Information" unredacted – Stipulated Attorneys’ Eyes Only Information.
(c) If the Producing Party makes a timely motion to seal, and the motion is
granted, the filing Party (or, as appropriate, non-party) shall ensure that all documents (or, if
directed by the court, portions of documents) that are the subject of the order to seal are filed in
accordance with the procedures that govern the filing of sealed documents on the NYSCEF system.
If the Producing Party'sParty’s timely motion to seal is denied, then the Party (or, as appropriate,
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020
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non-party) making the filing shall take steps to replace the Redacted Filing with its corresponding
unredacted version.
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(d) () Any Party filing a Redacted Filing in accordance with the procedure set
forth in this paragraph 12 shall, contemporaneously with or prior to making the Redacted Filing,
provide the other Parties and the Court with a complete and unredacted version of the filing.
(e) (a) All pleadings, briefs or memoranda which reproduce, paraphrase or
disclose any materials which have previously been designated by a party as comprising or
containing Confidential Information or "Highly Confidential — Attorney's Eyes-OnlyProtected
Health Information" – Stipulated Attorneys’ Eyes Only Information shall identify such documents
by the production number ascribed to them at the time of production.
13. InOmitted; applies to counties without electronic filing only.
13. (a) A Party or, as appropriate, non-party, who seeks to file with the
Court any deposition transcripts, exhibits, answers to interrogatories, and other documents
which have previously been designated as comprising or containing Confidential Information or
"Highly Confidential - Attorney's Eyes-Only Information," or any pleading, brief or
memorandum which reproduces, paraphrases or discloses Confidential Information or "Highly
Confidential — Attorney's Eyes-Only Information," shall (i) serve upon the other Parties (and,
as appropriate, non-parties) a Redacted Filing and a complete and unredacted version of the
filing; (ii) file a Redacted Filing with the court; and (iii) transmit the Redacted Filing and a
complete unredacted version of the filing to chambers. Within seven (7) days thereafter, the
Producing Party may file a motion to seal such Confidential Information or "Highly Confidential
— Attorney's Eyes-Only Information."
(b) If the Producing Party does not file a motion to seal within the
aforementioned seven (7) day period, the Party (or, as appropriate. non-party) that seeks to file
the Confidential Information or "Highly Confidential — Attorney's Eyes-Only Information"
shall take steps to file an unredacted version of the material.
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(c) In the event the motion to seal is granted, all (or, if directed by the court,
portions of) deposition transcripts, exhibits, answers to interrogatories, and other documents
which have previously been designated by a Party (or, as appropriate, non-party) as comprising
or containing Confidential Information or "Highly Confidential — Attorney's Eyes Only
Information," and any pleading, brief or memorandum which reproduces, paraphrases or
discloses such material, shall be filed in sealed envelopes or other appropriate sealed container
on which shall be endorsed the caption of this litigation, the words "CONFIDENTIAL
MATERIAL-SUBJECT TO STIPULATION AND ORDER FOR THE PRODUCTION AND
EXCHANGE OF CONFIDENTIAL INFORMATION" or "HIGHLY CONFIDENTIAL
MATERIAL - ATTORNEY'S EYES-ONLY - SUBJECT TO STIPUALTION AND ORDER
FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION," as
well as an indication of the nature of the contents and a statement in substantially the following
form:
"This envelope, containing documents which are filed in this case by (name of Party
or as appropriate, non-party), is not to be opened nor are the contents thereof to be
displayed or revealed other than to the Court, the parties and their counsel of record,
except by order of the Court or consent of the parties. Violation hereof may be
regarded as contempt of the Court."
In the event the motion to seal is denied, then the Party (or, as appropriate, non-party) making the
filing shall take steps to replace the Redacted Filing with its corresponding unredacted version.
(d) In the event that the Party's (or, as appropriate, non-party's) filing includes
Confidential Information or "Highly Confidential — Attorney's Eyes-Only Information" produced
by a Producing Party that is non-party, the Party (or, as appropriate, non-party) making the filing
shall so notify the Producing Party within twenty four (24) hours after the Redacted Filing by
providing the Producing Party with a copy of the Redacted Filing as well as a version
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of the filing with the relevant non-party's Confidential Information or "Highly Confidential -
Attorney's Eyes-Only Information" unredacted.
(e) All pleadings, briefs or memoranda which reproduce, paraphrase or
disclose any documents which have previously been designated by a party as comprising or
containing Confidential Information or "Highly Confidential - Attorney's Eyes-Only
Information" shall identify such documents by the production number ascribed to them at the
time of production.
14. Any person receiving Confidential Information or "Highly Confidential —
Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only
Information shall not reveal or discuss such information to or with any person not entitled to receive
such information under the terms hereof and shall use reasonable measures to store and maintain
the Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health
Information" – Stipulated Attorneys’ Eyes Only Information so as to prevent unauthorized
disclosure.
15. Any document or information that may contain Confidential Information or "Highly
Confidential - Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes
Only Information that has been inadvertently produced without identification as to its
"“confidential"” nature as provided in paragraphs 2 and/or 11 of this Stipulation, may be so
designated by the party asserting the confidentiality privilege by written notice to the undersigned
counsel for the Receiving Party identifying the document or information as "“confidential"” within
a reasonable time following the discovery that the document or information has been produced
without such designation.
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16. Extracts and summaries of Confidential Information or "Highly Confidential -
Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only
Information shall also be treated with the same level of confidentiality as the designated
information from which it was derived.
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17. The production or disclosure of Confidential Information or "Highly Confidential -
Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only
Information shall in no way constitute a waiver of each Producing Party'sParty’s right to object to
the production or disclosure of other information in this action or in any other action. Nothing in
this Stipulation shall operate as an admission by any Party or non-party that any particular
document or information is, or is not, confidential or "highly confidential attorney's-eyes only.".
Failure to challenge a Confidential Information or "Highly Confidential — Attorney's Eyes-
OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information
Preview
FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x Index No. YASEMIN TEKINER, Index No. 657193/2020 in her individual capacity, as a Commercial Division Part 3 beneficiary and a Trustee of The Yasemin Hon. Joel M. Cohen Tekiner 2011 Descendants Trust and AMENDED STIPULATION AND ORDER derivatively as a holder FOR THE PRODUCTION AND of equitable interests in EXCHANGE OF CONFIDENTIAL a shareholder or a INFORMATION member of the Company Defendants P l a i n t i - against — f f , -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, FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 D e f e n d a n t s . 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 I n t e r v e n o r - P l a i n t i f FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 f , -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, D e f e n d a n t D e f e n d a n t s . x FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 This matter having come before the Court by stipulation of p l a i n t i f f , plaintiffs, YASEMIN TEKINER and ZEYNEP TEKINER, and defendant, defendants, BREMEN HOUSE INC., ET. AL., (individually "“Party" ” and collectively "“Parties"”) for the entry of aan amended protective order pursuant to CPLR 3103(a), limiting the review, copying, dissemination and filing of confidential and/or proprietary documents and information to be produced by either party and their respective counsel or by any non-party in the course of discovery in this matter to the extent set forth below; and the parties, by, between and among their respective counsel, having stipulated and agreed to the terms set forth herein, and good cause having been shown; IT IS hereby ORDERED that: 1. This Stipulation is being entered into to facilitate the production, exchange and discovery of documents and information that the Parties and, as appropriate, non-parties, agree merit confidential treatment (hereinafter the "“Documents"” or "“Testimony"”). 2. Any Party or, as appropriate, non-party, may designate Documents produced, or Testimony given, in connection with this action as "“confidential" or "highly confidential — ” or “protected health information – stipulated attorneys’ FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 attorney's eyes only"” either by notation on each page of the Document so designated, statement on the record of the deposition, or written advice to the respective undersigned counsel for the Parties hereto, or by other appropriate means. 3. 3. As used herein: (a) "“Confidential Information"” shall mean all Documents and Testimony, and all information contained therein, and other information designated as confidential, if such Documents or Testimony contain trade secrets, proprietary business information, competitively sensitive information or other information the disclosure of which would, in the good faith judgment of the Party or, as appropriate, non-party designating the material as confidential, be detrimental to the conduct of that Party's or non-party'sParty’s or non-party’s business or the business of any of that Party's or non-party'sParty’s or non-party’s customers or clients. (b) "Highly Confidential — Attorney's Eyes-Only“Protected Health Information" – Stipulated Attorneys’ Eyes Only Information” shall mean any "Confidential information" that is of such a private, sensitive, competitive or proprietary nature that present disclosure to persons other than those identified in paragraph 5.1 below would reasonably be expected to cause irreparable harm or materially impair the legitimate competitive position or interests of the Producing Partyrelates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual or the past, present, or future payment for the provision of health care to an individual, including demographic data, medical histories, test and laboratory results, insurance information, and other information used to identify a patient or provide healthcare services or healthcare coverage. A designation of Confidential information as Attorney's Eyes- OnlyProtected Health Information – Stipulated Attorneys’ Eyes Only Information constitutes a FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 representation that such Confidential information has been reviewed by an attorney for the Producing Party and that there is a valid basis for such a designation. (c) "“Producing Party"” shall mean the parties to this action and any non-parties producing "“Confidential Information" or "Highly Confidential — Attorney's Eyes-Only” and/or “Protected Health Information" – Stipulated Attorneys’ Eyes Only Information” in connection with depositions, document production or otherwise, or the Party or non-party asserting the confidentiality privilege, as the case may be. FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 (d) (d) "“Receiving Party"” shall mean the Parties to this action and/or any nonpartynon-party receiving "“Confidential Information" or "Highly Confidential — Attorney's Eyes-Only” and/or “Protected Health Information" – Stipulated Attorneys’ Eyes Only Information” in connection with depositions, document production, subpoenas or otherwise. 4. 4. The Receiving Party (or, in the case of Protected Health Information – Stipulated Attorneys’ Eyes Only Information, the Receiving Party’s counsel) may, at any time, notify the Producing Party that the Receiving Party (or, in the case of Protected Health Information – Stipulated Attorneys’ Eyes Only Information, the Receiving Party’s counsel) does not concur in the designation of a document or other material as Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health Information – Stipulated Attorneys’ Eyes Only Information." If the Producing Party does not agree to declassify such document or material within seven (7) days of the written request, the Receiving Party may move before the Court for an order declassifying those documents or materials. If no such motion is filed, such documents or materials shall continue to be treated as Confidential Information or Highly Confidential — Attorney's Eyes-Only Information.designated by the Producing Party. If such motion is filed, the documents or other materials shall be deemed as designated by the Producing Party unless and until the Court rules otherwise. Notwithstanding anything herein to the contrary, the Producing Party bears the burden of establishing the propriety of its designation of documents or information as Confidential Information or Highly Confidential — Attorney's Eyes-OnlyProtected Health Information – Stipulated Attorneys’ Eyes Only Information. 5. 5.(a) Except with the prior written consent of the Producing Party or by Order of the Court, Confidential Information shall not be furnished, shown or disclosed to any person or entity except to: FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 i. (a) personnel of the Parties actually engaged in assisting in the preparation of this action for trial or other proceeding herein and who have been advised of their obligations hereunder; ii. (b) counsel for the Parties to this action and their associated attorneys, paralegals and other professional and non- professional personnel (including support staff and FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 outside copying services) who are directly assisting such counsel in the preparation of this action for trial or other proceeding herein, are under the supervision or control of such counsel, and who have been advised by such counsel of their obligations hereunder; iii. (d) expert witnesses or consultants retained by the Parties or their counsel to furnish technical or expert services in connection with this action or to give testimony with respect to the subject matter of this action at the trial of this action or other proceeding herein; provided, however, that such Confidential Information is furnished, shown or disclosed in accordance with paragraph 7 hereof; iv. (e) the Court and court personnel; v. (f) an officer before whom a deposition is taken, including stenographic reporters and any necessary secretarial, clerical or other personnel of such officer; vi. (g) trial and deposition witnesses, if furnished, shown or disclosed in accordance with paragraphs 9 and 10, respectively, hereof; and vii. (h) any other person agreed to by the Producing Party. (b) 5.1 Except with the prior written consent of the Producing Party or by Order of the Court, Highly Confidential - Attorney's Eyes-OnlyProtected Health Information – Stipulated Attorneys’ Eyes Only Information shall not be furnished, shown or disclosed to any person or entity except to those identified in paragraph 5(b)-5(g).: i. counsel for the Parties and their associated attorneys, paralegals and other professional personnel who are directly assisting such counsel in the preparation of this action for trial or other proceeding herein, are under the FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 supervision or control of such counsel, and who have been advised by such counsel of their obligations hereunder; ii. mental health expert witnesses or consultants retained by the Parties or their counsel to furnish technical or expert services in connection with this action or to give testimony with respect to the subject matter of this action at the trial of this action or other proceeding herein; provided, however, that such Protected Health Information – Stipulated Attorneys’ Eyes Only Information is furnished, shown or disclosed in accordance with paragraph 7 hereof; iii. the Court and court personnel; iv. trial and deposition witnesses, if furnished, shown or disclosed in accordance with the terms hereof; and v. an officer before whom a deposition is taken, including stenographic reporters and any necessary secretarial, clerical or other personnel of such officer (in accordance with the terms hereof). vi. For clarity, absent the prior written consent of the Producing Party, none of the Parties shall be given access to Protected Health Information – Stipulated Attorneys’ Eyes Only Information produced by another Party or a non-party. 6. Confidential Information or "Highly Confidential — Attorney's Eyes- OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information shall be utilized by the Receiving Party and its counsel only for purposes of this litigation and for no other purposes. FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 7. Before any disclosure of Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information is made to an expert witness or consultant pursuant to paragraph 5 (c) thereof, counsel for the Receiving Party making such disclosure shall provide to FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 the expert witness or consultant a copy of this Stipulation and obtain the expert's or consultant'sexpert’s or consultant’s written agreement, in the form of Exhibit A attached hereto, to comply with and be bound by its terms. Counsel for the Receiving Party obtaining the certificate shall supply a copy to counsel for the other Parties at the time designated for expert disclosure, except that any certificate signed by an expert or consultant who is not expected to be called as a witness at trial is not required to be supplied. 8. 8. Unless otherwise designated during the deposition, All depositions shall presumptively be treated as Confidential Information and subject to this Stipulation during the deposition and for a period of fifteen (15) days after a transcript of said deposition is received by counsel for each of the Parties. At or before the end of such fifteen day period, the deposition shall be classified appropriately. 9. Should the need arise for any Party or, as appropriate, non-party, to disclose Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information during any hearing or trial before the Court, including through argument or the presentation of evidence, such Party or, as appropriate, non-party may do so only after taking such steps as the Court, upon motion of the Producing Party, shall deem necessary to preserve the confidentiality of such Confidential Information or "Highly Confidential — Attorney's Eyes-OnlyProtected Health Information – Stipulated Attorneys’ Eyes Only Information." 10. (a) Subject to the terms of this paragraph 10, this Stipulation shall not preclude counsel for any Party from using during any deposition in this action any Documents or Testimony which has been designated as "“Confidential Information" or "Highly Confidential — Attorney's Eyes-Only Information"” under the terms hereof. Any deposition witness who is given FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 access to Confidential Information or "Highly Confidential — Attorney's Eyes-Only Information" shall, prior thereto, shall be provided with a copy of this Stipulation and shall execute a written agreement, in the form of Exhibit A FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 attached hereto, to comply with and be bound by its terms. Counsel for the Party obtaining the certificate shall supply a copy to counsel for the other Parties and, as appropriate, a non-party that is a Producing Party. In the event that, upon being presented with a copy of the Stipulation, a witness refuses to execute the agreement to be bound by this Stipulation, the Court shall, upon application, enter an order directing the witness'switness’s compliance with the Stipulation. (b) Subject to the terms of this paragraph 10, this Stipulation shall not preclude counsel for any Party from using during any deposition in this action any Documents or Testimony which has been designated as “Protected Health Information – Stipulated Attorneys’ Eyes Only Information” under the terms hereof. Notwithstanding the foregoing, except with the prior written consent of the Producing Party or by Order of the Court, no deposition witness other than the witness about whom the Protected Health Information – Stipulated Attorneys’ Eyes Only Information relates may be given access to Protected Health Information – Stipulated Attorneys’ Eyes Only Information. 11. A Party may designate as Confidential Information or "Highly Confidential — Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information subject to this Stipulation any document, information, or deposition testimony produced or given by any non-party to this case, or any portion thereof. In the case of Documents, produced by a non-party, designation shall be made by notifying all counsel in writing of those documents which are to be stamped and treated as such at any time up to fifteen (15) days after actual receipt of copies of those documents by counsel for the Party asserting the confidentiality privilege. In the case of deposition Testimony, designation shall be made by notifying all counsel in writing of those portions which are to be stamped or otherwise treated as such at any time up to fifteen (15) days after the transcript is received by counsel for the Party (or, as appropriate, non- party) asserting the confidentiality. Prior to the expiration of such fifteen (15) day period (or until FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 a designation is made by counsel, if such a designation is made in a shorter period of time), all such Documents and Testimony shall be treated as Confidential Information. In Counties WITH Electronic Filing 0. 12. (a) A Party or, as appropriate, non-party, who seeks to file with the Court (i) any deposition transcripts, exhibits, answers to interrogatories, or other documents which have previously been designated as comprising or containing Confidential Information or "Highly Protected Health Information FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 Confidential - Attorney's Eyes-Only– Stipulated Attorneys’ Eyes Only Information," or (ii) any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information or "Highly Confidential — Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information shall file the document, pleading, brief, or memorandum on the NYSCEF system in redacted form until the Court renders a decision on any motion to seal (the "“Redacted Filing"”). If the Producing Party fails to move to seal within seven (7) days of the Redacted Filing, the Party (or, as appropriate, non-party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version. (b) In the event that the Party'sParty’s (or, as appropriate, non-party'snon- party’s) filing includes Confidential Information or "Highly Confidential — Attorney's Eyes- OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information produced by a Producing Party that is a non-party, the filing Party shall so notify that Producing Party within twenty fourtwenty-four (24) hours after the Redacted Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version of the filing with the relevant Producing Party'sParty’s Confidential Information or "Highly Confidential — Attorney's Eyes-OnlyProtected Health Information" unredacted – Stipulated Attorneys’ Eyes Only Information. (c) If the Producing Party makes a timely motion to seal, and the motion is granted, the filing Party (or, as appropriate, non-party) shall ensure that all documents (or, if directed by the court, portions of documents) that are the subject of the order to seal are filed in accordance with the procedures that govern the filing of sealed documents on the NYSCEF system. If the Producing Party'sParty’s timely motion to seal is denied, then the Party (or, as appropriate, FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 non-party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version. FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 (d) () Any Party filing a Redacted Filing in accordance with the procedure set forth in this paragraph 12 shall, contemporaneously with or prior to making the Redacted Filing, provide the other Parties and the Court with a complete and unredacted version of the filing. (e) (a) All pleadings, briefs or memoranda which reproduce, paraphrase or disclose any materials which have previously been designated by a party as comprising or containing Confidential Information or "Highly Confidential — Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information shall identify such documents by the production number ascribed to them at the time of production. 13. InOmitted; applies to counties without electronic filing only. 13. (a) A Party or, as appropriate, non-party, who seeks to file with the Court any deposition transcripts, exhibits, answers to interrogatories, and other documents which have previously been designated as comprising or containing Confidential Information or "Highly Confidential - Attorney's Eyes-Only Information," or any pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential Information or "Highly Confidential — Attorney's Eyes-Only Information," shall (i) serve upon the other Parties (and, as appropriate, non-parties) a Redacted Filing and a complete and unredacted version of the filing; (ii) file a Redacted Filing with the court; and (iii) transmit the Redacted Filing and a complete unredacted version of the filing to chambers. Within seven (7) days thereafter, the Producing Party may file a motion to seal such Confidential Information or "Highly Confidential — Attorney's Eyes-Only Information." (b) If the Producing Party does not file a motion to seal within the aforementioned seven (7) day period, the Party (or, as appropriate. non-party) that seeks to file the Confidential Information or "Highly Confidential — Attorney's Eyes-Only Information" shall take steps to file an unredacted version of the material. FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 (c) In the event the motion to seal is granted, all (or, if directed by the court, portions of) deposition transcripts, exhibits, answers to interrogatories, and other documents which have previously been designated by a Party (or, as appropriate, non-party) as comprising or containing Confidential Information or "Highly Confidential — Attorney's Eyes Only Information," and any pleading, brief or memorandum which reproduces, paraphrases or discloses such material, shall be filed in sealed envelopes or other appropriate sealed container on which shall be endorsed the caption of this litigation, the words "CONFIDENTIAL MATERIAL-SUBJECT TO STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION" or "HIGHLY CONFIDENTIAL MATERIAL - ATTORNEY'S EYES-ONLY - SUBJECT TO STIPUALTION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION," as well as an indication of the nature of the contents and a statement in substantially the following form: "This envelope, containing documents which are filed in this case by (name of Party or as appropriate, non-party), is not to be opened nor are the contents thereof to be displayed or revealed other than to the Court, the parties and their counsel of record, except by order of the Court or consent of the parties. Violation hereof may be regarded as contempt of the Court." In the event the motion to seal is denied, then the Party (or, as appropriate, non-party) making the filing shall take steps to replace the Redacted Filing with its corresponding unredacted version. (d) In the event that the Party's (or, as appropriate, non-party's) filing includes Confidential Information or "Highly Confidential — Attorney's Eyes-Only Information" produced by a Producing Party that is non-party, the Party (or, as appropriate, non-party) making the filing shall so notify the Producing Party within twenty four (24) hours after the Redacted Filing by providing the Producing Party with a copy of the Redacted Filing as well as a version FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 of the filing with the relevant non-party's Confidential Information or "Highly Confidential - Attorney's Eyes-Only Information" unredacted. (e) All pleadings, briefs or memoranda which reproduce, paraphrase or disclose any documents which have previously been designated by a party as comprising or containing Confidential Information or "Highly Confidential - Attorney's Eyes-Only Information" shall identify such documents by the production number ascribed to them at the time of production. 14. Any person receiving Confidential Information or "Highly Confidential — Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information shall not reveal or discuss such information to or with any person not entitled to receive such information under the terms hereof and shall use reasonable measures to store and maintain the Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information so as to prevent unauthorized disclosure. 15. Any document or information that may contain Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information that has been inadvertently produced without identification as to its "“confidential"” nature as provided in paragraphs 2 and/or 11 of this Stipulation, may be so designated by the party asserting the confidentiality privilege by written notice to the undersigned counsel for the Receiving Party identifying the document or information as "“confidential"” within a reasonable time following the discovery that the document or information has been produced without such designation. FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 16. Extracts and summaries of Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information shall also be treated with the same level of confidentiality as the designated information from which it was derived. FILED: NEW YORK COUNTY CLERK 11/10/2022 12:36 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 854 RECEIVED NYSCEF: 11/10/2022 17. The production or disclosure of Confidential Information or "Highly Confidential - Attorney's Eyes-OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information shall in no way constitute a waiver of each Producing Party'sParty’s right to object to the production or disclosure of other information in this action or in any other action. Nothing in this Stipulation shall operate as an admission by any Party or non-party that any particular document or information is, or is not, confidential or "highly confidential attorney's-eyes only.". Failure to challenge a Confidential Information or "Highly Confidential — Attorney's Eyes- OnlyProtected Health Information" – Stipulated Attorneys’ Eyes Only Information