On December 21, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Yasemin Tekiner,
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 Of The Company Defendants,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1040 RECEIVED NYSCEF: 01/09/2023
EXHIBIT 9
Chart of Subpoenas Served by Plaintiff Yasemin Tekiner
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1040 RECEIVED NYSCEF: 01/09/2023
No. Person/Entity Subpoenaed Date of First Date of Non-Party's Responses and Documents Produced Deposition Scheduled
Subpoena Objections
1 Subpoena for Documents and Testimony 3/15/2021 No No No
on non-party Keith Brenan of Weitzman
Associates
2 Subpoena for Documents and Testimony 3/15/2021; amended No responses and objections; first Yes April 29, 2021: Cancelled by Yasemin
on non-party John Stewart of Marcus &and re-served production on April 16, 2021. June 21, 2022: Cancelled by Yasemin
Millichap 2/16/2022; amended November 15, 2022: Cancelled by
and re-served Yasemin because she would not allow
6/10/2022; amended Mr. Stewart to appear remotely.
and re-served
11/15/2022.
3 Subpoena for Documents and Testimony 3/22/2021 Defendants moved to quash on June 6, No No
on non-party Raish LLC 2022. The Court denied the motion on
August 17, 2022.
4 Subpoena for Documents and Testimony 5/18/2021 No No No
on non-party Extell Acquisitions LLC
("Extell")
5 Subpoena for Documents and Testimony 5/18/2021 August 5, 2021 (via email). Yes No
on non-party Steve Levine of Lederer,
Levine & Associates
6 Subpoena for Documents and Testimony 5/18/2021; re-served
June 7, 2021. Following meet and confers between the
December 22, 2022: Cancelled by
on non-party Denise Baumann (Beck & 6/24/2021 parties, Defendants produced responsive
Yasemin
Baumann, CPA, LLC) communications with Baumann in their
own productions and produced documents
on behalf of Beck & Baumann, CPA,
LLP.
7 Subpoena for Documents and Testimony 5/19/2021 No No. Yasemin sent a letter on October 22,
No
on non-party Marc Shore ("Shore") of 2022 demanding production by October
Shore Assets 27, 2022, but she has not followed up.
8 Subpoena for Documents and Testimony 5/24/2021 June 14, 2021. No. Defendants' prior counsel and No
on non-party Gurer Aykal ("Aykal") Plaintiff's counsel met and conferred
regarding the scope of this subpoena.Yasemin told Defendants on September
Following document review, Defendants29, 2022 that she was "renewing" her
right to depose Mr. Aykal, but she has not
determined that Mr. Aykal did not have
any responsive documents. pursued his deposition.
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1040 RECEIVED NYSCEF: 01/09/2023
9 Subpoena for Documents and Testimony 5/24/2021 June 14, 2021. No. However, Defendants searched and No
on non-party Belkin Burden Goldman produced documents that included BBG
LLP ("BBG") attorneys.
10 Subpoena for Documents and Testimony 5/24/2021 June 14, 2021. Yes. Following extensive meet and No
on non-party Norton Rose Fulbright US confers to narrow the scope of the
LLP ("NRF") subpoena, Defendants collected and
produced documents on behalf of NRF.
11 Subpoena on Sadan Gurbuzturk (current5/24/2021 Subpoena withdrawn N/A N/A
bookkeeper)
12 Subpoena for Documents and Testimony 6/7/2021 No; The parties exchanged Rule 14 letters No No
on non-party Aydin S. Caginalp and conferred with the Court regarding
the Caginalp subpoena, among other
issues. Yasemin did not pursue this
subpoena, but she has not withdrawn it.
13 Subpoena for Documents and Testimony 6/7/2021; 11/10/21 June 28, 2021. Yes December 22, 2021 (took place).
on non-party Zeynep Tekiner (subpoena for
inspection)
14 Subpoena for Documents and Testimony 6/24/2021 June 30, 2021. Defendants produced documents collected Never
on non-party Beck & Baumann, CPA, from Beck & Baumann.
LLC
15 Subpoena for Documents and Testimony 6/25/2021 Plaintiffs moved to quash on June 6, No Yasemin scheduled the deposition for
on non-party Paul Schwartzman 2022. The Court denied the motion on October 17, 2022 at 9:00 am but
August 17, 2022. cancelled on October 14, 2022.
It has not
been rescheduled.
16 Subpoena for Documents and Testimony 11/10/2021 December 1, 2021. Defendants produced documents from No
on non-party Yuksel Golpinar (Yuksel Fedayi as a corporate custodian.
Fedayi)
17 Subpoena for Documents on Santander 8/9/2022 No; Defendants moved to quash on Yes N/A
Bank (bank for company and individual September 16, 2022.The Court denied
accounts) the motion on
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1040 RECEIVED NYSCEF: 01/09/2023
18 Subpoena for Documents and Testimony 9/2/2022 No Yes No
on Jessica Mojica of Christiana Trust
19 Subpoena for Documents and Testimony 9/19/2022 October 27, 2022. Defendants previously produced No
on non-party Allen Beck (current responsive communications with Beck in
accountant) their own productions and produced
documents on behalf of Beck &
Baumann, CPA, LLP.
20 Subpoena for Documents and Testimony 9/19/2022 October 27, 2022. Defendants produced documents on At 11:30pm on December 19, 2022,
on non-party Phillip Michaels behalf of NRF, including Mr. Michaels's
Yasemin attempted to schedule the
custodial documents. subpoena for December 22, 23, 26, or 27.
Michaels was not available on those
dates.
21 Goldberg Weprin Finkel Goldstein LLP10/26/2022 No No No
Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1040 RECEIVED NYSCEF: 01/09/2023 EXHIBIT 9 Chart of Subpoenas Served by Plaintiff Yasemin Tekiner FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1040 RECEIVED NYSCEF: 01/09/2023 No. Person/Entity Subpoenaed Date of First Date of Non-Party's Responses and Documents Produced Deposition Scheduled Subpoena Objections 1 Subpoena for Documents and Testimony 3/15/2021 No No No on non-party Keith Brenan of Weitzman Associates 2 Subpoena for Documents and Testimony 3/15/2021; amended No responses and objections; first Yes April 29, 2021: Cancelled by Yasemin on non-party John Stewart of Marcus &and re-served production on April 16, 2021. June 21, 2022: Cancelled by Yasemin Millichap 2/16/2022; amended November 15, 2022: Cancelled by and re-served Yasemin because she would not allow 6/10/2022; amended Mr. Stewart to appear remotely. and re-served 11/15/2022. 3 Subpoena for Documents and Testimony 3/22/2021 Defendants moved to quash on June 6, No No on non-party Raish LLC 2022. The Court denied the motion on August 17, 2022. 4 Subpoena for Documents and Testimony 5/18/2021 No No No on non-party Extell Acquisitions LLC ("Extell") 5 Subpoena for Documents and Testimony 5/18/2021 August 5, 2021 (via email). Yes No on non-party Steve Levine of Lederer, Levine & Associates 6 Subpoena for Documents and Testimony 5/18/2021; re-served June 7, 2021. Following meet and confers between the December 22, 2022: Cancelled by on non-party Denise Baumann (Beck & 6/24/2021 parties, Defendants produced responsive Yasemin Baumann, CPA, LLC) communications with Baumann in their own productions and produced documents on behalf of Beck & Baumann, CPA, LLP. 7 Subpoena for Documents and Testimony 5/19/2021 No No. Yasemin sent a letter on October 22, No on non-party Marc Shore ("Shore") of 2022 demanding production by October Shore Assets 27, 2022, but she has not followed up. 8 Subpoena for Documents and Testimony 5/24/2021 June 14, 2021. No. Defendants' prior counsel and No on non-party Gurer Aykal ("Aykal") Plaintiff's counsel met and conferred regarding the scope of this subpoena.Yasemin told Defendants on September Following document review, Defendants29, 2022 that she was "renewing" her right to depose Mr. Aykal, but she has not determined that Mr. Aykal did not have any responsive documents. pursued his deposition. FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1040 RECEIVED NYSCEF: 01/09/2023 9 Subpoena for Documents and Testimony 5/24/2021 June 14, 2021. No. However, Defendants searched and No on non-party Belkin Burden Goldman produced documents that included BBG LLP ("BBG") attorneys. 10 Subpoena for Documents and Testimony 5/24/2021 June 14, 2021. Yes. Following extensive meet and No on non-party Norton Rose Fulbright US confers to narrow the scope of the LLP ("NRF") subpoena, Defendants collected and produced documents on behalf of NRF. 11 Subpoena on Sadan Gurbuzturk (current5/24/2021 Subpoena withdrawn N/A N/A bookkeeper) 12 Subpoena for Documents and Testimony 6/7/2021 No; The parties exchanged Rule 14 letters No No on non-party Aydin S. Caginalp and conferred with the Court regarding the Caginalp subpoena, among other issues. Yasemin did not pursue this subpoena, but she has not withdrawn it. 13 Subpoena for Documents and Testimony 6/7/2021; 11/10/21 June 28, 2021. Yes December 22, 2021 (took place). on non-party Zeynep Tekiner (subpoena for inspection) 14 Subpoena for Documents and Testimony 6/24/2021 June 30, 2021. Defendants produced documents collected Never on non-party Beck & Baumann, CPA, from Beck & Baumann. LLC 15 Subpoena for Documents and Testimony 6/25/2021 Plaintiffs moved to quash on June 6, No Yasemin scheduled the deposition for on non-party Paul Schwartzman 2022. The Court denied the motion on October 17, 2022 at 9:00 am but August 17, 2022. cancelled on October 14, 2022. It has not been rescheduled. 16 Subpoena for Documents and Testimony 11/10/2021 December 1, 2021. Defendants produced documents from No on non-party Yuksel Golpinar (Yuksel Fedayi as a corporate custodian. Fedayi) 17 Subpoena for Documents on Santander 8/9/2022 No; Defendants moved to quash on Yes N/A Bank (bank for company and individual September 16, 2022.The Court denied accounts) the motion on FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1040 RECEIVED NYSCEF: 01/09/2023 18 Subpoena for Documents and Testimony 9/2/2022 No Yes No on Jessica Mojica of Christiana Trust 19 Subpoena for Documents and Testimony 9/19/2022 October 27, 2022. Defendants previously produced No on non-party Allen Beck (current responsive communications with Beck in accountant) their own productions and produced documents on behalf of Beck & Baumann, CPA, LLP. 20 Subpoena for Documents and Testimony 9/19/2022 October 27, 2022. Defendants produced documents on At 11:30pm on December 19, 2022, on non-party Phillip Michaels behalf of NRF, including Mr. Michaels's Yasemin attempted to schedule the custodial documents. subpoena for December 22, 23, 26, or 27. Michaels was not available on those dates. 21 Goldberg Weprin Finkel Goldstein LLP10/26/2022 No No No