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, PLAINTIFFS’ (1) ORDER TO
SHOW CAUSE FOR LEAVE
-against- TO TAKE POST-NOTE OF
ISSUE DISCOVERY AND
BREMEN HOUSE INC., BREMEN HOUSE FOR A NEGATIVE
TEXAS, INC., GERMAN NEWS COMPANY, INFERENCE, AND
INC., GERMAN NEWS TEXAS, INC., 254- ALTERNATIVELY FOR A
258 CASE MANGEMENT
W. 35TH ST. LLC, BERRIN TEKINER, CONFERENCE TO APPOINT
GONCA TEKINER, and BILLUR AKIPEK, in A SPECIAL DISCOVERY
her capacity MASTER AND (2) MOTION
as a Trustee of The Yasemin Tekiner 2011 TO COMPEL RECORDS AND
Descendants Trust, DEPOSITIONS
Defendants.
1
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 (1) the
Affirmation of Stephen P. Younger, dated December 24, 2022 and Exhibits A through D submitted
in support of Plaintiffs’ Order to Show Cause for Leave to Take Post-Note of Issue Discovery and
for a Negative Inference, and alternatively, for a Case Management Conference to Appoint a
Special Discovery Master (NYSCEF Doc. Nos. 974-978) and (2) Exhibit G submitted in support
of Plaintiffs’ Motion to Compel Records and Depositions (NYSCEF Doc. No. 988) be filed under
seal, and granting such other and different relief as the Court may deem just and proper.
2
UPON the annexed emergency affirmation of Stephen P. Younger, sworn to on December
29, 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 ___________________, 2023 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 (1) the Affirmation of Stephen P. Younger, dated December 24,
2022 and Exhibits A through D submitted in support of Plaintiffs’ Order to Show Cause for
Leave to Take Post-Note of Issue Discovery and for Negative Inference, and alternatively, for a
Case Management Conference to Appoint a Special Discovery Master (NYSCEF Doc. Nos. 974-
978) to be filed under seal;
2. Permitting (2) Exhibit G submitted in support of Plaintiffs’ Motion to Compel
Records and Depositions (NYSCEF Doc. No. 988) be filed under seal; and
3. 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 _____________, 2023; 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
, 2023, and such service shall be deemed sufficient; and it is further
3
ORDERED that pending the hearing on this Order to Show Cause, NYSCEF Doc Nos.
974, 975, 976, 978 and 988, will remain temporarily under seal, accessible only to the parties,
their counsel, and court personnel.
Dated: ____________, 2022
ENTER:
J.S.C.
4
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, PLAINTIFFS’ (1) ORDER TO SHOW CAUSE FOR LEAVE -against- TO TAKE POST-NOTE OF ISSUE DISCOVERY AND BREMEN HOUSE INC., BREMEN HOUSE FOR A NEGATIVE TEXAS, INC., GERMAN NEWS COMPANY, INFERENCE, AND INC., GERMAN NEWS TEXAS, INC., 254- ALTERNATIVELY FOR A 258 CASE MANGEMENT W. 35TH ST. LLC, BERRIN TEKINER, CONFERENCE TO APPOINT GONCA TEKINER, and BILLUR AKIPEK, in A SPECIAL DISCOVERY her capacity MASTER AND (2) MOTION as a Trustee of The Yasemin Tekiner 2011 TO COMPEL RECORDS AND Descendants Trust, DEPOSITIONS Defendants. 1 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 (1) the Affirmation of Stephen P. Younger, dated December 24, 2022 and Exhibits A through D submitted in support of Plaintiffs’ Order to Show Cause for Leave to Take Post-Note of Issue Discovery and for a Negative Inference, and alternatively, for a Case Management Conference to Appoint a Special Discovery Master (NYSCEF Doc. Nos. 974-978) and (2) Exhibit G submitted in support of Plaintiffs’ Motion to Compel Records and Depositions (NYSCEF Doc. No. 988) be filed under seal, and granting such other and different relief as the Court may deem just and proper. 2 UPON the annexed emergency affirmation of Stephen P. Younger, sworn to on December 29, 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 ___________________, 2023 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 (1) the Affirmation of Stephen P. Younger, dated December 24, 2022 and Exhibits A through D submitted in support of Plaintiffs’ Order to Show Cause for Leave to Take Post-Note of Issue Discovery and for Negative Inference, and alternatively, for a Case Management Conference to Appoint a Special Discovery Master (NYSCEF Doc. Nos. 974- 978) to be filed under seal; 2. Permitting (2) Exhibit G submitted in support of Plaintiffs’ Motion to Compel Records and Depositions (NYSCEF Doc. No. 988) be filed under seal; and 3. 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 _____________, 2023; 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 , 2023, and such service shall be deemed sufficient; and it is further 3 ORDERED that pending the hearing on this Order to Show Cause, NYSCEF Doc Nos. 974, 975, 976, 978 and 988, will remain temporarily under seal, accessible only to the parties, their counsel, and court personnel. Dated: ____________, 2022 ENTER: J.S.C. 4