Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023
EXHIBIT 8
Defendants’ Responses and Objections to
Plaintiff’s Fourth Set of Requests for Production
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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 The Yasemin Tekiner 2011 Descendants Commercial Division Part 3
Trust and derivatively as a holder of equitable
interests in a shareholder or a member of the Company Hon. Joel M. Cohen
Defendants
DEFENDANTS’ RESPONSES AND
Plaintiff, OBJECTIONS TO PLAINTIFF’S
FOURTH REQUEST FOR
-against- PRODUCTION
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.
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.
Pursuant to Section 3122 of the New York Civil Practice Law and Rules, Defendants
BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., (collectively the “Companies” or
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“Company Defendants”), BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK (with
the Company Defendants, the “Defendants”) by and through their undersigned counsel, respond
as follows to Plaintiff’s Fourth Request for Production of Documents, dated August 18, 2022 (the
“Requests” and each, a “Request” ):
GENERAL OBJECTIONS
1. Defendants object to the Requests to the extent they purport to impose obligations
beyond or inconsistent with the CPLR and the Uniform Civil Rules for the Supreme Court, the
Rules of the Commercial Division, or Part 14 Rules.
2. Defendants object to the Requests to the extent they call for the disclosure of
information or the production of documents protected by the attorney-client privilege, attorney
work-product doctrine, or any other applicable privilege, or that are otherwise protected from
disclosure under applicable privileges, immunities, statutes, regulations, or rules. The inadvertent
production of any document which is confidential or which contains confidential or proprietary
information or is privileged under any relevant doctrine under law, or was prepared in anticipation
of litigation or for trial, shall not constitute a waiver of any such privilege or of any other ground
for objection to discovery with respect to such document, the information contained therein, or the
subject matter thereof, or of Defendants’ right to object to the use of such document or information
contained therein during the trial of this matter.
3. Defendants object to the Requests to the extent they seek documents and/or
information that are not material and necessary in the prosecution or defense of this action.
4. Defendants object to the Requests to the extent they seek the production of
documents in the possession, custody, or control of persons or entities other than Defendants.
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5. Defendants object to the Requests to the extent they seek confidential or proprietary
information.
6. Defendants’ responses are made without waiving or intending to waive, but,
instead, preserving and intending to preserve:
a. The right to raise all questions of authenticity, relevancy, materiality, privilege,
and admissibility as evidence for any purpose with respect to the information
provided in response to these Requests, which may arise in any subsequent
proceeding in, or the trial of, this or any other action;
b. The right to object on any ground at any time to other Requests or other
discovery involving the information or the subject matter thereof;
c. The right to supplement or amend responses if Plaintiff uncovers additional
information called for by these Requests, as Plaintiff’s investigation of the facts
has not been completed.
7. Neither an indication that documents will be produced nor an objection to a
particular Request indicates that documents responsive to that Request exist. By agreeing to
comply with a particular Request, Plaintiff represents only that it will conduct a reasonably diligent
search for documents and, subject to all objections, produce non-objectionable, non-privileged
documents responsive thereto.
8. Defendants reserve their right to supplement these responses with any non-
privileged, responsive information it subsequently may discover.
9. Defendants object to Definition No. 1, defining the term “Companies,” as overly
broad, vague, ambiguous, and unduly burdensome, because it includes “officers, directors,
employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates,
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predecessors, successors, [and] attorneys” of the Companies, as well as “any persons acting or
purporting to act on their behalf.” Defendants will understand “Companies” to mean Defendants
Bremen House, Inc. and German News Company, Inc. only.
10. Defendants object to Definition No. 2, defining the term “Defendants,” as overly
broad, vague, ambiguous, and unduly burdensome, because it includes “officers, directors,
employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates,
predecessors, successors, [and] attorneys” of Defendants, as well as “any persons acting or
purporting to act on their behalf.” For purposes of this response, Defendants will understand
“Defendants” to mean the named Defendants in this action only.
11. Defendants object to Definition No. 3, defining the term, “Yasemin,” as overly
broad, vague, ambiguous, and unduly burdensome because it includes in that definition undefined
“partners, employees, agents, attorneys, and any persons acting or purporting to act on her behalf”
as Defendants do not know who all of these individuals or entities are or could be. For purposes
of this response, Defendants will understand “Yasemin” to mean Yasemin Tekiner only.
12. Defendants object to Definition No. 7, defining the term, “communication” as
overly broad, vague, ambiguous, and unduly burdensome to the extent it includes oral
communications that are not recorded in a written or electronic medium.
13. Defendants object to Definition No. 9, defining the term, “document” to the extent
that it exceeds the scope of CPLR Article 31 and the Commercial Division Rules. Defendants also
object to the definition as overly broad, vague, ambiguous, and unduly burdensome to the extent
it sees oral communications that are not recorded in a written or electronic medium.
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14. Defendants object to Instruction Nos. 7 and 10 to the extent they seek to impose
obligations on Defendant beyond the requirements of CPLR Article 31 and the Commercial
Division Rules.
15. Defendants object to Instruction No. 7 as unduly burdensome and unreasonable in
light of the effort and expense to locate the information because it seeks to impose unreasonable
requirements on the form of Defendants’ production of electronically stored information (“ESI”).
16. Defendants object to Instruction No. 10 because it defines the relevant time period
for all of the Requests as “January 1, 2011 to the present,” which period is overly broad, unduly
burdensome, and unreasonable in light of the effort and expense to locate the information.
Moreover, this time period excessively pre-dates any statute of limitations applicable to Plaintiff’s
claims.
17. Defendants’ General Objections set forth in this section shall be deemed to continue
throughout the responses to the specific Requests described below, even where not further referred
to in such responses.
SPECIFIC RESPONSES & OBJECTIONS
DOCUMENT REQUEST NO. 1:
A current listing of all assets and liabilities of the Company, including but not limited to any
mortgages or other debts of the Company.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request as vague and ambiguous in its use of the capitalized term
“Company,” which is not defined. Defendants further object to this Request as duplicative of
Yasemin’s First Request for Production (“RFP”) Nos. 5, 10 and 36, Yasemin’s Second RFP Nos.
7 and 8, and Yasemin’s Third RFP No. 15.
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Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc.
Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 5, 10,
36; Second RFP Nos. 7-8; Third RFP No. 15; and to their production of Bremen House’s books
and records.
DOCUMENT REQUEST NO. 2:
The annual balance sheets and profit and loss statements for the Company.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request as vague and ambiguous in its use of the capitalized
term “Company,” which is not defined. Defendants further object to this Request as duplicative
of Yasemin’s First RFP Nos. 11 and 36, Yasemin’s Second RFP No. 7, and Yasemin’s Third RFP
No. 15. Defendants further object to this Request as overly broad and unduly burdensome as it
does not specify a time period for the documents requested.
Defendants further object to this Request as harassing and vexatious as duplicative of
Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer
Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 11 and 36, Yasemin’s
Second RFP No. 7, and Yasemin’s Third RFP No. 15; and to their production of Bremen House’s
books and records.
DOCUMENT REQUEST NO. 3:
All appraisals, valuations, or similar analyses concerning the market value of any properties
owned, managed or previously owned, by the Company.
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RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request as vague and ambiguous in its use of the capitalized
term “Company,” which is not defined. Defendants further object to this Request as duplicative
of Yasemin’s First RFP Nos. 8, 9 and 27, and Yasemin’s Second RFP Nos. 12 and 16.
Defendants further object to this Request as harassing and vexatious as duplicative of
Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer
Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 8, 9 and 27, and
Yasemin’s Second RFP Nos. 12 and 16; and to their production of Bremen House’s books and
records.
DOCUMENT REQUEST NO. 4:
All documents or other records relating to the terms of purchase and the source of the purchase
price for the purchase and the terms of sale for the recent sale and use of sales proceeds for the
property located at 5 Georgetowne North located in Greenwich, CT.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 1
and 37, and Yasemin’s Second RFP No. 15.
Defendants further object to this Request as harassing and vexatious as duplicative of
Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer
Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 1 and 37, and Yasemin’s
Second RFP No. 15; and to their production of Bremen House’s books and records.
DOCUMENT REQUEST NO. 5:
All documents or other records relating to the terms of purchase and the source of the purchase
price for the purchase for an apartment located at 124 East 79th Street, including but not limited to
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all documents that support Berrin Tekiner’s statement, in paragraph 31 of her March 24, 2022
affidavit in opposition to Yasemin’s motion for leave to renew, that she funded the purchase of
124 East 79th Street, Apt. 12C/D, New York, New York with her “own personal money.”
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to Request No. 5 because it seeks information that is not material
and necessary to the claims or defenses in this case, and is unduly burdensome and harassing in
seeking “[a]ll documents and other records” concerning issues related to the sale of a property that
was never owned by or purchased with the funds of either of the Company Defendants. Defendants
decline to search for documents responsive to this Request.
DOCUMENT REQUEST NO. 6:
All documents or other records relating to the terms of sale and use of sales proceeds for apartments
located at 40 East 78th Street, 140 East 63rd Street, and 177 East 77th Street and for the property
located at 15 Brookby Road, Scarsdale, New York.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 1
and 37, and Yasemin’s Second RFP No. 15.
Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House,
Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 1
and 37, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books and
records.
DOCUMENT REQUEST NO. 7:
All documents relating to the reorganization of the Company’s subsidiaries that hold its Texas
shopping center properties and the formation of Breme La Porte and Bremen Miami.
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RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request as vague and ambiguous in its use of the capitalized
term “Company,” which is not defined, and to the extent it refers to “Breme La Porte,” which is
not one of the Company Defendants’ subsidiaries. Defendants further object to this Request as
duplicative of Yasemin’s First RFP No. 28, as well as Request Nos. 10-19 in her Fourth RFP.
Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House,
Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP No. 28,
as well as Request Nos. 10-19 in her Fourth Requests for Production; and to their production of
Bremen House’s books and records.
DOCUMENT REQUEST NO. 8:
All board materials, including but not limited to, meeting minutes, agendas, notes decks,
presentation material, consents and/or resolutions.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 31
and 32. Defendants further object to the Request as overly broad and unduly burdensome.
Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House,
Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 31
and 32; and to their production of Bremen House’s books and records.
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DOCUMENT REQUEST NO. 9:
All documents concerning: (a) the “[a]dministrative fees” in the amount of $1,246,268, and the
“[m]anagement fees” in the amount of $534,694, as reflected in BREM00000120; (b) the
“[a]dministrative fees” in the amount of $1,743,581, as reflected in BREM00000033; (c) the
“[a]dministrative fees” in the amount of $682,891, and the “management fees” in the amount of
$292,985, as reflected in BREM00000018; (d) the “[M]anagement & administrative fees” in the
amount of $811,095, as reflected in BREM00000027; and (e) any “administrative fees” and/or
“management fees” that have been paid since December 1, 2020 by any of the Companies or by 254-
258 W. 35th St. LLC.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request in that it seeks information that is not material and
necessary to the claims and defenses in the case. Defendants further object to this Request as overly
broad and unduly burdensome to the extent it seeks “[a]ll documents concerning” four particular
line items with no relevance to the claims and defenses in this action, found in various of the
Companies’ produced financial records, as well as “[a]ll documents concerning,” without
limitation, “any ‘administrative fees’ and/or ‘management fees’ that have been paid since December
1, 2020 by any of the Companies. Defendants further object to the extent the Request seeks
documents from parties that have been dismissed from the case. Defendants further object to this
Request on the grounds that it seeks information that is more properly the subject of deposition
testimony.
Defendants decline to search for or produce documents responsive to this Request.
DOCUMENT REQUEST NO. 10:
All documents concerning the tax forfeiture of Bremen House Texas in February 2020.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request in that it seeks information that is not material and
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necessary to the claims and defenses in the case and is overly broad and unduly burdensome in
seeking “[a]ll” documents concerning the topic identified, some of which are not material and
necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and
expense necessary to obtain the information. Defendants further object to this Request as vague,
incoherent, and/or and ambiguous to the extent “tax forfeiture” is not defined. Defendants further
object to this Request as duplicative of Yasemin’s First RFP No. 81.
As such, Defendants are unable to respond to this Request as written and will not produce
documents responsive to this Request until the parties have met and conferred.
DOCUMENT REQUEST NO. 11:
All documents concerning the “forfeited existence” of Bremen House Texas in February 2020.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object on the ground that this Request is vague, incoherent, and/or ambiguous,
including in its use of the term “forfeited existence” without further explanation. Defendants
further object to this Request in that it seeks information that is not material and necessary to the
claims and defenses in the case and is overly broad and unduly burdensome in seeking “[a]ll”
documents concerning the topic identified, some of which are not material and necessary to the
claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary
to obtain the information. Defendants further object to this Request as duplicative of Yasemin’s
First RFP No. 81.
As such, Defendants are unable to respond to this Request as written and will not produce
documents responsive to this Request until the parties have met and conferred.
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DOCUMENT REQUEST NO. 12:
All documents concerning the dissolution of Bremen House Texas on or about February 28, 2020.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request in that it seeks information that is not material
and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome
in seeking “[a]ll” documents concerning the topic identified, some of which is not material and
necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and
expense necessary to obtain the information.
Subject to and without waiver of the foregoing objections, Defendants will produce
documents sufficient to show the reorganization of Bremen House Texas in 2020 and 2021, to the
extent such non-privileged documents exist and are located pursuant to a reasonable search.
DOCUMENT REQUEST NO. 13:
All documents concerning the addition of “Corporate Service Company dba CBC” to Bremen
House Texas on or about April 30, 2021.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object on the ground that this Request is vague, incoherent, and/or
ambiguous, including in its use of the phrase “the addition of.”
As such, Defendants are unable to respond to this Request as written and will not produce
documents responsive to this Request until the parties have met and conferred.
DOCUMENT REQUEST NO. 14:
All documents concerning the reorganization of Bremen House Texas in May 2021.
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RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request in that it seeks information that is not material
and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome
in seeking “[a]ll” documents concerning the topic identified, some of which is not material and
necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and
expense necessary to obtain the information.
Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc.
Defendants refer to their production of Bremen House’s books and records.
Subject to and without waiver of the foregoing objections, Defendants will produce
documents sufficient to show the reorganization of Bremen House Texas in 2020 and 2021, to the
extent such non-privileged documents exist and are located pursuant to a reasonable search.
DOCUMENT REQUEST NO. 15:
All documents concerning the removal of Yasemin and Billur Akipek as directors of Bremen
House Texas.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request in that it seeks information that is not material
and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome
in seeking “[a]ll” documents concerning the topic identified, some of which is not material and
necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and
expense necessary to obtain the information.
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Subject to and without waiver of the foregoing objections, Defendants will produce
documents sufficient to show the reorganization of Bremen House Texas in 2020 and 2021, to the
extent such non-privileged documents exist and are located pursuant to a reasonable search.
DOCUMENT REQUEST NO. 16:
All documents concerning the properties and/or assets held by Bremen House Texas.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request in that it seeks information that is not material
and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome
in seeking “[a]ll” documents concerning the topic identified, some of which is not material and
necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and
expense necessary to obtain the information.
Defendants will not produce documents responsive to this Request until the parties have
met and conferred.
DOCUMENT REQUEST NO. 17:
All documents concerning the formation of Bremen House La Porte on March 1, 2021 in Delaware.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request in that it seeks information that is not material and
necessary to the claims and defenses in the case, and is overly broad and unduly burdensome in
seeking “[a]ll” documents concerning the topic identified, some of which are not material and
necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and
expense necessary to obtain the information. Defendants further object to this Request as
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duplicative of Yasemin’s First RFP No. 28, and Yasemin’s Fourth RFP No. 7. Defendants further
object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands
to inspect the books and records of Bremen House, Inc.
Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP No.
7, and Yasemin’s Fourth RFP No. 28 and to their production of Bremen House’s books and
records.
DOCUMENT REQUEST NO. 18:
All documents concerning the registration of Bremen House La Porte as a foreign limited liability
company in Texas on March 5, 2021.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request in that it seeks information that is not material and
necessary to the claims and defenses in the case and is overly broad and unduly burdensome in
seeking “[a]ll” documents concerning certain Bremen House, Inc. affiliates, some of which
documents are not material and necessary to the claims or defenses in the case, nor reasonable to
seek in light of the effort and expense necessary to obtain the information.
Defendants decline to search for or produce documents in response to this Request.
DOCUMENT REQUEST NO. 19:
All documents concerning properties and/or assets held by Bremen House La Porte, Bremen
House, LLC, Bremen House Miami LLC, and/or Bremen Town House Association from March
1, 2021 to present.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants object to this Request in that it seeks information that is not material and
necessary to the claims and defenses in the case and is overly broad and unduly burdensome in
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seeking “[a]ll” documents concerning certain Bremen House, Inc. affiliates, which documents are
not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of
the effort and expense necessary to obtain the information.
Defendants decline to search for or produce documents in response to this Request.
DOCUMENT REQUEST NO. 20:
All documents concerning Defendants’ attempts to market the 35th Street Property for sale.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 6,
37 and 41, and Yasemin’s Second RFP No. 15. Defendants further object to the extent that “the
35th Street Property” is not defined.
Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House,
Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 6,
37 and 41, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books
and records.
DOCUMENT REQUEST NO. 21:
All documents concerning any offers to purchase the 35th Street Property.
RESPONSE:
See response to Request No. 20.
DOCUMENT REQUEST NO. 22:
All documents concerning Defendants’ negotiations with any person relating to a proposed sale of
the 35th Street Property.
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RESPONSE:
See response to Request No. 20.
DOCUMENT REQUEST NO. 23:
All documents concerning Defendants’ communications with Marcus & Millichap relating to the
attempts to market the 35th Street Property for sale.
RESPONSE:
See response to Request No. 20.
DOCUMENT REQUEST NO. 24:
All documents concerning the sale of the 1320 Madison Property.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 6,
37 and 41, and Yasemin’s Second RFP No. 15.
Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House,
Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 6,
37 and 41, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books
and records.
DOCUMENT REQUEST NO. 25:
All documents concerning Defendants’ attempts to market the 1320 Madison Property for sale.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 6,
37 and 41, and Yasemin’s Second RFP No. 15.
17
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NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023
Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House,
Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 6,
37 and 41, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books
and records.
DOCUMENT REQUEST NO. 26:
All documents concerning Defendants’ negotiations with any person relating to a proposed sale of
the 1320 Madison Property.
RESPONSE:
Defendants incorporate by reference their General Objections as though fully set forth
herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 6,
37 and 41, and Yasemin’s Second RFP No. 15. Defendants further object to this Request as vague,
incoherent, overly broad and ambiguous with respect to “negotiations with any person.”
Defendants further object to this Request as harassing and vexatious because it is
duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House,
Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 6,
37 and 41, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books
and records.
DOCUMENT REQUEST NO. 27:
All documents concerning Defendants’ communications with Marcus & Millichap relating to the
attempts to market the 1320 Madison Property for sale.
18
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 65
Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 EXHIBIT 8 Defendants’ Responses and Objections to Plaintiff’s Fourth Set of Requests for Production FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 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 The Yasemin Tekiner 2011 Descendants Commercial Division Part 3 Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Hon. Joel M. Cohen Defendants DEFENDANTS’ RESPONSES AND Plaintiff, OBJECTIONS TO PLAINTIFF’S FOURTH REQUEST FOR -against- PRODUCTION 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. 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. Pursuant to Section 3122 of the New York Civil Practice Law and Rules, Defendants BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., (collectively the “Companies” or FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 “Company Defendants”), BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK (with the Company Defendants, the “Defendants”) by and through their undersigned counsel, respond as follows to Plaintiff’s Fourth Request for Production of Documents, dated August 18, 2022 (the “Requests” and each, a “Request” ): GENERAL OBJECTIONS 1. Defendants object to the Requests to the extent they purport to impose obligations beyond or inconsistent with the CPLR and the Uniform Civil Rules for the Supreme Court, the Rules of the Commercial Division, or Part 14 Rules. 2. Defendants object to the Requests to the extent they call for the disclosure of information or the production of documents protected by the attorney-client privilege, attorney work-product doctrine, or any other applicable privilege, or that are otherwise protected from disclosure under applicable privileges, immunities, statutes, regulations, or rules. The inadvertent production of any document which is confidential or which contains confidential or proprietary information or is privileged under any relevant doctrine under law, or was prepared in anticipation of litigation or for trial, shall not constitute a waiver of any such privilege or of any other ground for objection to discovery with respect to such document, the information contained therein, or the subject matter thereof, or of Defendants’ right to object to the use of such document or information contained therein during the trial of this matter. 3. Defendants object to the Requests to the extent they seek documents and/or information that are not material and necessary in the prosecution or defense of this action. 4. Defendants object to the Requests to the extent they seek the production of documents in the possession, custody, or control of persons or entities other than Defendants. 2 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 5. Defendants object to the Requests to the extent they seek confidential or proprietary information. 6. Defendants’ responses are made without waiving or intending to waive, but, instead, preserving and intending to preserve: a. The right to raise all questions of authenticity, relevancy, materiality, privilege, and admissibility as evidence for any purpose with respect to the information provided in response to these Requests, which may arise in any subsequent proceeding in, or the trial of, this or any other action; b. The right to object on any ground at any time to other Requests or other discovery involving the information or the subject matter thereof; c. The right to supplement or amend responses if Plaintiff uncovers additional information called for by these Requests, as Plaintiff’s investigation of the facts has not been completed. 7. Neither an indication that documents will be produced nor an objection to a particular Request indicates that documents responsive to that Request exist. By agreeing to comply with a particular Request, Plaintiff represents only that it will conduct a reasonably diligent search for documents and, subject to all objections, produce non-objectionable, non-privileged documents responsive thereto. 8. Defendants reserve their right to supplement these responses with any non- privileged, responsive information it subsequently may discover. 9. Defendants object to Definition No. 1, defining the term “Companies,” as overly broad, vague, ambiguous, and unduly burdensome, because it includes “officers, directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates, 3 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 predecessors, successors, [and] attorneys” of the Companies, as well as “any persons acting or purporting to act on their behalf.” Defendants will understand “Companies” to mean Defendants Bremen House, Inc. and German News Company, Inc. only. 10. Defendants object to Definition No. 2, defining the term “Defendants,” as overly broad, vague, ambiguous, and unduly burdensome, because it includes “officers, directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates, predecessors, successors, [and] attorneys” of Defendants, as well as “any persons acting or purporting to act on their behalf.” For purposes of this response, Defendants will understand “Defendants” to mean the named Defendants in this action only. 11. Defendants object to Definition No. 3, defining the term, “Yasemin,” as overly broad, vague, ambiguous, and unduly burdensome because it includes in that definition undefined “partners, employees, agents, attorneys, and any persons acting or purporting to act on her behalf” as Defendants do not know who all of these individuals or entities are or could be. For purposes of this response, Defendants will understand “Yasemin” to mean Yasemin Tekiner only. 12. Defendants object to Definition No. 7, defining the term, “communication” as overly broad, vague, ambiguous, and unduly burdensome to the extent it includes oral communications that are not recorded in a written or electronic medium. 13. Defendants object to Definition No. 9, defining the term, “document” to the extent that it exceeds the scope of CPLR Article 31 and the Commercial Division Rules. Defendants also object to the definition as overly broad, vague, ambiguous, and unduly burdensome to the extent it sees oral communications that are not recorded in a written or electronic medium. 4 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 14. Defendants object to Instruction Nos. 7 and 10 to the extent they seek to impose obligations on Defendant beyond the requirements of CPLR Article 31 and the Commercial Division Rules. 15. Defendants object to Instruction No. 7 as unduly burdensome and unreasonable in light of the effort and expense to locate the information because it seeks to impose unreasonable requirements on the form of Defendants’ production of electronically stored information (“ESI”). 16. Defendants object to Instruction No. 10 because it defines the relevant time period for all of the Requests as “January 1, 2011 to the present,” which period is overly broad, unduly burdensome, and unreasonable in light of the effort and expense to locate the information. Moreover, this time period excessively pre-dates any statute of limitations applicable to Plaintiff’s claims. 17. Defendants’ General Objections set forth in this section shall be deemed to continue throughout the responses to the specific Requests described below, even where not further referred to in such responses. SPECIFIC RESPONSES & OBJECTIONS DOCUMENT REQUEST NO. 1: A current listing of all assets and liabilities of the Company, including but not limited to any mortgages or other debts of the Company. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request as vague and ambiguous in its use of the capitalized term “Company,” which is not defined. Defendants further object to this Request as duplicative of Yasemin’s First Request for Production (“RFP”) Nos. 5, 10 and 36, Yasemin’s Second RFP Nos. 7 and 8, and Yasemin’s Third RFP No. 15. 5 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 5, 10, 36; Second RFP Nos. 7-8; Third RFP No. 15; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 2: The annual balance sheets and profit and loss statements for the Company. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request as vague and ambiguous in its use of the capitalized term “Company,” which is not defined. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 11 and 36, Yasemin’s Second RFP No. 7, and Yasemin’s Third RFP No. 15. Defendants further object to this Request as overly broad and unduly burdensome as it does not specify a time period for the documents requested. Defendants further object to this Request as harassing and vexatious as duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 11 and 36, Yasemin’s Second RFP No. 7, and Yasemin’s Third RFP No. 15; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 3: All appraisals, valuations, or similar analyses concerning the market value of any properties owned, managed or previously owned, by the Company. 6 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request as vague and ambiguous in its use of the capitalized term “Company,” which is not defined. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 8, 9 and 27, and Yasemin’s Second RFP Nos. 12 and 16. Defendants further object to this Request as harassing and vexatious as duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 8, 9 and 27, and Yasemin’s Second RFP Nos. 12 and 16; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 4: All documents or other records relating to the terms of purchase and the source of the purchase price for the purchase and the terms of sale for the recent sale and use of sales proceeds for the property located at 5 Georgetowne North located in Greenwich, CT. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 1 and 37, and Yasemin’s Second RFP No. 15. Defendants further object to this Request as harassing and vexatious as duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 1 and 37, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 5: All documents or other records relating to the terms of purchase and the source of the purchase price for the purchase for an apartment located at 124 East 79th Street, including but not limited to 7 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 all documents that support Berrin Tekiner’s statement, in paragraph 31 of her March 24, 2022 affidavit in opposition to Yasemin’s motion for leave to renew, that she funded the purchase of 124 East 79th Street, Apt. 12C/D, New York, New York with her “own personal money.” RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to Request No. 5 because it seeks information that is not material and necessary to the claims or defenses in this case, and is unduly burdensome and harassing in seeking “[a]ll documents and other records” concerning issues related to the sale of a property that was never owned by or purchased with the funds of either of the Company Defendants. Defendants decline to search for documents responsive to this Request. DOCUMENT REQUEST NO. 6: All documents or other records relating to the terms of sale and use of sales proceeds for apartments located at 40 East 78th Street, 140 East 63rd Street, and 177 East 77th Street and for the property located at 15 Brookby Road, Scarsdale, New York. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 1 and 37, and Yasemin’s Second RFP No. 15. Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 1 and 37, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 7: All documents relating to the reorganization of the Company’s subsidiaries that hold its Texas shopping center properties and the formation of Breme La Porte and Bremen Miami. 8 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request as vague and ambiguous in its use of the capitalized term “Company,” which is not defined, and to the extent it refers to “Breme La Porte,” which is not one of the Company Defendants’ subsidiaries. Defendants further object to this Request as duplicative of Yasemin’s First RFP No. 28, as well as Request Nos. 10-19 in her Fourth RFP. Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP No. 28, as well as Request Nos. 10-19 in her Fourth Requests for Production; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 8: All board materials, including but not limited to, meeting minutes, agendas, notes decks, presentation material, consents and/or resolutions. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 31 and 32. Defendants further object to the Request as overly broad and unduly burdensome. Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 31 and 32; and to their production of Bremen House’s books and records. 9 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 DOCUMENT REQUEST NO. 9: All documents concerning: (a) the “[a]dministrative fees” in the amount of $1,246,268, and the “[m]anagement fees” in the amount of $534,694, as reflected in BREM00000120; (b) the “[a]dministrative fees” in the amount of $1,743,581, as reflected in BREM00000033; (c) the “[a]dministrative fees” in the amount of $682,891, and the “management fees” in the amount of $292,985, as reflected in BREM00000018; (d) the “[M]anagement & administrative fees” in the amount of $811,095, as reflected in BREM00000027; and (e) any “administrative fees” and/or “management fees” that have been paid since December 1, 2020 by any of the Companies or by 254- 258 W. 35th St. LLC. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case. Defendants further object to this Request as overly broad and unduly burdensome to the extent it seeks “[a]ll documents concerning” four particular line items with no relevance to the claims and defenses in this action, found in various of the Companies’ produced financial records, as well as “[a]ll documents concerning,” without limitation, “any ‘administrative fees’ and/or ‘management fees’ that have been paid since December 1, 2020 by any of the Companies. Defendants further object to the extent the Request seeks documents from parties that have been dismissed from the case. Defendants further object to this Request on the grounds that it seeks information that is more properly the subject of deposition testimony. Defendants decline to search for or produce documents responsive to this Request. DOCUMENT REQUEST NO. 10: All documents concerning the tax forfeiture of Bremen House Texas in February 2020. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request in that it seeks information that is not material and 10 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 necessary to the claims and defenses in the case and is overly broad and unduly burdensome in seeking “[a]ll” documents concerning the topic identified, some of which are not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. Defendants further object to this Request as vague, incoherent, and/or and ambiguous to the extent “tax forfeiture” is not defined. Defendants further object to this Request as duplicative of Yasemin’s First RFP No. 81. As such, Defendants are unable to respond to this Request as written and will not produce documents responsive to this Request until the parties have met and conferred. DOCUMENT REQUEST NO. 11: All documents concerning the “forfeited existence” of Bremen House Texas in February 2020. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object on the ground that this Request is vague, incoherent, and/or ambiguous, including in its use of the term “forfeited existence” without further explanation. Defendants further object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case and is overly broad and unduly burdensome in seeking “[a]ll” documents concerning the topic identified, some of which are not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. Defendants further object to this Request as duplicative of Yasemin’s First RFP No. 81. As such, Defendants are unable to respond to this Request as written and will not produce documents responsive to this Request until the parties have met and conferred. 11 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 DOCUMENT REQUEST NO. 12: All documents concerning the dissolution of Bremen House Texas on or about February 28, 2020. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome in seeking “[a]ll” documents concerning the topic identified, some of which is not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. Subject to and without waiver of the foregoing objections, Defendants will produce documents sufficient to show the reorganization of Bremen House Texas in 2020 and 2021, to the extent such non-privileged documents exist and are located pursuant to a reasonable search. DOCUMENT REQUEST NO. 13: All documents concerning the addition of “Corporate Service Company dba CBC” to Bremen House Texas on or about April 30, 2021. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object on the ground that this Request is vague, incoherent, and/or ambiguous, including in its use of the phrase “the addition of.” As such, Defendants are unable to respond to this Request as written and will not produce documents responsive to this Request until the parties have met and conferred. DOCUMENT REQUEST NO. 14: All documents concerning the reorganization of Bremen House Texas in May 2021. 12 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome in seeking “[a]ll” documents concerning the topic identified, some of which is not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer to their production of Bremen House’s books and records. Subject to and without waiver of the foregoing objections, Defendants will produce documents sufficient to show the reorganization of Bremen House Texas in 2020 and 2021, to the extent such non-privileged documents exist and are located pursuant to a reasonable search. DOCUMENT REQUEST NO. 15: All documents concerning the removal of Yasemin and Billur Akipek as directors of Bremen House Texas. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome in seeking “[a]ll” documents concerning the topic identified, some of which is not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. 13 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 Subject to and without waiver of the foregoing objections, Defendants will produce documents sufficient to show the reorganization of Bremen House Texas in 2020 and 2021, to the extent such non-privileged documents exist and are located pursuant to a reasonable search. DOCUMENT REQUEST NO. 16: All documents concerning the properties and/or assets held by Bremen House Texas. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome in seeking “[a]ll” documents concerning the topic identified, some of which is not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. Defendants will not produce documents responsive to this Request until the parties have met and conferred. DOCUMENT REQUEST NO. 17: All documents concerning the formation of Bremen House La Porte on March 1, 2021 in Delaware. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case, and is overly broad and unduly burdensome in seeking “[a]ll” documents concerning the topic identified, some of which are not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. Defendants further object to this Request as 14 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 duplicative of Yasemin’s First RFP No. 28, and Yasemin’s Fourth RFP No. 7. Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP No. 7, and Yasemin’s Fourth RFP No. 28 and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 18: All documents concerning the registration of Bremen House La Porte as a foreign limited liability company in Texas on March 5, 2021. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case and is overly broad and unduly burdensome in seeking “[a]ll” documents concerning certain Bremen House, Inc. affiliates, some of which documents are not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. Defendants decline to search for or produce documents in response to this Request. DOCUMENT REQUEST NO. 19: All documents concerning properties and/or assets held by Bremen House La Porte, Bremen House, LLC, Bremen House Miami LLC, and/or Bremen Town House Association from March 1, 2021 to present. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants object to this Request in that it seeks information that is not material and necessary to the claims and defenses in the case and is overly broad and unduly burdensome in 15 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 seeking “[a]ll” documents concerning certain Bremen House, Inc. affiliates, which documents are not material and necessary to the claims or defenses in the case, nor reasonable to seek in light of the effort and expense necessary to obtain the information. Defendants decline to search for or produce documents in response to this Request. DOCUMENT REQUEST NO. 20: All documents concerning Defendants’ attempts to market the 35th Street Property for sale. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 6, 37 and 41, and Yasemin’s Second RFP No. 15. Defendants further object to the extent that “the 35th Street Property” is not defined. Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 6, 37 and 41, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 21: All documents concerning any offers to purchase the 35th Street Property. RESPONSE: See response to Request No. 20. DOCUMENT REQUEST NO. 22: All documents concerning Defendants’ negotiations with any person relating to a proposed sale of the 35th Street Property. 16 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 RESPONSE: See response to Request No. 20. DOCUMENT REQUEST NO. 23: All documents concerning Defendants’ communications with Marcus & Millichap relating to the attempts to market the 35th Street Property for sale. RESPONSE: See response to Request No. 20. DOCUMENT REQUEST NO. 24: All documents concerning the sale of the 1320 Madison Property. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 6, 37 and 41, and Yasemin’s Second RFP No. 15. Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 6, 37 and 41, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 25: All documents concerning Defendants’ attempts to market the 1320 Madison Property for sale. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 6, 37 and 41, and Yasemin’s Second RFP No. 15. 17 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1039 RECEIVED NYSCEF: 01/09/2023 Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 6, 37 and 41, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 26: All documents concerning Defendants’ negotiations with any person relating to a proposed sale of the 1320 Madison Property. RESPONSE: Defendants incorporate by reference their General Objections as though fully set forth herein. Defendants further object to this Request as duplicative of Yasemin’s First RFP Nos. 6, 37 and 41, and Yasemin’s Second RFP No. 15. Defendants further object to this Request as vague, incoherent, overly broad and ambiguous with respect to “negotiations with any person.” Defendants further object to this Request as harassing and vexatious because it is duplicative of Plaintiffs’ demands to inspect the books and records of Bremen House, Inc. Defendants refer Yasemin to their Responses and Objections to Yasemin’s First RFP Nos. 6, 37 and 41, and Yasemin’s Second RFP No. 15; and to their production of Bremen House’s books and records. DOCUMENT REQUEST NO. 27: All documents concerning Defendants’ communications with Marcus & Millichap relating to the attempts to market the 1320 Madison Property for sale. 18 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 65