Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
EXHIBIT 48
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
Tilton, Clare P.
From: Scott Parker
Sent: Friday, October 7, 2022 11:50 PM
To: Hill, Meghan E.
Cc: Michele Kahn; Sanjay Ibrahim; Soloway, Todd E.; Mohler, Bryan T.; Shaw, Rachel E.;
Younger, Stephen P.
Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713]
Meghan,
Given your failure to give prior notice of your belated request, Yasemin will not appear in person on Tuesday in
New York for her deposition. She will appear virtually on October 11 beginning at 10 a.m. Whether you choose
to proceed is up to you.
Your gamesmanship on this issue is simply astonishing. On October 3, 2022, after months of our requesting
deposition dates, you proposed an October 11, 2022 date for Yasemin but said nothing about holding it in
person in New York. We would not have agreed to that October 11 date for Yasemin’s deposition if we knew
that you were going to sandbag us with a surprise request made at 4:49 pm on the Friday before her deposition,
that the deposition take place in person. You kept this request hidden until the very last minute, leaving us
unable to comply on such short notice over a holiday weekend.
Again, we refer you to your own deposition notice, which states that the deposition would take place either in
person or remotely – a point you neglect to answer in your below email. And you selectively cite only a portion
of (the pre-COVID rule) CPLR 3110(a), while ignoring the portion of that statute which states that the
deposition can also take place “within the county in which [the party] resides”.
You also make a wildly erroneous accusation that Yasemin has somehow misrepresented that she was in New
York this week. She never made any such representation. As her e-mails with Billur and Shadan reflect, she was
planning to potentially come to New York to participate in the October 6 books and records inspection. But
after Billur said that “no one else” besides your paralegal (who initially hid his identity from Jasmin and
Zeynep) was going to be there, she decided not to come to New York but instead participated virtually from
California. And, as your paralegal undoubtedly reported back to you, Yasemin did not attend in person
Zeynep’s visit to the Company office on Thursday.
If you want to depose Yasemin in person, we would certainly discuss that possibility with you. But we will not
agree to produce her in person on less than one business day’s notice under these circumstances.
Given the manner in which you have handled this issue and your own deposition notice, we stand ready to
produce Yasemin for her deposition remotely at 10 am on Tuesday. Please advise if you plan to attend.
Regards,
Scott
Scott Parker
NJ Office: 270 Davidson Avenue, Somerset, NJ 08873
NY Office: 5 Penn Plaza, Suite 2371, New York, NY 10001
Direct: +1 908.333.6220 | Main: +1 212.596.7037
1
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
www.piblaw.com
Confidentiality:
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, contact the sender via reply email and destroy all
copies of the original message.
From: Hill, Meghan E.
Sent: Friday, October 7, 2022 10:14 PM
To: Scott Parker
Cc: Michele Kahn ; Sanjay Ibrahim ; Soloway, Todd E.
; Mohler, Bryan T. ; Shaw, Rachel E.
; Younger, Stephen P.
Subject: [EXTERNAL] RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713]
Scott,
Plaintiff’s counsel has no right to refuse to “agree to have Yasemin deposed in person.” As you note, Defendants long
ago noticed Yasemin’s deposition to be conducted in person, and neither Pryor Cashman nor Norton Rose Fulbright ever
“agreed” to depose Yasemin remotely. Yasemin – the plaintiff in this litigation – chose to avail herself (and submit to the
jurisdiction) of the New York courts and is required, per CPLR 3110(1), to appear for deposition within the county where
the action is pending. In addition, Yasemin, herself, has made numerous representations as recently as this Wednesday
that she is in New York, making demands to office staff to facilitate her review of the Company’s ledger. We assume she
was being forthright in those communications.
We expect the plaintiff in this New York litigation to appear in person (at our offices located at 7 Times Square, 40th
floor) for her deposition next Tuesday, October 11, 2022 at 10:00 am. If you refuse, we will bring this matter to the
court.
Separately, I noticed that my email from earlier today mistakenly stated that Gonca will appear for her remote
deposition in New York on Tuesday, October 12, 2022 at 10:00 am. Of course, October 12 is Wednesday, not
Tuesday. My apologies for any confusion; Gonca will appear for her remote deposition in New York on Wednesday,
October 12, 2022 at 10:00 am.
Meghan
_______________________________________
MEGHAN E. HILL
PRYOR CASHMAN LLP
7 Times Square, New York, NY 10036-6569
mhill@pryorcashman.com
Direct Tel:212-326-0808 (also reachable remotely at this number)
www.pryorcashman.com
A member of Interlaw, an International Association of Independent Law Firms
From: Scott Parker
Sent: Friday, October 7, 2022 8:04 PM
2
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
To: Hill, Meghan E.
Cc: Michele Kahn ; Sanjay Ibrahim ; Soloway, Todd E.
; Mohler, Bryan T. ; Shaw, Rachel E.
; Younger, Stephen P.
Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713]
Meghan, this is the first time you have ever mentioned that you wanted to take Yasemin’s deposition in person
(after refusing to even schedule the deposition for months). Indeed, even in your e-mail of October 3rd that
finally confirmed the date for her deposition, you failed to mention that you wanted to depose her in person.
Further, you purport to rely upon Yasemin’s deposition notice that was sent by your predecessor last
year. Contrary to your implication, however, the notice (which was not included with your e-mail, but is
attached hereto for your convenience) does not say that the deposition must be in person. Rather, it says that the
deposition will take place “at either Norton Rose Fulbright, 1301 Avenue of the Americas, 30th Floor, New
York, New York 10019, or via videoconference or other remote means”. In other words, this notice does not
justify your sandbagging us with invoking the “in person” language in your last-minute request.
We do not agree to have Yasemin deposed in person on such short notice. Had you not waited until Friday
evening before a holiday weekend, on the last business day before the deposition is scheduled to take place, we
might have been able to make an accommodation for your belated request.
Since Yasemin is in California, we will produce her by Zoom on Tuesday at 10 am EST. Please confirm ASAP
so we can conclude our arrangements.
We will respond to the balance of your e-mail under separate cover.
Regards,
Scott
Scott Parker
NJ Office: 270 Davidson Avenue, Somerset, NJ 08873
NY Office: 5 Penn Plaza, Suite 2371, New York, NY 10001
Direct: +1 908.333.6220 | Main: +1 212.596.7037
www.piblaw.com
Confidentiality:
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, contact the sender via reply email and destroy all
copies of the original message.
From: Hill, Meghan E.
Sent: Friday, October 7, 2022 4:49 PM
To: Scott Parker ; Younger, Stephen P.
Cc: Michele Kahn ; Sanjay Ibrahim ; Soloway, Todd E.
3
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
; Mohler, Bryan T. ; Shaw, Rachel E.
Subject: [EXTERNAL] RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713]
Scott –
Defendants do not see any basis for an extension of the fact discovery end date. We will oppose any such application.
Gonca will appear for her deposition in New York on Tuesday, October 12, 2022 at 10:00 am. Berrin will appear for her
deposition in New York on Friday, October 14, 2022 at 10:00 am. We received login information for Gonca’s remote
deposition; please also forward information for Berrin’s remote deposition.
As previously noticed, Defendants will take Yasemin’s deposition in person on Tuesday October 11, 2022 at 10:00
am. To accommodate Michelle’s request, Defendants will take Zeynep’s deposition in person on Friday October 14,
2022 at 10:00 am.
As we noted in our letter dated September 27, 2022, it is our understanding that neither Mr. Michaels nor Mr. Beck has
been served. If that is the case, then we will accept service, effective today, of the subpoenas on both of them, provided
that each of Messrs. Beck and Michaels have until October 27, 2022 to respond to the respective subpoenas – although
we will not require that they be deposed on that date. We will also represent them at their depositions. As you were
previously informed, all responsive documents from Messrs. Beck and Michaels have previously been produced in
connection with Defendants’ productions. As we previously requested in our September 27 letter, we again ask that you
confirm that you intend to proceed with Mr. Beck’s and Mr. Michaels’s depositions at 9:00 am on Monday, October 17,
so that we may inquire to confirm their availabilities on that date and time.
Please also confirm that Mr. Schwartzman will be deposed at 9:00 am on Monday, October 17. Your October 4, 2022
email also mentions the depositions of John Stewart, Jessica Mojica, and Gurer Aykal. When will you be deposing those
individuals? We again remind you that Mr. Aykal will be out of the country beginning on October 15, 2022.
Meghan
_______________________________________
MEGHAN E. HILL
PRYOR CASHMAN LLP
7 Times Square, New York, NY 10036-6569
mhill@pryorcashman.com
Direct Tel:212-326-0808 (also reachable remotely at this number)
www.pryorcashman.com
A member of Interlaw, an International Association of Independent Law Firms
From: Scott Parker
Sent: Friday, October 7, 2022 2:27 PM
To: Younger, Stephen P.
Cc: Hill, Meghan E. ; Michele Kahn ; Sanjay Ibrahim
; Soloway, Todd E. ; Mohler, Bryan T.
; Shaw, Rachel E.
Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713]
Meghan, I am following up on this again. You have not responded to our multiple e-mails on these subjects. We plan to
produce Yasemin for deposition on Tuesday at 10 am EST (given that she is on the West Coast). Is Gonca appearing for
her deposition on Wednesday, and if so, what time (and from what state)? Regards, Scott
4
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
Scott Parker
NJ Office: 270 Davidson Avenue, Somerset, NJ 08873
NY Office: 5 Penn Plaza, Suite 2371, New York, NY 10001
Direct: +1 908.333.6220 | Main: +1 212.596.7037
www.piblaw.com
Confidentiality:
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, contact the sender via reply email and destroy all
copies of the original message.
From: Younger, Stephen P.
Sent: Friday, October 7, 2022 9:49 AM
To: Scott Parker
Cc: Hill, Meghan E. ; Michele Kahn ; Sanjay Ibrahim
; Soloway, Todd E. ; Mohler, Bryan T.
; Shaw, Rachel E.
Subject: [EXTERNAL] Re: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713]
What time are we starting?
Sent from my iPhone
On Oct 7, 2022, at 8:45 AM, Scott Parker wrote:
**EXTERNAL**
________________________________
Meghan, I am circling back with you on a couple of issues.
First, would you please get back to us regarding our proposal to extend the fact discovery deadline by three
weeks, and the expert disclosure deadline by two weeks?
Second, would you please confirm that we are moving forward with Yasemin’s deposition on October 11,
which is conditioned on your producing Gonca for her deposition on October 12? Again, we need to know
which state Gonca is going to be physically present in for her deposition. Also, we have not yet received any
invitation for a court reporter from you for Yasemin’s deposition.
Regards,
Scott
5
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
Scott Parker
NJ Office: 270 Davidson Avenue, Somerset, NJ 08873
NY Office: 5 Penn Plaza, Suite 2371, New York, NY 10001
Direct: +1 908.333.6220 | Main: +1 212.596.7037
www.piblaw.com
[PIBLogo_7dc9850a-64c8-4f36-ab69-3888860b5c21.PNG]
Confidentiality:
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the
intended recipient, contact the sender via reply email and destroy all copies of the original message.
From: Scott Parker
Sent: Tuesday, October 4, 2022 10:22 AM
To: Hill, Meghan E. ; Michele Kahn ; Sanjay
Ibrahim ; Younger, Stephen P.
Cc: Soloway, Todd E. ; Mohler, Bryan T.
; Shaw, Rachel E.
Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713]
Meghan,
I write in furtherance to my e-mail to you of 10:45 pm last night regarding third party depositions. The
following depositions still need to be conducted:
· John Stewart
· Paul Schwartzman
· Lisa Rubin
· Gurer Aykal
· Phil Michaels
· Allen Beck
· Jessica Mojica
In order to accommodate all of these in addition to the party depositions, we suggest writing to Justice Cohen to
request: (1) a three-week extension of the fact discovery deadline, until November 7; (2) a two-week extension
of the expert disclosure deadline, until November 29; and (3) a one-week extension of the deadline to complete
all discovery, until December 22. Under this scenario, we would not need to extend the current note of issue
deadline (December 28) or the dispositive motion deadline (January 23).
Would you please let us know by 3 pm today if you consent to this approach? A proposed stipulation reflecting
these updated dates is attached. As an FYI, we plan to approach the Court with this proposal either way.
Would you please confirm which state Gonca and Berrin will be physically present in for their respective
depositions?
6
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
Also, on September 29th, we asked you to confirm whether you will be representing Mr. Beck and Mr.
Michaels, and whether you will agree to accept service of their subpoenas. We have not heard back from you.
Please let us know.
Finally, we reserve the right to pursue the deposition of Steve Levine beyond the close of fact discovery, in light
of his health condition.
Regards,
Scott
Scott Parker
Office 908.333.6220 | Mobile 973.309.3156
Ext. 101
From: Scott Parker >
Sent: Monday, October 3, 2022 10:45 PM
To: Hill, Meghan E. >; Michele
Kahn >; Sanjay Ibrahim
>; Younger, Stephen P.
>
Cc: Soloway, Todd E.
>; Mohler, Bryan T.
>; Shaw, Rachel E.
>
Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713]
Meghan,
Thank you for finally confirming deposition dates for the parties. With respect to these depositions:
· We agree to your proposal to have Yasemin deposed on October 11, conditioned on Gonca being deposed on
October 12.
· Per Michele’s e-mail to you at 1:33 pm today (and as she has previously advised you), Zeynep will not sit for
a second deposition session until all individual parties have been deposed for at least one session. Therefore,
Berrin must be deposed on October 13, and Zeynep will continue her deposition on either October 14 or 17 (and
on October 14, Zeynep’s counsel has advised that there must be a hard stop at 5:30 pm). Please confirm right
away that you agree to these dates, so that we can finally lock them in.
· We reserve the right to call back both Gonca and Berrin for additional questioning after their depositions, to
inquire about: (1) any additional previously withheld privileged (or other late produced) documents that you
may produce after today (to date, you have produced less than 16% of the 9,537 documents that defendants
previously withheld); and (2) any mental health documents that you may produce after today (to date, you have
produced none). Further, as we noted in our September 29th letter to you, we object to your belated and
unfounded substitution of Gonca for Sadan Gurbuzturk pursuant to CPLR 3106(d), and we reserve the right to
compel Sadan’s deposition once Gonca’s deposition has been completed, regardless of whether fact discovery
7
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
has ended.
We will get back to you under separate cover regarding the multitude of third party depositions for which –
based solely upon your months-long delay in confirming the party deposition dates, and your cramming the
party depositions into the very end of the fact discovery period – you have made impossible to schedule by the
close of fact discovery on October 17th.
Regards,
Scott
Scott Parker
Office 908.333.6220 | Mobile 973.309.3156
Ext. 101
From: Hill, Meghan E. >
Sent: Monday, October 3, 2022 1:20 PM
To: Scott Parker >; Michele Kahn
>; Sanjay Ibrahim
>; Younger, Stephen P.
>
Cc: Soloway, Todd E.
>; Mohler, Bryan T.
>; Shaw, Rachel E.
>
Subject: [EXTERNAL] Deposition Schedule for Tekiner v. Bremen House Inc.
All:
Defendants reserve all rights with respect to Plaintiffs’ delinquent and belated production of documents (or lack
thereof). Notwithstanding the foregoing, we propose the following schedule for the depositions of the parties:
Tuesday 10/11: Yasemin
Wednesday 10/12: Gonca
Thursday 10/13: Zeynep
Friday 10/14: Berrin
Gurer Aykal is traveling beginning on 10/15, so his deposition will have to be held prior to that date. Please also
advise as to Ms. Rubin’s availability.
Sincerely,
Meghan
_______________________________________
Meghan E. Hill
Pryor Cashman LLP
7 Times Square, New York, NY 10036-6569
mhill@pryorcashman.com
Direct Tel: 212-326-0808 (also reachable remotely at this number)
www.pryorcashman.com
A member of Interlaw, an International Association of Independent Law Firms
8
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023
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Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 EXHIBIT 48 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 Tilton, Clare P. From: Scott Parker Sent: Friday, October 7, 2022 11:50 PM To: Hill, Meghan E. Cc: Michele Kahn; Sanjay Ibrahim; Soloway, Todd E.; Mohler, Bryan T.; Shaw, Rachel E.; Younger, Stephen P. Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713] Meghan, Given your failure to give prior notice of your belated request, Yasemin will not appear in person on Tuesday in New York for her deposition. She will appear virtually on October 11 beginning at 10 a.m. Whether you choose to proceed is up to you. Your gamesmanship on this issue is simply astonishing. On October 3, 2022, after months of our requesting deposition dates, you proposed an October 11, 2022 date for Yasemin but said nothing about holding it in person in New York. We would not have agreed to that October 11 date for Yasemin’s deposition if we knew that you were going to sandbag us with a surprise request made at 4:49 pm on the Friday before her deposition, that the deposition take place in person. You kept this request hidden until the very last minute, leaving us unable to comply on such short notice over a holiday weekend. Again, we refer you to your own deposition notice, which states that the deposition would take place either in person or remotely – a point you neglect to answer in your below email. And you selectively cite only a portion of (the pre-COVID rule) CPLR 3110(a), while ignoring the portion of that statute which states that the deposition can also take place “within the county in which [the party] resides”. You also make a wildly erroneous accusation that Yasemin has somehow misrepresented that she was in New York this week. She never made any such representation. As her e-mails with Billur and Shadan reflect, she was planning to potentially come to New York to participate in the October 6 books and records inspection. But after Billur said that “no one else” besides your paralegal (who initially hid his identity from Jasmin and Zeynep) was going to be there, she decided not to come to New York but instead participated virtually from California. And, as your paralegal undoubtedly reported back to you, Yasemin did not attend in person Zeynep’s visit to the Company office on Thursday. If you want to depose Yasemin in person, we would certainly discuss that possibility with you. But we will not agree to produce her in person on less than one business day’s notice under these circumstances. Given the manner in which you have handled this issue and your own deposition notice, we stand ready to produce Yasemin for her deposition remotely at 10 am on Tuesday. Please advise if you plan to attend. Regards, Scott Scott Parker NJ Office: 270 Davidson Avenue, Somerset, NJ 08873 NY Office: 5 Penn Plaza, Suite 2371, New York, NY 10001 Direct: +1 908.333.6220 | Main: +1 212.596.7037 1 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 www.piblaw.com Confidentiality: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, contact the sender via reply email and destroy all copies of the original message. From: Hill, Meghan E. Sent: Friday, October 7, 2022 10:14 PM To: Scott Parker Cc: Michele Kahn ; Sanjay Ibrahim ; Soloway, Todd E. ; Mohler, Bryan T. ; Shaw, Rachel E. ; Younger, Stephen P. Subject: [EXTERNAL] RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713] Scott, Plaintiff’s counsel has no right to refuse to “agree to have Yasemin deposed in person.” As you note, Defendants long ago noticed Yasemin’s deposition to be conducted in person, and neither Pryor Cashman nor Norton Rose Fulbright ever “agreed” to depose Yasemin remotely. Yasemin – the plaintiff in this litigation – chose to avail herself (and submit to the jurisdiction) of the New York courts and is required, per CPLR 3110(1), to appear for deposition within the county where the action is pending. In addition, Yasemin, herself, has made numerous representations as recently as this Wednesday that she is in New York, making demands to office staff to facilitate her review of the Company’s ledger. We assume she was being forthright in those communications. We expect the plaintiff in this New York litigation to appear in person (at our offices located at 7 Times Square, 40th floor) for her deposition next Tuesday, October 11, 2022 at 10:00 am. If you refuse, we will bring this matter to the court. Separately, I noticed that my email from earlier today mistakenly stated that Gonca will appear for her remote deposition in New York on Tuesday, October 12, 2022 at 10:00 am. Of course, October 12 is Wednesday, not Tuesday. My apologies for any confusion; Gonca will appear for her remote deposition in New York on Wednesday, October 12, 2022 at 10:00 am. Meghan _______________________________________ MEGHAN E. HILL PRYOR CASHMAN LLP 7 Times Square, New York, NY 10036-6569 mhill@pryorcashman.com Direct Tel:212-326-0808 (also reachable remotely at this number) www.pryorcashman.com A member of Interlaw, an International Association of Independent Law Firms From: Scott Parker Sent: Friday, October 7, 2022 8:04 PM 2 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 To: Hill, Meghan E. Cc: Michele Kahn ; Sanjay Ibrahim ; Soloway, Todd E. ; Mohler, Bryan T. ; Shaw, Rachel E. ; Younger, Stephen P. Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713] Meghan, this is the first time you have ever mentioned that you wanted to take Yasemin’s deposition in person (after refusing to even schedule the deposition for months). Indeed, even in your e-mail of October 3rd that finally confirmed the date for her deposition, you failed to mention that you wanted to depose her in person. Further, you purport to rely upon Yasemin’s deposition notice that was sent by your predecessor last year. Contrary to your implication, however, the notice (which was not included with your e-mail, but is attached hereto for your convenience) does not say that the deposition must be in person. Rather, it says that the deposition will take place “at either Norton Rose Fulbright, 1301 Avenue of the Americas, 30th Floor, New York, New York 10019, or via videoconference or other remote means”. In other words, this notice does not justify your sandbagging us with invoking the “in person” language in your last-minute request. We do not agree to have Yasemin deposed in person on such short notice. Had you not waited until Friday evening before a holiday weekend, on the last business day before the deposition is scheduled to take place, we might have been able to make an accommodation for your belated request. Since Yasemin is in California, we will produce her by Zoom on Tuesday at 10 am EST. Please confirm ASAP so we can conclude our arrangements. We will respond to the balance of your e-mail under separate cover. Regards, Scott Scott Parker NJ Office: 270 Davidson Avenue, Somerset, NJ 08873 NY Office: 5 Penn Plaza, Suite 2371, New York, NY 10001 Direct: +1 908.333.6220 | Main: +1 212.596.7037 www.piblaw.com Confidentiality: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, contact the sender via reply email and destroy all copies of the original message. From: Hill, Meghan E. Sent: Friday, October 7, 2022 4:49 PM To: Scott Parker ; Younger, Stephen P. Cc: Michele Kahn ; Sanjay Ibrahim ; Soloway, Todd E. 3 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 ; Mohler, Bryan T. ; Shaw, Rachel E. Subject: [EXTERNAL] RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713] Scott – Defendants do not see any basis for an extension of the fact discovery end date. We will oppose any such application. Gonca will appear for her deposition in New York on Tuesday, October 12, 2022 at 10:00 am. Berrin will appear for her deposition in New York on Friday, October 14, 2022 at 10:00 am. We received login information for Gonca’s remote deposition; please also forward information for Berrin’s remote deposition. As previously noticed, Defendants will take Yasemin’s deposition in person on Tuesday October 11, 2022 at 10:00 am. To accommodate Michelle’s request, Defendants will take Zeynep’s deposition in person on Friday October 14, 2022 at 10:00 am. As we noted in our letter dated September 27, 2022, it is our understanding that neither Mr. Michaels nor Mr. Beck has been served. If that is the case, then we will accept service, effective today, of the subpoenas on both of them, provided that each of Messrs. Beck and Michaels have until October 27, 2022 to respond to the respective subpoenas – although we will not require that they be deposed on that date. We will also represent them at their depositions. As you were previously informed, all responsive documents from Messrs. Beck and Michaels have previously been produced in connection with Defendants’ productions. As we previously requested in our September 27 letter, we again ask that you confirm that you intend to proceed with Mr. Beck’s and Mr. Michaels’s depositions at 9:00 am on Monday, October 17, so that we may inquire to confirm their availabilities on that date and time. Please also confirm that Mr. Schwartzman will be deposed at 9:00 am on Monday, October 17. Your October 4, 2022 email also mentions the depositions of John Stewart, Jessica Mojica, and Gurer Aykal. When will you be deposing those individuals? We again remind you that Mr. Aykal will be out of the country beginning on October 15, 2022. Meghan _______________________________________ MEGHAN E. HILL PRYOR CASHMAN LLP 7 Times Square, New York, NY 10036-6569 mhill@pryorcashman.com Direct Tel:212-326-0808 (also reachable remotely at this number) www.pryorcashman.com A member of Interlaw, an International Association of Independent Law Firms From: Scott Parker Sent: Friday, October 7, 2022 2:27 PM To: Younger, Stephen P. Cc: Hill, Meghan E. ; Michele Kahn ; Sanjay Ibrahim ; Soloway, Todd E. ; Mohler, Bryan T. ; Shaw, Rachel E. Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713] Meghan, I am following up on this again. You have not responded to our multiple e-mails on these subjects. We plan to produce Yasemin for deposition on Tuesday at 10 am EST (given that she is on the West Coast). Is Gonca appearing for her deposition on Wednesday, and if so, what time (and from what state)? Regards, Scott 4 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 Scott Parker NJ Office: 270 Davidson Avenue, Somerset, NJ 08873 NY Office: 5 Penn Plaza, Suite 2371, New York, NY 10001 Direct: +1 908.333.6220 | Main: +1 212.596.7037 www.piblaw.com Confidentiality: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, contact the sender via reply email and destroy all copies of the original message. From: Younger, Stephen P. Sent: Friday, October 7, 2022 9:49 AM To: Scott Parker Cc: Hill, Meghan E. ; Michele Kahn ; Sanjay Ibrahim ; Soloway, Todd E. ; Mohler, Bryan T. ; Shaw, Rachel E. Subject: [EXTERNAL] Re: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713] What time are we starting? Sent from my iPhone On Oct 7, 2022, at 8:45 AM, Scott Parker wrote: **EXTERNAL** ________________________________ Meghan, I am circling back with you on a couple of issues. First, would you please get back to us regarding our proposal to extend the fact discovery deadline by three weeks, and the expert disclosure deadline by two weeks? Second, would you please confirm that we are moving forward with Yasemin’s deposition on October 11, which is conditioned on your producing Gonca for her deposition on October 12? Again, we need to know which state Gonca is going to be physically present in for her deposition. Also, we have not yet received any invitation for a court reporter from you for Yasemin’s deposition. Regards, Scott 5 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 Scott Parker NJ Office: 270 Davidson Avenue, Somerset, NJ 08873 NY Office: 5 Penn Plaza, Suite 2371, New York, NY 10001 Direct: +1 908.333.6220 | Main: +1 212.596.7037 www.piblaw.com [PIBLogo_7dc9850a-64c8-4f36-ab69-3888860b5c21.PNG] Confidentiality: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, contact the sender via reply email and destroy all copies of the original message. From: Scott Parker Sent: Tuesday, October 4, 2022 10:22 AM To: Hill, Meghan E. ; Michele Kahn ; Sanjay Ibrahim ; Younger, Stephen P. Cc: Soloway, Todd E. ; Mohler, Bryan T. ; Shaw, Rachel E. Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713] Meghan, I write in furtherance to my e-mail to you of 10:45 pm last night regarding third party depositions. The following depositions still need to be conducted: · John Stewart · Paul Schwartzman · Lisa Rubin · Gurer Aykal · Phil Michaels · Allen Beck · Jessica Mojica In order to accommodate all of these in addition to the party depositions, we suggest writing to Justice Cohen to request: (1) a three-week extension of the fact discovery deadline, until November 7; (2) a two-week extension of the expert disclosure deadline, until November 29; and (3) a one-week extension of the deadline to complete all discovery, until December 22. Under this scenario, we would not need to extend the current note of issue deadline (December 28) or the dispositive motion deadline (January 23). Would you please let us know by 3 pm today if you consent to this approach? A proposed stipulation reflecting these updated dates is attached. As an FYI, we plan to approach the Court with this proposal either way. Would you please confirm which state Gonca and Berrin will be physically present in for their respective depositions? 6 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 Also, on September 29th, we asked you to confirm whether you will be representing Mr. Beck and Mr. Michaels, and whether you will agree to accept service of their subpoenas. We have not heard back from you. Please let us know. Finally, we reserve the right to pursue the deposition of Steve Levine beyond the close of fact discovery, in light of his health condition. Regards, Scott Scott Parker Office 908.333.6220 | Mobile 973.309.3156 Ext. 101 From: Scott Parker > Sent: Monday, October 3, 2022 10:45 PM To: Hill, Meghan E. >; Michele Kahn >; Sanjay Ibrahim >; Younger, Stephen P. > Cc: Soloway, Todd E. >; Mohler, Bryan T. >; Shaw, Rachel E. > Subject: RE: Deposition Schedule for Tekiner v. Bremen House Inc. [PIB-LEGAL_DMS.FID449713] Meghan, Thank you for finally confirming deposition dates for the parties. With respect to these depositions: · We agree to your proposal to have Yasemin deposed on October 11, conditioned on Gonca being deposed on October 12. · Per Michele’s e-mail to you at 1:33 pm today (and as she has previously advised you), Zeynep will not sit for a second deposition session until all individual parties have been deposed for at least one session. Therefore, Berrin must be deposed on October 13, and Zeynep will continue her deposition on either October 14 or 17 (and on October 14, Zeynep’s counsel has advised that there must be a hard stop at 5:30 pm). Please confirm right away that you agree to these dates, so that we can finally lock them in. · We reserve the right to call back both Gonca and Berrin for additional questioning after their depositions, to inquire about: (1) any additional previously withheld privileged (or other late produced) documents that you may produce after today (to date, you have produced less than 16% of the 9,537 documents that defendants previously withheld); and (2) any mental health documents that you may produce after today (to date, you have produced none). Further, as we noted in our September 29th letter to you, we object to your belated and unfounded substitution of Gonca for Sadan Gurbuzturk pursuant to CPLR 3106(d), and we reserve the right to compel Sadan’s deposition once Gonca’s deposition has been completed, regardless of whether fact discovery 7 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 has ended. We will get back to you under separate cover regarding the multitude of third party depositions for which – based solely upon your months-long delay in confirming the party deposition dates, and your cramming the party depositions into the very end of the fact discovery period – you have made impossible to schedule by the close of fact discovery on October 17th. Regards, Scott Scott Parker Office 908.333.6220 | Mobile 973.309.3156 Ext. 101 From: Hill, Meghan E. > Sent: Monday, October 3, 2022 1:20 PM To: Scott Parker >; Michele Kahn >; Sanjay Ibrahim >; Younger, Stephen P. > Cc: Soloway, Todd E. >; Mohler, Bryan T. >; Shaw, Rachel E. > Subject: [EXTERNAL] Deposition Schedule for Tekiner v. Bremen House Inc. All: Defendants reserve all rights with respect to Plaintiffs’ delinquent and belated production of documents (or lack thereof). Notwithstanding the foregoing, we propose the following schedule for the depositions of the parties: Tuesday 10/11: Yasemin Wednesday 10/12: Gonca Thursday 10/13: Zeynep Friday 10/14: Berrin Gurer Aykal is traveling beginning on 10/15, so his deposition will have to be held prior to that date. Please also advise as to Ms. Rubin’s availability. Sincerely, Meghan _______________________________________ Meghan E. Hill Pryor Cashman LLP 7 Times Square, New York, NY 10036-6569 mhill@pryorcashman.com Direct Tel: 212-326-0808 (also reachable remotely at this number) www.pryorcashman.com A member of Interlaw, an International Association of Independent Law Firms 8 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1180 RECEIVED NYSCEF: 01/31/2023 ________________________________ ***CONFIDENTIALITY NOTICE*** This email contains confidential information which may also be legally privileged and which is intended only for the use of the recipient(s) named above. If you are not the intended recipient, you are hereby notified that forwarding or copying of this email, or the taking of any action in reliance on its contents, may be strictly prohibited. If you have received this email in error, please notify us immediately by reply email and delete this message from your inbox. 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