Preview
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 910 RECEIVED NYSCEF: 12/14/2022
EXHIBIT G
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 910 RECEIVED NYSCEF: 12/14/2022
Meghan E. Hill
Direct Tel: 212-326-0808
Direct Fax: 212-326-0806
MHill@PRYORCASHMAN.com
November 15, 2022
VIA NYSCEF
Hon. Joel M. Cohen, J.S.C.
Supreme Court of the State of New York
Commercial Division
60 Centre Street
Courtroom 208
New York, New York 10007
Re: Tekiner v. Bremen House Inc. et al., Index No. 657193/2020
Dear Justice Cohen:
We represent Defendants Bremen House, Inc., German News Company, Inc., Berrin
Tekiner, Gonca Tekiner, and Billur Akipek (“Defendants”) in the above-referenced matter. The
parties have consulted with one another, through numerous correspondence, in a good faith but
unsuccessful effort to resolve the following disputes. Accordingly, pursuant to Commercial
Division Rule 14 and Section VI.B of the Part 3 Individual Practices and Procedures, we write to
request a conference. As detailed below, Defendants respectfully request that the Court (1) order
Plaintiff Yasemin Tekiner (“Yasemin”) to produce non-privileged documents she continues to
wrongfully withhold in violation of the Court’s order resolving Motion Sequence 023 (Dkt. 684,
the “August 17 Order”); (2) order Yasemin and co-plaintiff Zeynep Tekiner (“Zeynep” and,
together with Yasemin, “Plaintiffs”) to produce all text messages exchanged between each other
during the depositions of Gonca Tekiner Chelsea, Yasemin Tekiner, and Berrin Tekiner,
completed on October 12, 13 and 14, 2022, respectively.
A. In Violation of this Court’s August 17 Order, Yasemin Continues to
Withhold Responsive Documents Annexed to Emails With Lisa Rubin
In the August 17 Order, the Court held that documents or communication with or including
Lisa Rubin cannot be withheld on the basis of attorney-client privilege. Hr’g Tr. August 15, 2022
(Dkt. 685), 61:16-19 (“[T]here are lots of cases out there where people share privileged documents
with friends and family members, and it’s simply a waiver. So the motion to compel is granted.”)
On September 20, 2022, Yasemin produced 105 previously-withheld documents that
included Ms. Rubin. However, Yasemin continues to withhold—and, despite repeated inquiry
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 910 RECEIVED NYSCEF: 12/14/2022
Hon. Joel M. Cohen, J.S.C.
November 15, 2022
Page 2
from Defendants, refuses to produce—twenty-seven documents1 attached to emails transmitted to
Ms. Rubin. Yasemin’s sole justification for this failure is her claim that because Defendants did
not specifically itemize these attachments by privilege log number in their motion to compel,
Defendants “have no right to demand them now.”
This disingenuous argument should be rejected. These twenty-seven documents are
indisputably responsive to Defendants’ document requests, are not shielded from production on
the basis of any privilege, and therefore must be produced. It is entirely irrelevant whether or not
Defendants specifically identified these documents by privilege log number in their motion papers.
By Yasemin’s logic, a party would have no obligation to produce any document that was not
specifically the subject of a motion to compel. Yasemin’s attempt to flout her discovery
obligations should not be countenanced.
B. Personal Communications Exchanged Between Yasemin and Zeynep
Regarding this Action are Not Privileged and Must Be Produced
During the depositions of Yasemin and Zeynep, Defendants’ counsel demanded the
production of all text messages exchanged between Yasemin Tekiner and Zeynep Tekiner during
the depositions of Gonca Tekiner Chelsea, Berrin Tekiner, and Yasemin Tekiner (the
“Depositions”). Plaintiffs first objected to such disclosure on the basis that the messages are
“attorney work product,” before pivoting to the rationale that the messages are protected by a
purported “joint interest agreement” in place between Plaintiffs. Both of these arguments are
without merit.
Initially, it is fundamental that the work product privilege “applies only to documents
prepared by counsel acting as such.” Brooklyn Union Gas Co. v. Am. Home Assur. Co., 23 A.D.3d
190, 190 (1st Dep’t 2005). The demanded text messages were “prepared” by Yasemin and Zeynep,
not by counsel, and thus no work product privilege can or does apply to those communications.
There is also no legitimacy to Plaintiffs’ position that the text messages are protected from
disclosure pursuant to a joint interest agreement. Before a communication may be protected from
discovery under the common (or “joint”) interest rule, the communication must satisfy the
requirements of the attorney-client privilege. See San Diego Gas & Elec. Co. v. Morgan Stanley
Senior Funding, Inc., 136 A.D.3d 547, 548 (2016) (“The common interest privilege . . . requires
that the communication otherwise qualify for protection under the attorney-client privilege and
that itbe made for the purpose of furthering a legal interest or strategy common to the parties
asserting it.”); In re Out-of-State subpoenas issued by New York Couns. for State of California
Franchise Tax Bd., 33 Misc. 3d 500, 516 (Sup. Ct. 2011) (common interest rule applies to
1
According to Plaintiff’s privilege log, “attorney-client privilege” is the sole basis for withholding these documents,
all of which are attachments to emails that the Court has ruled are not privileged. A complete list is annexed as
Schedule A.
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 910 RECEIVED NYSCEF: 12/14/2022
Hon. Joel M. Cohen, J.S.C.
November 15, 2022
Page 3
“communications between counsel and parties with respect to legal advice . . . It does not protect
. . . personal communications.”) (emphasis added).
The text messages exchanged between Plaintiffs plainly do not satisfy those requirements.
Yasemin and Zeynep have testified that they communicated with each other during the
Depositions, including commentary regarding “how much [Gonca was] lying.” Any asserted
common interest cannot protect these “personal communications” exchanged by Plaintiffs during
the Depositions, and Defendants are entitled to their immediate disclosure.2
Defendants reserve all rights and remedies, none of which are hereby waived.
Very truly yours,
Meghan E. Hill
cc: Counsel of Record (via NYSCEF)
2
Even if the Court does not order thatthese text messages should not be produced immediately, Defendants
respectfully request an order directing Plaintiffs to provide (i) a privilege log identifying the date, time, sender and
recipient of each text message communication that Plaintiffs are withholding based on these erroneous privilege
claims, and (ii) the allegedly applicable joint interest agreement.
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 910 RECEIVED NYSCEF: 12/14/2022
SCHEDULE A – COMPLETE LIST OF ALL WRONGFULLY WITHHELD
DOCUMENTS
Document ID Description Privilege
1 REV00065375 Draft document attached to a privileged communication Atty/Client
reflecting legal advice regarding books and records request
2 REV00066317 Document attached to privileged communication providing Atty/Client
or requesting information for purposes of providing legal
advice concerning Company finances and management
3 REV00066471 Document attached to a privileged communication providing Atty/Client
information for purposes of providing legal advice
concerning Company finances and management
4 REV00066472 Document attached to a privileged communication providing Atty/Client
information for purposes of providing legal advice
concerning Company finances and management
5 REV00066473 Document attached to a privileged communication providing Atty/Client
information for purposes of providing legal advice
concerning Company finances and management
6 REV00066474 Document attached to a privileged communication providing Atty/Client
information for purposes of providing legal advice
concerning Company finances and management
7 REV00066584 Document attached to a privileged communication providing Atty/Client
information for pd
8 REV00066948 Document attached to a privileged communication providing Atty/Client
information for purposes of providing legal advice
concerning Company finances and management
9 REV00066949 Document attached to a privileged communication providing Atty/Client
information for purposes of providing legal advice
concerning Company finances and management
10 REV00066950 Document attached to a privileged communication providing Atty/Client
information for purposes of providing legal advice
concerning Company finances and management
11 REV00073791 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning trusts
12 REV00073792 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning trusts
13 REV00073793 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning trusts
14 REV00073794 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning trusts
15 REV00073795 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning trusts
16 REV00073796 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning trusts
17 REV00208102 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 910 RECEIVED NYSCEF: 12/14/2022
SCHEDULE A – COMPLETE LIST OF ALL WRONGFULLY WITHHELD
DOCUMENTS
Document ID Description Privilege
18 REV00208103 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
19 REV00208104 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
20 REV00208105 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
21 REV00208106 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
22 REV00208107 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
23 REV00208108 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
24 REV00208109 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
25 REV00208110 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
26 REV00208111 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management
27 REV00208112 Document provided at request of counsel for purposes of Atty/Client
providing legal advice concerning Company finances and
management