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8/10/2019 Kesha Depo
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SUPREME COURT OF THE STATE OF NEW YORK
DAS COMMUNICATIONS, LTD.
Plaintiff,
vs.
KESHA ROSE SEBERT p/k/a/ KE HA,
an indiv idual, LUKASZ GOTTWALD p/k/a/
DR. LUKE, an individual,
Defendant.
June 16, 2011
10:10 a.m.
Deposit ion of KESHA ROSE SEBERT, held
at the offices of Proskauer Rose, Eleven
Times Square, New York, New York before
Dav id Henry, a Certified Shorthand Reporter
and Notary Public of the Sta te of New York.
Elisa Dreier Reporting Corp 212) 557-5558
950 Third Avenue, New York, NY 10022
8/10/2019 Kesha Depo
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1
APPEARANCES:
3
FREUNDLICH LAW
4
ttorneys for Plaintiff
16133 Ventura Blvd, Suite 1270
5
ncino, CA 91436-2441
BY: KENNETH D. FREUNDLICH, ESQ.
6
7
ITCHELL SILBERBERG & KNUPP, LLP
Attorneys for Defendant Lukasz
8
ottwald
12 East 49th Street, 30th Fir.
9
ew York, New York 10017-1028
BY: CHRISTINE LEPERA, ESQ.
10
11
ROSKAUER ROSE, LLP
Attorneys for Defendant Kesha Rose
12 ebert
Eleven Times Square
13
ew York, New York 10036-8299
BY: CHARLES B. ORTNER, ESQ.
1 4
Y: DANIEL P GOLDBERGER ESQ
AND: SANDRA A. CRAWSHAW-SPARKS, ESQ.
15
16
1 7
18
LSO PRESENT:
19
ONNIE HAMERMAN
20
ACK ROVNER
21
MILY BURTON
22
LITCH PETERS, Videographer
23
24
25
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
2
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128
1
EBERT
2
've as ked her if she thought her
3
other was exaggerating here, and now she's
4
old me to go line-by-line, so that's what
5
e're doing.
6
s there anything in this
7
ocument that's an exaggeration?
8 .
es.
9 hat?
10 .
hey never forbid me from s igning
11
ith you.
12
o they nev er forbade you from
13
igning with David Sonenberg?
1 4
.
ot to my recollection, no.
15
nything else that's an
16
xaggeration?
17
S. LEPERA:
bjection to the
18
haracterization.
19
R. ORTNER:
ame objection.
20 .
can't speak to the real estate
21
eal. The other issues is a n exaggeration.
22
.
oke and drugs?
23 .
es.
24
r. Luke never gav e you coke or
25
rugs?
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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129
EBERT
2
.
r. Luke never gave me coke.
3
id he give you drugs?
4
.
hat kind of drugs?
5
ny kinds of drugs that are not
6 purchasable at the pharmacy
7
R. ORTNER:
f you know.
8 .
don't know.
9
ou don't know? You just said
10
ny kind of drugs. Didn't that imply or
11
idn't you mean to say that he was giving
12
ou some kind of drugs?
13
R. ORTNER:
ould I have the
1 4
as t question read back. You're
15
iss tating what she said.
16
R. FREUNDLICH: asked if
17
r. Luke had giv en her drugs, and she
18
aid any drugs?
19
ere there some drugs that he
20
ave you?
21
S. LEPERA:
bjection to form.
22
R. ORTNER:
nd you define
23
rugs --
2 4
R. FREUNDLICH:
s drugs that
25
ouldn't be purchased at a pharmacy.
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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130
EBERT
2
R. ORTNER:
o you know
3
hether he gave you any drugs which
4 ould not be purchased at a pharmacy?
5
. don't know.
6
as there a time that he might
7
ave given you drugs that you don't
8 emember?
9
R. ORTNER:
ell, how could
10
he poss ibly remember?
11 S. LEPERA:
bjection to the
12
orm of the ques tion. Objection.
13
e'll get there. I'll show you
1 4 hat later.
15
ow, there came a point in time,
16
id there not, when you signed the deal
17
ith Dr. Luke's company, correct?
18
.
es.
19
nd at that point in tim e did you
20
eliev e that it was a good deal for you?
21
R. ORTNER:
object to the
22
orm of the question.
23
S. LEPERA: ame objection.
24
hen you signe d it did you
25
eliev e it was a good deal for you?
Elise Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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133
EBERT
2
xtent. I can't recal l right now off the
3 op of my head.
4
Exhibit 89, GOTTWALD 01038-41,
5
arked for identification.)
6
his is an e-mail from a
7 entlem an by the name of Jared Scharff to
8 r. Luke, an exchange between them, and
9 t's date d July 9, 2008. I'm going to as k
10
ou in particular to look at the second
11
age, the e-mai l which Jared Scharff
12
rote -- excuse me, t he third page where
13
ared Scharff wrote on July 7, 2008 at
1 4
1:00 p.m., just read that.
15
o you know what a roofie is ?
16
.
es.
17
hat is that?
18
. t's a drug.
19
hich does what?
20
.
t's like a date rape drug.
21
nd do you know who Jared Scharff
22
s?
23
.
o.
24
ou don't remember mee ting Jared
25
charff?
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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134
EBERT
2
.
remember this interaction.
Q
id Dr. Luke ever giv e you a
roofie?
A.
o.
6 id you ever tel l your mother
7 h t you woke up in a hotel room in
8 o twald's bed and you don't recall what
9 appened that night?
10 .
don't remember.
11
.
ow I'm going to give you another
1 2 xhibit that we tal ked about the other day,
13
umber 71. Are you familia r with the term
1 4
YA letter? Do you know what CYA means ?
15 s t his an e -mail that you wrote to Barry
16
erlman?
17
.
hat looks as though t is.
18
.
o you remember chatting with
19 management trying to get your shit worked
20
ut and then telling you they wanted to see
21
he final deal, which is referring to the
22
eal that you made with and si gned with
23 r. Luke?
24
S. LEPERA:
bp ction as to
25
orm
Elise Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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149
1
EBERT
2 emember being upset at Max Martin. Again,
3 he thing that I was diss atis fied with or
4 ind of annoyed with was just getting in
5
he studio. I just wanted to get in the
6 tudio.
7
.
nd was your mother present in
8
hese early meetings with David and
9 eorgie?
10 R. ORTNER:
object to the
11
orm of the question. Can you be
12
pecific about early meetings?
13
.
kay, when -- did you ever have
1 4
n intimate relationship with Gottwald?
15 S. LEPERA:
bjection as to
16
orm.
17 o.
18
.
id Gottwald eve r do drugs in
19
ront of you?
20
S. LEPERA:
bjection as to
21
orm.
22
.
hat kind of drugs?
23
gain, drugs that you
can't buy
24
t Duane Reade.
25
R. ORTNER:
bjection, lack of
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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150
EBERT
2 oundation. You haven't established
3 hat s he would be aware of whether
4
here would -- if he were taking
5 nything, whether they were controlled
6 ubstances or not.
7
nd did Gottwald ever take any
8 rugs that were not -- did Gottwald ever
9 ake any drugs, to your knowledge, that
10
ould not have been purchased
11 ver-the-counter?
12
S. LEPERA:
bjection as to
13
orm. Are you also in cluding or
1 4
xcluding prescription drugs?
15
R. FREUNDLICH:
o, I'm
16
ncluding prescription drugs.
17
S. LEPERA:
s what?
18
R. FREUNDLICH:
s drugs that
19
want to know whether Gottwald ev er
20
id in front of her.
21 .
don't -- I'm still a little
22
nclear as t o the question. Like, could
23
ou specify?
24
ere you ever with Gottwald at a
25
ime when you thought he was high?
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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151
EBERT
2
S. LEPERA: bjection to form.
3
.
e may or may not do drugs.
4
ou don't know if he does drugs?
5
.
don't know if he does drugs.
6
ou don't know if he did drugs
7
ack then?
8
S. LEPERA:
bjection as to
9
orm. What does back then mean?
10
R. ORTNER:
bjection to the
11
orm, objection to lack of foundation,
12
bjection that you haven 't establis hed
13
ven if he did take any, whether they
1 4
ere any controlled substances or not.
15
id you ever fly on an airplane
16
ith Gottwald?
17 .
es.
18
nd if someone tes tified that you
19 were making out with Gottwald on a
20
ross -country trip with Gottwald, would
21
hat be a lie, on a plane?
22
.
o.
23
t wouldn't be a lie?
24
.
o.
25
o you were making out with him
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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153
EBERT
2
ed?
3
S. LEPERA:
sked and
4
nswered.
5
id you ever sleep with
6 Mr Gottwald in the same bed?
7
.
es.
8
nd you didn't have an intim ate
9
elationship while you were sleeping with
10
im in the s ame bed?
11 . o.
12
o prior to the time that you
13
ent Luke the -- prior to the time t hat
1 4
omeone on your behalf sent Luke the
15
ermination letter, back in 05, terminating
16
im --
17 .
o you have a date?
18
et me s how it to you. This has
19
een ma rked already as Exhibit 17. So the
20
ate is es tablished as December 6, 2005.
21
s t hat the letter that Fred Goldring wrote
22
erminating Mr. Gottwald's agreement?
23
.
his s eems to be the letter.
24
nd that's your name in t he CC
25
ine at the bottom there?
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022
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172
1
EBERT
2
nswered.
3
id your mother complain to Dav id
4
bout the fact that Dr. Luke had use d drugs
5 with you and in your presence?
6
R. ORTNER:
hat time frame?
7
ll of this is at the Chateau Marmont?
8
R. FREUNDLICH:
es.
9
id your mother complain about
10
r. Luke having made sexual advances to
11
ou?
12
S. LEPERA:
bjection to form.
13
.
don't know.
1 4
ou were at the meeting though,
15
eren't you? Is it that you don't know or
16
ou don't remember?
17
.
don't know what my mother told
18
o David. I know that I'v e -- Dr. Luke
19
ever made sexual advances at me, so --
20
side from managing your
21
elationship with Dr. Luke, what else was
22
t that you wante d DAS to do for you?
23
.
wanted DAS to help get me in
24
he studio and s tart making a record. Just
25
elp the recording process.
Elisa Dreier Reporting Corp. 212) 557-5558
950 Third Avenue New York NY 10022