Preview
At Part 3 of the Supreme Court of the State of
New York, County of New York, held at the
Courthouse at 60 Centre Street, New York,
New York, on day of , 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 Index No. 657193/2020
2011 Descendants Trust and
derivatively as Motion Seq. No.:
a holder of equitable interests in a
shareholder or a member of the ORDER TO SHOW CAUSE
Company Defendants, TO SEAL CERTAIN
DOCUMENTS IN
CONNECTION WITH
Plaintiff, PLAINTIFF’S MOTION TO
COMPEL DEFENDANTS TO
-against- (1) PROVIDE CONSENT FOR
SUBPOENAS TO CERTAIN
BREMEN HOUSE INC., BREMEN HOUSE HOSPITALS PURSUANT
TEXAS, INC., GERMAN NEWS COMPANY, TO CPLR 3122(a)(2); AND (2)
INC., GERMAN NEWS TEXAS, INC., 254- PRODUCE ALL
258 DOCUMENTS RESPONSIVE
W. 35TH ST. LLC, BERRIN TEKINER, TO PLAINTIFF’S
GONCA TEKINER, and BILLUR AKIPEK, in NARROWER SET OF
her capacity DOCUMENT REQUESTS
as a Trustee of The Yasemin Tekiner 2011 RELATED TO MENTAL
Descendants Trust, HEALTH
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.
Plaintiff, Yasemin Tekiner (“Plaintiff”), by her attorneys, Foley Hoag LLP, having moved
this Court for an Order to Show Cause why an Order should not be issued permitting the
Affirmation of Stephen P. Younger, dated December 22, 2022 (the “Younger Affirmation”),
submitted in support of Plaintiff’s Motion to Compel Defendants to (1) provide their consent for
subpoenas to certain hospitals pursuant to CPLR 3122(a)(2); and (2) produce all documents
responsive to Plaintiff’s narrower set of document requests related to mental health (NYSCEF
Doc. No. 966) and Exhibit B to the Younger Affirmation (NYSCEF No. 968) be filed under seal,
and granting such other and different relief as the Court may deem just and proper.
UPON the annexed emergency affirmation of Stephen P. Younger, sworn to on December
23, 2022, the accompanying memorandum of law, and upon all papers filed and proceedings had
herein,
LET Defendants show cause before the Honorable Joel M. Cohen of this Supreme Court
of the State of New York, at the Courthouse Part 3 at 60 Centre Street, New York, NY 10007 on
the ______ day of ___________________, 2022 at 9:30 a.m., or as soon thereafter as counsel
can be heard,
WHY an order should not be made and entered:
1. Permitting the Affirmation of Stephen P. Younger, dated December 22, 2022 (the
“Younger Affirmation”), submitted in support of Plaintiff’s Motion to Compel Defendants to (1)
provide their consent for subpoenas to certain hospitals pursuant to CPLR 3122(a)(2); and (2)
produce all documents responsive to Plaintiff’s narrower set of document requests related to
mental health (NYSCEF Doc. No. 966) and Exhibit B to the Younger Affirmation (NYSCEF
No. 968) be filed under seal; and
2. Granting such other and further relief as this Court deems just and proper.
IT IS HEREBY ORDERED that any responsive papers to this motion made by Order to
Show Cause shall be served by electronic mail on counsel for Plaintiff and filed with the Clerk
on or before _____________, 2022; and it is further
ORDERED that service by electronic mail of this Order to Show Cause, together with the
papers upon which it is based, shall be made upon counsel for the Defendants on or before
, 2022, and such service shall be deemed sufficient; and it is further
ORDERED that pending the hearing on this Order to Show Cause, NYSCEF Nos. 966
and 968, will remain temporarily under seal, accessible only to the parties, their counsel, and
court personnel.
Dated: ____________, 2022
ENTER:
J.S.C.
Preview
At Part 3 of the Supreme Court of the State of New York, County of New York, held at the Courthouse at 60 Centre Street, New York, New York, on day of , 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 Index No. 657193/2020 2011 Descendants Trust and derivatively as Motion Seq. No.: a holder of equitable interests in a shareholder or a member of the ORDER TO SHOW CAUSE Company Defendants, TO SEAL CERTAIN DOCUMENTS IN CONNECTION WITH Plaintiff, PLAINTIFF’S MOTION TO COMPEL DEFENDANTS TO -against- (1) PROVIDE CONSENT FOR SUBPOENAS TO CERTAIN BREMEN HOUSE INC., BREMEN HOUSE HOSPITALS PURSUANT TEXAS, INC., GERMAN NEWS COMPANY, TO CPLR 3122(a)(2); AND (2) INC., GERMAN NEWS TEXAS, INC., 254- PRODUCE ALL 258 DOCUMENTS RESPONSIVE W. 35TH ST. LLC, BERRIN TEKINER, TO PLAINTIFF’S GONCA TEKINER, and BILLUR AKIPEK, in NARROWER SET OF her capacity DOCUMENT REQUESTS as a Trustee of The Yasemin Tekiner 2011 RELATED TO MENTAL Descendants Trust, HEALTH 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. Plaintiff, Yasemin Tekiner (“Plaintiff”), by her attorneys, Foley Hoag LLP, having moved this Court for an Order to Show Cause why an Order should not be issued permitting the Affirmation of Stephen P. Younger, dated December 22, 2022 (the “Younger Affirmation”), submitted in support of Plaintiff’s Motion to Compel Defendants to (1) provide their consent for subpoenas to certain hospitals pursuant to CPLR 3122(a)(2); and (2) produce all documents responsive to Plaintiff’s narrower set of document requests related to mental health (NYSCEF Doc. No. 966) and Exhibit B to the Younger Affirmation (NYSCEF No. 968) be filed under seal, and granting such other and different relief as the Court may deem just and proper. UPON the annexed emergency affirmation of Stephen P. Younger, sworn to on December 23, 2022, the accompanying memorandum of law, and upon all papers filed and proceedings had herein, LET Defendants show cause before the Honorable Joel M. Cohen of this Supreme Court of the State of New York, at the Courthouse Part 3 at 60 Centre Street, New York, NY 10007 on the ______ day of ___________________, 2022 at 9:30 a.m., or as soon thereafter as counsel can be heard, WHY an order should not be made and entered: 1. Permitting the Affirmation of Stephen P. Younger, dated December 22, 2022 (the “Younger Affirmation”), submitted in support of Plaintiff’s Motion to Compel Defendants to (1) provide their consent for subpoenas to certain hospitals pursuant to CPLR 3122(a)(2); and (2) produce all documents responsive to Plaintiff’s narrower set of document requests related to mental health (NYSCEF Doc. No. 966) and Exhibit B to the Younger Affirmation (NYSCEF No. 968) be filed under seal; and 2. Granting such other and further relief as this Court deems just and proper. IT IS HEREBY ORDERED that any responsive papers to this motion made by Order to Show Cause shall be served by electronic mail on counsel for Plaintiff and filed with the Clerk on or before _____________, 2022; and it is further ORDERED that service by electronic mail of this Order to Show Cause, together with the papers upon which it is based, shall be made upon counsel for the Defendants on or before , 2022, and such service shall be deemed sufficient; and it is further ORDERED that pending the hearing on this Order to Show Cause, NYSCEF Nos. 966 and 968, will remain temporarily under seal, accessible only to the parties, their counsel, and court personnel. Dated: ____________, 2022 ENTER: J.S.C.