Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023
EXHIBIT 28
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023
EXHIBIT 41
November 22, 2022 Rule 14 Letter from Scott Parker to Court Regarding
Previously Withheld Privileged Documents
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023
Writer’s Direct Contact:
908.333.6220 (Tel.)
PARKER IBRAHIM & BERG LLP 212.596.7036 (Fax)
scott.parker@piblaw.com
www.piblaw.com
November 22, 2022
VIA NYSCEF
Hon. Joel M. Cohen, J.S.C.
Supreme Court of the State of New York
County of New York – Commercial Division
60 Centre Street, Courtroom 208
New York, New York 10007
Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al.
Index No.: 657193/2020
Dear Justice Cohen:
This firm is co-counsel to Co-Plaintiff Yasemin Tekiner (“Yasemin”) in the above-
referenced matter. In accordance with Commercial Division Rule 14 B and Section VI.B and
VII.B of Your Honor’s Individual Practices and Procedures, we write to respectfully request a
conference to address ongoing deficiencies with Defendants’ intentionally slow-rolled, chronically
incomplete production of wrongfully withheld documents that were improperly classified as
privileged, along with Defendants’ revised privilege log.
On August 17, 2022, this Court granted in part Yasemin’s motion to compel privileged
documents “to the extent that Defendants’ categorical assertion of privilege with respect to
corporate business-related documents is overly broad…” (NYSCEF Doc. 680.) Notwithstanding,
Defendants have proceeded in the manner set forth below that – at best – can only be understood
as “too little, and too late”:
On September 23, 2022 (i.e., 37 days after this Court ordered their production),
Defendants produced to Yasemin just 505 previously withheld privileged documents.
On September 30, 2022 (i.e., 44 days after this Court ordered their production),
Defendants produced to Yasemin an additional 1,000 previously withheld documents.
On October 4, 2022 (i.e., 48 days after this Court ordered their production), Defendants
produced to Yasemin an additional 1,010 previously withheld documents.
On October 10, 2022, at 8:50 pm (i.e., 54 days after this Court ordered their production
and just two days before Gonca’s deposition), Defendants produced to Yasemin an
additional 2,120 previously withheld privileged documents (i.e., approximately 3GB
of data). This was on the eve of the key party depositions.
On October 14, 2022, at 7:21 pm (i.e., 58 days after this Court ordered their production,
after Gonca and Yasemin’s deposition, and during Berrin’s deposition), Defendants
produced to Yasemin an additional 4,063 previously withheld privileged documents
(i.e., approximately 3GB of data).
New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037
New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700
BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA
FH11169315.1
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023
On October 18, 2022, at 9:46 pm (i.e., 62 days after this Court ordered their production
and after all party depositions had been completed), Defendants produced to Yasemin
an additional 1,708 previously withheld privileged documents. This was after Berrin’s
and Gonca’s depositions concluded and after the discovery cut-off that Defendants
sought to maintain.
On October 24, 2022, at 11:20 am (i.e.,on the same day Yasemin’s reply papers in
further support of her OTSC to appoint a special discovery master were due),
Defendants produced still more documents.
In sum, the nearly 10,000 allegedly privileged documents that Defendants belatedly
disclosed evidence a disturbing pattern of withholding “smoking gun” documents that had no good
faith privilege claim to begin with. Many of the documents related to key, critical issues in the
case – and directly contradicted prior representations made by Defendants. By way of example:
On January 25, 2021, Defendants described for this Court the allegedly great financial
state of the Companies. (See NYSCEF Doc. No 97, Tr. 34:18-22 (“The companies
have grown. They’ve acquired more property, including outside of New York,
including Texas. Right now there are 22 commercial and residential properties. Assets
in excess of 75 million, and they are fairly underleveraged with $20 million debt.”).)
o The truth is, only 20 days earlier, Billur Akipek (“Billur”) (i.e., the trustee to
Yasemin’s and Zeynep’s trusts that this Court recently ordered removed) wrote to
one of the Company’s vendors, saying: “The current market conditions forced us
to sell ½ of our buildings and assets, in order to survive until the market picks up.”
Defendants have repeatedly advised that they never considered distributions.
o The truth is, as recently as January 5, 2020, Billur wrote an e-mail on behalf of
Berrin listing multiple different items that Berrin wanted to address at a meeting.
One of those items was to create a “fair distribution” to Yasemin’s and Zeynep’s
trusts.
Further, and critically, there are serious issues with Defendants’ recently amended privilege
log. For example:
Defendants inexplicably continue to withhold at least 1,069 claimed privileged
documents.
Additionally, Defendants are refusing to produce 467 responsive documents from
their initial privilege log that they wrongly contended were privileged, but which
they now contend to be “non-responsive” – without any further elaboration for
purposes to avoid their production through alternate means.
There are still at least 16 documents from Defendants’ original privilege log that
are entirely unaccounted for in their Amended Privilege Log.
2
FH11169315.1
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023
To top it off, on November 15, 2022, Defendants produced approximately 15 documents
that, yet again, directly relate to key, critical issues in this case. This production calls into serious
question the integrity of Defendants’ entire document collection process from the very beginning
of the case.
For these reasons, Yasemin respectfully requests a conference to set a final, binding date
by which Defendants are required to produce all non-privileged documents to Yasemin. And, in
light of Defendants’ demonstrated pattern of delay and avoidance of their discovery obligations to
Yasemin’s prejudice, Yasemin respectfully requests that Defendants and their counsel provide a
sworn affidavit of completeness to the Court by that deadline, to eliminate any uncertainty as to
the status of Defendants’ “ongoing” discovery efforts.
We thank the Court for its consideration of this submission.
Respectfully submitted,
Scott W. Parker
cc: Stephen P. Younger, Esq. (via email)
Michele Kahn, Esq. (via email)
3
FH11169315.1
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023
FH11169315.1
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023 EXHIBIT 28 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023 EXHIBIT 41 November 22, 2022 Rule 14 Letter from Scott Parker to Court Regarding Previously Withheld Privileged Documents FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023 Writer’s Direct Contact: 908.333.6220 (Tel.) PARKER IBRAHIM & BERG LLP 212.596.7036 (Fax) scott.parker@piblaw.com www.piblaw.com November 22, 2022 VIA NYSCEF Hon. Joel M. Cohen, J.S.C. Supreme Court of the State of New York County of New York – Commercial Division 60 Centre Street, Courtroom 208 New York, New York 10007 Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al. Index No.: 657193/2020 Dear Justice Cohen: This firm is co-counsel to Co-Plaintiff Yasemin Tekiner (“Yasemin”) in the above- referenced matter. In accordance with Commercial Division Rule 14 B and Section VI.B and VII.B of Your Honor’s Individual Practices and Procedures, we write to respectfully request a conference to address ongoing deficiencies with Defendants’ intentionally slow-rolled, chronically incomplete production of wrongfully withheld documents that were improperly classified as privileged, along with Defendants’ revised privilege log. On August 17, 2022, this Court granted in part Yasemin’s motion to compel privileged documents “to the extent that Defendants’ categorical assertion of privilege with respect to corporate business-related documents is overly broad…” (NYSCEF Doc. 680.) Notwithstanding, Defendants have proceeded in the manner set forth below that – at best – can only be understood as “too little, and too late”: On September 23, 2022 (i.e., 37 days after this Court ordered their production), Defendants produced to Yasemin just 505 previously withheld privileged documents. On September 30, 2022 (i.e., 44 days after this Court ordered their production), Defendants produced to Yasemin an additional 1,000 previously withheld documents. On October 4, 2022 (i.e., 48 days after this Court ordered their production), Defendants produced to Yasemin an additional 1,010 previously withheld documents. On October 10, 2022, at 8:50 pm (i.e., 54 days after this Court ordered their production and just two days before Gonca’s deposition), Defendants produced to Yasemin an additional 2,120 previously withheld privileged documents (i.e., approximately 3GB of data). This was on the eve of the key party depositions. On October 14, 2022, at 7:21 pm (i.e., 58 days after this Court ordered their production, after Gonca and Yasemin’s deposition, and during Berrin’s deposition), Defendants produced to Yasemin an additional 4,063 previously withheld privileged documents (i.e., approximately 3GB of data). New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037 New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700 BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA FH11169315.1 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023 On October 18, 2022, at 9:46 pm (i.e., 62 days after this Court ordered their production and after all party depositions had been completed), Defendants produced to Yasemin an additional 1,708 previously withheld privileged documents. This was after Berrin’s and Gonca’s depositions concluded and after the discovery cut-off that Defendants sought to maintain. On October 24, 2022, at 11:20 am (i.e.,on the same day Yasemin’s reply papers in further support of her OTSC to appoint a special discovery master were due), Defendants produced still more documents. In sum, the nearly 10,000 allegedly privileged documents that Defendants belatedly disclosed evidence a disturbing pattern of withholding “smoking gun” documents that had no good faith privilege claim to begin with. Many of the documents related to key, critical issues in the case – and directly contradicted prior representations made by Defendants. By way of example: On January 25, 2021, Defendants described for this Court the allegedly great financial state of the Companies. (See NYSCEF Doc. No 97, Tr. 34:18-22 (“The companies have grown. They’ve acquired more property, including outside of New York, including Texas. Right now there are 22 commercial and residential properties. Assets in excess of 75 million, and they are fairly underleveraged with $20 million debt.”).) o The truth is, only 20 days earlier, Billur Akipek (“Billur”) (i.e., the trustee to Yasemin’s and Zeynep’s trusts that this Court recently ordered removed) wrote to one of the Company’s vendors, saying: “The current market conditions forced us to sell ½ of our buildings and assets, in order to survive until the market picks up.” Defendants have repeatedly advised that they never considered distributions. o The truth is, as recently as January 5, 2020, Billur wrote an e-mail on behalf of Berrin listing multiple different items that Berrin wanted to address at a meeting. One of those items was to create a “fair distribution” to Yasemin’s and Zeynep’s trusts. Further, and critically, there are serious issues with Defendants’ recently amended privilege log. For example: Defendants inexplicably continue to withhold at least 1,069 claimed privileged documents. Additionally, Defendants are refusing to produce 467 responsive documents from their initial privilege log that they wrongly contended were privileged, but which they now contend to be “non-responsive” – without any further elaboration for purposes to avoid their production through alternate means. There are still at least 16 documents from Defendants’ original privilege log that are entirely unaccounted for in their Amended Privilege Log. 2 FH11169315.1 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023 To top it off, on November 15, 2022, Defendants produced approximately 15 documents that, yet again, directly relate to key, critical issues in this case. This production calls into serious question the integrity of Defendants’ entire document collection process from the very beginning of the case. For these reasons, Yasemin respectfully requests a conference to set a final, binding date by which Defendants are required to produce all non-privileged documents to Yasemin. And, in light of Defendants’ demonstrated pattern of delay and avoidance of their discovery obligations to Yasemin’s prejudice, Yasemin respectfully requests that Defendants and their counsel provide a sworn affidavit of completeness to the Court by that deadline, to eliminate any uncertainty as to the status of Defendants’ “ongoing” discovery efforts. We thank the Court for its consideration of this submission. Respectfully submitted, Scott W. Parker cc: Stephen P. Younger, Esq. (via email) Michele Kahn, Esq. (via email) 3 FH11169315.1 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1160 RECEIVED NYSCEF: 01/31/2023 FH11169315.1