Preview
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
E X HI BI T A
1 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
S UP RE ME C O U RT OF T HE ST ATE OF NE W Y O R K
C O U NT Y OF NE W Y O R K
-------------------------------------------------------------------- X
Y A S E MI N T E KI N E R , : I n d e x N o. 6 5 7 1 9 3 / 2 02 0
i n h er i n di vi d u al c a p a cit y, as a b e n efi ci ar y a n d a Tr ust e e : C o m m er ci al Di visi o n P art 3
of t h e Y as e mi n T e ki n er 2 0 1 1 D es c e n d a nts Tr ust a n d
d eri v ati v el y as a h ol d er of e q uit a bl e i nt er ests i n a : H o n. J o el M. C o h e n, J. S. C.
s h ar e h ol d er or a m e m b er of t h e C o m p a n y D ef e n d a nts,
: M oti o n S e q. N o. 5 0
Pl ai ntiff ,
: A F FI D A VI T O F Y A S E MI N
-a g ai nst - T E KI N E R
:
B R E M E N H O U S E I N C., G E R M A N N E W S
C O M P A N Y , I N C., B E R RI N T E KI N E R, G O N C A :
T E KI N E R, a n d BI L L U R A KI P E K, i n h er c a p a cit y as a
Tr ust e e of T h e Y as e mi n T e ki n er 2 0 1 1 D e s ce n d a nts Tr ust, :
D ef e n d a nt s.
------------------------------------------------------------------- X
Z E Y N E P T E KI N E R,
i n h er i n di vi d u al c a p a cit y, as a b e n efi ci ar y a n d a Tr ust e e
of t h e Z e y n e p T e ki n er 2 0 1 1 D es c e n d a nts Tr ust a n d
d eri v ati v el y as a h ol d er of e q uit a bl e i nt er ests i n a
s h ar e h ol d er or a m e m b er of t h e C o m p a n y D ef e n d a nts,
I nt er v e n or-Pl ai ntiff ,
-a g ai nst -
B R E M E N H O U S E I N C., G E R M A N N E W S
C O M P A N Y , I N C., B E R RI N T E KI N E R, G O N C A
T E KI N E R, a n d BI L L U R A KI P E K, i n h er c a p a cit y as a
Tr ust e e of T h e Z e y n e p T e ki n er 2 0 1 1 D e s ce n d a nts Tr ust,
D ef e n d a nts .
2 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
S T A T E O F C A LI F O R NI A
)
:ss:
C O U NT Y OF L OS A N GELES )
Y A S E MI N T E KI N E R, b ei n g d ul y s w or n, d e p os es a n d s a ys:
1. I a m a pl ai ntiff i n t his a cti o n. I s u b mit t his affi d a vit i n o p p ositi o n t o t h e m oti o n of
P ar k er, I br a hi m & B er g L L P ( “ PI B ”) t o wit h dr a w as m y c o u ns el.
2. PI B’s m oti o n t o wit h dr a w is b as e d o n t h e f als e ass erti o ns t h at I h a v e n ot p ai d p ast
d u e i n v oi c es a n d t h at I a m r es p o nsi bl e f or a br e a k d o w n i n c o m m u ni c ati o ns wit h PI B. I n f a ct, I
h a v e p ai d PI B i n f ull f or all a m o u nts d u e u n d er t h e p arti es ' a m e n d e d e n g a g e m e nt a gr e e m e nt. I n
a d diti o n, it is PI B t h at h as f ail e d t o c o m m u ni c a t e wit h m e i n r es p o ns e t o n u m er o us e m ail s I h a v e
s e nt t h e firm a b o ut criti c al d e v el o p m e nts i n t h e c as e, a n d r ef us e d t o m e et wit h m e t o dis c uss t h e
e x c essi v e bil ls it h as iss u e d i n vi ol ati o n of t h e p a rti es’ a gr e e m e nts. PI B h a s a ls o a b a n d o n e d t h e
c as e, a t a c riti c al ti m e, l e a vi n g k e y dis c o v er y u n d o n e. It h as d o n e s o t o pr ess ur e m e t o p ay f u n ds
t h at ar e n ot d u e.
3. As t h e C o urt pr es c i e ntl y o bs er v e d, at t h e last h e a ri n g o n J a n u ar y 1 2, 2 0 1 2,
c o u ns el f ail e d t o c o m pl et e i mp ort a nt dis c o v er y wit hi n t h e d e a dli n es t h e C o urt s et, a n d cr e at e d
e x c essi v e fe e s t o t h e d etri m e nt of t h e p arti es, i n cl u di n g m e. ( Tr a ns cri pt a n n e x e d as E x hi bit 8,
p p. 4, 7- 9, 1 3- 1 5, 1 7, 2 0, 4 7- 4 8, 6 0). It h as al w a ys b e e n a n d still i s m y u n d erst a n di n g t h at
d ef e n d a nts ar e i n l ar g e p art t o bl a m e f or t h e dis c o v er y d el a ys. H o w e v er, PI B c o m p o u n d e d t h at
d el a y. W h at t h e C o urt di d n ot k n o w w h e n it m a d e t h os e c o m m e nts, is t h a t PI B h a s r ef us e d t o d o
w or k o n t his c as e f or t h e l ast t w o m o nt hs or m or e, t o pr ess ur e m e i nt o r e n e g oti ati n g o ur f ee
a gr e e m e nt a n d p a yi n g e x c essi v e f ees t h at I d o n ot o w e.
4. M y f e e a gr e e m e nt wit h PI B is s et f ort h i n a writt e n a gr e e m e nt b et w e e n m e, m y
c o -pl ai ntiff a n d sist er Z e y n e p T e ki n er, PI B, a n d o ur c o -c o u ns el, F ol e y H o a g, L L P ( “ F ol e y ”),
2
3 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
Kahn & Goldberg, LLP ("Kahn"), and Greenfield Stein & Senior, LLP ('USS"). That fee
agreement states in clear and unambiguous ternrs, that our counsel agreed to a
Agreement"
5. The governing language is in the "First Amendment to Payment (the
"Amendment"). The Amendment states.
The parties understand that Yasemm and Zeynep are entering into a finding
agreement with an afEliate of which calls for
Foley. PfB. Kalm and GSS agee that their
legal fees and expenses
(Emphasis added.) A copy of the Amendment is annexed m Exhibit 1.
6. This language clearly states that
parties'
7. The tenn Litigation, as used in the Amendment, is a defined tenn. The
Payment Agreement states that all capitalized terms are defined in a Term Sheet. The Term
Sheet defines Litigation as:
"Litigation"
means the legal action styled Yasemin Tekiner et al. v. Bremen House
Inc., et al, index no. 657193/20, pending in the Supreme Court of the State of
New York, including any appeals, related and subsequent judicial proceedings,
additional cases, lawsuits, arbitration matters, bankruptcy proceedings,
receivership actions settlements, or other formal or mformal proceedings filed or
efforts undertaken by or on behalf of Countenarty agamst or with any defendants
based on the same or substantially similar business dealings, facts or claima
3
4 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
A copy ofthe Payment Agreement is annexed as Exhibit 2. The relevant pages of Term
Sheet are annexed as Exhibit 3.
S. The Payment Agreement, the Amendment and the Term Sheet, taken together,
clearly obligate PIB to represent me for
9. The Payment Agreement states that it "Inodifies the retainer agreements between
Yasema Zeynep, Foley, PIB, Kahn and GSS (the "Retamer Agreements"). The
terms in the Amendment modify the fee provisions of the Retainer Agreements, creating a
ee agreement that supersedes the prior agreements about fees.
10. A copy of the relevant
pages of the funding agreement is annexed as Exhibit 4. Under the Payment Agreement as
11. PIB received Irm1sfers 111at Zeynep and I
authorized.
A copy of P1B's budget is annexed as Exhibit 5.
4
5 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
12. I first raised objections to PE's invoices in July 2022. At that point we had
received two requests for payment from PE, both of whichwe paid. The first was-the initial
funding allocated for expenses and fees to PE covering the period from February through the
months"
end of May. That payment request was for for a period of only four work.
PIB has never submitted an invoice to us with contemporaneous time records describing the
work for this pened, despite numerous requests. Thesecond payment request covered only the
month of June 2022. That request was for We received that in late July 2022.
13. Although Zeynep and I authorized payment and PIB received timely payment for
both of these bills, totaling objected to Steve Younger, who had been acting as
lead counsel for me since the inception of the case. At that time, he was a partner with Foley,
PE's co-counsel.
Mr. Younger conftuned to me in emails that he spoke with Scott Parker at PE
about my objections. Mr. Younger reported that Mr. Paker said the next months would be
lower, but they weren't.
14. We authorized payment of subsequent bills, and PB received those payments,
until it submitted a bill in late October
15. At that point PIB started and us. and through co-
pressuring threatening directly
counsel, to pay amounts that were not due
In the face of this we retamed Hmwood Law to help us deal with this situation. There were
5
6 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
several communications both directly between us and PE, by our counsel with PIB, and with
Mr. Younger and Michele Kahn about these disputed bills.
I6. During these discussions about the disputed bills, my attorney Anthony Harwood,
sent an email to Scott Padter at PB, about the fee agreements. That email explained the
fee arrangement, quotmg the relevant language. In that email Mr. Hmwood commented that PIB
seemed to have a different interpretation of the fee agreement, and asked Mr. Parker to "Please
mterpretation."
point us to the language in the agreements that supports your Mr. Parker never
pointed to any language contradicting the language R stead,
Mr. Parker sent a ann-substantive response that did not address the language of the agreement.
A copy of Mr. Harwood's email to Mr. Parker is annexed as Exhibit 9. A copy of Mr. Parker's
response is annexed as Extu it 10.
17. In December, PE broke o#discussions about the disputed bills, cancelling a
meeting that we had scheduled with PB and others to discuss a resolution. A copy of PB's
email cancelling the meeting is annexed as Exhibit 6.
18. Following its cancellation of the meeting, PlB sent an email dated December 16,
2022, stating that it was stopping work and would withdraw as counsel. A copy of that email is
annexed as Exhibit 7. After sending that email, PE never appeared again on any pleadings, did
not attend any depositions, and did not appear at any court hearings. During this period, PE did
not respond to several emah I sent to Mr. Parker and Mr. Ibrahim about the substantive aspects
of the case that needed immediate attention.
19. PB's work stoppage came at a critical time as discovery was coming to a close.
The Comt commented at the heareg on Janumy 12, 2023, that important discovery, includmg
expert discovery, was not completed in November and December. (Transcript Ex. 8 p. 48.) The
6
7 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
Court questioned why important depositions were not completed between October and
December. Id. p.13. PB's wadcstoppage came during this crucial period. It used its work
stoppage to pressure us into paying bills we do not owe. That work stoppage explains, at least in
part, why important discovery was not completed.
20. PIB has no right to withdraw in these circumstances. It has a contractual
obligation It has damaged me by
using its withdrawal and work stoppage to pressure me and Zeynep into paymg bills we do not
owe. It has stopped responding to my emails, yet ironically, claims that it should be allowed to
withdraw because of a breakdown in commumcations.
2 I. PE has charged excessive fees that should be fefimded. It received
for anly 7 months of work (February through August 2022). There were an unnecessarily large
number of partners working on the case, doing duplicative tasks and performing work that
should have been performed by associates at a lower billing rate, including document review.
There were an excessive number of attomeys working on the s ame tasks, such as preparation for
Gonca's deposition. Attomeys worked excessive hours - in at least one case an attorney billed
for a 20 hour day. There was an excessive amount of time billed to strategy. The review and
production of Zeynep's text messages involved more than 125 hours over a few days with too
many high-level attorneys. There is work product that PB never provided to the clients,
unnecessary work, bilhug for work that the clients never authorized and that was inconsistent
with the approved strategy. Mr. Younger, PIB's co-counsel described PlB's work to me as
excessive, as did the funder
7
8 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
22. PIB to withdraw at this point would be highly prejudicial to me.
Allowing
Zeynep and I beve invested $1.7 million in PIB learning.the case. If they are allowed to stop
working and withdraw, we will have lost a large part of the value of that investment . .
23. For the reasons, I oppose PIB's motion to withdraw, and I reserve all
foregoing
my rights against PlB, including, without limitation, claims for damages, a refund of fees and a
discharge of liens. . . . . .
in Tekiner
Subscribed and sworn to before me this b day of February 2023
NOTARY PUBLIC . etevam m
9 of 10
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023
C E R TI FI C A TI O N P U R S U A N T T O C O M M E R CI A L DI VI SI O N R U L E 1 7
I h er e b y c ertif y t h at t h e f or e g oi n g Affi d a vit c o m pli es wit h R ul e 1 7 of s u b di visi o n ( g) of
se cti o n 2 0 2. 7 0 of t h e U nif or m R ul e f or t h e S u pr e m e C o urt a n d C o u nt y C o urt ( R ul es of Pr a cti c e
f or t h e C o m m er ci al Di visi o n of t h e S u pr e m e C o urt), a n d h as a w or d c o u nt of l ess t h a n 7, 0 0 0
w or ds.
D at es: N e w Y or k, N e w Y or k
F e br u ar y 1 6, 2 0 2 3
_____________________________
A nt h o n y J. H ar w o o d
10 of 10
Preview
FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 E X HI BI T A 1 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 S UP RE ME C O U RT OF T HE ST ATE OF NE W Y O R K C O U NT Y OF NE W Y O R K -------------------------------------------------------------------- X Y A S E MI N T E KI N E R , : I n d e x N o. 6 5 7 1 9 3 / 2 02 0 i n h er i n di vi d u al c a p a cit y, as a b e n efi ci ar y a n d a Tr ust e e : C o m m er ci al Di visi o n P art 3 of t h e Y as e mi n T e ki n er 2 0 1 1 D es c e n d a nts Tr ust a n d d eri v ati v el y as a h ol d er of e q uit a bl e i nt er ests i n a : H o n. J o el M. C o h e n, J. S. C. s h ar e h ol d er or a m e m b er of t h e C o m p a n y D ef e n d a nts, : M oti o n S e q. N o. 5 0 Pl ai ntiff , : A F FI D A VI T O F Y A S E MI N -a g ai nst - T E KI N E R : B R E M E N H O U S E I N C., G E R M A N N E W S C O M P A N Y , I N C., B E R RI N T E KI N E R, G O N C A : T E KI N E R, a n d BI L L U R A KI P E K, i n h er c a p a cit y as a Tr ust e e of T h e Y as e mi n T e ki n er 2 0 1 1 D e s ce n d a nts Tr ust, : D ef e n d a nt s. ------------------------------------------------------------------- X Z E Y N E P T E KI N E R, i n h er i n di vi d u al c a p a cit y, as a b e n efi ci ar y a n d a Tr ust e e of t h e Z e y n e p T e ki n er 2 0 1 1 D es c e n d a nts Tr ust a n d d eri v ati v el y as a h ol d er of e q uit a bl e i nt er ests i n a s h ar e h ol d er or a m e m b er of t h e C o m p a n y D ef e n d a nts, I nt er v e n or-Pl ai ntiff , -a g ai nst - B R E M E N H O U S E I N C., G E R M A N N E W S C O M P A N Y , I N C., B E R RI N T E KI N E R, G O N C A T E KI N E R, a n d BI L L U R A KI P E K, i n h er c a p a cit y as a Tr ust e e of T h e Z e y n e p T e ki n er 2 0 1 1 D e s ce n d a nts Tr ust, D ef e n d a nts . 2 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 S T A T E O F C A LI F O R NI A ) :ss: C O U NT Y OF L OS A N GELES ) Y A S E MI N T E KI N E R, b ei n g d ul y s w or n, d e p os es a n d s a ys: 1. I a m a pl ai ntiff i n t his a cti o n. I s u b mit t his affi d a vit i n o p p ositi o n t o t h e m oti o n of P ar k er, I br a hi m & B er g L L P ( “ PI B ”) t o wit h dr a w as m y c o u ns el. 2. PI B’s m oti o n t o wit h dr a w is b as e d o n t h e f als e ass erti o ns t h at I h a v e n ot p ai d p ast d u e i n v oi c es a n d t h at I a m r es p o nsi bl e f or a br e a k d o w n i n c o m m u ni c ati o ns wit h PI B. I n f a ct, I h a v e p ai d PI B i n f ull f or all a m o u nts d u e u n d er t h e p arti es ' a m e n d e d e n g a g e m e nt a gr e e m e nt. I n a d diti o n, it is PI B t h at h as f ail e d t o c o m m u ni c a t e wit h m e i n r es p o ns e t o n u m er o us e m ail s I h a v e s e nt t h e firm a b o ut criti c al d e v el o p m e nts i n t h e c as e, a n d r ef us e d t o m e et wit h m e t o dis c uss t h e e x c essi v e bil ls it h as iss u e d i n vi ol ati o n of t h e p a rti es’ a gr e e m e nts. PI B h a s a ls o a b a n d o n e d t h e c as e, a t a c riti c al ti m e, l e a vi n g k e y dis c o v er y u n d o n e. It h as d o n e s o t o pr ess ur e m e t o p ay f u n ds t h at ar e n ot d u e. 3. As t h e C o urt pr es c i e ntl y o bs er v e d, at t h e last h e a ri n g o n J a n u ar y 1 2, 2 0 1 2, c o u ns el f ail e d t o c o m pl et e i mp ort a nt dis c o v er y wit hi n t h e d e a dli n es t h e C o urt s et, a n d cr e at e d e x c essi v e fe e s t o t h e d etri m e nt of t h e p arti es, i n cl u di n g m e. ( Tr a ns cri pt a n n e x e d as E x hi bit 8, p p. 4, 7- 9, 1 3- 1 5, 1 7, 2 0, 4 7- 4 8, 6 0). It h as al w a ys b e e n a n d still i s m y u n d erst a n di n g t h at d ef e n d a nts ar e i n l ar g e p art t o bl a m e f or t h e dis c o v er y d el a ys. H o w e v er, PI B c o m p o u n d e d t h at d el a y. W h at t h e C o urt di d n ot k n o w w h e n it m a d e t h os e c o m m e nts, is t h a t PI B h a s r ef us e d t o d o w or k o n t his c as e f or t h e l ast t w o m o nt hs or m or e, t o pr ess ur e m e i nt o r e n e g oti ati n g o ur f ee a gr e e m e nt a n d p a yi n g e x c essi v e f ees t h at I d o n ot o w e. 4. M y f e e a gr e e m e nt wit h PI B is s et f ort h i n a writt e n a gr e e m e nt b et w e e n m e, m y c o -pl ai ntiff a n d sist er Z e y n e p T e ki n er, PI B, a n d o ur c o -c o u ns el, F ol e y H o a g, L L P ( “ F ol e y ”), 2 3 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 Kahn & Goldberg, LLP ("Kahn"), and Greenfield Stein & Senior, LLP ('USS"). That fee agreement states in clear and unambiguous ternrs, that our counsel agreed to a Agreement" 5. The governing language is in the "First Amendment to Payment (the "Amendment"). The Amendment states. The parties understand that Yasemm and Zeynep are entering into a finding agreement with an afEliate of which calls for Foley. PfB. Kalm and GSS agee that their legal fees and expenses (Emphasis added.) A copy of the Amendment is annexed m Exhibit 1. 6. This language clearly states that parties' 7. The tenn Litigation, as used in the Amendment, is a defined tenn. The Payment Agreement states that all capitalized terms are defined in a Term Sheet. The Term Sheet defines Litigation as: "Litigation" means the legal action styled Yasemin Tekiner et al. v. Bremen House Inc., et al, index no. 657193/20, pending in the Supreme Court of the State of New York, including any appeals, related and subsequent judicial proceedings, additional cases, lawsuits, arbitration matters, bankruptcy proceedings, receivership actions settlements, or other formal or mformal proceedings filed or efforts undertaken by or on behalf of Countenarty agamst or with any defendants based on the same or substantially similar business dealings, facts or claima 3 4 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 A copy ofthe Payment Agreement is annexed as Exhibit 2. The relevant pages of Term Sheet are annexed as Exhibit 3. S. The Payment Agreement, the Amendment and the Term Sheet, taken together, clearly obligate PIB to represent me for 9. The Payment Agreement states that it "Inodifies the retainer agreements between Yasema Zeynep, Foley, PIB, Kahn and GSS (the "Retamer Agreements"). The terms in the Amendment modify the fee provisions of the Retainer Agreements, creating a ee agreement that supersedes the prior agreements about fees. 10. A copy of the relevant pages of the funding agreement is annexed as Exhibit 4. Under the Payment Agreement as 11. PIB received Irm1sfers 111at Zeynep and I authorized. A copy of P1B's budget is annexed as Exhibit 5. 4 5 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 12. I first raised objections to PE's invoices in July 2022. At that point we had received two requests for payment from PE, both of whichwe paid. The first was-the initial funding allocated for expenses and fees to PE covering the period from February through the months" end of May. That payment request was for for a period of only four work. PIB has never submitted an invoice to us with contemporaneous time records describing the work for this pened, despite numerous requests. Thesecond payment request covered only the month of June 2022. That request was for We received that in late July 2022. 13. Although Zeynep and I authorized payment and PIB received timely payment for both of these bills, totaling objected to Steve Younger, who had been acting as lead counsel for me since the inception of the case. At that time, he was a partner with Foley, PE's co-counsel. Mr. Younger conftuned to me in emails that he spoke with Scott Parker at PE about my objections. Mr. Younger reported that Mr. Paker said the next months would be lower, but they weren't. 14. We authorized payment of subsequent bills, and PB received those payments, until it submitted a bill in late October 15. At that point PIB started and us. and through co- pressuring threatening directly counsel, to pay amounts that were not due In the face of this we retamed Hmwood Law to help us deal with this situation. There were 5 6 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 several communications both directly between us and PE, by our counsel with PIB, and with Mr. Younger and Michele Kahn about these disputed bills. I6. During these discussions about the disputed bills, my attorney Anthony Harwood, sent an email to Scott Padter at PB, about the fee agreements. That email explained the fee arrangement, quotmg the relevant language. In that email Mr. Hmwood commented that PIB seemed to have a different interpretation of the fee agreement, and asked Mr. Parker to "Please mterpretation." point us to the language in the agreements that supports your Mr. Parker never pointed to any language contradicting the language R stead, Mr. Parker sent a ann-substantive response that did not address the language of the agreement. A copy of Mr. Harwood's email to Mr. Parker is annexed as Exhibit 9. A copy of Mr. Parker's response is annexed as Extu it 10. 17. In December, PE broke o#discussions about the disputed bills, cancelling a meeting that we had scheduled with PB and others to discuss a resolution. A copy of PB's email cancelling the meeting is annexed as Exhibit 6. 18. Following its cancellation of the meeting, PlB sent an email dated December 16, 2022, stating that it was stopping work and would withdraw as counsel. A copy of that email is annexed as Exhibit 7. After sending that email, PE never appeared again on any pleadings, did not attend any depositions, and did not appear at any court hearings. During this period, PE did not respond to several emah I sent to Mr. Parker and Mr. Ibrahim about the substantive aspects of the case that needed immediate attention. 19. PB's work stoppage came at a critical time as discovery was coming to a close. The Comt commented at the heareg on Janumy 12, 2023, that important discovery, includmg expert discovery, was not completed in November and December. (Transcript Ex. 8 p. 48.) The 6 7 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 Court questioned why important depositions were not completed between October and December. Id. p.13. PB's wadcstoppage came during this crucial period. It used its work stoppage to pressure us into paying bills we do not owe. That work stoppage explains, at least in part, why important discovery was not completed. 20. PIB has no right to withdraw in these circumstances. It has a contractual obligation It has damaged me by using its withdrawal and work stoppage to pressure me and Zeynep into paymg bills we do not owe. It has stopped responding to my emails, yet ironically, claims that it should be allowed to withdraw because of a breakdown in commumcations. 2 I. PE has charged excessive fees that should be fefimded. It received for anly 7 months of work (February through August 2022). There were an unnecessarily large number of partners working on the case, doing duplicative tasks and performing work that should have been performed by associates at a lower billing rate, including document review. There were an excessive number of attomeys working on the s ame tasks, such as preparation for Gonca's deposition. Attomeys worked excessive hours - in at least one case an attorney billed for a 20 hour day. There was an excessive amount of time billed to strategy. The review and production of Zeynep's text messages involved more than 125 hours over a few days with too many high-level attorneys. There is work product that PB never provided to the clients, unnecessary work, bilhug for work that the clients never authorized and that was inconsistent with the approved strategy. Mr. Younger, PIB's co-counsel described PlB's work to me as excessive, as did the funder 7 8 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 22. PIB to withdraw at this point would be highly prejudicial to me. Allowing Zeynep and I beve invested $1.7 million in PIB learning.the case. If they are allowed to stop working and withdraw, we will have lost a large part of the value of that investment . . 23. For the reasons, I oppose PIB's motion to withdraw, and I reserve all foregoing my rights against PlB, including, without limitation, claims for damages, a refund of fees and a discharge of liens. . . . . . in Tekiner Subscribed and sworn to before me this b day of February 2023 NOTARY PUBLIC . etevam m 9 of 10 FILED: NEW YORK COUNTY CLERK 02/17/2023 12:47 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1297 RECEIVED NYSCEF: 02/17/2023 C E R TI FI C A TI O N P U R S U A N T T O C O M M E R CI A L DI VI SI O N R U L E 1 7 I h er e b y c ertif y t h at t h e f or e g oi n g Affi d a vit c o m pli es wit h R ul e 1 7 of s u b di visi o n ( g) of se cti o n 2 0 2. 7 0 of t h e U nif or m R ul e f or t h e S u pr e m e C o urt a n d C o u nt y C o urt ( R ul es of Pr a cti c e f or t h e C o m m er ci al Di visi o n of t h e S u pr e m e C o urt), a n d h as a w or d c o u nt of l ess t h a n 7, 0 0 0 w or ds. D at es: N e w Y or k, N e w Y or k F e br u ar y 1 6, 2 0 2 3 _____________________________ A nt h o n y J. H ar w o o d 10 of 10