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FILED: NEW YORK COUNTY CLERK 03/03/2023 01:47 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1362 RECEIVED NYSCEF: 03/03/2023
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,
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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NYSCEF DOC. NO. 1362 RECEIVED NYSCEF: 03/03/2023
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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NYSCEF DOC. NO. 1362 RECEIVED NYSCEF: 03/03/2023
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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