Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 02:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1029 RECEIVED NYSCEF: 01/09/2023
From: Michele Kahn mk@kahngoldberg.com
Subject: RE: Tekinerv. Bremen House,et al. - Follow
Up on Open Items
Date: Dec mber 13,2022 at 11:1
To: Mohler,Bryan . er@PRYORCASHMAN.com, McDonough, Joanna jmedonough@foleyhoag.com, Sanjay Ibrahim
Sanjay.lbrahim@piblaw.com, Younger,Stephen P. spyounger@foleyhoag.com, ScottParker Scott.Parker@piblaw.com
Cc: Soloway, Todd E. TSoloway@PRYORCASHMAN.com, Hill, MeghanE. MHill@PRYORCASHMAN.com
Bryan. I am letting you know that I expect to have my letter regarding the Zeynep
privilege log to you by the end of this week.
And I should be able to get the stipulation regarding amending Zeynep's complaint and
my statement that I will not need any new discovery as a result of the amendment to you
by next week.
7n the meantime, please provide your written representation that Gonca has advised you
that the only app on which she kept any journal entries was the Notes app.
Thank you, Michele
Michele Kahn, Esq.
Kahn & Goldberg, LLP
14th
555 Fifth Avenue, Floor
New York, NY 10017
Tel. (212) 687-5066
Fax (212) 986-5316
mk@kahngoldberg.com
www.kahngoldberg.com
FILED: NEW YORK COUNTY CLERK 01/09/2023 02:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1029 RECEIVED NYSCEF: 01/09/2023
From: Michele Kahn mk@kahngoldberg.com
Subject: RE: Tekiner- Amended Complaint; Amended Privilege Gonca'sJoumals; Meet and Confer
Zeynep Zeynep Log;
YORCASHMAN.com
Cc: Sanjay IbrahimSanjay.Ibrahim@piblaw.com, DanielSchleifstein Scott
Daniel.Schleifstein@piblaw.com, Parker
Scott.Parker@piblaw.com,Younger, Stephen P. spyounger@foleyhoag.com, Soloway, Todd E.
TSoloway@PRYORCASHMAN.com, Meghan
Hill, E. MHill@PRYORCASHMAN.com
Brian. I appreciate your response and obviously did not get back to you before your
suggested time for a meet and confer. Are you available Monday between 11 am and 5
pm?
Regarding Zeynep amending her complaint, another copy of the proposed second
amended complaint which shows the changes from Zeynep's extant complaint is
attached. I have already told you that in my view, there are no new facts being alleged in
the proposed amendment that will necessitate any additional discovery beyond that
already completed or currently contemplated. But that is something that you must
determine for yourself. Please confirm you will stipulate to my filing the SAC and I will
prepare a stipulation.
I appreciate your providing additional information regarding Gonca's journals. But what
I'm not hearing is whether Gonca used one or more apps for her journal and, ifso,
whether any data was collected from those apps. Among others, Day One, Journey, My
Diary, Journal It,are apps that currently work with Apple products. I am sure that these
or similar apps were available for at least some of the years that Gonca was keeping a
"files" "notes"
journal. Itis appears that some people create rather than for journaling on
their devices.
Regarding the privilege log, I don't understand how "emails providing or requesting
litigation"
information for the purpose of legal advice regarding employment-related are
privileged. There are also some documents on the log that appear to contain some
privileged information and some non-privileged information, and these should be
produced in redacted form.
Please let me know your availability on Monday or suggest some other days and times.
Thank you, Michele
Michele Kahn, Esq.
Kahn & Goldberg, LLP
14th
555 Fifth Avenue, Floor
New York, NY 10017
Tel. (212) 687-5066
Fax (212) 986-5316
mk@kahngoldberg c_o_m
www.kahngoldbergAQm
From: Mohler, Bryan T. [mailto:BMohler@PRYORCASHMAN.com]
Sent: Friday, November 18, 2022 6:59 PM
To: Michele Kahn
FILED: NEW YORK COUNTY CLERK 01/09/2023 02:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1029 RECEIVED NYSCEF: 01/09/2023
Ibrahim' Schleifstein'
Cc: 'Sanjay ; 'Daniel
Parker'
; 'Scott ; Žounger,
P.'
Stephen ; Soloway, Todd E.
; Hill, Meghan E.
Subject: RE: Tekiner - Meet and Confer
Various;
Michele,
I was traveling today, so please excuse the late in the day email. We will agree to
stipulate to your proposed amendment to Zeynep's complaint as reflected in the markup
you sent me on November 11, provided that you confirm that, as we discussed, there are
no new facts being alleged in the proposed amendment that will necessitate any
additional discovery beyond that already completed or currently contemplated.
As to the efforts to locate responsive documents from Gonca, Gonca's iPhone, iPad and
her office computer's hard drive were imaged. As we previously advised, Gonca also
previously used an iPod Touch, and that device was discarded in 2020. All existing
iCloud backups for her Apple devices were also searched for and collected. Text
messages and messages from social media or messaging apps, as well as all entries on
"Notes"
the app on her devices, have been reviewed for responsiveness. No responsive
journal entries were located, either on those devices or on paper. As she testified, Gonca
does possess paper journals from when she was younger, before the relevant time
period.
Finally, let me know ifyou are available at 11am ET on Monday to meet and confer
regarding the October 18, 2022 Amended Privilege Log. The short answer to your
question is that we reviewed each of the entries on the original log, and those on the
amended log remain privileged.
Bryan
Bryan T. Mohler I PRYOR GASHMAN LLP
7 Times Square |New York, New York 10036-6569
Office: (212) 326-0466 I Mobile: (419) 290-8351
bmohler(ÿpryorcashman.com
From: Michele Kahn
Sent: Thursday, November 17, 2022 3:01 PM
Parker'
To: Mohler, Bryan T. ; 'Scott
Ibrahim' Schleifstein'
Cc: 'Sanjay ; 'Daniel
P.'
; 'Younger, Stephen ;
Soloway, Todd E. ; Hill, Meghan E.
Subject: RE: Tekiner - Meet and Confer
Various;
Bryan. This is a reminder that you promised to get back to me by tomorrow as to (i)
whether you will stipulate to my amending Zeynep's complaint to add the proposed
additional cause of action against Gonca for aiding and abetting breach of fiduciary duty;
and (ii) what, ifanythina, vou have determined with regard to efforts to locate relevant
FILED: NEW YORK COUNTY CLERK 01/09/2023 02:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1029 RECEIVED NYSCEF: 01/09/2023
entries from Gonca's jo rIals, including without limitation, which of Gonca's devices have
been imaged, what data was searched for on those devices, whether there may be
journal entries on those devices and/or on paper, and other matters we discussed during
our November 14, 2022 meet and confer. Depending on your answers regarding the
journal entries, we may or may not need to have further discussions.
Also, I need to meet and confer with you regarding the 2022.10.18 Amended Defendants
NRF and BBG privilege log. Specifically, I want to discuss why you continue to designate
all documents on as privileged -- other than those that relate to the instant
the log
litigation, which I agree are likely privileged.
I can speak from now until 5:30 today, and tomorrow between 11:30 am and 5 pm.
Please let me know what works for you.
Thank you, Michele
Michele Kahn, Esq.
Kahn & Goldberg, LLP
14th
555 Fifth Avenue, Floor
New York, NY 10017
Tel. (212) 687-5066
Fax (212) 986-5316
mk@kahngoldberg.com
www.kahngoldberg.com
W s
Proposed
Secon...nt.docx
Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 02:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1029 RECEIVED NYSCEF: 01/09/2023 From: Michele Kahn mk@kahngoldberg.com Subject: RE: Tekinerv. Bremen House,et al. - Follow Up on Open Items Date: Dec mber 13,2022 at 11:1 To: Mohler,Bryan . er@PRYORCASHMAN.com, McDonough, Joanna jmedonough@foleyhoag.com, Sanjay Ibrahim Sanjay.lbrahim@piblaw.com, Younger,Stephen P. spyounger@foleyhoag.com, ScottParker Scott.Parker@piblaw.com Cc: Soloway, Todd E. TSoloway@PRYORCASHMAN.com, Hill, MeghanE. MHill@PRYORCASHMAN.com Bryan. I am letting you know that I expect to have my letter regarding the Zeynep privilege log to you by the end of this week. And I should be able to get the stipulation regarding amending Zeynep's complaint and my statement that I will not need any new discovery as a result of the amendment to you by next week. 7n the meantime, please provide your written representation that Gonca has advised you that the only app on which she kept any journal entries was the Notes app. Thank you, Michele Michele Kahn, Esq. Kahn & Goldberg, LLP 14th 555 Fifth Avenue, Floor New York, NY 10017 Tel. (212) 687-5066 Fax (212) 986-5316 mk@kahngoldberg.com www.kahngoldberg.com FILED: NEW YORK COUNTY CLERK 01/09/2023 02:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1029 RECEIVED NYSCEF: 01/09/2023 From: Michele Kahn mk@kahngoldberg.com Subject: RE: Tekiner- Amended Complaint; Amended Privilege Gonca'sJoumals; Meet and Confer Zeynep Zeynep Log; YORCASHMAN.com Cc: Sanjay IbrahimSanjay.Ibrahim@piblaw.com, DanielSchleifstein Scott Daniel.Schleifstein@piblaw.com, Parker Scott.Parker@piblaw.com,Younger, Stephen P. spyounger@foleyhoag.com, Soloway, Todd E. TSoloway@PRYORCASHMAN.com, Meghan Hill, E. MHill@PRYORCASHMAN.com Brian. I appreciate your response and obviously did not get back to you before your suggested time for a meet and confer. Are you available Monday between 11 am and 5 pm? Regarding Zeynep amending her complaint, another copy of the proposed second amended complaint which shows the changes from Zeynep's extant complaint is attached. I have already told you that in my view, there are no new facts being alleged in the proposed amendment that will necessitate any additional discovery beyond that already completed or currently contemplated. But that is something that you must determine for yourself. Please confirm you will stipulate to my filing the SAC and I will prepare a stipulation. I appreciate your providing additional information regarding Gonca's journals. But what I'm not hearing is whether Gonca used one or more apps for her journal and, ifso, whether any data was collected from those apps. Among others, Day One, Journey, My Diary, Journal It,are apps that currently work with Apple products. I am sure that these or similar apps were available for at least some of the years that Gonca was keeping a "files" "notes" journal. Itis appears that some people create rather than for journaling on their devices. Regarding the privilege log, I don't understand how "emails providing or requesting litigation" information for the purpose of legal advice regarding employment-related are privileged. There are also some documents on the log that appear to contain some privileged information and some non-privileged information, and these should be produced in redacted form. Please let me know your availability on Monday or suggest some other days and times. Thank you, Michele Michele Kahn, Esq. Kahn & Goldberg, LLP 14th 555 Fifth Avenue, Floor New York, NY 10017 Tel. (212) 687-5066 Fax (212) 986-5316 mk@kahngoldberg c_o_m www.kahngoldbergAQm From: Mohler, Bryan T. [mailto:BMohler@PRYORCASHMAN.com] Sent: Friday, November 18, 2022 6:59 PM To: Michele Kahn FILED: NEW YORK COUNTY CLERK 01/09/2023 02:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1029 RECEIVED NYSCEF: 01/09/2023 Ibrahim' Schleifstein' Cc: 'Sanjay ; 'Daniel Parker' ; 'Scott ; Žounger, P.' Stephen ; Soloway, Todd E. ; Hill, Meghan E. Subject: RE: Tekiner - Meet and Confer Various; Michele, I was traveling today, so please excuse the late in the day email. We will agree to stipulate to your proposed amendment to Zeynep's complaint as reflected in the markup you sent me on November 11, provided that you confirm that, as we discussed, there are no new facts being alleged in the proposed amendment that will necessitate any additional discovery beyond that already completed or currently contemplated. As to the efforts to locate responsive documents from Gonca, Gonca's iPhone, iPad and her office computer's hard drive were imaged. As we previously advised, Gonca also previously used an iPod Touch, and that device was discarded in 2020. All existing iCloud backups for her Apple devices were also searched for and collected. Text messages and messages from social media or messaging apps, as well as all entries on "Notes" the app on her devices, have been reviewed for responsiveness. No responsive journal entries were located, either on those devices or on paper. As she testified, Gonca does possess paper journals from when she was younger, before the relevant time period. Finally, let me know ifyou are available at 11am ET on Monday to meet and confer regarding the October 18, 2022 Amended Privilege Log. The short answer to your question is that we reviewed each of the entries on the original log, and those on the amended log remain privileged. Bryan Bryan T. Mohler I PRYOR GASHMAN LLP 7 Times Square |New York, New York 10036-6569 Office: (212) 326-0466 I Mobile: (419) 290-8351 bmohler(ÿpryorcashman.com From: Michele Kahn Sent: Thursday, November 17, 2022 3:01 PM Parker' To: Mohler, Bryan T. ; 'Scott Ibrahim' Schleifstein' Cc: 'Sanjay ; 'Daniel P.' ; 'Younger, Stephen ; Soloway, Todd E. ; Hill, Meghan E. Subject: RE: Tekiner - Meet and Confer Various; Bryan. This is a reminder that you promised to get back to me by tomorrow as to (i) whether you will stipulate to my amending Zeynep's complaint to add the proposed additional cause of action against Gonca for aiding and abetting breach of fiduciary duty; and (ii) what, ifanythina, vou have determined with regard to efforts to locate relevant FILED: NEW YORK COUNTY CLERK 01/09/2023 02:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1029 RECEIVED NYSCEF: 01/09/2023 entries from Gonca's jo rIals, including without limitation, which of Gonca's devices have been imaged, what data was searched for on those devices, whether there may be journal entries on those devices and/or on paper, and other matters we discussed during our November 14, 2022 meet and confer. Depending on your answers regarding the journal entries, we may or may not need to have further discussions. Also, I need to meet and confer with you regarding the 2022.10.18 Amended Defendants NRF and BBG privilege log. Specifically, I want to discuss why you continue to designate all documents on as privileged -- other than those that relate to the instant the log litigation, which I agree are likely privileged. I can speak from now until 5:30 today, and tomorrow between 11:30 am and 5 pm. Please let me know what works for you. Thank you, Michele Michele Kahn, Esq. Kahn & Goldberg, LLP 14th 555 Fifth Avenue, Floor New York, NY 10017 Tel. (212) 687-5066 Fax (212) 986-5316 mk@kahngoldberg.com www.kahngoldberg.com W s Proposed Secon...nt.docx