Preview
FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023
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 Commercial Division Part 3
The Yasemin Tekiner 2011 Descendants Trust and
derivatively as a holder of equitable interests in a shareholder Hon. Joel M. Cohen
or a member of the Company Defendants,
Mot. Seq. No. __
Plaintiff,
-against-
BREMEN HOUSE INC., GERMAN NEWS COMPANY,
INC., 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., GERMAN NEWS COMPANY,
INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR
AKIPEK, in her capacity as a Trustee of The Zeynep Tekiner
2011 Descendants Trust.
Defendants.
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION TO SEAL
CERTAIN DOCUMENTS RELATING TO HEALTH INFORMATION
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FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023
TABLE OF CONTENTS
TABLE OF AUTHORITIES .......................................................................................................... ii
STATEMENT OF FACTS ..............................................................................................................1
ARGUMENT ...................................................................................................................................2
CONCLUSION ................................................................................................................................3
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TABLE OF AUTHORITIES
Cases
Cohen v S.A.C. Capital Advisors LLC,
2006 NYLJ LEXIS 754 (Sup Ct, NY County Jan 3, 2006) .............................................................2
Coopersmith v Gold,
156 Misc 2d 594 (Sup Ct, Rockland County 1992) .........................................................................2
Mancheski v Gabelli Grp. Capital Partners,
39 AD3d 499 (2d Dept 2007) .........................................................................................................2
In re Twentieth Century Fox Film Corp.,
190 AD2d 483 (1st Dept 1993) .......................................................................................................2
Other Authorities
22 NYCRR § 216.1(a) ....................................................................................................................2
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NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023
Defendants Bremen House Inc., German News, Inc., Berrin Tekiner, Gonca Tekiner, and
Billur Akipek (collectively, “Defendants”) upon the accompanying emergency affirmation of
Bryan T. Mohler (the “Mohler Sealing Affirmation”), submits this memorandum in support of his
motion to seal: (1) Defendants’ Memorandum of Law in Opposition to Plaintiff Yasemin Tekiner
and Intervenor-Plaintiff Zeynep Tekiner’s (together, “Plaintiffs”) Motions to Compel, (2) the
Affirmation of Bryan T. Mohler in Opposition, (3) certain exhibits to the Affirmation of Bryan T.
Mohler in Opposition, each filed January 31, 2023, and (4) the Affirmation of Bryan T. Mohler in
Opposition to Plaintiff’s Motion to Strike Plaintiffs’ and Defendants’ Notes of Issue (the “Sealed
Documents”).
STATEMENT OF FACTS
On November 10, 2022, this Court entered an Amended Stipulation and Order for the
Production and Exchange of Confidential Information (NYSCEF Dkt. No. 856) (the
“Confidentiality Stipulation”) in the above-captioned case. The Confidentiality Stipulation
provides that any Party who seeks to file with the Court any deposition transcripts or other
documents which have been previously been designated as comprising or containing protected
health information or any pleading, brief or memorandum which reproduces, paraphrases or
discloses such protected health information shall submit such document in redacted form until the
Court renders a decision on any motion to seal. In connection with Defendants filing Sealed
Documents relating to health information, Defendants seek to have these documents filed under
seal. Defendants now move to seal those documents in accordance with the Confidentiality
Stipulation.
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ARGUMENT
Pursuant to 22 NYCRR § 216.1(a), a court may “enter an order . . . sealing the court records,
whether in whole or in part” upon a “written finding of good cause.” In determining whether there
is good cause, the court should “weigh[] the interests of the public against the interests of the
parties.” Mancheski v Gabelli Grp. Capital Partners, 39 AD3d 499, 502 (2d Dept 2007). In finding
good cause to seal documents, the Court “presupposes that public access to the documents at issue
will likely result in harm to a compelling interest of the movant…, and that no alternative to sealing
can adequately protect the threatened interest.” Id., at 502. Good cause “boils down to . . . the
prudent exercise of the court’s discretion.” Id., at 502 (citing Coopersmith v Gold, 156 Misc 2d
594, 606 (Sup. Ct., Rockland Cty. 1992)). “[C]onfidentiality is, in certain circumstances,
necessary in order to protect the litigants . . . .” In re Twentieth Century Fox Film Corp., 190 AD2d
483, 486 (1st Dept 1993). “When the balance [of interests] favors confidentiality, confidentiality
should be provided.” Id., at 486. Additionally, New York courts have held that “sensitive
proprietary and business information” should be sealed where “the parties have an interest in
protecting and there is no countervailing public interest that would be furthered by their disclosure.”
Cohen v. S.A.C. Cap. Advisors, LLC, 815 N.Y.S.2d 493 (Sup. Ct., N.Y. Cty. 2006). Here, the
designated documents contain discussion of confidential, protected health communications and
testimony regarding the personal health and treatment information of Defendants. As such, good
cause exists for sealing the documents because the public would have no compelling interest in
having access to such information.
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CONCLUSION
For the foregoing reasons Defendants respectfully request that this Court grant Defendants’
motion to seal.
Dated: New York, New York PRYOR CASHMAN LLP
February 2, 2023
By: ______________________
Todd E. Soloway
Bryan T. Mohler
Rachel E. Shaw
7 Times Square
New York, New York 10036-6569
Tel: (212) 421-4100
Fax: (212) 326-0806
Attorneys for Defendants
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NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023
Certification Required by Rule 17 of the
Rules of the Commercial Division of the Supreme Court
I am the attorney who is filing this document. I hereby certify that this document, exclusive
of the caption, table of contents, table of authorities, and signature block contains 543 words as
counted by the word-processing system used to prepare the document.
_______________
Bryan T. Mohler
4
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Preview
FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023 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 Commercial Division Part 3 The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder Hon. Joel M. Cohen or a member of the Company Defendants, Mot. Seq. No. __ Plaintiff, -against- BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., 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., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Zeynep Tekiner 2011 Descendants Trust. Defendants. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION TO SEAL CERTAIN DOCUMENTS RELATING TO HEALTH INFORMATION 1 of 7 FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023 TABLE OF CONTENTS TABLE OF AUTHORITIES .......................................................................................................... ii STATEMENT OF FACTS ..............................................................................................................1 ARGUMENT ...................................................................................................................................2 CONCLUSION ................................................................................................................................3 i 2 of 7 FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023 TABLE OF AUTHORITIES Cases Cohen v S.A.C. Capital Advisors LLC, 2006 NYLJ LEXIS 754 (Sup Ct, NY County Jan 3, 2006) .............................................................2 Coopersmith v Gold, 156 Misc 2d 594 (Sup Ct, Rockland County 1992) .........................................................................2 Mancheski v Gabelli Grp. Capital Partners, 39 AD3d 499 (2d Dept 2007) .........................................................................................................2 In re Twentieth Century Fox Film Corp., 190 AD2d 483 (1st Dept 1993) .......................................................................................................2 Other Authorities 22 NYCRR § 216.1(a) ....................................................................................................................2 ii 3 of 7 FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023 Defendants Bremen House Inc., German News, Inc., Berrin Tekiner, Gonca Tekiner, and Billur Akipek (collectively, “Defendants”) upon the accompanying emergency affirmation of Bryan T. Mohler (the “Mohler Sealing Affirmation”), submits this memorandum in support of his motion to seal: (1) Defendants’ Memorandum of Law in Opposition to Plaintiff Yasemin Tekiner and Intervenor-Plaintiff Zeynep Tekiner’s (together, “Plaintiffs”) Motions to Compel, (2) the Affirmation of Bryan T. Mohler in Opposition, (3) certain exhibits to the Affirmation of Bryan T. Mohler in Opposition, each filed January 31, 2023, and (4) the Affirmation of Bryan T. Mohler in Opposition to Plaintiff’s Motion to Strike Plaintiffs’ and Defendants’ Notes of Issue (the “Sealed Documents”). STATEMENT OF FACTS On November 10, 2022, this Court entered an Amended Stipulation and Order for the Production and Exchange of Confidential Information (NYSCEF Dkt. No. 856) (the “Confidentiality Stipulation”) in the above-captioned case. The Confidentiality Stipulation provides that any Party who seeks to file with the Court any deposition transcripts or other documents which have been previously been designated as comprising or containing protected health information or any pleading, brief or memorandum which reproduces, paraphrases or discloses such protected health information shall submit such document in redacted form until the Court renders a decision on any motion to seal. In connection with Defendants filing Sealed Documents relating to health information, Defendants seek to have these documents filed under seal. Defendants now move to seal those documents in accordance with the Confidentiality Stipulation. 1 4 of 7 FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023 ARGUMENT Pursuant to 22 NYCRR § 216.1(a), a court may “enter an order . . . sealing the court records, whether in whole or in part” upon a “written finding of good cause.” In determining whether there is good cause, the court should “weigh[] the interests of the public against the interests of the parties.” Mancheski v Gabelli Grp. Capital Partners, 39 AD3d 499, 502 (2d Dept 2007). In finding good cause to seal documents, the Court “presupposes that public access to the documents at issue will likely result in harm to a compelling interest of the movant…, and that no alternative to sealing can adequately protect the threatened interest.” Id., at 502. Good cause “boils down to . . . the prudent exercise of the court’s discretion.” Id., at 502 (citing Coopersmith v Gold, 156 Misc 2d 594, 606 (Sup. Ct., Rockland Cty. 1992)). “[C]onfidentiality is, in certain circumstances, necessary in order to protect the litigants . . . .” In re Twentieth Century Fox Film Corp., 190 AD2d 483, 486 (1st Dept 1993). “When the balance [of interests] favors confidentiality, confidentiality should be provided.” Id., at 486. Additionally, New York courts have held that “sensitive proprietary and business information” should be sealed where “the parties have an interest in protecting and there is no countervailing public interest that would be furthered by their disclosure.” Cohen v. S.A.C. Cap. Advisors, LLC, 815 N.Y.S.2d 493 (Sup. Ct., N.Y. Cty. 2006). Here, the designated documents contain discussion of confidential, protected health communications and testimony regarding the personal health and treatment information of Defendants. As such, good cause exists for sealing the documents because the public would have no compelling interest in having access to such information. 2 5 of 7 FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023 CONCLUSION For the foregoing reasons Defendants respectfully request that this Court grant Defendants’ motion to seal. Dated: New York, New York PRYOR CASHMAN LLP February 2, 2023 By: ______________________ Todd E. Soloway Bryan T. Mohler Rachel E. Shaw 7 Times Square New York, New York 10036-6569 Tel: (212) 421-4100 Fax: (212) 326-0806 Attorneys for Defendants 3 6 of 7 FILED: NEW YORK COUNTY CLERK 02/02/2023 06:56 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1224 RECEIVED NYSCEF: 02/02/2023 Certification Required by Rule 17 of the Rules of the Commercial Division of the Supreme Court I am the attorney who is filing this document. I hereby certify that this document, exclusive of the caption, table of contents, table of authorities, and signature block contains 543 words as counted by the word-processing system used to prepare the document. _______________ Bryan T. Mohler 4 7 of 7