Preview
FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION: NEW YORK COUNTY
-------------------------------------------------------------- x
YASEMIN TEKINER, in her individual capacity, as :
a beneficiary and a Trustee of The Yasemin Tekiner :
2011 Descendants Trust and derivatively as a holder :
of equitable interests in a shareholder or a member : Index No.: 657193/2020
of the Company Defendants, :
Plaintiff, :
:
- against – :
: NOTE OF ISSUE AND
BREMEN HOUSE INC., GERMAN NEWS : CERTIFICATE OF READINESS
COMPANY, INC., BERRIN TEKINER, GONCA :
TEKINER, and BILLUR AKIPEK, in her capacity :
as a Trustee of The Yasemin Tekiner 2011 :
Descendants Trust, :
Defendants. :
-------------------------------------------------------------- x
:
:
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., GERMAN NEWS :
COMPANY, INC., BERRIN TEKINER, GONCA :
TEKINER, and BILLUR AKIPEK, in her capacity :
as a Trustee of The Zeynep Tekiner 2011 :
Descendants Trust, :
:
Defendants. :
-------------------------------------------------------------- x
1 of 5
FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022
In compliance with the Court’s Order, dated August 1, 2022 (NYSCEF Doc. 659),
Plaintiffs, Yasemin Tekiner and Zeynep Tekiner, hereby submit this Note of Issue and
Certificate of Readiness.
Plaintiffs have made various motions, which remain pending, including: a) a motion for
leave to take post-note discovery and other relief, (NYSCEF Docs. 973-979), incorporated herein
by reference; b) motions to compel document and deposition discovery from Defendants and
various nonparties (NYSCEF Docs. 951-960, 965-968, 980-994), also incorporated herein by
reference. As has been documented, there are numerous critical aspects of fact and expert
discovery that are incomplete, largely due to Defendants’ abusive discovery conduct.
For example, third-Party document discovery has not yet been completed and third-Party
depositions have not yet commenced. Moreover, one of the Defendants admitted to deleting key
social media accounts and other documents during the pendency of this litigation yet has neither
been deposed about this nor has she produced the electronic information needed to address this
key issue. And, critical hospital and banking records remain unproduced.
As a result, although Plaintiffs submit this Note of Issue on the schedule instructed by the
Court, Plaintiffs do not believe that the case is yet ready for trial. Nor is fact or expert discovery
complete at this time.
Plaintiffs respectfully submit that, as detailed in their prior submissions, to require them
to proceed to trial without critical discovery needed to prove their case would be unfair and
prejudice Plaintiffs greatly.
Nonetheless, Plaintiffs submit the following:
-2-
2 of 5
FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022
NOTE OF ISSUE
For use of Clerk
Calendar No. (if any)________________________
Index No. 657193/2020
Supreme Court, New York County, N.Y.
Honorable Joel M. Cohen
_X_Trial by Jury demanded
_X_Of all issues
__Of issues specified below
__Or attached hereto
__Trial without Jury
Filed: Plaintiffs
Date summons served: January 4, 2021
Date service completed: January 8, 2021
Date issue joined: August 24, 2021
NATURE OF ACTION OR SPECIAL PROCEEDING
__Tort __Motor Vehicle Negligence
__Medical Malpractice
__Other Tort/Aiding and Abetting Fraud
__Contract / Fiduciary Duty
__Contested Matrimonial
__Uncontested Matrimonial
__Tax Certiorari
__Condemnation
X_Other
__This action is brought as a class action
Amount demanded: Compensatory (legal and equitable) and consequential damages in an
amount to be determined at trial but not less than $70,000,000, plus restitution, plus pre-
judgment interest, plus punitive damages, plus civil penalties, plus regular distributions, an
award of attorneys’ fees and costs, and such other relief as the Court deems just and proper.
Attorneys for Plaintiff Yasemin Tekiner: Stephen P. Younger, Foley Hoag LLP, 1301 Avenue
of the Americas, New York, NY 10019; Scott W. Parker, Parker Ibrahim & Berg LLP, 5 Penn
Plaza, Suite 2371, New York, NY 10001
Attorneys for Defendants: Todd E. Soloway, Meghan E. Hill, Bryan T. Mohler, Rachel E. Shaw,
Pryor Cashman LLP, 7 Times Square, New York, NY 10036-6569
-3-
3 of 5
FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022
CERTIFICATE OF READINESS FOR TRIAL
1. All pleadings served Incomplete
2. Bill of particulars served Not required
3. Physical examinations completed Incomplete
4. Medical reports exchanged Incomplete
5. Appraisal reports exchanged Incomplete
6. Compliance with section 202.16 of the Rules
Chief Administrator (22 NYSCRR 202.16) in
matrimonial actions Not required
7. Discovery proceedings now known to be
necessary completed Incomplete
8. There are numerous outstanding requests for
discovery, including pending discovery motions
before the Court
9. There has not been a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance with any order issued pursuant to section 202.12 of the Rules of
the Chief Administrator (22 NYCRR 202.12).
11. If a medical malpractice action, there has been compliance with any order issued pursuant to
section 202.56 of the Rules of the Chief Administrator (202 NYCRR 202.56).
12. The case is not currently ready for trial.
December 28, 2022 Respectfully submitted,
___________
Stephen P. Younger
FOLEY HOAG LLP
1301 Avenue of the Americas, 25th Floor
New York, NY 10019
(212) 812-0365
spyounger@foleyhoag.com
Attorneys for Plaintiff Yasemin Tekiner
-4-
4 of 5
FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022
Michele Kahn
KAHN & GOLDBERG, LLP
555 Fifth Avenue, 14th Floor
New York, New York 10017
Telephone: (212) 687-5066
mk@kahngoldberg
Attorneys for Plaintiff Zeynep Tekiner
-5-
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION: NEW YORK COUNTY -------------------------------------------------------------- x YASEMIN TEKINER, in her individual capacity, as : a beneficiary and a Trustee of The Yasemin Tekiner : 2011 Descendants Trust and derivatively as a holder : of equitable interests in a shareholder or a member : Index No.: 657193/2020 of the Company Defendants, : Plaintiff, : : - against – : : NOTE OF ISSUE AND BREMEN HOUSE INC., GERMAN NEWS : CERTIFICATE OF READINESS COMPANY, INC., BERRIN TEKINER, GONCA : TEKINER, and BILLUR AKIPEK, in her capacity : as a Trustee of The Yasemin Tekiner 2011 : Descendants Trust, : Defendants. : -------------------------------------------------------------- x : : 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., GERMAN NEWS : COMPANY, INC., BERRIN TEKINER, GONCA : TEKINER, and BILLUR AKIPEK, in her capacity : as a Trustee of The Zeynep Tekiner 2011 : Descendants Trust, : : Defendants. : -------------------------------------------------------------- x 1 of 5 FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022 In compliance with the Court’s Order, dated August 1, 2022 (NYSCEF Doc. 659), Plaintiffs, Yasemin Tekiner and Zeynep Tekiner, hereby submit this Note of Issue and Certificate of Readiness. Plaintiffs have made various motions, which remain pending, including: a) a motion for leave to take post-note discovery and other relief, (NYSCEF Docs. 973-979), incorporated herein by reference; b) motions to compel document and deposition discovery from Defendants and various nonparties (NYSCEF Docs. 951-960, 965-968, 980-994), also incorporated herein by reference. As has been documented, there are numerous critical aspects of fact and expert discovery that are incomplete, largely due to Defendants’ abusive discovery conduct. For example, third-Party document discovery has not yet been completed and third-Party depositions have not yet commenced. Moreover, one of the Defendants admitted to deleting key social media accounts and other documents during the pendency of this litigation yet has neither been deposed about this nor has she produced the electronic information needed to address this key issue. And, critical hospital and banking records remain unproduced. As a result, although Plaintiffs submit this Note of Issue on the schedule instructed by the Court, Plaintiffs do not believe that the case is yet ready for trial. Nor is fact or expert discovery complete at this time. Plaintiffs respectfully submit that, as detailed in their prior submissions, to require them to proceed to trial without critical discovery needed to prove their case would be unfair and prejudice Plaintiffs greatly. Nonetheless, Plaintiffs submit the following: -2- 2 of 5 FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022 NOTE OF ISSUE For use of Clerk Calendar No. (if any)________________________ Index No. 657193/2020 Supreme Court, New York County, N.Y. Honorable Joel M. Cohen _X_Trial by Jury demanded _X_Of all issues __Of issues specified below __Or attached hereto __Trial without Jury Filed: Plaintiffs Date summons served: January 4, 2021 Date service completed: January 8, 2021 Date issue joined: August 24, 2021 NATURE OF ACTION OR SPECIAL PROCEEDING __Tort __Motor Vehicle Negligence __Medical Malpractice __Other Tort/Aiding and Abetting Fraud __Contract / Fiduciary Duty __Contested Matrimonial __Uncontested Matrimonial __Tax Certiorari __Condemnation X_Other __This action is brought as a class action Amount demanded: Compensatory (legal and equitable) and consequential damages in an amount to be determined at trial but not less than $70,000,000, plus restitution, plus pre- judgment interest, plus punitive damages, plus civil penalties, plus regular distributions, an award of attorneys’ fees and costs, and such other relief as the Court deems just and proper. Attorneys for Plaintiff Yasemin Tekiner: Stephen P. Younger, Foley Hoag LLP, 1301 Avenue of the Americas, New York, NY 10019; Scott W. Parker, Parker Ibrahim & Berg LLP, 5 Penn Plaza, Suite 2371, New York, NY 10001 Attorneys for Defendants: Todd E. Soloway, Meghan E. Hill, Bryan T. Mohler, Rachel E. Shaw, Pryor Cashman LLP, 7 Times Square, New York, NY 10036-6569 -3- 3 of 5 FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022 CERTIFICATE OF READINESS FOR TRIAL 1. All pleadings served Incomplete 2. Bill of particulars served Not required 3. Physical examinations completed Incomplete 4. Medical reports exchanged Incomplete 5. Appraisal reports exchanged Incomplete 6. Compliance with section 202.16 of the Rules Chief Administrator (22 NYSCRR 202.16) in matrimonial actions Not required 7. Discovery proceedings now known to be necessary completed Incomplete 8. There are numerous outstanding requests for discovery, including pending discovery motions before the Court 9. There has not been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to section 202.12 of the Rules of the Chief Administrator (22 NYCRR 202.12). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to section 202.56 of the Rules of the Chief Administrator (202 NYCRR 202.56). 12. The case is not currently ready for trial. December 28, 2022 Respectfully submitted, ___________ Stephen P. Younger FOLEY HOAG LLP 1301 Avenue of the Americas, 25th Floor New York, NY 10019 (212) 812-0365 spyounger@foleyhoag.com Attorneys for Plaintiff Yasemin Tekiner -4- 4 of 5 FILED: NEW YORK COUNTY CLERK 12/28/2022 10:27 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 998 RECEIVED NYSCEF: 12/28/2022 Michele Kahn KAHN & GOLDBERG, LLP 555 Fifth Avenue, 14th Floor New York, New York 10017 Telephone: (212) 687-5066 mk@kahngoldberg Attorneys for Plaintiff Zeynep Tekiner -5- 5 of 5