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FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 914 RECEIVED NYSCEF: 12/14/2022
EXHIBIT K
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 914 RECEIVED NYSCEF: 12/14/2022
Meghan E. Hill
Direct Tel: 212-326-0808
Direct Fax: 212-326-0806
MHill@PRYORCASHMAN.com
December 12, 2022
VIA EMAIL
Scott W. Parker, Esq. Michele Kahn, Esq.
Parker Ibrahim & Berg LLP Kahn & Goldberg, LLP
5 Penn Plaza, Suite 2371 555 Fifth Avenue, 14th Floor
New York, New York 10001 New York, NY 10017
Re: Tekiner v. Bremen House Inc. et al., Index No. 657193/2020
Dear Scott and Michele:
We write regarding our outstanding demands for the production of text messages
exchanged between Yasemin Tekiner (“Yasemin”) and Zeynep Tekiner (“Zeynep”) during the
depositions of Gonca Chelsea, Yasemin Tekiner, and Berrin Tekiner (the “Text Messages”). This
will be Defendants’ last correspondence regarding this issue before filing a motion with the Court.
Defendants’ demand for the Text Messages has been pending for two months. The
chronology of events is as follows:
1. On October 13, 2022, Yasemin testified during her deposition that she and Zeynep
exchanged text messages during the deposition of Gonca Chelsea on October 12, 2022. She
testified that they talked about “how much [Gonca was] lying,” among other things. Defendants’
counsel demanded the production of these communications during Yasemin’s deposition. See
Exhibit A.
2. On October 14, 2022, Defendants’ counsel emailed Scott seeking production of the
text messages demanded during Yasemin’s deposition on or before October 19, 2022. Scott
responded on October 16, 2022, asserting that the Text Messages were “protected by attorney work
product.” See Exhibit B.
3. On October 17, 2022, Zeynep confirmed during her deposition that she and
Yasemin exchanged text messages during the deposition of Gonca Chelsea. She also testified that
Plaintiffs may have communicated during Yasemin’s deposition and the deposition of Berrin
Tekiner, which took place on October 14, 2022. Zeynep said she was “99.9 percent sure” that she
and Yasemin did not exchange text messages during Berrin’s deposition. 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.
See Exhibit C.
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 914 RECEIVED NYSCEF: 12/14/2022
Scott W. Parker, Esq. and Michele Kahn, Esq.
December 12, 2022
Page 2
4. On October 24, 2022, Defendants’ counsel wrote you both, reiterating Defendants’
demand for the Text Messages and, to the extent Plaintiffs continued to withhold the Text
Messages, demanding immediate production of a privilege log corresponding to the Text
Messages. Plaintiffs never responded. See Exhibit D.
5. On November 2, 2022, Defendants’ counsel sent a letter to Michele regarding
several outstanding discovery issues, including reminding her that Defendants had received no
response to their letter of October 24, 2022 concerning the Text Messages. See Exhibit E.
6. On November 2, 2022, Michele responded, stating that “to the extent [the Text
Messages] exist, texts between co-plaintiffs are protected by the joint interest agreement.”
Michele’s letter did not address Defendants’ demand for a privilege log. See Exhibit F.
7. On November 15, 2022, Defendants served a Rule 14 letter regarding, inter alia,
Defendants’ demand for the production of the Text Messages by both Plaintiffs. This letter also
demanded production of a privilege log if Plaintiffs continued to withhold the Text Messages. See
Exhibit G.
8. On November 21, 2022, Scott transmitted Yasemin’s response to Defendants’ Rule
14 letter, in which Yasemin abandoned her former position that texts with her sister could be
protected as attorney work-product, instead asserting that the text messages were protected by the
“attorney-client [communication] common interest privilege.” This letter did not address
Defendants’ demand for a privilege log. See Exhibit H.
9. Zeynep failed to respond to Defendants’ Rule 14 letter or otherwise to oppose
Defendants’ application.
10. On December 5, 2022, the Court held a Rule 14 conference regarding, among other
issues, Defendants’ demand for production of the Text Messages. The Court’s Law Clerk, Ms.
Klinger, stated that before a communication may be shielded from disclosure under the common
interest rule, the communication must satisfy the requirements of the attorney-client privilege. She
further stated that Plaintiffs should produce any text messages between Yasemin and Zeynep that
are not privileged, and, to the extent that Plaintiffs assert a privilege over any of the text messages,
they must produce a privilege log and disclose the allegedly applicable common interest
agreement. Defendants’ counsel sent an email summarizing Ms. Klinger’s guidance on December
6, 2022. See Exhibit I.
11. On December 5, following the conference, Defendants’ counsel emailed Plaintiffs’
counsel requesting, inter alia, that Plaintiffs advise whether Plaintiffs will produce the Text
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 914 RECEIVED NYSCEF: 12/14/2022
Scott W. Parker, Esq. and Michele Kahn, Esq.
December 12, 2022
Page 3
Messages (or, alternatively, a privilege log and the allegedly applicable common interest
agreement), each as referenced in Defendants’ November 15, 2022 Rule 14 letter. Defendants’
counsel further requested, if Plaintiffs agreed to produce, that they include in their response when
the production will be completed. See Exhibit J.
12. On December 7, 2022, Yasemin’s counsel Joanna McDonough responded, agreeing
to produce certain documents addressed during the December 5 conference, but failing to address
Defendants’ request concerning the Text Messages. (See id.) Defendants’ counsel responded,
again inquiring whether Plaintiffs would produce the Text Messages. (Id.) Plaintiffs did not
respond.
13. To date, Defendants have received no production of text messages, no privilege
log, nor any guidance on Plaintiffs’ willingness to do so.
Pursuant to the Court’s direction, we ask that you produce the Text Messages or a privilege
log that complies with the CPLR. If we do not receive a production or a log by 12:00pm ET
tomorrow, Defendants will move to compel the production of the Text Messages without further
notice.
Very truly yours,
Meghan E. Hill
cc: Counsel of Record (via email)
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FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 914 RECEIVED NYSCEF: 12/14/2022 EXHIBIT K FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 914 RECEIVED NYSCEF: 12/14/2022 Meghan E. Hill Direct Tel: 212-326-0808 Direct Fax: 212-326-0806 MHill@PRYORCASHMAN.com December 12, 2022 VIA EMAIL Scott W. Parker, Esq. Michele Kahn, Esq. Parker Ibrahim & Berg LLP Kahn & Goldberg, LLP 5 Penn Plaza, Suite 2371 555 Fifth Avenue, 14th Floor New York, New York 10001 New York, NY 10017 Re: Tekiner v. Bremen House Inc. et al., Index No. 657193/2020 Dear Scott and Michele: We write regarding our outstanding demands for the production of text messages exchanged between Yasemin Tekiner (“Yasemin”) and Zeynep Tekiner (“Zeynep”) during the depositions of Gonca Chelsea, Yasemin Tekiner, and Berrin Tekiner (the “Text Messages”). This will be Defendants’ last correspondence regarding this issue before filing a motion with the Court. Defendants’ demand for the Text Messages has been pending for two months. The chronology of events is as follows: 1. On October 13, 2022, Yasemin testified during her deposition that she and Zeynep exchanged text messages during the deposition of Gonca Chelsea on October 12, 2022. She testified that they talked about “how much [Gonca was] lying,” among other things. Defendants’ counsel demanded the production of these communications during Yasemin’s deposition. See Exhibit A. 2. On October 14, 2022, Defendants’ counsel emailed Scott seeking production of the text messages demanded during Yasemin’s deposition on or before October 19, 2022. Scott responded on October 16, 2022, asserting that the Text Messages were “protected by attorney work product.” See Exhibit B. 3. On October 17, 2022, Zeynep confirmed during her deposition that she and Yasemin exchanged text messages during the deposition of Gonca Chelsea. She also testified that Plaintiffs may have communicated during Yasemin’s deposition and the deposition of Berrin Tekiner, which took place on October 14, 2022. Zeynep said she was “99.9 percent sure” that she and Yasemin did not exchange text messages during Berrin’s deposition. 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. See Exhibit C. FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 914 RECEIVED NYSCEF: 12/14/2022 Scott W. Parker, Esq. and Michele Kahn, Esq. December 12, 2022 Page 2 4. On October 24, 2022, Defendants’ counsel wrote you both, reiterating Defendants’ demand for the Text Messages and, to the extent Plaintiffs continued to withhold the Text Messages, demanding immediate production of a privilege log corresponding to the Text Messages. Plaintiffs never responded. See Exhibit D. 5. On November 2, 2022, Defendants’ counsel sent a letter to Michele regarding several outstanding discovery issues, including reminding her that Defendants had received no response to their letter of October 24, 2022 concerning the Text Messages. See Exhibit E. 6. On November 2, 2022, Michele responded, stating that “to the extent [the Text Messages] exist, texts between co-plaintiffs are protected by the joint interest agreement.” Michele’s letter did not address Defendants’ demand for a privilege log. See Exhibit F. 7. On November 15, 2022, Defendants served a Rule 14 letter regarding, inter alia, Defendants’ demand for the production of the Text Messages by both Plaintiffs. This letter also demanded production of a privilege log if Plaintiffs continued to withhold the Text Messages. See Exhibit G. 8. On November 21, 2022, Scott transmitted Yasemin’s response to Defendants’ Rule 14 letter, in which Yasemin abandoned her former position that texts with her sister could be protected as attorney work-product, instead asserting that the text messages were protected by the “attorney-client [communication] common interest privilege.” This letter did not address Defendants’ demand for a privilege log. See Exhibit H. 9. Zeynep failed to respond to Defendants’ Rule 14 letter or otherwise to oppose Defendants’ application. 10. On December 5, 2022, the Court held a Rule 14 conference regarding, among other issues, Defendants’ demand for production of the Text Messages. The Court’s Law Clerk, Ms. Klinger, stated that before a communication may be shielded from disclosure under the common interest rule, the communication must satisfy the requirements of the attorney-client privilege. She further stated that Plaintiffs should produce any text messages between Yasemin and Zeynep that are not privileged, and, to the extent that Plaintiffs assert a privilege over any of the text messages, they must produce a privilege log and disclose the allegedly applicable common interest agreement. Defendants’ counsel sent an email summarizing Ms. Klinger’s guidance on December 6, 2022. See Exhibit I. 11. On December 5, following the conference, Defendants’ counsel emailed Plaintiffs’ counsel requesting, inter alia, that Plaintiffs advise whether Plaintiffs will produce the Text FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 914 RECEIVED NYSCEF: 12/14/2022 Scott W. Parker, Esq. and Michele Kahn, Esq. December 12, 2022 Page 3 Messages (or, alternatively, a privilege log and the allegedly applicable common interest agreement), each as referenced in Defendants’ November 15, 2022 Rule 14 letter. Defendants’ counsel further requested, if Plaintiffs agreed to produce, that they include in their response when the production will be completed. See Exhibit J. 12. On December 7, 2022, Yasemin’s counsel Joanna McDonough responded, agreeing to produce certain documents addressed during the December 5 conference, but failing to address Defendants’ request concerning the Text Messages. (See id.) Defendants’ counsel responded, again inquiring whether Plaintiffs would produce the Text Messages. (Id.) Plaintiffs did not respond. 13. To date, Defendants have received no production of text messages, no privilege log, nor any guidance on Plaintiffs’ willingness to do so. Pursuant to the Court’s direction, we ask that you produce the Text Messages or a privilege log that complies with the CPLR. If we do not receive a production or a log by 12:00pm ET tomorrow, Defendants will move to compel the production of the Text Messages without further notice. Very truly yours, Meghan E. Hill cc: Counsel of Record (via email)