dr. luke vs. kesha countersuit

8/10/2019 Dr. Luke vs. Kesha Countersuit

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Attorney(s) for Plaintiff(s)

Office and Post Office Ad dress:

12 East 49th Street, 30th Floor

New York, New York 10017

Telephone No: (212) 509-3900

(Plaintiffs attorney must sign above dtype n

Christine Lepera

MITCHELL SILBERBERG ICNUPP LLP

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

LUKASZ G OTTWALD p/k/a DR. LUKE, and KASZ

MO NEY, INC., a corporation,

Plaintiff(s)

-against-

KESHA R OSE SEBERT p/k/a KESHA, PEBE SEBERT,

VECTOR M ANAGEM ENT, LLC, and JACK ROV NER,

Defendant(s)

Index No.

SUMMONS

Designated cou nty of trial:

New York

The basis of the venue

designated is: contractual agreement;

C.P.L.R. § 503

Plaintiff s address

(if venue based

on residence of plaintiff):

Date Sum mon s filed with the

clerk of the court: October 14, 2014

To the above nam ed defendant(s):

YOU ARE HEREBY SUMMONED and required to serve upon plaintiff s attorney, at

the address stated below, an answer to the attached complaint within twenty 20) days after the

service of this summ ons, exclusive of the day of service, or within thirty (30) days after service

is complete if this summons was not personally delivered to you within the State of New York;

upon your failure to answer, judgment will be taken against you by default for the relief

demanded in the com plaint.

Dated: October 14, 2014

American LegalNet, Inc.

vove.v.FormsWorkflow.com

INDEX NO. UNASSI

YSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/14/



SUPREME COURT FOR THE STATE OF NEW YORK

COUNTY OF NEW YORK

LUKASZ GOTTWALD p/k/a DR. LUKE, and KASZ

MONEY, INC., a corporation,

Index No.

Plaintiffs,

COMPLAINT

-against-

: Jury Trial Demanded

KESHA ROSE SEBERT p/k/a KESHA, PEBE SEBERT, :

VECTOR MANAGEMENT, LLC, and JACK ROVNER, :

Defendants.

Plaintiffs Lukasz Gottwald p/k/a Dr. Luke ( Gottwald ) and Kasz Mone y, Inc. ( KM I

and collectively with Gottwald, Plaintiffs ), by and through their undersigned attorneys, as and

for their Complaint against Defend ants Kesha Rose Sebert p/k/a Kesha ( Kesha ), Pebe Sebert

( P ebe ), Vector Managem ent, LLC ( V ector ), and Jack Rovne r ( R ovner and collectively

with Kesha, Pebe, and Vector, De fendants ), allege as follows:

PRELIMINARY STATEMENT

1.

This case arises out the artist Kesha's repud iation of her longstanding exclusive

recording agreement with Lukasz Gottwald, a well-renowned music producer. In 2005,

Gottwald discovered Kesha — who at the time was com pletely unknown — and signed her to a

record deal. He procee ded to de vote significant time and effort into her career, ultimately

turning her into the p rominent p latinum-selling artist that she is tod ay.

2. In the last year, Kesha, her mother Pebe , and her newly hired manag eme nt

company Vector Managem ent, LLC, have sought to have Kesha break her agreement w ith

Gottwald. In violation of her agreemen t with Gottwald, Kesha has, among other things, refused



to comply w ith her ongoing obligations to deliver sound recordings to Go ttwald, or to allow

Gottwald to produce her wo rk.

3.

As part of her repudiation of her contract with Gottwald, Kesha and P ebe have

also resorted to a campaign of publishing defam atory stateme nts against Gottwald, to nume rous

third parties. These d efamatory statemen ts contain lurid allegations of physical and mental abuse

of Kesha

allegations that Kesha an d Pebe have them selves admitted are false

Kesha and her

mother Peb e have wielded these d efamatory statements in an attempt to extort Gottwald into

releasing Kesha from the ex clusive recording agreement.

4.

Defendants' injurious conduct should not be countenanced. Gottwald has upheld

his end of the bargain, devoting the better part of a decade to transforming Ke sha from an

unknown entity into a well-known recording star. Kesha's repudiation of this contractual

relationship, and her and h er mother's ongoing cam paign to extort a release by tarnishing

Gottwald's reputation, has caused dam age to Gottwald as alleged herein.

PARTIES

5. Lukasz Gottwald is a New York resident.

6.

Kasz M oney, Inc. is incorporated in New Y ork.

7.

Upon information and belief, Kesha Ro se Sebert is a California resident who is a

singer-songwriter engaged in the business of creating music for distribution nationwide and in

New Y ork.

8.

Upon information and belief, Kesha's mother, Pebe Sebert, is a California

resident who is also a singer-songw riter and has co-written various.of Kesha's songs (including

Animal

and

Cannibal ) .

Pebe is accordingly engage d in the business of creating music for

distribution nationwide and in N ew Y ork.

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9.

Upon information and belief, Vector Management, LLC is incorporated in

Delaw are and is authorized to do business in, and maintains an office in, New York.

10.

Upon inform ation and belief, Jack Rovner is the president of Vector and both

resides in, and does business in, New Yo rk.

JURISDICTION AND VENU E

11.

This Court has personal jurisdiction over Vector and R ovner, both of whom are

domiciled in New York, pursuant to New York Civil Practice Law and Rules § 301.

12. This Court has personal jurisdiction over all Defendants pursuant to New York

Civil Practice Law and Rules §§ 301 and 30 2 becau se they are transacting business in the State

of New York, have en gaged in acts in violation of Plaintiffs' rights in the State of New York,

and/or have bee n and are causing injury to Plaintiffs in the State of New Y ork.

13. Venue is proper in the County of New York pursuant to the agreement between

Kesha and G ottwald/KM I, which provides for sole jurisdiction in New York for any

controversies regarding the agreemen t.

14. Venu e is also proper in the County of New York pursuant to New York Civil

Practice Law and Rules § 503.

S TATEM ENT OF F ACTS

A .

ottwald Discovers Kesha, Signs Her to an Exclusive Recording Deal, and

Brings Her to Prominence

15. Gottwald — w ho is professionally known as Dr. Luke — is a Grammy-nominated

songwriter and prod ucer of smash h it musical recordings by artists including Katy Perry, Britney

Spears, and Kelly Clarkson, among others. Gottwald has written the most Number One songs of

any songw riter ever. He was nam ed by Billboard as one of the top ten producers of the decade in

2009 and the Producer and Songwriter of the Year for 2010, and was the 2010 A SCAP

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Songw riter of the Year. Gottwald is also the principal and owner of Kasz Money, Inc. ( KM I ),

his solely owned corporation. KMI furnishes the services of certain individuals in the

entertainment industry.

16.

In or about 2005, Gottwald discovered an unknown and unsigned musical artist

named Kesha Rose Sebert when he listened to her demo tape. Recognizing her potential,

Gottwald called Kesh a at her home in Nashville, Tennessee and ex pressed interest in working

with her. Kesha, in turn, was excited to be provided with an opportunity to work with Gottwald

and record his songs. Thus, the parties' working relationship began.

17. In order to further their working relationship, Kesha en tered into an exclusive

recording agreement with Gottwald's company KMI, effective as of September 26, 2005 (the

Gottwald Recording Agreement ). Under the terms of the Gottwald Recording Agreement,

Kesha agreed , among other things, that (a) she would provide her exclusive recording services to

KM I for a specified term, which at ICMI's election could be extended through the release of

Kesha's sixth album; (b) Gottwald would be en gaged to provide production services for at least

six recordings on each Kesha album ; and (c) Gottwald would be provided with a specified

percentage of the sales of each such recording he produced. Under the Gottwald Recording

Agreement, Gottwald is expressly intended as a third-party beneficiary of the agreement. Kesha

and KM I executed multiple amendments to the Gottwald Recording Agreem ent in 2008 and

200 9, continuing their working relationship. In 200 9, KMI also negotiated and executed an

agreement with the RCA/JIVE record label to promote Kesha's recordings.

18.

Plaintiffs produced and prom oted Kesha's debut album for ICM I entitled

Animal

and follow-up EP for KMI entitled

Cannibal ,

both of which were released in 2010. Both of

these works feature extensive songw riting and production contributions from Gottwald, have

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sold millions of copies worldwide, and have spawned numerous Number 1 singles, including

Tik Tok

and

We R W ho We R .

Gottwald put substantial energy into taking Kesha — a

previously unknown singer — and transforming her into the well-known artist that she now is.

B.

esha Enters Into a M anagement Agreement with Vector and R epudiates

the Gottwald Recording A greement

19.

In or around 2013, K esha hired a firm, Vector M anagement LLC, to serve as her

manager.

20.

Upon inform ation and belief, Vector and its president Rovner have sough t to

influence Kesha and have her break her agreement with Gottwald and KMI. Upon information

and belief, Vector and Rovner believe that if Kesha broke h er exclusive recording agreemen t

with Gottwald and K MI, Vector and Ro vner would stand to gain a larger share of any profits to

be derived from K esha's future records.

21.

Pebe, as Ke sha's mother, has also taken an active interest and role in her

daughter's music career. Upon information and belief, Pebe discussed with Kesha the prospect

of enlisting Vector as her manag er, and ultimately breaking her agreem ent with Gottwald and

KMI.

22.

After Kesh a signed with Vector, Kesha began trying to get out of the Gottwald

Recording A greem ent and otherwise took acts to repud iate it. In violation of the Gottwald

Recording Agreement, Kesha has stopped delivering sound recordings to Gottwald and has

refused to allow Gottwald to produce her work, among other things. Upon information and

belief, Kesha's repudiation of the Gottwald Record ing Agreem ent occurred at least in part under

the direction and influence of Pebe and /or Vector and Rovner.

5



C.

esha and Pebe U se a C ampaign of False Accusations Against Gottwald to

Extort P laintiffs Into Letting Kesha O ut of the Gottwald Recording

Agreement

23.

As part of the effort to get out of the Gottwald Recording A greement, Kesha and

Pebe hav e also orchestrated a campaign of publishing false and shocking accus ations against

Gottwald to extort Plaintiffs into letting Ke sha out of the Gottwald R ecording A greem ent.

24.

On October 29 and 30, 2013, Pebe emailed Gottwald's attorney. On December

30, 201 3, Pebe also transmitted a letter to Gottwald and his representatives and various other

third parties. In these comm unications, Pebe claimed, among other things, that Dr. Luke abused

Kesha, both physically and mentally, and called her 'NOTHING WITHOUT HIM'''. Pebe

also called Gottwald and his representatives fucking criminals. Pebe also indicated that she

was sending all of this [i.e., her accusations about Gottwald] to a blogger who started a Free

Kesha website. All of these accusations above are false. Indeed, Pebe and Kesha know these

accusations are false.

25.

Despite the patent falsity of these accusations, Pebe has m ade clear that extortion

is the ultimate goal of this defam atory campaign. In comm unications with Gottwald and his

representatives, Pebe has threatened to further disseminate accusations of the type above u nless

Gottwald m akes substantial business concessions and lets Kesha out of the Gottwald R ecording

Agreement. Pebe has also had Kesha terminate her attorneys and hire new ones, who have

threatened to sue G ottwald and K MI ove r various meritless claims unless Plaintiffs agree to

release Kesha from the G ottwald R ecording Agreement.

26.

Upon information and belief, Pebe and Kesha have discussed — and thus

published — these accusations about Go ttwald to one another. Upon information and be lief,

Kesha is the source of these allegations that Pebe has m ore broadly disseminated to third parties.

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27.

Thereafter, in the Summer of 2014, attorneys representing Kesha showed a third

party — w ith whom Gottwald does business and who has business interests in Kesha's music — a

purported draft complaint against Gottwald which contained false and scurrilous accusations

against Gottwald of, among other things, purported physical abuse of Kesha. Even more

shockingly, the draft complaint contained many false and scandalous accusations regarding

Gottwald which had nothing to do with his dealings with Kesha. In a blatant act of extortion,

Kesha's attorneys informed the third party that if Gottwald did not agree to let Kesha ou t of her

recording agreement, they would file the draft complaint , thereby tarnishing Gottvvald's

reputation. Obviously cognizant of the unlawful nature of this conduct, Kesha's attorneys

refused to let the third party retain a copy of the draft complaint , and refused to allow Gottwald

or his representatives to even look at it.

C O U N T I

Defamation Against Kesha and Pebe, Alleged on Behalf of Gottwald)

28.

Plaintiffs restate and incorporate by reference the allegations contained in

paragraphs 1 through 2 7 as if fully stated herein.

29.

The statements that Kesha and Pebe made concerning Gottwald, as detailed

above, are false.

30.

The false statements that Kesha and Pebe made concerning Gottwald were

published to v arious third parties.

31.

In making these false statements, Kesha and Peb e acted with wanton dishonesty

such that punitive dam ages are warranted. Kesha and Pe be have also acted with malice.

32.

The stateme nts about Gottwald have injured, and were m ade with an intent to

injure, Gottwald's reputation in his business as a music prod ucer that works closely with various

7



singer-songwriters. As a result, Kesha's and Pebe's conduct rises to the level of defamation

p r

se,

and no proof of special harm or damage s is necessary.

33.

To the extent proof of spe cial harm or damage s is necessary, as a proximate cause

of Pebe and K esha's defamatory statements, Gottwald has suffered special damag es to his

reputation, and to his existing and potential business relationships with other artists and record

labels in an amo unt to be proven at trial, plus interest.

COUN T II

Breach of Contract Against Kesha, Alleged on Behalf of Gottwald and KMI)

34. Plaintiffs restate and incorporate by reference the allegations continued in

paragraphs 1 through 3 3 as if fully stated herein.

35. The Gottwald Recording Agreement and its subsequent 2008 and 2009

amendments are a valid contract between Kesha, on the one hand, and KMI and Gottwald, on the

other hand. Gottwald is expressly intended as a third party beneficiary of the Gottwald

Recording Agreem ent.

36. KMI and Gottwald have fully performed their obligations under the Gottwald

Recording A greement.

37.

Kesha has repudiated the Gottwald Recording Agreement. In violation of the

terms of the Gottwald Recording Agreement, Kesha has refused to comply with her ongoing

obligations to deliver sound recordings to Gottwald, or to allow Go ttwald to produce her w ork.

38.

Because of K esha's breach of contract, Gottwald and KM I are entitled to

compensatory damages (including expectation damages and consequential damages) in an

amoun t to be p roven at trial, plus interest.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray that the Court grant them relief as follows:

1. On the first cause of action, direct, special, and/or punitive damages to G ottwald

in an amou nt to be determined at trial.

2.

On the second and third causes of action, compensatory dam ages in an amount to

be de termined at trial.

3.

That the C ourt award P laintiffs pre-judgme nt interest, attorneys' fees and costs,

and such other and further relief as this Court deem s proper.

DEMAND FOR JURY TRIAL

Plaintiffs dem and trial by jury of all claims so triable.

DATED: New York, New York

ITCHELL SILBERBERG & KNUPP LLP

October 14, 2014

By:

Christine Lepera

Jeffrey M. Movit

12 East 49th Street, 30th Floor

New York, New York 10017-1028

Telephone: (212) 509-3900

Facsimile: (212) 509-7239

A ttorneys for P laintif fs

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dr. luke vs. kesha countersuit

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