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Tatas Said He Was Beaten As Kurd At Ali Baba Terrace Now Requests Ruling Despite Docket

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Sept 22 – Mehmet Tatas worked at Ali Baba's Terrace restaurant a block from the United Nations until, he says, the owner Ali Riza Dogan, Senol Bakir and Tolgahan Subakan learned that he was Kurdish.

Then he was assaulted, and called a terrorist because his "son refused to join the Turkish Army."

He was told to remove his Facebook page so that no one would think Ali Baba's Terrace supported the PKK. Tatas became sick, and sued. 

 Ali Baba's Terrace, which is also accused in the U.S. District Court for the Southern District of New York of discriminating against a gay employee, removed the case to the SDNY, where it was assigned to Judge Edgardo Ramos. 

 In September 2021, just before the no-vaccination UN General Assembly week being held by UNSG Antonio Guterres one block east of the restaurant, it was declaring bankruptcy and seeking to stay Tatas claims.

And it has obtained the stay: "ORDER granting [104] Motion to Stay re: [104] MOTION to Stay and Notice of Bankruptcy. The Court is in receipt of Defendants' notice of Ali Baba's bankruptcy and motion to extend the automatic stay to the individual defendants. The motion is GRANTED. First, the Court acknowledges that Ali Baba's filed for bankruptcy in the United States Bankruptcy Court for the Southern District of New York, under Case No. 21-bk-11550 (JLG). Therefore, this matter is automatically stayed as to Ali Baba's pursuant to 11 U.S.C. § 362(a). Second, the Court finds that it is appropriate to extend the stay to the individual defendants. Counsel for Defendants has submitted evidence showing that all Defendants have received coverage under Ali Baba's insurance policy. See Doc. 105-2. Numerous courts in this Circuit have found that enjoining actions as to individual, non-debtor defendants is appropriate when doing so would prevent the depletion of the debtor's assets, including a shared insurance policy. See, e.g., In re Quigley Co., Inc., 676 F.3d 45, 5758 (2d Cir. 2012). Accordingly, the Court will stay this action in its entirety. Defendants are instructed to notify the Court within 48 hours of the resolution of Ali Baba's bankruptcy proceedings. The Clerk of Court is respectfully directed to stay this case. Defendants' request for a temporary stay pending resolution of this motion is therefore denied as moot. (Signed by Judge Edgardo Ramos on 9/16/2021)."

In mid December 2021, this: "LETTER addressed to Judge Edgardo Ramos from M. Tatas, dated 12/16/21 re: I am writing to the Court to respectfully request that the Court give permission to plaintiff to submit his four audio recording physically (as they are in CD form)) to the court if the Court may want to listen, and translate these audio recordings regarding the plaintiff's Responses to the Defendants' Summary Judgment Motion which he already submitted to the Court on 8/27/21. At the same time he also submitted all audio recordings with translations of document from two different interpreters on behalf of plaintiff which included expert reports from interpreter etc. Document filed by Mehmet Emin Tatas. (Attachments: # (1) Exhibit)(sc)." Watch this site.

 Back on May 27 Judge Ramos held a conference in the case, and Inner City Press covered it, below.

 On November 11, the lawyer for Ali Baba and co-defendant Ali Riza Dogan wrote to Judge Ramos to dismiss with prejudice two of Dogan's counterclaims, for "fraud embezzlement" and "fraud and assault." She wrote that "Mr. Dogan is unable to voluntarily withdraw these two counterclaims as of right, because pursuant to FRCP41(c), such withdrawal must be done 'before a responsive pleading is served.'" But it is hard to see Judge Ramos not agreeing to dismiss these (or nearly any other) counterclaims. Watch this site.

  On October 7, Tatas asked for permission to file 50 interrogatories, since he cannot afford a court reporter for depositions: "Re: Tatas v. Ali Baba’s Terrace, Inc. et al., 1:19-cv-105951 Dear Judge Ramos: I am writing to request permission to serve Defendants additional, substantive interrogatories that go beyond the scope permitted in Local Rule 33.3, and in greater number permitted by Federal Rule of Civil Procedure 33(a). I would like to serve an additional 50 interrogatories that will take the place of depositions. I am asking for permission to serve these additional interrogatories as I am pro se and cannot afford the cost of a court reporter for depositions. I asked opposing counsel for permission to serve additional interrogatories on September 23rd, but have not received an answer."  Watch this site.

  It emerged that Ali Baba's Terrace's lawyer in both cases, Diane Krebs, did not want any discussion of settlement to be made public because, she said, of "another case" - on information and belief, the anti-gay discrimination case.

Judge Ramos patiently explained to Tatas that agreeing to a discovery schedule does not mean settling.

On October 23 Judge Ramos held another conference. He approved the 50 interrogatories in place of a deposition; Tatas zeroed in on the restaurant misidentifying the Turkish official he "yelled at and refused to serve" as being the Prime Minister, and not the Minister of Foreign Affairs, Melvut Cavusglu." Judge Ramos told Tatas he could raise that at any trial.

On January 29 Judge Ramos held another proceeding. Tatas had an interpreter, not simultaneous; he apologized for typing $500 loans and not $5000, then said it was $1000. Ali Baba's lawyer said they should not be required to respond to discovery requests about Tatas' complaint. Judge Ramos disagreed, since Tatas is claiming retaliation for having complained.

On May 19, 2021, Judge Ramos held another conference in the case. He gave six more weeks before Ali Baba can start moving for summary judgment.

Jump cut all the way to September 22, 2022: "ecf LETTER addressed to Judge Edgardo Ramos from M. Tatas, dated 9/21/22 re: Plaintiff is fully aware of your Honor's heavy docket. However, it has been 137 days since Defendants' Motion for Consideration was fully briefed, and this lawsuit has been long delayed. Defendants filed for bankruptcy twice, requested multiple extensions; and discovery took one year instead of six months. Plaintiff requests a ruling on Defendants' Motion for Reconsideration at the Court earliest convenience etc. Document filed by Mehmet Emin Tatas."

Inner City Press, which is covering both cases, will have more on this. The Kurdish case is Tatas v. Ali Baba's Terrace, Inc. et al., 19-cv-10595 (Ramos).



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