Exhibit,Appendix: 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 v. Bremen House Inc., German News Company, Inc., Berrin Tekiner, Gonca Tekiner, Billur Akipek in her capacity as a Trustee of the Yasemin Tekiner 2011 Descendants Trust, Zeynep Tekiner (Intervenor Plaintiff)

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                FILED:         NEW     YORK       COUNTY        CLERK        01/31/2023             12:11        AM                 INDEX    NO.   657193/2020
   NYSCEF     DOC.   NO.   1127                                                                               RECEIVED      NYSCEF:     01/31/2023




                                                       EXHIBIT                                5
   FILED:         NEW     YORK       COUNTY        CLERK        01/31/2023             12:11        AM                 INDEX    NO.   657193/2020
   NYSCEF     DOC.   NO.   1127                                                                               RECEIVED      NYSCEF:     01/31/2023
    Archived: Sunday, January 29, 2023 6:34:52 PM
    From: Mohler, Bryan T.
    Sent: Friday, November 18, 2022 6:59:01 PM
    To: Michele Kahn
    Cc: 'Sanjay Ibrahim' 'Daniel Schleifstein' 'Scott Parker' 'Younger, Stephen P.' Soloway, Todd E. Hill, Meghan E.
    Subject: RE: Tekiner - Various; Meet and Confer
    Importance: Normal
    Sensitivity: None


    Michele,
    I was traveling today, so please excuse the late in the day email.         We will agree to stipulate to your proposed amendment to
    Zeynep’s complaint as reflected in the markup you sent me on November 11, provided that you confirm that, as we
    discussed, there are no new facts being alleged in the proposed amendment that will necessitate any additional discovery
    beyond that already completed or currently contemplated.
    As to the efforts to locate responsive documents from Gonca, Gonca’s iPhone, iPad and her office computer’s hard drive were
    imaged.    As we previously advised, Gonca also previously used an iPod Touch, and that device was discarded in 2020.                   All
    existing iCloud backups for her Apple devices were also searched for and collected.              Text messages and messages from social
    media or messaging apps, as well as all entries on the “Notes” app on her devices, have been reviewed for responsiveness.
    No responsive journal entries were located, either on those devices or on paper.              As she testified, Gonca does possess paper
    journals from when she was younger, before the relevant time period.
    Finally, let me know if you are available at 11am ET on Monday to meet and confer regarding the October 18, 2022 Amended
    Privilege Log.   The short answer to your question is that we reviewed each of the entries on the original log, and those on the
    amended log remain privileged.

    Bryan

    Bryan T. Mohler | Pryor Cashman LLP
    7 Times Square | New York, New York 10036-6569
    Office: (212) 326-0466 | Mobile: (419) 290-8351
    bmohler@pryorcashman.com


    From: Michele Kahn 
    Sent: Thursday, November 17, 2022 3:01 PM
    To: Mohler, Bryan T. ; 'Scott Parker' 
    Cc: 'Sanjay Ibrahim' ; 'Daniel Schleifstein' ; 'Younger,
    Stephen P.' ; Soloway, Todd E. ; Hill, Meghan E.
    
    Subject: RE: Tekiner - Various; Meet and Confer

    Bryan.  This is a reminder that you promised to get back to me by tomorrow as to (i) whether you will stipulate to my
    amending Zeynep’s complaint to add the proposed additional cause of action against Gonca for aiding and abetting breach of
    fiduciary duty; and (ii) what, if anything, you have determined with regard to efforts to locate relevant entries from Gonca’s
    journals, including without limitation, which of Gonca’s devices have been imaged, what data was searched for on those
    devices, whether there may be journal entries on those devices and/or on paper, and other matters we discussed during our
    November 14, 2022 meet and confer.          Depending on your answers regarding the journal entries, we may or may not need to
    have further discussions.

    Also, I need to meet and confer with you regarding the 2022.10.18 Amended Defendants NRF and BBG privilege log.
    Specifically, I want to discuss why you continue to designate all documents on the log as privileged -- other than those that
    relate to the instant litigation, which I agree are likely privileged.
   FILED:         NEW     YORK       COUNTY        CLERK        01/31/2023             12:11        AM                 INDEX    NO.   657193/2020
   NYSCEF     DOC.   NO.   1127                                                                               RECEIVED      NYSCEF:     01/31/2023
    I can speak from now until 5:30 today, and tomorrow between 11:30 am and 5 pm.                 Please let me know what works for you.

    Thank you, Michele


    Michele Kahn, Esq.
    Kahn & Goldberg, LLP
    555 Fifth Avenue, 14th Floor
    New York, NY        10017
    Tel.  (212) 687-5066
    Fax    (212) 986-5316
    mk@kahngoldberg.com
    www.kahngoldberg.com
    this message from your inbox.