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



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



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?





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.





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




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?





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




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





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?





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





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?





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.



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