Preview
FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YASEMIN TEKINER, Index No. 657193/2020
in her individual capacity, as a beneficiary and a Trustee of Commercial Division Part 3
The Yasemin Tekiner 2011 Descendants Trust and
derivatively as a holder of equitable interests in a Hon. Joel M. Cohen
shareholder or a member of the Company Defendants
Mot. Sequence No. 42
Plaintiff,
AFFIRMATION OF
-against- TODD E. SOLOWAY IN
OPPOSITION TO ORDER
BREMEN HOUSE INC., GERMAN NEWS COMPANY, TO SHOW CAUSE
INC., BERRIN TEKINER, GONCA TEKINER, and
BILLUR AKIPEK, in her capacity as a Trustee of The
Yasemin Tekiner 2011 Descendants Trust,
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., GERMAN NEWS COMPANY,
INC., BERRIN TEKINER, GONCA TEKINER, and
BILLUR AKIPEK, in her capacity as a Trustee of The
Yasemin Tekiner 2011 Descendants Trust,
Defendants.
TODD E. SOLOWAY, an attorney admitted to practice law before the courts of the State
of New York, under penalty of perjury, affirms as follows:
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FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023
1. I am a partner in the law firm of Pryor Cashman LLP, attorneys for Defendants
Bremen House Inc., German News, Inc. (together, the “Entity Defendants”), Berrin Tekiner,
Gonca Tekiner, and Billur Akipek (collectively with the Entity Defendants, “Defendants”). I am
fully familiar with, and have personal knowledge of, the facts and circumstances set forth herein.
2. I respectfully submit this affirmation in opposition to Plaintiffs Yasemin Tekiner
and Zeynep Tekiner’s motion (the “Motion”), by order to show cause, for leave to take extensive
post-note of issue discovery and, alternatively, for a case management conference and/or to appoint
a special discovery master. (NYSCEF Dkt. No. 973.)
3. By this Order to Show Cause and three additional noticed motions (each of which
Plaintiffs elected to make returnable in room 130 in late January), all filed in the last week before
the December 28, 2022 note of issue deadline, Plaintiffs seek to re-visit nearly all of the discovery
in this 2-plus year old matter.
4. To be clear: every item of discovery that Plaintiffs seek was fully available to them
for many, many months. But Plaintiffs did nothing. Instead they waited until the last minute to
make multiple motions to compel seeking: (i) eleven additional depositions including of eight non-
parties who they had subpoenaed long ago; and (ii) the production of documents from ten different
parties (including additional mental health documents from the Defendants).
5. That relief would reward Plaintiffs’ complete failure to act in accordance with the
discovery process, and would be patently prejudicial to Defendants.1 Accordingly, Defendants
respectfully request that the Court decline to sign the proposed Order to Show Cause.
1
Indeed, Plaintiffs refused to agree to any extension of the discovery schedule when Pryor Cashman LLP substituted
as counsel for Defendants in July 2022, stating that“[a]ny further delay in thiscase . .. would undoubtedly
significantly prejudice Yasemin.” See NYSCEF Dkt. No. 646 at 2 (emphasis in original).
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Plaintiffs Seek Unbounded Post-Note of Issue Discovery
6. In the first paragraph of Plaintiffs’ memorandum of law submitted in support of the
Motion, Plaintiffs openly admit the non-specific, expansive discovery they seek leave to pursue
post-note of issue.
7. Across their four untimely discovery motions2, Plaintiffs seek permission to pursue:
(i) further discovery regarding the Individual Defendants’ mental health;
(ii) the production of allegedly non-privileged documents from Defendants;
(iii) the production of more bank records from non-party Santander Bank;
(iv) the production of additional documents and deposition testimony from non-
parties Allen Beck and Denise Baumann, the Entity Defendants’ outside
accountants;
(v) the production of allegedly unproduced messages and associated metadata;
(vi) additional depositions of each of the three Individual Defendants;
(vii) the production of documents and deposition testimony from non-party Paul
Schwartzman;
(viii) the production of documents and deposition testimony from non-party
Goldberg Weprin Finkel Goldstein LLP;
(ix) deposition testimony from non-party Wilmington Savings Fund Society,
FSB d/b/a Bryn Mawr Trust (formally known as Christiana Trust, a division
of Wilmington Savings Fund Society, FSB), the corporate trustee of the
Tekiner daughters’ trusts;
(x) deposition testimony from non-party Phillip Michaels, ;
(xi) deposition testimony from non-party Jon Stewart of Marcus & Millichap,
the Entity Defendants’ commercial real estate broker; and
(xii) deposition testimony from Sadan Gurbuzturk, an employee of the Entity
Defendants.
2
See NYSCEF Dkt. Nos. 951–60, 965–68, 973–79, 980–94.
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8. Plaintiffs do not seek leave to engage in discrete clean-up discovery. They are
seeking to open a new phase of discovery, which would include both document productions and
depositions, without limitations.
Plaintiffs Offer No Justification For Their Failure To Timely Complete Discovery
9. During the parties’ recent December 19, 2022 hearing, this Court gave Plaintiffs
specific instructions that, in seeking any post-Note of Issue discovery, Plaintiffs should explain in
their motion papers why such discovery could not have previously been taken in the two-plus years
that this case has been pending:
I had today blocked out hoping that I would be able to resolve all discovery issues
all at once; but they haven’t been teed up for one reason or another. So I’m not
persuaded that I should move the schedule again; and if you can demonstrate in
motion papers in the traditional way that you were frustrated in being able to take
discovery that you’re entitled to take before the end of fact discovery as extended
at least once, maybe more than once, then I will take that into account. [NYSCEF
Dkt. No. 1001 at 55:17-25.]
10. In contravention to the Court’s directive, Plaintiffs’ blunderbuss attempt to
postpone and extend discovery merely repeats their previous, generalized complaints against
Defendants and fails to offer any substantive reason why discovery was not timely completed.
11. As detailed in Defendants’ counsel’s December 16, 2022 letter opposing Yasemin
Tekiner’s application seeking an Order setting revised discovery deadlines (NYSCEF Dkt. No.
939), Defendants strenuously dispute any claim that they frustrated Plaintiffs’ discovery efforts.
12. Indeed, almost all of the allegedly outstanding discovery referenced in Plaintiffs’
new motion concerns third parties, including non-parties Santander Bank, Allen Beck, Denise
Baumann, Jon Stewart, Philip Michaels, Paul Schwartzman, Goldberg Weprin Finkel Goldstein
LLP, and Wilmington Savings Fund Society, FSB d/b/a Bryn Mawr Trust (formally known as
Christiana Trust, a division of Wilmington Savings Fund Society, FSB).
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13. At the December 19 conference, the Court appropriately expressed deep skepticism
at how Defendants could be blamed for Plaintiffs’ failure to complete third-party discovery, stating
“I still am not sure what force of nature prevented you from . . . taking the deposition.” (NYSCEF
Dkt. No. 1001 at 51.)
14. But even if Plaintiffs genuinely believed that Defendants had impeded their
discovery efforts, Plaintiffs were obligated to timely seek relief and complete discovery according
to the Court’s so-ordered schedule. (NYSCEF Dkt. No. 659.) Plaintiffs’ lack of diligence is not
a reason to delay the substantive adjudication of the parties’ claims.
15. Dispositive motions are due in a few short weeks (id.), and it is time for the parties
to proceed to the merits.
WHEREFORE, for the foregoing reasons, Defendants respectfully request that (a) the
Court decline to sign Plaintiffs’ proposed Order to Show Cause (NYSCEF Dkt. No. 973); and (b)
the Court award such other and further relief to Defendants as may be just and proper.
Dated: New York, New York
January 3, 2023
___________________________________
TODD E. SOLOWAY
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FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023
Certification Required by Rule 17 of the
Rules of the Commercial Division of the Supreme Court
I am the attorney who is filing this document. I hereby certify that this document, exclusive
of the caption, table of contents, table of authorities, and signature block contains 1,066 words as
counted by the word-processing system used to prepare the document.
/s/ Meghan E. Hill
Meghan E. Hill
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Preview
FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YASEMIN TEKINER, Index No. 657193/2020 in her individual capacity, as a beneficiary and a Trustee of Commercial Division Part 3 The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a Hon. Joel M. Cohen shareholder or a member of the Company Defendants Mot. Sequence No. 42 Plaintiff, AFFIRMATION OF -against- TODD E. SOLOWAY IN OPPOSITION TO ORDER BREMEN HOUSE INC., GERMAN NEWS COMPANY, TO SHOW CAUSE INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, 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., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. TODD E. SOLOWAY, an attorney admitted to practice law before the courts of the State of New York, under penalty of perjury, affirms as follows: 1 of 6 FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023 1. I am a partner in the law firm of Pryor Cashman LLP, attorneys for Defendants Bremen House Inc., German News, Inc. (together, the “Entity Defendants”), Berrin Tekiner, Gonca Tekiner, and Billur Akipek (collectively with the Entity Defendants, “Defendants”). I am fully familiar with, and have personal knowledge of, the facts and circumstances set forth herein. 2. I respectfully submit this affirmation in opposition to Plaintiffs Yasemin Tekiner and Zeynep Tekiner’s motion (the “Motion”), by order to show cause, for leave to take extensive post-note of issue discovery and, alternatively, for a case management conference and/or to appoint a special discovery master. (NYSCEF Dkt. No. 973.) 3. By this Order to Show Cause and three additional noticed motions (each of which Plaintiffs elected to make returnable in room 130 in late January), all filed in the last week before the December 28, 2022 note of issue deadline, Plaintiffs seek to re-visit nearly all of the discovery in this 2-plus year old matter. 4. To be clear: every item of discovery that Plaintiffs seek was fully available to them for many, many months. But Plaintiffs did nothing. Instead they waited until the last minute to make multiple motions to compel seeking: (i) eleven additional depositions including of eight non- parties who they had subpoenaed long ago; and (ii) the production of documents from ten different parties (including additional mental health documents from the Defendants). 5. That relief would reward Plaintiffs’ complete failure to act in accordance with the discovery process, and would be patently prejudicial to Defendants.1 Accordingly, Defendants respectfully request that the Court decline to sign the proposed Order to Show Cause. 1 Indeed, Plaintiffs refused to agree to any extension of the discovery schedule when Pryor Cashman LLP substituted as counsel for Defendants in July 2022, stating that“[a]ny further delay in thiscase . .. would undoubtedly significantly prejudice Yasemin.” See NYSCEF Dkt. No. 646 at 2 (emphasis in original). 2 2 of 6 FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023 Plaintiffs Seek Unbounded Post-Note of Issue Discovery 6. In the first paragraph of Plaintiffs’ memorandum of law submitted in support of the Motion, Plaintiffs openly admit the non-specific, expansive discovery they seek leave to pursue post-note of issue. 7. Across their four untimely discovery motions2, Plaintiffs seek permission to pursue: (i) further discovery regarding the Individual Defendants’ mental health; (ii) the production of allegedly non-privileged documents from Defendants; (iii) the production of more bank records from non-party Santander Bank; (iv) the production of additional documents and deposition testimony from non- parties Allen Beck and Denise Baumann, the Entity Defendants’ outside accountants; (v) the production of allegedly unproduced messages and associated metadata; (vi) additional depositions of each of the three Individual Defendants; (vii) the production of documents and deposition testimony from non-party Paul Schwartzman; (viii) the production of documents and deposition testimony from non-party Goldberg Weprin Finkel Goldstein LLP; (ix) deposition testimony from non-party Wilmington Savings Fund Society, FSB d/b/a Bryn Mawr Trust (formally known as Christiana Trust, a division of Wilmington Savings Fund Society, FSB), the corporate trustee of the Tekiner daughters’ trusts; (x) deposition testimony from non-party Phillip Michaels, ; (xi) deposition testimony from non-party Jon Stewart of Marcus & Millichap, the Entity Defendants’ commercial real estate broker; and (xii) deposition testimony from Sadan Gurbuzturk, an employee of the Entity Defendants. 2 See NYSCEF Dkt. Nos. 951–60, 965–68, 973–79, 980–94. 3 3 of 6 FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023 8. Plaintiffs do not seek leave to engage in discrete clean-up discovery. They are seeking to open a new phase of discovery, which would include both document productions and depositions, without limitations. Plaintiffs Offer No Justification For Their Failure To Timely Complete Discovery 9. During the parties’ recent December 19, 2022 hearing, this Court gave Plaintiffs specific instructions that, in seeking any post-Note of Issue discovery, Plaintiffs should explain in their motion papers why such discovery could not have previously been taken in the two-plus years that this case has been pending: I had today blocked out hoping that I would be able to resolve all discovery issues all at once; but they haven’t been teed up for one reason or another. So I’m not persuaded that I should move the schedule again; and if you can demonstrate in motion papers in the traditional way that you were frustrated in being able to take discovery that you’re entitled to take before the end of fact discovery as extended at least once, maybe more than once, then I will take that into account. [NYSCEF Dkt. No. 1001 at 55:17-25.] 10. In contravention to the Court’s directive, Plaintiffs’ blunderbuss attempt to postpone and extend discovery merely repeats their previous, generalized complaints against Defendants and fails to offer any substantive reason why discovery was not timely completed. 11. As detailed in Defendants’ counsel’s December 16, 2022 letter opposing Yasemin Tekiner’s application seeking an Order setting revised discovery deadlines (NYSCEF Dkt. No. 939), Defendants strenuously dispute any claim that they frustrated Plaintiffs’ discovery efforts. 12. Indeed, almost all of the allegedly outstanding discovery referenced in Plaintiffs’ new motion concerns third parties, including non-parties Santander Bank, Allen Beck, Denise Baumann, Jon Stewart, Philip Michaels, Paul Schwartzman, Goldberg Weprin Finkel Goldstein LLP, and Wilmington Savings Fund Society, FSB d/b/a Bryn Mawr Trust (formally known as Christiana Trust, a division of Wilmington Savings Fund Society, FSB). 4 4 of 6 FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023 13. At the December 19 conference, the Court appropriately expressed deep skepticism at how Defendants could be blamed for Plaintiffs’ failure to complete third-party discovery, stating “I still am not sure what force of nature prevented you from . . . taking the deposition.” (NYSCEF Dkt. No. 1001 at 51.) 14. But even if Plaintiffs genuinely believed that Defendants had impeded their discovery efforts, Plaintiffs were obligated to timely seek relief and complete discovery according to the Court’s so-ordered schedule. (NYSCEF Dkt. No. 659.) Plaintiffs’ lack of diligence is not a reason to delay the substantive adjudication of the parties’ claims. 15. Dispositive motions are due in a few short weeks (id.), and it is time for the parties to proceed to the merits. WHEREFORE, for the foregoing reasons, Defendants respectfully request that (a) the Court decline to sign Plaintiffs’ proposed Order to Show Cause (NYSCEF Dkt. No. 973); and (b) the Court award such other and further relief to Defendants as may be just and proper. Dated: New York, New York January 3, 2023 ___________________________________ TODD E. SOLOWAY 5 5 of 6 FILED: NEW YORK COUNTY CLERK 01/03/2023 03:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1007 RECEIVED NYSCEF: 01/03/2023 Certification Required by Rule 17 of the Rules of the Commercial Division of the Supreme Court I am the attorney who is filing this document. I hereby certify that this document, exclusive of the caption, table of contents, table of authorities, and signature block contains 1,066 words as counted by the word-processing system used to prepare the document. /s/ Meghan E. Hill Meghan E. Hill 6 6 of 6