Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023
EXHIBIT 40
Transcript of October 12, 2022 Deposition of Gonca Chelsea
FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023
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SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
---------------------------------------------X
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,
Plaintiff,
-against- Index No.:
657193/2020
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.
---------------------------------------------X
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.
----------------------------------------------X
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2 October 12, 2022
3 10:08 A.M.
4
5 EXAMINATION BEFORE TRIAL of GONCA CHELSEA, the
6 Witness herein, taken by the attorneys for the
7 respective parties, pursuant to Notice, held
8 remotely, before Melissa Leonetti, RPR, a Notary
9 Public of the State of New York.
10
11 - - - -
12
13
14
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2 A P P E A R A N C E S:
3
4 FOLEY HOAG, LLP
Attorneys for Plaintiff Yasemin Tekiner
5 1301 6th Avenue
New York, New York 10019
6
BY: STEPHEN P. YOUNGER, ESQ.
7 spyounger@foleyhoag.com
8 JOANNA McDONOUGH
jmcdonough@foleyhoag.com
9
10 PARKER IBRAHIM & BERG, LLP
Attorneys for Plaintiff Yasemin Tekiner
11 5 Penn Plaza, Suite 2371
New York, New York 10001
12
BY: SCOTT W. PARKER, ESQ.
13 scott.parker@piblaw.com
14 SANJAY P. IBRAHIM
sanjay.ibrahim@piblaw.com
15
16 PRYOR CASHMAN, LLP
Attorneys for the Defendants
17 7 Times Square, 40th Floor
New York, New York 10036
18
BY: TODD E. SOLOWAY, ESQ.
19 tsoloway@pryorcashman.com
20 RACHEL E. SHAW, ESQ.
rshaw@pryorcashman.com
21
BRYAN T. MOHLER, ESQ.
22 bmohler@pryorcashman.com
23 MEGHAN E. HILL, ESQ.
mhill@pryorcashman.com
24
25
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2 KAHN & GOLDBERG, LLP
Attorneys for Plaintiff Zeynep Tekiner
3 555 5th Avenue, 14th Floor
New York, New York 10017
4
BY: MICHELE KAHN, ESQ.
5 mk@kahngoldberg.com
6
7
8
9
10 ALSO PRESENT:
11 YASEMIN TENIKER
12 BERRIN TEKINER
13 ZEYNEP TEKINER
14
15
16
17
18
19
20
21
22
23
24
25
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2 G O N C A C H E L S E A, after having first been
3 duly sworn by a Notary Public of the State of New
4 York, was examined and testified as follows:
5 EXAMINATION BY
6 STEPHEN P. YOUNGER, ESQ.:
7 Q. Can you state your name and address for
8 the record, please.
9 A. Gonca Chelsea. I live at 19 Keyser Road,
10 Westport, Connecticut.
11 (Reporter clarification.)
12 Q. Good morning. My name is Stephen
13 Younger. I represent plaintiff Yasemin Tekiner.
14 She's your sister; is that correct?
15 A. That's correct.
16 Q. Okay.
17 And you said your name was Gonca
18 Chelsea?
19 A. Yes.
20 Q. When did you change it?
21 A. When I got married to my husband.
22 Q. When was that?
23 A. That was in December.
24 Q. Of this year?
25 A. No.
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2 Q. Last year?
3 A. 2020.
4 Q. Okay.
5 And you've stated your address. How
6 long have you lived at that address?
7 A. Since June.
8 Q. Of what year?
9 A. Of this year, '22.
10 Q. We have noticed this deposition of you,
11 Gonca Chelsea, in your capacity as a defendant.
12 Do you understand that?
13 A. Yes.
14 Q. Are you also having been substituted as a
15 deposition witness for the company, Shadan
16 Guzbuturk?
17 MR. SOLOWAY: Steve, I just want to
18 interject that I don't think you've ever
19 served a deposition notice on the company.
20 Q. You understand that you're here
21 substituting for Shadan Guzbuturk as well as
22 testifying for yourself?
23 MR. SOLOWAY: If you know.
24 A. I don't know. I don't know that I'm here
25 for Shadan.
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2 Q. So nobody ever told you that?
3 A. No.
4 MR. YOUNGER: And we're reserving all
5 our rights in that regard.
6 We're also awaiting production of
7 various documents, a portion of which are
8 pending a motion before the judge, and we're
9 reserving all rights to recall you should
10 those documents be produced later.
11 Q. Where are you currently located today?
12 A. The city, New York City.
13 Q. Where?
14 A. In my attorney's office.
15 Q. Where is that?
16 A. 7 Times Square.
17 Q. Is there anyone else in the room with you
18 today?
19 A. Yes.
20 Q. Who?
21 A. My attorneys.
22 Q. Who is that?
23 A. Todd Soloway, Meghan Hill, and Bryan
24 Mohler.
25 Q. Okay.
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2 What is your date of birth?
3 A. July 2, 1975.
4 Q. Did you bring any documents or notes with
5 you today?
6 A. No.
7 Q. Do you have any devices with you that can
8 receive messages such as text, chat, email,
9 et cetera?
10 A. I have my phone in the room.
11 Q. Okay.
12 Is it on your person?
13 A. No. It's not on my person, no.
14 Q. Is there any reason you cannot give us
15 full and complete testimony today?
16 A. No.
17 Q. Are you taking any medications that would
18 impair your ability to testify today?
19 A. No.
20 Q. Have you been deposed before?
21 A. No.
22 Q. I'll do my best not to talk over you.
23 Please do the same. I'll also ask that you give a
24 verbal yes or no. I think that you've done well so
25 far. It makes the court reporter's job a lot
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2 easier.
3 Also, if you answer a question, I'm
4 going to assume that you understood my question.
5 You've already told me that you didn't understand
6 some questions, which I appreciate.
7 Is that okay with you?
8 A. Yes.
9 Q. And please try to answer my questions as
10 fully and completely as you can.
11 Is that okay?
12 A. Yes.
13 Q. We'll take breaks today. My practice is
14 to break every hour or so, but if you want a break,
15 please let me know. We'll try to accommodate it.
16 You just cannot break in the middle of a question.
17 Is that all right?
18 A. Sure.
19 Q. Okay.
20 Who is paying for your lawyer today?
21 A. My company.
22 Q. Okay.
23 Today we'll refer to the company in
24 reference to Bremen House, German News --
25 A. Bremen House --
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2 Q. -- and their subsidiaries.
3 If you want to refer to a specific
4 company, can you let me know? Is that okay?
5 A. Okay.
6 Q. So is it Bremen that's paying your legal
7 bills?
8 A. Yes.
9 Q. Has the company been represented by any
10 other lawyers in connection with this lawsuit?
11 A. Previously, yes.
12 Q. What law firm was that?
13 A. Norton Rose Fulbright.
14 Q. And they also represent your mother
15 individually; is that correct?
16 A. Yes.
17 Q. Have they ever represented you
18 individually?
19 A. Yes.
20 Q. And without going into the details, what
21 types of matters has Norton Rose represented you on?
22 Without the substance of what you discussed.
23 MR. SOLOWAY: I just want to note for
24 the record we're preserving any potential
25 privilege objection here based on what the
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2 witness may say.
3 You can answer.
4 A. Norton Rose provided my employment
5 agreement.
6 Q. Were they representing you in connection
7 with that employment agreement?
8 A. Yes.
9 Q. Were they also representing the company?
10 A. Yes.
11 Q. Do you know what a conflict waiver is?
12 A. I'm not sure.
13 Q. Did anybody ever advise you -- you can
14 answer this yes or no -- as to whether Norton Rose
15 Fulbright needed to waive any conflicts in
16 connection with that representation?
17 MR. SOLOWAY: Objection. Privileged.
18 Do not answer.
19 Q. Well, in terms of the company that the
20 judge has already ruled, has anyone advised you as a
21 company officer that Norton Rose had any conflicts
22 in connection with any matter that they represented
23 the company on?
24 MR. SOLOWAY: You can answer.
25 A. No.
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2 Q. When did you first speak with a lawyer
3 from Pryor Cashman about this case? And just give
4 me a date without talking about the substance.
5 A. I don't remember. A few months ago.
6 Q. Was it before June of this year?
7 A. I don't remember. I don't remember. I'm
8 sorry.
9 Q. Was it before May?
10 A. I don't think so, no.
11 Q. Okay.
12 When is the earliest you remember
13 talking to Pryor Cashman about this case?
14 A. July. I don't remember.
15 Q. Who is the first lawyer at Pryor Cashman
16 you spoke to?
17 A. Mr. Soloway.
18 Q. Anybody else at that time?
19 A. I'm not sure what time you're referring
20 to. When I first spoke with Mr. Soloway?
21 Q. Yes.
22 A. I spoke with Mr. Soloway. Right.
23 Q. Anybody else in that conversation?
24 A. No. It was just me and Mr. Soloway on
25 the phone.
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2 Q. Okay.
3 And had your mother spoken to
4 Mr. Soloway before you or were you the first one,
5 so far as you know?
6 A. I was the first one.
7 Q. When did your mother first talk to
8 Mr. Soloway, to your knowledge?
9 A. I don't remember.
10 Q. Okay.
11 MR. YOUNGER: We're going to mark the
12 first exhibit. Tab 1. It's Bremen 329796.
13 This is Plaintiff's Exhibit 55.
14 (Whereupon, a letter was marked as
15 Plaintiff's Exhibit 55 for identification, as
16 of this date.)
17 Q. At the bottom of page 2, is that your
18 signature?
19 A. Yes.
20 MR. SOLOWAY: Can you blow this up,
21 Steve.
22 Q. Why don't you go to the top of this page.
23 Did you see this document in or about
24 August 2021?
25 A. Did I see it on August 21? I'm not sure
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2 of your question.
3 Q. Around that time.
4 A. Can you say the whole question in its
5 entirety again, please.
6 Q. Did you see Plaintiff's Exhibit 55 around
7 the time of that date, August 30, 2021?
8 A. Plaintiff's Exhibit? Is that a
9 Plaintiff's Exhibit? I'm not sure.
10 Q. This has been marked as Plaintiff's
11 Exhibit 55.
12 A. I see. Okay. I'm looking at the
13 exhibit. I'm not sure what you're asking me,
14 though.
15 Q. Do you remember seeing this document
16 sometime around August 2021? And it bears your
17 signature?
18 A. All right. Let me take a look at it and
19 I'll answer.
20 Q. Okay.
21 A. Okay. I remember this. Yes. Can you
22 scroll down. Yes, I see this letter.
23 Q. In August 2021, you asked Bremen and
24 German to pay your legal fees for this case; is that
25 correct?
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2 A. Yes.
3 Q. And were you aware that this case had
4 already been on file for seven months at this time?
5 A. Was I aware that this case was on file
6 for seven months at this time? I wasn't counting
7 the months. But -- I mean, if it was, it was.
8 Q. The case was filed in January of that
9 year; is that correct?
10 A. I'm not sure. I don't remember.
11 Q. You don't remember that this case was
12 filed right after Christmastime in --
13 MR. SOLOWAY: Objection.
14 (Simultaneous crosstalk.)
15 The witness answered your question,
16 Steve.
17 MR. YOUNGER: She can answer my
18 question.
19 MR. SOLOWAY: She answered the
20 question. She said she didn't remember.
21 Q. I'm asking a new question.
22 Is it fair to say that your sister
23 Yasemin sued the company and you and your mother
24 and Ms. Akipek?
25 A. You were cut off.
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2 Q. Are you aware that your sister Yasemin
3 brought a lawsuit against the company, you, your
4 mother, and Ms. Akipek?
5 A. Yes, I'm aware of that.
6 Q. And that's the lawsuit that's referenced
7 in that paragraph, correct?
8 A. Yes.
9 Q. And you're aware that there were
10 injunction hearings right after that case started,
11 right?
12 A. I don't remember.
13 Q. You're aware that your mother fired your
14 sister right after this case was filed, right?
15 MR. SOLOWAY: Objection to the term
16 "fired."
17 Q. You're aware that your mother fired your
18 sister, correct?
19 A. I'm aware that she fired my sister. I'm
20 not aware of what time or when that was.
21 Q. You're the presidency of this company.
22 You don't know when your sister was fired as the
23 director and --
24 A. I --
25 (Simultaneous crosstalk.)
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2 Q. You're not aware of when your sister was
3 fired as a director and officer of the company; is
4 that correct?
5 A. I'm not aware of the date.
6 Q. You're aware of roughly what time?
7 A. I'm not aware of what time, either. It
8 was around the time that she filed something against
9 us.
10 Q. Filed the lawsuit; is that correct?
11 A. Yes.
12 Q. Okay.
13 And are you aware that it happened
14 shortly after Christmas of 2019?
15 A. I believe so.
16 Q. Okay.
17 And believing that it happened shortly
18 after Christmas of 2019, why did it take the
19 company seven months for you to ask them to pay
20 for your legal fees?
21 A. Can you repeat the question, please.
22 Q. Why did it take the company roughly seven
23 months for you to ask them to advance your legal
24 fees?
25 MR. SOLOWAY: Objection to the form.
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2 You can answer.
3 A. I don't know. I'm not making the
4 connection that you're making.
5 Q. Was the company paying your legal fees
6 before this?
7 A. Yes.
8 Q. Without any approval
Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 EXHIBIT 40 Transcript of October 12, 2022 Deposition of Gonca Chelsea FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 1 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY ---------------------------------------------X 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, Plaintiff, -against- Index No.: 657193/2020 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. ---------------------------------------------X 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. ----------------------------------------------X FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 2 2 October 12, 2022 3 10:08 A.M. 4 5 EXAMINATION BEFORE TRIAL of GONCA CHELSEA, the 6 Witness herein, taken by the attorneys for the 7 respective parties, pursuant to Notice, held 8 remotely, before Melissa Leonetti, RPR, a Notary 9 Public of the State of New York. 10 11 - - - - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 3 2 A P P E A R A N C E S: 3 4 FOLEY HOAG, LLP Attorneys for Plaintiff Yasemin Tekiner 5 1301 6th Avenue New York, New York 10019 6 BY: STEPHEN P. YOUNGER, ESQ. 7 spyounger@foleyhoag.com 8 JOANNA McDONOUGH jmcdonough@foleyhoag.com 9 10 PARKER IBRAHIM & BERG, LLP Attorneys for Plaintiff Yasemin Tekiner 11 5 Penn Plaza, Suite 2371 New York, New York 10001 12 BY: SCOTT W. PARKER, ESQ. 13 scott.parker@piblaw.com 14 SANJAY P. IBRAHIM sanjay.ibrahim@piblaw.com 15 16 PRYOR CASHMAN, LLP Attorneys for the Defendants 17 7 Times Square, 40th Floor New York, New York 10036 18 BY: TODD E. SOLOWAY, ESQ. 19 tsoloway@pryorcashman.com 20 RACHEL E. SHAW, ESQ. rshaw@pryorcashman.com 21 BRYAN T. MOHLER, ESQ. 22 bmohler@pryorcashman.com 23 MEGHAN E. HILL, ESQ. mhill@pryorcashman.com 24 25 FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 4 2 KAHN & GOLDBERG, LLP Attorneys for Plaintiff Zeynep Tekiner 3 555 5th Avenue, 14th Floor New York, New York 10017 4 BY: MICHELE KAHN, ESQ. 5 mk@kahngoldberg.com 6 7 8 9 10 ALSO PRESENT: 11 YASEMIN TENIKER 12 BERRIN TEKINER 13 ZEYNEP TEKINER 14 15 16 17 18 19 20 21 22 23 24 25 FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 5 2 G O N C A C H E L S E A, after having first been 3 duly sworn by a Notary Public of the State of New 4 York, was examined and testified as follows: 5 EXAMINATION BY 6 STEPHEN P. YOUNGER, ESQ.: 7 Q. Can you state your name and address for 8 the record, please. 9 A. Gonca Chelsea. I live at 19 Keyser Road, 10 Westport, Connecticut. 11 (Reporter clarification.) 12 Q. Good morning. My name is Stephen 13 Younger. I represent plaintiff Yasemin Tekiner. 14 She's your sister; is that correct? 15 A. That's correct. 16 Q. Okay. 17 And you said your name was Gonca 18 Chelsea? 19 A. Yes. 20 Q. When did you change it? 21 A. When I got married to my husband. 22 Q. When was that? 23 A. That was in December. 24 Q. Of this year? 25 A. No. FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 6 2 Q. Last year? 3 A. 2020. 4 Q. Okay. 5 And you've stated your address. How 6 long have you lived at that address? 7 A. Since June. 8 Q. Of what year? 9 A. Of this year, '22. 10 Q. We have noticed this deposition of you, 11 Gonca Chelsea, in your capacity as a defendant. 12 Do you understand that? 13 A. Yes. 14 Q. Are you also having been substituted as a 15 deposition witness for the company, Shadan 16 Guzbuturk? 17 MR. SOLOWAY: Steve, I just want to 18 interject that I don't think you've ever 19 served a deposition notice on the company. 20 Q. You understand that you're here 21 substituting for Shadan Guzbuturk as well as 22 testifying for yourself? 23 MR. SOLOWAY: If you know. 24 A. I don't know. I don't know that I'm here 25 for Shadan. FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 7 2 Q. So nobody ever told you that? 3 A. No. 4 MR. YOUNGER: And we're reserving all 5 our rights in that regard. 6 We're also awaiting production of 7 various documents, a portion of which are 8 pending a motion before the judge, and we're 9 reserving all rights to recall you should 10 those documents be produced later. 11 Q. Where are you currently located today? 12 A. The city, New York City. 13 Q. Where? 14 A. In my attorney's office. 15 Q. Where is that? 16 A. 7 Times Square. 17 Q. Is there anyone else in the room with you 18 today? 19 A. Yes. 20 Q. Who? 21 A. My attorneys. 22 Q. Who is that? 23 A. Todd Soloway, Meghan Hill, and Bryan 24 Mohler. 25 Q. Okay. FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 8 2 What is your date of birth? 3 A. July 2, 1975. 4 Q. Did you bring any documents or notes with 5 you today? 6 A. No. 7 Q. Do you have any devices with you that can 8 receive messages such as text, chat, email, 9 et cetera? 10 A. I have my phone in the room. 11 Q. Okay. 12 Is it on your person? 13 A. No. It's not on my person, no. 14 Q. Is there any reason you cannot give us 15 full and complete testimony today? 16 A. No. 17 Q. Are you taking any medications that would 18 impair your ability to testify today? 19 A. No. 20 Q. Have you been deposed before? 21 A. No. 22 Q. I'll do my best not to talk over you. 23 Please do the same. I'll also ask that you give a 24 verbal yes or no. I think that you've done well so 25 far. It makes the court reporter's job a lot FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 9 2 easier. 3 Also, if you answer a question, I'm 4 going to assume that you understood my question. 5 You've already told me that you didn't understand 6 some questions, which I appreciate. 7 Is that okay with you? 8 A. Yes. 9 Q. And please try to answer my questions as 10 fully and completely as you can. 11 Is that okay? 12 A. Yes. 13 Q. We'll take breaks today. My practice is 14 to break every hour or so, but if you want a break, 15 please let me know. We'll try to accommodate it. 16 You just cannot break in the middle of a question. 17 Is that all right? 18 A. Sure. 19 Q. Okay. 20 Who is paying for your lawyer today? 21 A. My company. 22 Q. Okay. 23 Today we'll refer to the company in 24 reference to Bremen House, German News -- 25 A. Bremen House -- FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 10 2 Q. -- and their subsidiaries. 3 If you want to refer to a specific 4 company, can you let me know? Is that okay? 5 A. Okay. 6 Q. So is it Bremen that's paying your legal 7 bills? 8 A. Yes. 9 Q. Has the company been represented by any 10 other lawyers in connection with this lawsuit? 11 A. Previously, yes. 12 Q. What law firm was that? 13 A. Norton Rose Fulbright. 14 Q. And they also represent your mother 15 individually; is that correct? 16 A. Yes. 17 Q. Have they ever represented you 18 individually? 19 A. Yes. 20 Q. And without going into the details, what 21 types of matters has Norton Rose represented you on? 22 Without the substance of what you discussed. 23 MR. SOLOWAY: I just want to note for 24 the record we're preserving any potential 25 privilege objection here based on what the FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 11 2 witness may say. 3 You can answer. 4 A. Norton Rose provided my employment 5 agreement. 6 Q. Were they representing you in connection 7 with that employment agreement? 8 A. Yes. 9 Q. Were they also representing the company? 10 A. Yes. 11 Q. Do you know what a conflict waiver is? 12 A. I'm not sure. 13 Q. Did anybody ever advise you -- you can 14 answer this yes or no -- as to whether Norton Rose 15 Fulbright needed to waive any conflicts in 16 connection with that representation? 17 MR. SOLOWAY: Objection. Privileged. 18 Do not answer. 19 Q. Well, in terms of the company that the 20 judge has already ruled, has anyone advised you as a 21 company officer that Norton Rose had any conflicts 22 in connection with any matter that they represented 23 the company on? 24 MR. SOLOWAY: You can answer. 25 A. No. FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 12 2 Q. When did you first speak with a lawyer 3 from Pryor Cashman about this case? And just give 4 me a date without talking about the substance. 5 A. I don't remember. A few months ago. 6 Q. Was it before June of this year? 7 A. I don't remember. I don't remember. I'm 8 sorry. 9 Q. Was it before May? 10 A. I don't think so, no. 11 Q. Okay. 12 When is the earliest you remember 13 talking to Pryor Cashman about this case? 14 A. July. I don't remember. 15 Q. Who is the first lawyer at Pryor Cashman 16 you spoke to? 17 A. Mr. Soloway. 18 Q. Anybody else at that time? 19 A. I'm not sure what time you're referring 20 to. When I first spoke with Mr. Soloway? 21 Q. Yes. 22 A. I spoke with Mr. Soloway. Right. 23 Q. Anybody else in that conversation? 24 A. No. It was just me and Mr. Soloway on 25 the phone. FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 13 2 Q. Okay. 3 And had your mother spoken to 4 Mr. Soloway before you or were you the first one, 5 so far as you know? 6 A. I was the first one. 7 Q. When did your mother first talk to 8 Mr. Soloway, to your knowledge? 9 A. I don't remember. 10 Q. Okay. 11 MR. YOUNGER: We're going to mark the 12 first exhibit. Tab 1. It's Bremen 329796. 13 This is Plaintiff's Exhibit 55. 14 (Whereupon, a letter was marked as 15 Plaintiff's Exhibit 55 for identification, as 16 of this date.) 17 Q. At the bottom of page 2, is that your 18 signature? 19 A. Yes. 20 MR. SOLOWAY: Can you blow this up, 21 Steve. 22 Q. Why don't you go to the top of this page. 23 Did you see this document in or about 24 August 2021? 25 A. Did I see it on August 21? I'm not sure FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 14 2 of your question. 3 Q. Around that time. 4 A. Can you say the whole question in its 5 entirety again, please. 6 Q. Did you see Plaintiff's Exhibit 55 around 7 the time of that date, August 30, 2021? 8 A. Plaintiff's Exhibit? Is that a 9 Plaintiff's Exhibit? I'm not sure. 10 Q. This has been marked as Plaintiff's 11 Exhibit 55. 12 A. I see. Okay. I'm looking at the 13 exhibit. I'm not sure what you're asking me, 14 though. 15 Q. Do you remember seeing this document 16 sometime around August 2021? And it bears your 17 signature? 18 A. All right. Let me take a look at it and 19 I'll answer. 20 Q. Okay. 21 A. Okay. I remember this. Yes. Can you 22 scroll down. Yes, I see this letter. 23 Q. In August 2021, you asked Bremen and 24 German to pay your legal fees for this case; is that 25 correct? FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 15 2 A. Yes. 3 Q. And were you aware that this case had 4 already been on file for seven months at this time? 5 A. Was I aware that this case was on file 6 for seven months at this time? I wasn't counting 7 the months. But -- I mean, if it was, it was. 8 Q. The case was filed in January of that 9 year; is that correct? 10 A. I'm not sure. I don't remember. 11 Q. You don't remember that this case was 12 filed right after Christmastime in -- 13 MR. SOLOWAY: Objection. 14 (Simultaneous crosstalk.) 15 The witness answered your question, 16 Steve. 17 MR. YOUNGER: She can answer my 18 question. 19 MR. SOLOWAY: She answered the 20 question. She said she didn't remember. 21 Q. I'm asking a new question. 22 Is it fair to say that your sister 23 Yasemin sued the company and you and your mother 24 and Ms. Akipek? 25 A. You were cut off. FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 16 2 Q. Are you aware that your sister Yasemin 3 brought a lawsuit against the company, you, your 4 mother, and Ms. Akipek? 5 A. Yes, I'm aware of that. 6 Q. And that's the lawsuit that's referenced 7 in that paragraph, correct? 8 A. Yes. 9 Q. And you're aware that there were 10 injunction hearings right after that case started, 11 right? 12 A. I don't remember. 13 Q. You're aware that your mother fired your 14 sister right after this case was filed, right? 15 MR. SOLOWAY: Objection to the term 16 "fired." 17 Q. You're aware that your mother fired your 18 sister, correct? 19 A. I'm aware that she fired my sister. I'm 20 not aware of what time or when that was. 21 Q. You're the presidency of this company. 22 You don't know when your sister was fired as the 23 director and -- 24 A. I -- 25 (Simultaneous crosstalk.) FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 17 2 Q. You're not aware of when your sister was 3 fired as a director and officer of the company; is 4 that correct? 5 A. I'm not aware of the date. 6 Q. You're aware of roughly what time? 7 A. I'm not aware of what time, either. It 8 was around the time that she filed something against 9 us. 10 Q. Filed the lawsuit; is that correct? 11 A. Yes. 12 Q. Okay. 13 And are you aware that it happened 14 shortly after Christmas of 2019? 15 A. I believe so. 16 Q. Okay. 17 And believing that it happened shortly 18 after Christmas of 2019, why did it take the 19 company seven months for you to ask them to pay 20 for your legal fees? 21 A. Can you repeat the question, please. 22 Q. Why did it take the company roughly seven 23 months for you to ask them to advance your legal 24 fees? 25 MR. SOLOWAY: Objection to the form. FILED: NEW YORK COUNTY CLERK 01/09/2023 07:07 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1071 RECEIVED NYSCEF: 01/09/2023 Page 18 2 You can answer. 3 A. I don't know. I'm not making the 4 connection that you're making. 5 Q. Was the company paying your legal fees 6 before this? 7 A. Yes. 8 Q. Without any approval