Party Notice: Yasemin Tekiner in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants v. Bremen House Inc., German News Company, Inc., Berrin Tekiner, Gonca Tekiner, Billur Akipek in her capacity as a Trustee of the Yasemin Tekiner 2011 Descendants Trust, Zeynep Tekiner (Intervenor Plaintiff)

On December 21, 2020 a Party Notice was filed involving a dispute between Yasemin Tekiner, Yasemin Tekiner In Her Individual Capacity, As A Beneficiary And A Trustee Of The Yasemin Tekiner 2011 Descendants Trust And Derivatively As A Holder Of Equitable Interests In A Shareholder Or A Member Of The Company Defendants, and 254-258 W. 35Th St. Llc, Berrin Tekiner, Billur Akipek In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust, Bremen House Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., Gonca Tekiner, Zeynep Tekiner, for Commercial Division in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 03/06/2023 05:42 PM INDEX NO. 657193/2020
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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YASEMIN TEKINER,
Index No.: 657193/2020
in her individual capacity, as a beneficiary and a Trustee
of The Yasemin Tekiner 2011 Descendants Trust and Commercial Division Part 3
derivatively as a holder of equitable interests in a
shareholder or a member of the Company Defendants, Hon. Joel M. Cohen, J.S.C.

Plaintiff, Motion Seq. No. 52

- against - NOTICE OF ENTRY

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.
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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.
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PLEASE TAKE NOTICE that the attached is a true copy of an Order (Cohen, J.) in this

matter duly entered in the Office of the Clerk of the Supreme Court, New York County, on March

6, 2023 (mislabeled as Motion Seq. No. 51), together with all supporting papers.

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Dated: New York, New York
March 6, 2023

THOMPSON COBURN HAHN & HESSEN

By: /s/ Steven J. Mandelsberg
Steven J. Mandelsberg
Joseph De Santis
488 Madison Avenue
New York, New York 10022
Tel: (212) 478-7200
smandelsberg@thompsoncoburn.com
jdesantis@thompsoncoburn.com

Attorneys for Parker Ibrahim & Berg LLP

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SUPREME COURT OF THE STATE OF NEW YORK
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YASEMIN TEKINER, Index No.: 657193/2020

in her individual capacity, as a beneficiary and a Trustee of Hon. Joel M. Cohen, J.S.C. (Part 3)
The Yasemin Tekiner 2011 Descendants Trust and
derivatively as a holder of equitable interests in a Motion Seq. No. ___
shareholder or a member of the Company Defendants,
EMERGENCY AFFIRMATION
Plaintiff, OF STEVEN J. MANDELSBERG
IN SUPPORT OF PARKER
- against - IBRAHIM & BERG LLP’S
MOTION, BY ORDER TO SHOW
BREMEN HOUSE INC., GERMAN NEWS COMPANY, CAUSE, WHY IT SHOULD NOT
INC., BERRIN TEKINER, GONCA TEKINER, and BE PERMITTED TO FILE ITS
BILLUR AKIPEK, in her capacity as a Trustee of The REDACTED MOTION TO
Yasemin Tekiner 2011 Descendants Trust, WITHDRAW AS CO-COUNSEL
OF RECORD FOR PLAINTIFF
Defendants. YASEMIN TEKINER
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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.
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STEVEN J. MANDELSBERG, an attorney duly admitted to practice law in the Courts

of the State of New York, hereby affirms the following under the penalties of perjury pursuant to

CPLR 2106:

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1. I am a partner of Thompson Coburn Hahn & Hessen LLP, attorneys for Parker

Ibrahim & Berg LLP (“PIB”), co-counsel for Plaintiff Yasemin Tekiner (“Yasemin”).

2. In accordance with this Court’s Notice dated and e-filed March 2, 2023 (NYSCEF

Doc. No. 1358), I respectfully submit this Affirmation in support of PIB’s emergency motion, by

Order to Show Cause, to (i) permit PIB to file its motion to withdraw as co-counsel of record to

Yasemin on NYSCEF and to redact from such motion any and all privileged and confidential

information; (ii) permit PIB to submit confidentially to the Chambers of the Honorable Joel M.

Cohen and to serve via email on Yasemin’s co-counsel and Plaintiff Zeynep Tekiner’s counsel an

unredacted hard copy of such motion, with any responses or reply to the withdrawal motion to be

filed in the same manner; and (iii) fix as the PIB withdrawal motion briefing schedule the same

agreed-upon briefing schedule as provided in my February 27, 2023 letter to this Court (motion

responses on March 22, motion reply on March 29, and motion return date on March 30).

Basis for Hearing and Determining This Motion on an Expedited Basis

3. This motion is made by Order to Show Cause because this Court’s March 2 Notice

specifically authorized such procedure by stating: “In the unusual circumstances presented, in

which court papers may include privileged and confidential information relating solely to the

request to withdraw as counsel, the Court will entertain a motion by Order to Show Cause—with

provisional relief requested—to permit documents with respect to the withdrawal motion to be

filed on NYSCEF with appropriate redactions, with unredacted versions provided to the Court in

hard copy only.”

4. Consideration of this motion on an expedited basis is further warranted because of

the urgent need for immediate relief. As explained in the accompanying Affidavit of Scott W.

Parker, who is a partner at PIB, its long-overdue and unpaid invoices for professional services and

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the tenuous relationship between PIB and Yasemin warrant a hearing and determination of PIB’s

withdrawal motion at the earliest opportunity.

5. The request for provisional relief is justified to allow PIB’s motion to be submitted

and heard as soon as possible and avoid any undue prejudice to Yasemin.

Pertinent Background

6. On February 13, 2023, PIB filed a motion, by emergency Order to Show Cause, to

withdraw as co-counsel for Yasemin (NYSCEF Doc. Nos. 1232-1236).

7. On February 16, 2023 Anthony Harwood, independent counsel for Yasemin, filed

a redacted response to that motion (NYSCEF Doc. No. 1297) and submitted an unredacted motion

response to Chambers.

8. On February 17, 2023, the Court held a conference in Chambers with PIB and

counsel for Plaintiffs and addressed the pending PIB withdrawal motion and a briefing schedule

to be agreed upon for further PIB withdrawal motion submissions.

9. By letter dated February 27, 2023, I notified the Court of my firm’s retention as

counsel for PIB in connection with its withdrawal motion, enclosed a Notice of Appearance, and

advised of the agreed-upon briefing schedule for any PIB further withdrawal motion submissions.

(NYSCEF Doc. Nos. 1359, 1360).

10. On March 2, 2023, the Court issued its Notice which, as previously described,

authorized PIB to seek permission to file a redacted motion to withdraw as co-counsel for PIB and

to submit its unredacted motion confidentially to Chambers.

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Basis for Allowing Redacted Filing of PIB Withdrawal Motion

11. As this Court recognized at the February 17 Chambers conference and in the March

2 Court Notice, PIB should be allowed to redact from its withdrawal motion any confidential,

privileged information that would not be otherwise publicly disclosed. Submissions of unredacted

PIB withdrawal motion-related papers to Chambers will allow the Court to hear and determine

PIB’s withdrawal motion without publicly disclosing such information.

WHEREFORE, PIB respectfully requests that the Court grant this Motion in all respects.

Dated: New York, New York
March 3, 2023

/s/ Steven J. Mandelsberg______
STEVEN J. MANDELSBERG

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CERTIFICATION OF COUNSEL

This Affirmation was prepared on a computer using Microsoft Word. Pursuant to the word

count system in Microsoft Word, the total number of words in this Affirmation, excluding the

caption and signature block, is 679 words.

Dated: New York, New York
March 3, 2023

/s/ Steven J. Mandelsberg______
STEVEN J. MANDELSBERG

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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YASEMIN TEKINER, Index No.: 657193/2020

in her individual capacity, as a beneficiary and a Trustee of Hon. Joel M. Cohen, J.S.C. (Part 3)
The Yasemin Tekiner 2011 Descendants Trust and
derivatively as a holder of equitable interests in a Motion Seq. No. ___
shareholder or a member of the Company Defendants,
AFFIRMATION OF SCOTT W.
Plaintiff, PARKER IN SUPPORT OF
PARKER IBRAHIM & BERG
- against - LLP’S MOTION, BY ORDER TO
SHOW CAUSE, WHY IT
BREMEN HOUSE INC., GERMAN NEWS COMPANY, SHOULD NOT BE PERMITTED
INC., BERRIN TEKINER, GONCA TEKINER, and TO FILE ITS REDACTED
BILLUR AKIPEK, in her capacity as a Trustee of The MOTION TO WITHDRAW AS
Yasemin Tekiner 2011 Descendants Trust, CO-COUNSEL OF RECORD FOR
PLAINTIFF YASEMIN TEKINER
Defendants.
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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.
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SCOTT W. PARKER, an attorney duly admitted to practice law in the Courts of the State

of New York, hereby affirms the following under the penalties of perjury pursuant to CPLR 2106:

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1. I am a partner of Parker Ibrahim & Berg LLP (“PIB”), co-counsel for Plaintiff

Yasemin Tekiner (“Yasemin”), and am fully familiar with the matters set forth herein, having

represented Yasemin in the course of the litigation.