INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 SUPREME COURT OF THE OF NEW STATE YORK OF NEW YORK COUNTY x LUKASZ GOTTWALD MONEY, INC.; and pUa DR. KASZ LUKE; PRESCRIPTION SONGS, : : LLC, Plaintiffs, ROSE VECTOR SEBERT; JACK pha SEBERT No. Hon. Jennifer MANAGEMENT, Mot. PEBE KESHA; LLC; 653118/2014 Schecter 54 Part -against- KESHA Index No. Seq. _ and ROVNER, . Defendants. KESHA ROSE pha SEBERT KESHA, Counterclaim-Plaintiff, -against. LUKASZ GOTTWALD MONEY, and DOES INC.; 1-25, pha DR. PRESCRIPTION LUKE; KASZ SONGS, LLC; inclusive, Counterclaim-Defendants. x DEFENDANT KESHA HER ROSE MOTION MEMORANDUM PARTIAL SUMMARY FOR & MYERS New Attorneys 1 of 51 SUPPORT OF LLP Tower Square 7 Times IN JUDGMENT O'MELVENY Times LAW OF SEBERT'S Square New York, for York Defendant 10036 Kesha Rose Sebert INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 OF CONTENTS TABLE Page PRELIMINARY STATEMENT STATEMENT OF The Dr. The After Sexual Goes To Great 3 Assault............................................................................. Post-Sexual-Assault Only Luke 1 FACTS............................................................................................................ Morning Kesha's ................................................................................................... Option To Lengths Is With Working As Himself Establish 3 Dr. Luke............................. 5 Music a Celebrity Producer................................................................................................................. Kesha's Kesha Seeks Kesha Is Kesha Attempts Kesha Initiates Dr. Success Professional Luke Medical Not Help Alone To Her Califomia Claims Dr. A And and 9 Abuse.................... Dynamic Abusive .............. Luke The Outside Public Eye......... Sophisticated Public-Relations 14 Strategy................................................................................................................ Kesha Kesha's Kesha The New Asserts York Counterclaims Preliminary-Injunction Devotes TAC's The After Case California Is 15 Stayed.............. 16 Motion.......................................................................... To Resources Substantial Defamation Her Pursuing Claims New In 17 York............... 18 Allegations................................................................................ 18 ARGUMENT............................................................................................................................... I. THE COURT PUBLIC A. SHOULD Luke's Dr. Public A ENTER To Efforts Figure Music For Luke Dr. Music 2. And Purposes, LUKE DR. IS A 18 MALICE.......................... Attention Render Certainly For Him A Conduct His As 19 Him 4. Luke Dr. Is A Controversy Defamatory A Celebrity 23 Public-Relations A Public 23 Figure............................. Him Established Emphasized Celebrity Figure At Public As A Public 24 Influencer.................................................. Celebrity And That Strategy Famous Efforts Repeatedly Recognition Luke As Publicity And Figure A Pursued Luke's Dr. As Success Extraordinary Producer............................................................................ Luke Dr. 3. Public Public Achieved Established Dr. ACTUAL PROVE Attract All THAT Producer.................................................................................... 1. B. JUDGMENT WHO MUST FIGURE 12 14 Luke................................................... Highly 10 12 Luke................................................... Dr. Against Litigation Rape Dr. Against Litigation With 2005 With Experience Settle Retaliates The Contmued Luke's Dr. By Regarding Her In Wrecked Is 5 Heart He Of 2 of 51 Injected Kesha's Statements............................................................................ i Public-Figure 25 Status............................................... Because The His Himself Into A Allegedly 26 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 OF CONTENTS TABLE (continued) Page Kesha's C. Statements Within Fall Sphere the of Legitimate Public 30 Concern.................................................................................................... II. THE COURT ORDER SHOULD DEFAMATORY THAT STATEMENTS ARE 25 LAW........................................................................................................ A. The Pre-Litigation ALLEGEDLY NEW UNDER PRIVILEGED YORK Qualified OF THE 31 Privilege Kesha Protects From 31 Liability.................................................................................................... 1. Kesha 2. The A Had Alleged Basis To Were Pertinent Good-Faith Publications Anticipate 31 Litigation........... To The 33 Litigation...................................................................................... New B. York's Kesha. Protect III. THE COURT ON THE 18 DR. Judicial-Proceedmg-Related ENTER STATEMENTS OF JUDGMENT THAT 33 ARE IN KESHA'S FAVOR NON-ACTIONABLE 35 OPINION............................................................................ AGENCY-BASED LUKE'S Privileges .......................................................................................... SHOULD EXPRESSIONS IV. Absolute THEORY OF LIABILITY IS 38 MERITLESS........................................................................................................ V. THE COURT FOR LIABLE VI. THE SHOULD COURT ON THE 35 ENTER STATEMENTS SHOULD JUDGMENT REGARDING ENTER TIME-BARRED JUDGMENT THAT KESHA DR. LUKE'S IN KESHA'S STATEMENTS................................................... IS NOT ABUSE. ............. 39 FAVOR 39 40 CONCLUSION............................................................................................................................ ii 3 of 51 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 INDEX NO. 653118/2014 RECEIVED NYSCEF: 11/29/2018 TABLE OF AUTHORITIES Page(s) Cases Adams 555 Adler Conde 643 v. Atkins 49 2009) 852 (1st Dep't 1975)...................................................................................... 38 ............................................................................................ 22, 23 Elmira, (3d Dep't 4 2000)............................................................................................. Inc., Supp. 1110 F. Supp. 128 Bensussen v. (N.D. Cal. 22 1984)...................................................................................... 883 Blum 2390162 Conde v. v. v. 626 Brian 87 928 29 34 30 1998).......................................................................................... Mass. (D. Pub. (5th 46 Co., Cir. 26 1981)....................................................................................... Inc., 24 1980)............................................................................................... v. Supp. (1995)........................................................................................................ Am. 452 Canadian F. Carafano 207 27, Richardson, F. v. 2018)................................................................ Union, 1249 1238 Brueggemeyer Bryks 8, 2012).................................................................................... Dep't (4th Memphis N.Y.2d 684 (S.D.N.Y. Consumers Supp. F.2d v. 441 878 v. F. Brewer Mar. Super. State, Corp. 508 (Cal. 2d A.D.2d 255 24 1984)............................................................................................ Nast, Supp. F. (D.D.C. Tadros, WL 2018 Bose Inc., A.P., 584 Biro Christie's, Dep't 906 Time, F. v. v. 25 .......................................................................................... 2016) (1st of City v. 584 Johnson, 469 A.D.2d Barry v. Dep't (1st 22 1986)....................................................................................... Friedman, v. 271 (S.D.N.Y. LLC A.D.2d Baker Inc., Found. Partners, A.D.3d 58 Publ'ns, 464 26 1976)..................................................................................................... 1558 A.D.3d Fin. Bell Nast Extension Life Co., (Wyo. Supp. F. 136 Art. 556 P.2d v. Alcor Broad Frontier v. Supp. v. F. Broad. (N.D. Broad. 381 Companies, Tex. 2d (S.D.N.Y. 1055 38 Inc., 1988)....................................................................................... 26 1996)......................................................................................... 30 Corp., Metrosplash.com Supp. 37, Inc., (C.D. Cal. 2002) ................................................................................. iii 4 of 51 22 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 TABLE OF AUTHORITIES (continued) Page(s) Carto v. Buckley, 649 Casa Supp. F. 502 de Meadows 76 A.D.3d v. Celle v. 163 Chalpin 150 A.D.2d Chapadeau Chapman 638 Supp. of Scientology 1265 v. Colantonio Cummins v. Curry 217 A.D.2d 388 Co. U.S. Dameron v. 246 314 (4th v. Davis A.D.2d v. 90 22 LLC, Dep't 2017)........................................................................................... 39 2016)........................................................................................... 30 Ctr., Dep't Mkts., (S.D.N.Y. Inc., 19 2009).................................................................................... Dep't 1995).............................................................................. (1967)............................................................................................................... 736 19, 21, 23 Butts, 22 Magazine, (D.C. 573 Goldreyer, 259 Club, Cir. 1985)............................................................................................... 29 Bergman, A.D.2d Daniel 224 Washington F.2d Dancer 2d 26 1979)................................................................................................. Med. (2d Cazares, 1981)............................................................................................... Capital 130 v. 779 v. Logistics, (2d 22 2007)................................................................................... Roman, Pub. Curtis California Nat. 686 Supp. F. Haw. (D. Cir. Suntrust v. 649 (3d Mercy A.D.3d 135 30 Inc., Football 928 v. 30 1987)............................................................................................ Cir. Bulldog A.D.3d 146 (5th Eagles F.2d Ciaravino 1081 of 1272 Phila. 595 Dep't Concepts, 2d F. 27 .......................................................................................... 2015) (1975)............................................................................................................ Journal F.2d v. 26 Observer-Dispatch, 196 v. Dep't (1st Utica N.Y.2d Church 22, Press, 81 v. 528 Inc., 2000)............................................................................................. (1st Amordian v. 128 Cir. 39 ............................................................................................ 2010) Enters. Zaman, Svenson, A.D.3d 128 38 (2d v. L) Dep't (1st Reporter F.3d Foster Chuy 917 25 1986)......................................................................................... (Cayman Inc. Filipino 209 (S.D.N.Y. High A.D.2d (2d Ltd., 353 Soc'y 374 (1st Dep't v. Dow Dep't 1998)........................................................................................... Jones 1999) & 21 Co., .......................................................................................... 29 Magazine, (2d Dep't 1982)............................................................................................. iv 5 of 51 21 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 TABLE OF AUTHORITIES (continued) Page(s) De Haviland 67 v. A.D.2d v. F.3d 1002 v. Flomenhaft Inc. 24 v. 79 v. Gertz 418 94 A.D.3d Goldstein v. Hobbs 266 Huggins 94 Huggins 1996 485 Med. (3d Inc., 38 2017) ............................................................... 31, 32, 33 33 .......................................................................................... 31 39 1967)............................................................................................ Assoc., Dep't 2010)..................................................................................... 36, 37 323 Inc., (1974)........................................................................................................ Channel 1525 38 ............................................................................................................ (2010) Welch, Commc'ns, passim Inc., (4th Dep't 2012).......................................................................................... (1st Dep't 2017) 38 Lipetz, A.D.3d v. USA, Inc., Dep't (1st 336 Clear 150 Fendi Probst, U.S. v. 17, 2015) Rent-A-Car, 1351 Robert v. Jan. Dep't (1st Street N.Y.3d 15 v. (2015)............................................................................................................ 667 A.D.3d Geraci Hustler 713 Grand v. Gentile Inc. Hills, 22 1995).............................................................................. Khalil, A.D.2d 28 Ct. 2002)..................................................................................................... Alexander v. Sup. (S.D.N.Y 634 N.Y.3d Gardner 28 1995)................................................................................ Finkelstein, A.D.3d Front, (N.Y. Cir. 177652 v. 127 Ct. Inc., WL 2017 Gisel (2d Paxfire, 40 ............................................................................................ 1999) Sup. of Short 48 27 Holdings, Boutique 314 Dep't (N.Y. N.Y.P. N.Y.S.2d Fashion Inc., ................................................................................................... (1944) (1st 750 v. Pictures, LP., N.Y.S.2d 638 225 News, Farrakhan Bros. N.Y., 34 Daily 632 Feist 2d of City 261 Doe App. Cal. Dillon Warner v. 570 .......................................................................................... 38 Imus, A.D.2d v. 36 296 Nat'l WL ............................................................................................................ (1999) Broad. 763337 Magazine, U.S. ............................................................................................ 1999) 37 Moore, N.Y.2d v. Dep't (1st 46 Co., (N.Y. Inc. 30 v. Sup. Ct. Feb. 7, 1996)..................................................................... 37 Falwell, (1988)................................................................................................................. 6 of 51 20 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 TABLE OF AUTHORITIES (continued) Page(s) Jacobus v. 51 Gannett v. 40 v. 415 A.D.2d v. 348 LeBlanc 202 745 F.2d v. Liberty Lombardo Dr. WL 2017 (2d 271 Associated F.3d 881 NYM McGhee v. Cir. Ct. 1997).......................................................................... 19, 26 26, 29 Inc., 1984)............................................................................................. (N.Y. Sup. Ct. Oct. 7, 33 2016)................................................................... LP., Enterprises, (S.D.N.Y. (9th Apr. 7, 32 2017).......................................................................... Cir. ........................................................................................... 2016) (1981).......................................................................................... 22, 23 (1st 20, 21, 23, 26 Odell, McQuoid v. Springfield F. 35 Ltd., 880 449 ............................................................................................ 2012) Newspapers Jacob N.Y.S2d Dep't (W.D. 1050 Supp. v. D. 88 (1st Inc., Mo. Fuchsberg Dep't 40 1980)..................................................................................... Law 1999) 26 Firm, .......................................................................................... 33 Kraus, A.D.3d 2018 Sup. Newspapers A.D.3d Corp. 40 (2008)............................................................................................................ 96 Olin 35 Corp., N.Y.2d v. 33, 2012)......................................................................................... Co., Seuss v. v. 683 24 Abel, Manzari Mosesson Dep't (N.Y. 1378413 N.Y.3d 502 (2nd 5944468 v. Maule ........................................................................................ 2006) Distributing 123 WL 830 22, Coursey, 2016 v. 40 ......................................................................................... 1994) ...................................................................................................... Dep't 738 Flynt v. 62 passim Inc., (1st N.Y.S.2d Lerman Nekos 38 of Rochester, City 663 54 37, Skinner, A.D.3d 103 Dep't (2009) 10 v. 10 2017)............................................................................ Engel, A.D.3d 33 (2nd Holdings, N.Y.3d Lacher Mann Ct. (1976)..................................................................................................... 527 NYP v. v. Sup. Russell, Kipper 12 (N.Y. Co., N.Y.2d 203 Lee 330 N.Y.S.3d James Jolly Trump, 1144 (3d Dep't ............................................................................................. 2009) v. Lamorak Ins. WL 3442955 (S.D.N.Y. 4 Co., July 17, 2018).......................................................................... vi 7 of 51 4 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 TABLE OF AUTHORITIES (continued) Page(s) Park Knoll 59 Park Assocs. N.Y.2d 205 Capital v. Pollnow Ratner v. 10 WL F.2d Roche v. Rosenberg v. Resorts Int'l 32 Am. v. F.2d 18 448 (11th Inc., .................................................................................. 35, Inc., 26 ............................................................................................. 1988) v. v. N.Y.3d v. 2017)...........................................................................................36 Deaner, Cir. 19 1980)................................................................................................... Cir. 710 (2d 441 Paul v. Dep't Inc. (N.Y. ......................................................................................... 2016) Inc. Importers, N.Y.S.2d H. Dep't (2d 7 Hong F.2d 2011) Cir. (3d (3d App'x Inc. Time, Google, Companies Restaurants, Thomas 1996)................................................................................... O'Keeffe, A.D.2d 781 v. Dep't Inc. 264 v. Themed App. Ltd. 654 F.2d Wing 2014)...........................................................................................36 Thibodeau, Unlimited, F. Sorrell, Dracos, (Tex. Broad. A.D.3d Tacopina v. v. (1st 1491 v. 208 38 ..........................................................................................22 1995) Dep't (1st News 242 Sprecher Tai 37, .................................................................................................22 Dep't LLC S.W.2d Silvester 645 26 2018)..............................................................22 (2007)..............................................................................................................33 Exp. A.D.3d 623 26, Inc., 437 Antonio Steaks Feb. 1981) (1st Finkel, A.D.3d 148 Cir. MetLife, & 839 (5th 359 Sabharwal 86 22, Inc., 1985).............................................................................................30 Haw. (D. 376 8 N.Y.3d Sandals Dep't 25 Mulvihill, A.D.2d 922 (2d 21, Post, 375 214 117 1992).................................................................................... Newspapers, 105528 Wash. v. 637 Dep't (4th Kohler, 2018 Rebozo Comm's, 192 A.D.2d 31 (1983)............................................................................................................ Poughkeepsie v. 107 Schmidt, Cities A.D.2d 181 San v. v. King 33 Corp., Realty 1994)...........................................................................................39 Zagat Sup. Survey, Ct. LLC, 2004)................................................................................22 B., 580 (2012)............................................................................................................ Johnston, 378 31, (4th Cir. 1971) .................................................................................................20 vii 8 of 51 35 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 TABLE OF AUTHORITIES (continued) Page(s) U.S. v. Cassidy, 814 Waldbaum F.2d 1287 Wolston Reader's v. 443 U.S. 157 Zimmerman 246 857 v. F. Al Cir. (3d Dep't Inc., 1988)..................................................................................... Ass'n, 257 Am., 19, 21 20, 24 Inc., (1979)......................................................................................................... Jazeera 26 1987)............................................................................................. Racing, Digest 3d Supp. 24 2011)....................................................................................... Publ'ns, Harness A.D.2d 140 Md. (D. (D.C. Saratoga v. Wilsey 574 Fairchild v. 627 2d Supp. F. LLC, (D.D.C. 22 2017)....................................................................................... Statutes N.Y. Other Bruce N.Y. Civ. Rights § 74............................................................................................................. 33, 34 Authorities W. Pattern Libel Sanford, Jury Instructions and Privacy 3:23 § 7.4 (2d ed.) 21 ................................................................... 19 cmt....................................................................................... Rules N.Y. C.P.L.R. 203(f).............................................................................................................. N.Y. C.P.L.R. 215(3)................................................................................................................... 39 N.Y. C.P.L.R. 3212(e)................................................................................................................. 18 viii 9 of 51 39, 40 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 STATEMENT PRELIMINARY In October 2005, Luke-then Dr. 32 Hollywood champagne of Luke incapacitated to but the any years work. Left with intervention to Since Dr. Luke that he bare laying summoning come has slept to a small in improper happened-and humiliate and Leah else, even when other than to that courage, room Luke At her. her adult brief (ni) Godesky, sexual a teenage since refers to (i) Kesha Defendant Esq. Plaintiff as the Lukasz Rose Aff." "Godesky in exploited no as "Dr. "Kesha"; All on emphasis 1 10 of 51 a and (iv) is to rape claims added occurred and all years citations to admits to and inappropriate her years earlier. together accompanying in up regardmg Plamtiffs (ii) the lawsuit nothing four highly that judicial Luke examination Luke"; seek standing than her in Luke. Dr. publicly more for cross bearing or a public but subjected extensive have as was interest Luke, with portfolio, suit Kesha let defamation-Dr. for his to filed about Kesha tormenting Dr. working this Kesha Gottwald Sebert Kesha Kesha artist including that abuse, feared providers. financial with too subsequent in refused music was she records dynamic, a continued flutes Dr. while And Luke suffered Kesha her medical abusive two of opportunity, phone several Dr. his sued deposition, relationships to label, a glitzy at an people. him she immediately has multiple music. from free everything with and the element Sensing testimony record horrors Luke Dr. Dr. art Luke. record combination assaulted offered and write create decade-long she her the by assault and of sexually perpetuated talent, questions, consensual Luke"; weight, to the "victim-shaming" irrelevant This her the hotel bankrupt Luke Dr. to assault reported rape, right pass. third-party the Kesha options her sworn he formed newly Out Dr. by where room, reported of protect 2014 October As anyone no with resist. the criticism music hotel litigation, after unrelenting produce or nearby immediately before In his consent Kesha corroborate, with to his incapacitated dispensed pill to a monster. as became quickly "sober" a so-called Kesha himself Kesha Kesha a teenage signing old-revealed party, and brought years, years birthday after shortly as "Dr. affinnation are omitted. of INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Luke's Dr. lawyers enforcement. claims Third through mud the after Luke's had at sworn With matter law of Court of Appeals broad." "quite public figure. experts to tout most Fame, featured in undisputed claim to He spent his to generate Court puff should show are not 40 of A personality the Beatles, Idol in actionable, because is that and was awarded hired multiple is Yorker, the case on statements they (i) are 2 11 of 51 in no before which privileged to of all any of under taken his is life, Walk and as of was figure. because Count New a himself experts, moreover, Luke's has public-relations Hollywood the a private trial, Dr. of aspects lawsuit-marketed on is Luke Dr. public-relations sense figures person of the "[t]he else, bench a deep a As public metric, all as prevail. publicized coverage a star the judgment to category the any lawsuit records. under using Dr. contemporaneous by Above who-before narrow the the in without exercising malice actual Considered wealth, for entitled (1976). media judge, New The all prove And ever-expanding medical is name Kesha's Rainbow supported figures M and simply and 422 415, public influence fees analysis, N.Y.2d orchestrating American nearly must This Luke Dr. "extortionist." record to law to though drag and that. Kesha public-figure substantially that who decade since piece a jury, "liar" a lawsuit hotel to attention." status. an as a lengthy based last hitmaker facts is the a filing tried category public legal and figure Co., the attract are seminal Gannett in witnesses, that its of gurus Kesha precisely dollars act a public in celebrity selected This is v. step successful was Luke underlying fame his exploiting the James affirmative claims doing of multiple any observed element essential an Dr. for millions her permit to Sony even public-relations declaring and her of abuse reported "sexually team his privileged of to that sued and testimony regard Luke risk they protected reporting, and Kesha 3, aggressive," is publicly Dr. Luke that constitutionally Luke directed Kesha age at whether, if opportumty, Dr. victims taught asked Dr. every involvement, has were sex. Court the pressed sneeringly parties never they 2016, even York I the defamation law; (ii) are INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 opimon non-actionable are And untimely. Kesha's statements; a stunning, in about statements were (iii) neither emotional abuse STATEMENT The When His claim to his and • his unable is is told her said she repeatedly Kesha called her naked eight she her vagina Pebe mother, and I think Ex. 14 had at 202-03, Godesky Id., Ex. 14 Id., Ex. 6 at 238, Id., Ex. 6 at 293. See id., Ex. 20 at 6-8. See id., Ex. 20 at 9. See id., Ex. 66 at PLTS051784-85. Id., Ex. 8 4 5 9 at at 214; 189, 307, id., Ex. 8 See id., Ex. 66 id., in "like Ex. at that realize though immediate the Dr. some at And be (iv) dismissed. form of sort can't 210. at 63-65. 309. PLTS051784-85. 3 12 of 51 an that her my clothes "ripped" was was occur when Ms. Hall of the assault: Hall Julianne Ms. also Hall need testified Kesha picked Kesha recalls that I and friends horrifying testified and Vaginal occurred.7 network and and achmg ("DFSA") assault of Pebe according victimization.6 room.8 hotel pill."9 times.11 find of long a lie vagina assaults gone.2 was is "body aftermath Luke's happened," leastfive I her Her on reliance he 2005, room" sexual common a 47. at as something "taking hurt.10 13 felt to from times sex. is 46. 40, See see contends must [his] lubrication."4 Kesha's Sebert, we See Aff., felt remembered that longer claims 6, in "crash[ed] victim documents friend that and support October Drug-facilitated DFSA a physical best acid."5 leads on Kesha consent, evidence her saying 3 Kesha proper stomach what often and called Kesha "I'm room hotel that provide to emotional Kesha up, Luke's Dr. inserted...without green undisputed for in Terrifyingly, up and Assault then-girlfriend been Kesha; by OF FACTS testimony.3 vomiting Kesha • told soreness or that l' up he a victim family l° woke had The 8 Kesha that was pain 7 Sexual "something when 6 The then-girlfriend's [she] 2 After Morning no Those defamatory. are authorized Luke Dr. admission, late-breaking his nor directed Kesha water said and I need INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 go to • to Pebe the Kesha this her called "Kesha feels did report and perpetrators sexual marred and decades artists.19 Ex. 5 Id., Ex. 12 at 44. Id., Ex. 12 at 45. Id., Ex. 6 at 316. See id., Ex. 19 at 4. See id., Ex. 19 at 4-5. See id., Ex. 19 at 6 (studies 4 15 16 18 e.g., assertion singer's Ex. fear 180 country Co., "show[] See 2018 general Godesky the that or sexual less false-report away 25,16 of to in incident reported Failures to which industry, exceedingly of positions never are on young, rare, and preys the and report.18 to that are life across assaults entertainment hand, [her] persons likely culture other the 181 court WL in Dep't failing *15 at 3442955, at the female is as 177 (reporting Luke's Dr. low rate been has 2%.20 as (S.D.N.Y. 18 at police). Ex. id., career"); id., lecherous fast when v. consider stage. newspaper July 17, 4. 4 13 of 51 on effect of Elmira, City 2018) 178 articles); (considering (reporting Parton] based e.g., 179; first became A.D.2d Corp. news id., York Nekos on partly Olin Ex. New minors). See, 271 star's id., [Dolly judgment (summary Ex. producer"); summary-judgment Baker to 176; culture knowledge"). Ex. a and thick 2009) defendant); erred industry Aff., (3d defamation by (trial articles 1145 1144, off to her casting-couch (describing news consider Ex. hurt "fought came ... report id., favors she after victims 174; sexual give over of Ex. id., invitations Ex. id., 16-20% 173; to couch A.D.3d 2000) Ex. was career submitted Dep't 85 ; id., ("[C]asting 62 article 20 that routinely Kraus, on rape, show "unwillingness singer"); courts Ins. Ex. id., that the said 147-48. l' See, of in casting-couch acknowledges expert at entrenched even are common of Pebe women age the members, 80% than victims particularly reports Id., 13 more that signed of that before family that sick."15 and with raped first partners, had "recently consistent are intimate shows a firmly is testified Luke."14 Dr. ashamed and victims with she assault acquaintance-rape False sexual-assault 2 be are by aspiring own to research misconduct for female likely enforcement, report sexual of was she terrified Rumph Ms. enforcement: and with Empirical law law to and raped, embarrassed majority most are authority." to was vast date assault experience The country. the [she] Kesha's been she's "panicked."13 Rumph, Mindy friend, like not man, room."12 emergency v. newspaper 906, v. articles 909 (3d Lamorak to a INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Kesha's After manager the rights to Kesha prevent called contract.25 Brothers lawsuit Dr. Luke Dr. Luke To Goes A Is female the pop-music Year,28 21 In which ... 23 24 25 26 By 29 Katy for See on each Ex. See Kesha See Godesky See id., Ex. 14 See id., Ex. 166 at Aff. e.g., ¶ 3 ; see Ex. 26 except § named on also 14 at Warner DAS and at PLTS002931; 22 at 9 ; id., id., Ex. See id., Ex. 88 at KRS_ESI_0033945 See id., Ex. 90 at KRS_ESI_0033705. 23 Ex. and Spears, Luke to its Dr. 2010 contract.26 Luke, music-production at least six songs shall not perform produce to ("Artist § Ex. 14 at 44 Ex. 48 239; § id. at PLTS052457; topped of him the "New the person in company, on each or of the render first produce shall to require 231-32 ; id. at at Luke's Dr. ; id., see Ex. also 230 14 id., at Ex. at at & 237. 234-36. 45-46. 198. 16 ; id., ; see Ex. also id., 5 14 of 51 65 Ex. at PLTS057007-10; 89 at KRS_ESI_0033734. id., Ex. six any 1. PLTS052440 at at 27 songs that powerful Luke amended Ex. id., most (Dr. 6(f) subsequently See Ex. 26 Ex. Rihanna declaring 308" the co-wrote Songwriter Luke's 11 a filed Prõdücer and Dr. albums. id., release the DAS's produced with was 246-248; to Music Luke id., option 2008, Dr. id., Aff., Dr. cover 9(a)(vi)(2) Godesky pursumg named contract five he as off, Britney 2010 Company."); The and a Celebrity But KMI-contract only with not 244-45. at Ex. ASCAP VECTOR0263876; Aff., id., Cyrus, Luke Dr. took Miley contract use Ex. id., services 167 id., exclusive album). production career had As her.23 raped her interfered tortiously did 2010 Luke's September was hired Luke Dr. his approximately Himself By Billboard in She he enforced Sonenberg agam Establish Perry, its Mr. Luke Dr. because Luke Dr. hiring Luke.21 Dr. whom Luke Dr. deal, Player giant to Person any See an Kesha released. recordings See, Dr. 2010, 2012, signed 27 28 To dedicated required individual 22 Kesha, Kesha services six like Teen."29 that Power and Billboard of she together Ilidustry and albums workmg charts.27 2005, KMI, for to Luke Dr. that apologize Lengths 2009 artists Tycoon Great Brothers ties ("DAS")-of with Realizing things) Music-Industry Between for to other (among alleging work Luke Dr. her sever Ltd. 24 began They to not signing Luke Dr. would a Warner from With Working Communications she that Is desperately DAS negotiated Sonenberg Kesha music, DAS told tried of Sonenberg approve22-and Mr. Kesha assault, David when Option Post-Sexual-Assault Only 16 at 4. least INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 industry.30 music the Billboard in includmg And acknowledged in three female young, 2005 and 2017, 60% Luke Luke 2000s, during running hit, By 30 31 34 35 ³' 37 38 39 ® 41 cement of at Luke Dr. engaged Luke added suit.41 id., Ex. 91 at KRS_ESI_0034054. See id., Ex. 21 at 20 see also report id., his team See id., Ex. 92 at North0000352; See id., Ex. 65 at PLTS057006-27 See id., Ex. 87 at North0000583. See id., Ex. 65 at PLTS057006 See id., Ex. 24 at 31-32. See id., Ex. 93 at KRS_ESI_0034037. See id., Ex. 94 at KRS_ESI_0033742, See id., Ex. 95 at North0000488. See id., Ex. 96 North0000461. See id., Ex. 30 at In that 21 at see also (Dr. (Dr. 55, AAM Sunshme Dr. dozens of Between fame. accounted for Luke Appendix B (article at 22-23 Luke's 21 Discography). Discography). KRS_ESI_0033755. MSK-SS000006. 6 15 of 51 to had "mentioned Figure on name,38 bench on at with a engaged "press occasion Sachs hundreds ensure of recording list). (North report mid- public-relations one least Sunshine in and of the long- NBC's complete his In industry. stage Sachs Luke Ex. music image, Dr. id., Luke's and Public guitarist Luke" public case, His the lead "Dr. from at determining Ex. with Lavigne Establish the his specialists See (North claimed a management defamation Avril outside as promote to public-relations another articles"); appearances Here" "Press To fame wide-ranging Dr. worked music-publishmg Consultants television and between released income his book.32 Times-reviewed were Luke of majority J, NY Luke Dr. Jessie were income.³' KMI's his Live,³7 Night Although Clarkson, a in Dr. by the articles, contributions feature co-written news of hundreds in music-industry hits.34 #1 Kelly and his generated stars Perry, run Carbone 2010, 15 mentioned four-chapter or OfPublic-Relations to Saturday with industry 32 33 than Luke's Dr. a ten-year and connection of sought Linda publicist experts,® more Katy A Team Hires Dr. kit."39 produced pop-music Kesha, approximately Dr. songs includmg artists,35 a books-including 168 was and Rolling 2014,33 and Luke Dr. 2014, Stone,31 and Approximately 2007 by listing books). in that INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 TMZ RECEIVED NYSCEF: 11/29/2018 was the In first effort. shared New in surrounded Keep Luke Dr. Billboard • made video Cameos. an Avril Luke Dr. • Red-carpet • 42 Radio See him id., from 2012, Dr. Luke song, and with podcast Ex. 30 defamatory. 43 44 45 " 47 48 49 so 51 52 53 ASCAP Davis agreed to Sunshine Luke Dr. Unsurprisingly, wraps; Kesha only a in Luke 's history with similar release of Dr. to interviews Tonight and Luke."50 about the dancing.51 making In of spring 2013, including at "Iconoclasts."5² red-carpet interviews, on Kesha's with Ex. 97 at KRS_ESI_0033952. See id., Ex. 98 at North0000026. See id., Ex. 94 at KRS_ESI_0033742. See id., Ex. 94 at KRS_ESI_0033742; See id., Ex. 99 at North0000032; See id., Ex. 90 at KRS_ESI_0033703. See id., Ex. 101 KRS_ESI_0034151. See id. See id., Ex. 102 at KRS_ESI_0034171; see also id., Ex. 21 at 41. See id., Ex. 103 at KRS_ESI_0034154; see also id., Ex. 21 at 19. See id., Ex. 104 at KRS_ESI_0034168 Ex. 105 Ex. id., Ex. 21 7 16 of 51 21 at at 17 at use (North has not stopped to TMZ is Sachs-and Sunshine id., id., Sachs Luke's Dr. Edition Morning complaint See also NPR's Sunshme work his keep uncovered ; id., extensive Dr. video appeared Luke's also for Awards.53 recently see 2010 September News and Sundance Dr. see Luke the declaring photoshoot.47 the calls 40-mmute 2010, tried for World drinking, for article studio everyone fall Sachs's his ABC participate Music Pop In in skateboarding, Clive MSK-SS000014. that hypocrisy-under Luke Dr. and and man "the lengthy Dr. Images-archived shoot on throughout shown interviews. at claimmg appeared as containing Times Getty opened feature him to Luke Dr. The 2013, scene.48 music the a 7-minute referred a fall Dr. Kesha." LA photography on 2011, for In depicted Dr. which during spread and 2010 life.43 personal Guardian, 8-page Magazine York getting Cyrus, sat a similar arrival in Maher Bill Grammys and his is Luke Dr. and illustration August New 2010, The appearances: expelled.44 and profile's an public success an Miley with for played narrator interviews. 2011 the that The Perry, February The sat Katy lauding drugs publishing Dr. In Lavigne Is June with a full-court-press for In outlets. interview house.45 available story footage In Doctor pursued available music-industry dealing In," connection Luke," For television. Nightline.49 • In himself cover about Spears, Coming Prime-time and Britney Luke's he as himself press a lengthy for beach Shoots. Photography "Hits Luke's Dr. by time "The exploded made Dr. suit.42 Luke's Dr. celebrity mainstream anecdotes declared interviews • same the about consistently covered that personal Yorker Luke's with feature around sat Luke Luke Dr. a story release Dr. interviews a 4-page Luke to 2010, Feature-length ran outlet approximately media-relations • press of that same with report rank specialist. portrait). 12. KRS_ESI_0034185 ; id., Ex. 21 at 18. INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 podcast.54 In Luke's Dr. relations more tweeted Luke Dr. Karen expert he of North by audience"; "his name formidable influencer • Luke Dr. American 54 55 se 57 5s 59 Idol" Luke's 63 M represent Walk was widely of Fame. In Ex. 106 at KRS_ESI_0033968 See id., Ex. 107 at KRS_ESI_0034173. See id., Ex. 81 at KRS_ESI_0033818. See id. See id., Ex. 82 at North0000495 See id., Ex. 81 at KRS_ESI_0033818; "@grl tweet tweeting at are In "my a judgment covered Ex. told the had id., Ex. 21 See id., Ex. 109 at North0000314. See id., Ex. 110 at North0000185 See id., Ex. 110 at North0000185. See id., Exs. at don't 5. 110-121, 172, ; id., Ex. id., id., "we general 2014, public Luke's engagements: civic Academy Recording roundtable.61 would Chamber Ex. e.g., ones"). See Luke Dr. by celebrity Dr. Influencer a judge as be good for on its iconic ratings.63 press." studio!"); me" social-media Luke Dr. 21 at 172. 193. 8 17 of 51 of Ex. id., Ex. Ex. solve Commerce selected Dr. 19. North0000582; also, and and selected id., at digital, a congressional Hollywood also 83 see in the the ; see Grammys that by 2014, July it shrink it And and Luke Dr. Figure industry."" since 8,600 Public for has followers.59 of a wider, commercial during industry thousands and music the and tweets.58 2,000 standard industry the that approximately traditional, four 2010, music ; id., killing music least Gaga's of the 2009,56 in Celebrity met beyond announced Fox id., with in the See new 6² reflected briefing. 2012, show,62 selection (philosophically 61 is and the value reflectmg Hollywood artists ® to In Idol. "American • have A "clearly both by identity public-policy selected Dr. and status Congressional • known well Luke hundreds As Professor Dr. Lady media- his handle approximately his Himself Califorma that superstar Luke."55 Dr. legend, features Twitter to the myth, prommently Cowell's life Establishes Southern then Simon professional determined was because and Successfully University to the man, @TheDoctorLuke the producer personal "the profile times57-comparable celebrity his as social-media claimed 7,500 dwarfing about 2014, By than and tweets, Luke Dr. him introduced curated carefully effort. tweeted KIISFM 2012, 79 80 at at 21 at 26. North0000230 (promoting North0000296 problems just exchange them for INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Luke individuals • sure Core his Water. Luke of "received due "often to his the general livelihood and Litigation she disclosed 7¹ 72 at targets Water and brand, DJ and Perry Khaled their 2005 used to serve what id., Ex. 129 at North0000133. See id., Ex. 130 at North0000331 and Natural® Water."); G Becky Ex. and 168 producer id., Luke Dr. sexual he Max at KRS_ESI_0034352 at KRS_ESI_0034344. id., Ex. 169 See id., Ex. 97 at KRS_ESI_0033957. See id., Ex. 22 at 9. See id., Ex. 6 at and to was Martin to threatenmg Ex. 128 at perceived."" it's 2013 with her two self- her shatter first at ... aka North0000327 as (Dr. music be to away and her deposition in real: very from me, Dr. 48-53. 9 18 of 51 "visible have Luke, ("Core is Lance entrepreneur brand Luke 2011 threat take Kesha family's DAS the "[h]is my my career, life North0000251. winning Gottwald, harm a June Luke's Dr. success"). See 2010 to during believed Lukasz 131 threatened assault ("Award Ex. he that relationship. ; id., songwriter successes Abuse campaign unrelentmg his a reporter how Continued entertainment of to see between success Luke's confided name...to claiming music some and celebrity famous,68 as the if he 2010, Luke's Dr. in wondered a different By Kesha See producer Wrecked Deposition. the In full-blown papers court peers his even talent: under Dr. "that's life"; than achieved in from Luke Dr. had himself professional Warrior.71 North0000259 and Core the Katy he that respect large."69 Is at id., in like years and producing 127 See committee selection a partner described rather Ex. fame ™ public id., Diplo 69 my He acclaim See CORE The celebrities these it. litigation.72 was winning 6® tout defined DAS if to enormous achieved tortious-interference 67 was A-List during Success however, The well secretly Animal albums, weapon Luke Dr. attract celebrity, Professional confidence, 66 way about Kesha 65 full his from think[s] Kesha's to Fame.65 of traffic.66 foot 2014, international and industries hit knew out going were tourist year-end By Walk ambassadors.67 Dr. have draw influence brand fame, Hollywood the to substantial as to on a star for ... ambassadors public has joined forces signed on and target[] award and Collins to Katy launch Perry investors."). by virtue of [his] INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 - RECEIVED NYSCEF: 11/29/2018 the of livelihood me instructed reported that Comia] leave on in my boss but life was Kesha like while "[h]uge" Kesha 73 Ex. Id., M 75 Id., Ex. See id., ..., Ex. at 13. 19 at 18 a lot was she Regarding id., former Ex. 38 at VECTOR0133808. 7® Id., Ex. 38 at VECTOR0133808; See id., Ex. Id., Ex. 40 Id., Ex. 6 at 126-27. Id., Ex. 6 at 127. Id., Ex. 6 at 127. See id., Ex. 79 80 81 82 83 39 at at 6 at Kesha be to of matters alone with Luke.77 Dr. Ms. a good seen [Ms. "let and "I've Corma, wouldn't directive,78 "insane": Ex. 29 5 at of out The 2005 of her Rape to 46-49 As Cornia of deal sh*t tell (Pebe to insisted that food."81 eat hand mid-bite and Abusive close Kesha told look Kesha exercise Luke Dr. her called restaurant.83 a public at Dynamic or friends about testifymg "[y]ou about family Dr. Luke's a refusal to let VECTOR0253894-95. "In opining: He deserve "didn't a fork at Luke Warrior."80 of cases victims either see also id., Ex. see also id. Exs. 131. 10 19 of 51 violence interpersonal or recant 6 at VECTOR0134700. VECTOR0136248; in Monica manager, hell."76 of Dr. survivor Ex. id., (Hughes Id., 77 Luke Dr. occurs he retaliation.75 efforts."). M that frequently scared was how exactly testified never-left-alone day of entirety because proportion substantial through Appearance. knocked also singles); 152 a see Kesha's every a sexual-assault for 52-53; Kesha's write system 6 at even Help common is the ate, and Medical Seeks much members "fat,"82 and It her team other 2012, her OfKesha's "pretty therefore answer[ed] ever!!"79 Criticism during She fear Kesha Luke [who] testimony victims reiterated Dr. this disgusting" false May because around nothing of Kesha] "put[ting girl away."73 it type In good a when session," being Unrelenting take This continued, that to Sessions. studio any wasn't I particularly Luke Dr. [I]f ability Recording Warrior her told the victimization, Warrior work ... advances."M sexual interpersonal family. had he ..., made "never my 41-43. 129. fail to cooperate reach that with the prosecution court INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 experience victimization Kesha entered reported she recalled have Luke because reflect was plastic and surgery"89; mean comments In her about and body weight,"92 lose id., Ex. 19 at 9 (citmg See id., Ex. 15 at 29. e.g., producer 53 but sexual she might of critical have and does [sic] "Client ... at 87 reports of memory client him her that to there. getting KRS_MED_000926 could ; id., Ex. 53 at KRS_MED_000918. Id., Ex. 53 at KRS_MED_000918. Id., Ex. 52 at KRS_MED_000916. Id., Ex. 53 at KRS_MED_000918. See id., Ex. Id., Ex. 207 90 92 6 at at 58 her and she at have made often weight."); in that had her she and up sex, but 62. 1. 11 20 of 51 at with she ; id., Ex. 59 often attack."; is Ex. whom for a hotel no is she id., weight had called something anxiety but producer in to KRS_MED_000921 up naked in of She naked. him."); her get AAM and "[P]roducer abusive, toward woke KRS_MED_000942 55 confronts body had Ex. to memory though (3/5/12: verbally anger about as [W]oke she had room hotel had she 2015). al. she When Here Press et feeling id., if at stated up abused[.] mother how Bicame KRS_MED_000919 and treatment.91 [Kesha] 2016; described sexually her tell reported to Luke] Dr. sessions Kesha "want[ed] [Dr. team waking escalating her, She Ex. 89 at she telling "Client Client at been out been Mason belittled, tormented drugged Id., 88 lash with incident 2011, eatmg-disorder public-relations and her "[R]eports and he 54 [F]eels has had & night including (3/10/14: abused his was. Ex. where sexual 2011-2012 April in "how for (12/12/11: she id., producer want KRS_MED_000924 sexualy where producer[.] reports not to one drink the Kesha's (i) discussed Luke Du Mont Lanthier, know with "Client turned about "Upset 6/22/12: Luke happened."); everything (6/12/12: Dr. her from confided something discussed a point Knolls "Dr. that into not did Timberline press though as and her."90 insulted the at Kesha KRS_MED_000918 at drugs slipping mother, him Ex. id., and never example, was she 2011, entered to See See, 9¹ her commented 86 57 in she For abuse. and As Kesha 2011, 12, felt] notes December (n) she that 'huge,'" time.84 a later at December naked...[where Luke's Dr. as Kesha 2014, early mother shape of others ,85 On him."88 of her abuse.86 room tell licensed-therapist seeing told "scared "described and occurrence, subsequent hotel Kesha discussion Luke Dr. in up its began and rape "waking extensive that 85 2005 she to she happened."87 might time in mid-twenties, Luke's Dr. that 84 her close 56 she room at believes with of of 3/11/14: years."; memory at scared it."); KRS_MED_000943. no id., Ex. INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 response.93 a public draft abuse" "Record by 18."94 Kesha label Kesha Not Is Kesha's Luke Dr. at she requested reports Kesha Attempts with 93 36 Ex. Id., Ex. 49 at KRS_MED_000023 Id., Ex. 51 at KRS_MED_000847. See Godesky See id., See, like the 185 4 Max for ...Can't [Davis] ™¹ the Ex. Ex. See id., Mr. Meiselas Kesha's Luke music sort also contractual Meiselas at PLTS212151. ; id., Ex. 50 at KRS_MED_000031. e.g., id., Ex. 208 Ex. id., with Pink him."99 Eye Public engaged attorneys work to Sony™¹ approached 37 see, The him," to disputes with obligation Ex. 20; work Kesha ; id., he "told his ; id., Ex. them story at 506 [F]rom to directly General Counsel Julie 194. have to that [she] see f**kmg Ex. id., 183 was Ex. id., take she perspective, see again."); [her].'"); without ("[Y]ou her verbatim [her] upon bestows tell ... with Davis of her talk reported.98 Outside Knolls, to Clarkson's not if [her] widely "do[es] Luke Dr. Ms. were she want female every album" on "sit "didn't him.97 "almost that to she that Records eliminating merciless. work that revealed characterizes 30. were never gifts 17, see 182; recounts grateful at 23-24, 21, She'd (Clarkson id., at and 4 Ex. Ex. id., studio. See at Aff., e.g., it. in ™° PLTS212144-46 id., clear Timberline Kenneth relationship."95 that Clarkson Kelly threatened with Against at attorney it person"; entering aimed See Ex. Claims before Kesha's 9® 99 Her RCA interaction a good with relationship of part unique. Clarkson when RCA "not is negotiations Ms. Sony-affiliate Luke shortly Luke.1" Dr. 95 97 in of Settle 2013, her 94 96 To one" "[n]ot not is made she her in @ age associate Luke Dr. and business by been have "[v]erbal/emotional (i) woman a battered abuse him," a producer, had Dr. Luke's with then-head that fall represent and With reported raped "date abuse demeaning."96 and as of emotional Dr. working Luke the similarly In like Dr. and with was she features Experience a bully buffer," "a Luke severe Her In of 't use didn't Dr. "kmd doesn [RCA) and Kesha Knolls, that (ii) many experience as and with violence Alone Timberline at 'guy'"; "present[ed] Sexual producer. While degradmg direction. had ; see a 's---ty 186 her ("I and Ex. writer [] experience a horrible id., find didn't Kelly it putting 184; see who should Ex. id., be sickenmg. her down?"). 187. 9 at 32 approached in 2009. 9 at because Sony See id., 60. Ex. 25 Sony-affiliate at VECTOR0000051. 12 21 of 51 RCA obtained a financial interest in INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Swidler to towards her explain agreement Remarkably, viewed Swidler were and believed they sent a draft settlement longer The 2014 June if to Mr. told to something named After 02 71; see See id., Ex. 9 at 54-55 never part conversation"); 209 id., Ex. Id., Ex. 3 Id., Ex. 34 See id., Ex. 35 See id., Ex. 9 at l" 1" of our at l® l¹° Id., Ex. 9 at See id., Ex. at the police id., Ex. 31 didn't see Sony with Sony because showed Ms. with various Sony Swidler Nor extortion. difficult, "Draft Kesha accuse he also Ex. id., 32 at and renegotiate advances, also royalties, Ex. id., the 10 at terms changing of her her agreement ... deal.... [T]hat 248. him called and GSM001142. 154. 9 at 173; see also id. Ex. the GSM000102. Swidler (Meiselas: of terminate 1. 151 that Complaint"). GSM001070. at Ms. complaint did in would Morris, very not did asked Geragos, Doug a draft Luke Dr. Ms. "Luke's (the "no agreement.1" CEO entities Swidler Luke Dr. Mark Swidler Coruplaiñt, report with and counsel, settled to Ms. 2014, music 2014,107 later FBI settlement," to PLTS053640. at Luke.103 claims, a non-disparagement litigation been Draft try greater seekmg "related spring pre-meetmg or at as by Dr. 34-35. see complaint'"); of the cal1 ("We way See 105 also music along reviewing or defamation, 9 at Meiselas companies, and Ex. traditional l°' his Id., 1°³ 1" and abuse February release for in hadn't dispute Mr. receiving or the effect."l" that a In exchange Kesha's that During Meiselas would agreements 1" that Kesha in complaint the settlement Morris Luke Dr. extortion no of Mr. privilege."¹os which settlement and "abusive claims with directly sexual-assault with produce," to draft a copy see were there Swidler obligation Kesha's settle work to was he Luke.¹" Dr. under because to have Kesha's a settlement by Luke Dr. sought not commumcations her "covered exchanged parties with agreement any [having] would heard Sony with Meiselas Kesha agreement a joint-defense Ms. file after work longer Mr. which under immediately entered no could physically."102 and verbally an papering Kesha that 47 at KRS_ESI_0034379. 13 22 of 51 said, "Td like to see the in the was INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 settlement long-form a could enforce does not and not Kesha On Kemosabe 14, Records (the committed Luke intentionally recently l'2 1¹³ 114 an 115 116 117 l'8 to an asserted on "[e]ven you many of the Luke sought whom GSM000775. See id., Ex. 33 at GSM000781-87. See id., Ex. 154 at See id., Ex. 2 at 225 would be 30 she Luke know his expanded veteran you name, claim that alleged of criticism his about know coverage.115 further New his York work."120 Dr. that Dr. weight.117 her Strategy defamation team whom was copy Public-Relations a retaliatory Dr. advance Kesha's cruel and involvmg immediate Complaint Luke Dr. of lawsuit public-relations the NY Dr. Luke Times and his 1-4. (Falkenstein: given an See id., Ex. See id., Ex. 154 at 12-17. See id., Ex. 154 at 8-9, See id., Ex. 132 at 7. Id., Ex. 60 Id., Ex. 189 at with against an reflected Sophisticated a public-relations don't at "[I]t's common very complaint embargo[ed] MSK-SS000014-15; SSA002097; at Dr. litigation publish through Highly 2014 14, in cases, could California includmg A other and action, The And Sitrick,119 if of strategy.118 33 at when that complaint in TMZ that distress, public-relations Michael so causes October Ex. 20 defense, common is deployed battery.116 Litigation responded himself eight emotional id., l¹9 her state-court As embargo, and assault See outlet has express With include wrote clause in circulated Luke Dr. Complaint").113 Luke Dr. inflicted no-holds-barred experts speaks a Califomia filed "Califorma sexual Luke who counsel however, terminated, non-disparagement Against Kesha 2014, under Retaliates Dr. negotiations anyone but Litigation Complamt Califorma Luke Kesha a tactic TMZ to Settlement Luke's Dr. 2014, control.112 October Luke 111 only and provided and not early-September in contrary, a liquidated-damages California celebrities,114 Dr. on cannot Initiates The agree against the agreement.111 settlement parties to To discussions. id., shortly 214 Ex. 22-24. id., Ex. 63 at SSA002108. 1. 14 23 of 51 at in [between litigation ahead SSA010948. of the filing."). celebrities] that INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 representatives and claims-a her deployed immediately has that strategy a barrage of continued to public New Asserts In fall litigation, New motions,126 amendment w - See, and 2 1 id., motion (filmg to filed (TMZ.com at Ex. is exhibit to but anyone KRS_ESI_0034145 else, 126 1 amended See e.g., Godesky See e.g., id., Id., recognized Luke Ex. 159 there Kesha Ex. at Aff. complaint abusive); to "Kesha Ex. Ex. id., support" 205 at Kesha's and 3 abuse allegations"); attorneys" her lawsuit" based there (declaring of on from card card 203 "no is "deceiving the claims "fabricated id., seem it 86 204 Ex. their whether at public"); for 213 133 like evidence, Ex. id., Ex. id., Kesha); makes that 3; bad Ex. id., at also [Kesha's] fiction"); Ex. id., birthday Kesha of outrageous birthday dovey lovey opposed a potential a continuation testimony); attachmg Kesha regarding than and "spectacular litigation California id., 206 Ex. rape"). 155. 156. 4 (Geragos: is (claims DAS a baseless 127 the at selected (accusing c 125 202 the stay argument.127 more "nothing or contracts.125 Kesha's forum-selection-clause claims "over-the-top anything or doctors 4 (Kesha's Stayed Is dismiss to conference court Luke's Dr. Case moved in a telephonic in unseal describing relationship from 190 acts"); (publicly at Ex. id., offensive 14 at e.g., clauses Kesha disparage to m California Records forum-selection overcome The After Kemosabe participated would 121 and York and that Counterclaims Luke Dr. 2014, citing those York intended day.121 this b. Kesha statements a significant forum-selection May referencing issue as to the 7 teleconference Sony clause"). 15 24 of 51 forum-selection and noting clause, "the which New York may judge negate at INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 appeared Califorma in come no the 2015, 16, within scope the In and her Kesha's to 28 Id., fall work Michael tweets on with See, 13° Id., e.g., Ex. Ex. id., 161 at 1³¹ id., Ex. 161. See, e.g., id., Ex. 157; See, e.g., id., Ex. 135. See, e.g., id., Ex. 137. See, e.g., id., Ex. 139 See, e.g., id., Ex. 142. 136 See id., Ex. 136, Id., Ex. 150 ¶ l³8 39 See, e.g., id., at least a statute-of-limitations and on on April 6, Kesha's would motion Court the 2016, be dismissed grounds.136 Motion a filed and New record York labels Kesha Kesha motion unrelated fan neither to had nor directed court requesting who defer a preliminary seekmg Luke.137 Dr. become a on injunction Around id., ; see Ex. 158; id., Ex. also id., Ex. 138. 162 ; id., 69-74. 16 25 of 51 Ex. 163 the friend,138 family and authorized, decision 191. 67, discuss drugging, rape, response, subject-matter-jurisdiction 4. Ex. the dismissal but to conferences.132 time-barred a made court conference status based "claims Califorma Califomia five counterclaims dismiss,135 to a the On Kesha's that findmg The set on decision complaint.129 dismissal had ; id., Ex. no motion). 10. e.g., ³³ tort in defer 160. See, 32 137 that statute-of-limitations 7 (Geragos at appeared motion the Kesha.139 159 and claims, York its clauses."130 selection Kesha's to amended on based litigation court an filed Anticipatmg alleged supporting Ex. Kesha the Califomia.133 a then-17-year-old 1²° of convinced 2015, the New in producers Eisele, and forum asserted Kesha 2015, 8, thereafter Preliminary-Injunction In her Kesha opposed primarily June merits pleaded Kesha claims, the Counterclaims meritless.134 2015, [contracts'] Kesha allegations Amended First the York.131 2015, July abuse of 21, stayed court regarding New in On California determination progress May issue.128 forum-selection-clause June on court 164. permitting same posted advance time, seven INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 knowledge Kesha did Kesha not months given York and motion call for want that the sort."¹® Since at sigmficant experts150; ® Id., Ex. not 150 See, 14³ 44 145 ® 147 1® 49 150 151 152 e.g., Ex. id., Ex. 150 at See id., Ex. 165 See Godesky 64 Id., Ex. See Pearl See id. See Godesky See Pearl See Godesky See id., at id., Ex. appealed (iii) on based ; see, 175 64 at e.g., Ex. id. also Ex. 2005 the ¶ at 2; 175 see id., ; see also see SSA011303; Ex. 148. also Pearl Kesha Aff. Aff. also id., 146 Ex. 145 Ex. 143. at 23; see id., Ex. 153 6. Aff., ; see rape 149. ¶ Ex. id., Ex. 147. 17 26 of 51 at ¶ 4. 192. 4-5. Aff., amend to W 4-5. Aff. Ex. and threats151; e.g., leave SSA011303. Aff. M for 38. 6. futile avoiding and not "a New in did not "adamant of retraction litigation.147 to her of rape and dollars in statements,149 her thousands 75-77. ; see Ex. Aff., ; see, 13-16 3, Aff., physical of court Kesha was millions of at alternatives, regard truth in day California with the tens motion the without claims.144 dismissal incurring pleaded her aimed York viable on York them, (i) counterclaims 4-12 67, M Id., Godesky and of lack The New including 2017 30, press M at Kesha was New time defendmg discovery, a substantial in had dismissal York Complaint already claims."145 her wavered example, Kesha to New In California Kesha's due spent Claims the voluntary pursuing fighting years four abuse further and never a January filed 141 42 spent The that supporting of.142 dismissed that Kesha141 re-tweets Her swing statement had supportive verbal did still has For cost (ii) Luke's Kesha has expenses.¹ª and Dr. Kesha She is attorneys then, allegations. fees she Pai "resigned" was four knowledge voluntarily costs, she case: Kesha's any To judge's legal posted also advance motions.143 know public the Califorma reducing dismiss to Kesha dispositive practice, have Resources later, the Pebe or authorize, Substantial few prejudice, tweets.1® Eisele's direct, Devotes A ... Mr. of, of her counterclaims the denial because of this attorneys' and on dollars abuse pursued sexual-assault based her Court on motion.152 had already INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 determined would that TAC's for led Luke's Court new Of 2017 30, defamation prior Second 16. dismissal Dr. Luke claim such any Indeed, motion ruling. nowhere file a identified in Complaint a 2016 than to On to Amended other Action."154 This permitted statements the statements, his Commencement given supra See expired. Allegations January limited limitations sanctions, pre-litigation only specifically the to Defamation Dr. liable of statutes have likely The the message.153 text "Statements alleged August Published one 2018, 31, Amended Third ("SAC") month Complamt sought to In Dr. fact, To Prior before ("TAC") Kesha hold Luke The the note of based on dozens issue, of SAC.1ss the ARGUMENT Partial discrete regarding causes Luke of is privileged; 14 for her (v) as WHO MUST constitutional who asserts Ex. 144 at 20-22. Id., Ex. 144 at 20. See id., Ex. 151. (vi) Mr. 35 Luke's statements emotional and are claim First actual opimon neither fact "as exist one to judgment Kesha's because that malice; was she to must abuse Dr. 25 (iv) authorized verbal (i) (ii) statements; more or act is on her on a be time-barred. JUDGMENT the judgment summary proves ACTUAL of partial of questions non-actionable Eisele, Dr. PROVE a defamation he are ENTER command to unless material summary entitled statements about SHOULD is and no (permitting prevail Pebe and Id., 154 18 statements COURT 3212(e) Kesha cannot when appropriate CPLR by non-actionable; figure" is (iii) alleged "[T]he 155 who statements FIGURE 153 thereof"). are THE "public part figure dismissed L See a public liable behalf; issues. or action, statements not judgment summary THAT DR. LUKE IS A PUBLIC MALICE. Amendment" than 18 27 of 51 on his imposes private counterpart. a higher burden Gertz v. Robert INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Welch, and 418 Inc., press that made as 743 738, (N.Y. provide Sup. a broader, provides." 416 cases must be As the Court of establish A. public Inc. Unlimited, Although rules," mechamcal whether personal 156 "When the the court." Curry facts v. "who had are Roman, not in 217 (S.D.N.Y. both 2009), and federal "[t]he The 422. state of category undisputed Jury dispute," A.D.2d favor F.2d of is 314, public n.42 facts plamtiff had a measure of (4th to "[t]he taken public Dep't 19 28 of 51 1995). Figure the Dep't its of affairs He 1988). heat." attendant 1980). critical the acclaim." of application rigid or consideration...is affumative determination public-figure 319 Cir. (3d Public Producer. in and spotlight (3d cmt., 858 857, "unsusceptible 3:23 [the] the the largely Instructions achieve A.D.2d Music prommence special 140 273 264, of role[] Inc., in that to [a] A As Conduct His A Him Render Attention For Racing, inquiry strived to law federal analysis, at entitled 769.156 at N.Y.2d N.Y.S.2d are 240 of examination false status 663 than 224, public-figure 40 Certainly 623 Deaner, Pattem seminal Public assume[s] demonstrates or attention And public-figure N.Y. Attract anonymity v. evidence the To Harness nhaminn[ed] "voluntarily 2d both a plaintiff's "states figures N.Y.S.2d were of 1998), must qualifies. Purposes, one its James, Efforts is in broad." quite Saratoga v. Wilsey observed necessarily figure 663 of Rochester, Supp. F. "an Accordingly, City public to 649 Inc., Lee, necessity All Mkts., question Dep't speech plaintiff "the v. (4th meaning guidance." Appeals For 790 constricted, 2011). Lee of statements defamatory law," freedoms the a public-figure Because 342. A.D.2d to exercise," fruitful 334-35, Capital Cir. "assure properly allegedly 254 more adequate Luke's society." Steaks (2d Dr. their constitutional Suntrust Luke Dr. that A of is at aff'd, no 101 for figures' 'public 1997), v. made Id. federal though App'x F. of Ct. Cummins aff'd, has one to evidence-that malice." is To (1974). essential convincing "actual figure 349 335-36, space and with a public 323, breathing clear prove-by and U.S. steps Maule "should be to attract v. NYM made Corp., by the INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 54 RECEIVED NYSCEF: 11/29/2018 N.Y.2d 881-82 880, has plaintiff "thrust h[im]self activities" through [his] The First, such have media to false 418 figure, increased risk "[T]he of when Hustler an the assume[s] F.2d 378, (4th An figure for U.S. extent to In affirmative 485 good these which And be so to and to or "resort Second, 5 1-52 46, as bad, the A (1988). case demon to 418 345. cry a sense, "[i]n Inc. Time, at contrary." the figure be." might U.S. convincingly strate public to [himself] cannot integrity to (1979). Gertz, sterling to to 164 expose[s] attempts for unbroken 1me be not example, attract public have famous statements controlling universal to catapult a public figure Court is of him a matter attention" agreeing 20 29 of 51 to of held v. 448 Johnston, a belly interview deemed is of his has authorities degree." an he aspects public-figure Rather, N.Y.2d who dancer for at the a public life. held status. 40 public fame-seekmg that private York that to of strains notorious to New Appeals by or relating of the two identified "pervasive[ly]" including becomes for James, step an need one U.S. courts rationales, purposes," 351. two-fold. presumed able 157, 423. inaccurate [him]." reporter or U.S. in 1971). may fame individual's industrious is concerning record an 443 Inc., is opportunity figure "voluntarily falsehood spotless Falwell, Ass'n, at comment," and his publicity, individual "all at v. Cir. on Drawing figures. of risk 380 or Inc. Digest defamatory vaunts opponent Magazine, Reader's are realistic a public N.Y.2d are them, a interest figures believe "more individual, 40 public to they have figures public James, with statements a private attention from who (public figure. preoccupation defamatory Unlike v. proven a continuing standard" malice Where consideration). sought a public is "actual (similar and he public's 344 at "invit[ing] injury candidate 'Foul!' U.S. Wolston by the rebut statements"). self-help." a public to effectively Gertz, the 422 at spotlight activity," applying due access counteract 418 for N.Y.2d public the "purposeful personalities, unsupported. effective into justification 40 James, (1981); Gertz, an that "the 423. took "obvious "an purpose" INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 of "attract[ing] her stage customers performances." was dancer belly and defamation was she Cities a public who was field and cause of the fame their public taken an active figures. has again, requiring respect • Sports to "very for 1998) Ozzy covermg harness-track A.D.2d (similarly Osbourne's at 217 A.D.2d finding former see have who also also figures, to relating are "without thus, have not necessarily persons that Bruce sports in conclusion whom over malice" "actual for standard, A.D.2d 374, 384 was an light sought at all the and purposes of driver 30 of 51 at 883; limelight in seekmg media boxing," female Davis v. 1982); in Bergman, 21 of Dep't media work, 54 N.Y.2d the context "expert[]" v. his 319; the (2d into for publicity Maule, themselves hamess-race in who events "within Dancer licensed doctor See position."). persons reached a practice" his publications nevertheless, appearances, boxer driver 858-59; courts thrust[] well-known" 90 such remain, the for that for that endeavors they satisfy public "voluntarily Magazine, Soc'y fitness "Although sporting Curry, and or of Capital v. life: auction," the public licensed 140 • who York to numerous making auctioneers, High • writer by New public 422. practice. purpose publicity-seeking issues, plaintiffs plaintiff's Illustrated attention • the at public Id. following of his that determined court conclude the achievement for array for Park publicity generally least N.Y.2d on debates in the including art 40 James, part wide a continumg with • in favorable into ("[C]ourts ed.) basis notoriety, "invited say" to in the 1992), investigation figures'-at 'public interest." public or or engaged Individuals doubt," are an Dep't (4th and of (2d 7.4 § 197 the alleged suffice[d] Likewise, of whether the "it 423. at accounts to determine to publicity," Id. respect between nexus the activities. 192, purposes Privacy like those attention" media declined expressly Given "with least "welcomed A.D.2d for court plaintiff to 181 figure-at figure: the respect least a public The public s[ought] and was 422-23. which Inc., Libel entertamers at with figure-at Sanford, Id. in figure "actively a public the the the purpose" "all Communications, doctor W. an club" to the 246 public coverage of field A.D.2d harness 573, 574 racing, (2d Wilsey, Dep't figure); of his practice, television INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 and appearances, N.Y.3d "well • Atkins-diet known of affairs and certainly COurts malice" F.3d for and and (9th Cir. who 1121 246 Dracos, of F. Supp. 922 Survey, Dep't (1st 3d 257, S.W.2d 242, Eagles v. Kohler, Ratner "tackling 177 in an at Major (D.D.C. League 2017); (Tex. App. team, 2000); WL 105528 F.2d figure, umversity, F. Barry players, popular 1996). 22 31 of 51 reporter, 2d v. Time, the 2018); Antonio actress 1986); and 1071-72 Al and and newspaper v. F. (C.D. Supp. Jazeera Exp. 2d Supp. F. literary (S.D.N.Y. 584 who and journalism Inc., Celle director 528 in 1055, Cir. City, film Inc., Zimmerman San York Feb. 26, waves," difficult and Supp. (5th in radio known notoriety card, role Eagles New Haw. 830 substantial known literature, U.S. Ltd., Phila. of 1564 trading 207 Inc., Baseball v. (D. 1558, 388 379-80 375, "well or "actual downloads, a Concepts, to figure- Butts, "played and fame Supp. F. action and Sup. publicity the Newspapers Chuy Journal v. v. Internet "well Cir. seek to Co. of 637 relating 643 a prominent plaintiffs dangerous activities Metrosplash.com v. (N.Y. producer. who Post, "general Inc., public public all-purpose Pub. friend, (2d 2018 achieved "her an commumty Chapman Publ'ns, resulting 255 of to self-proclaimed exceptionally who efforts Associated v. football 1979); 163, concerted millions Wash. v. Filipino-American purpose coach 263 Rebozo F.3d in 1006 Curtis best the Nast two Nixon's from 209 position following Manzari Cir. writer Carafano 1984); "[w]ith surfing for basketball Cal. own Trek, performer exposure," skills," 2007); Star articles, (N.D. 826 1002, music the director, (3d for his al1 1280 rape, Conde v. on head 49 Zagat v. N.Y.S.2d became athletic Philadelphia Inc., of (D. Haw. community" appeared 2002); 1995); Friedman, A.D.3d 21 prominent Luke's a celebrity as holding accord, and Luke Dr. President 1265, notoriety Adler magazine v. Inc. aff'd, Dep't (1st Atkins Restaurants, 638 Dr. work affairs," the Enters. gamed criticism," 12 Inc., 377 376, copies, 2004), public Dep't Georgia's 2016); with accused journalistic Holdings, 1997).157 through his public listeners Reporter 1093 of F.2d boasted 1081, in financial 595 producer" to are broad guard Club, "publicly Ct. "a achieved, pornography President's who million Holdings, (1st that related (plurality); one-time surfer Sup. N.Y.P. 197 he University 888-89 Filipino NYP v. A.D.2d Themed see obtamed v. establish country among v. 4 nearly (N.Y. who prominence the (1967) Football commentator" 214 Mulvihill, patrons, n.2 A.D.2d statements publicity, 1981); 445 v. sold seeking facts standard: former 1975); Islam, 238 the around 881, Dep't Farrakhan undisputed extensive books of aff'd, and 162 130, Nation 1995), 157 whose 441, general," in The the N.Y.S.2d founder influence, Kipper films, and 2005); and several Roche public to in (2009); (1st open 781 doctor a comedian," 852 852, LLC, Ct. n.3 Irish restaurant • as founder, A.D.2d • 353 348, • roles News Cal. 1110, Am., v. LLC, INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Courts 49 at 882 at A.D.2d 888 an female at named to its been him least #1 twenty of mentioned of acknowledged in persons hundreds of books. three knack remarkable step[s] to attract James, comment"); for 40 themselves thrusting From Godesky the Aff., A.D.2d into the mid-2000s Ex. "[t]he 94 at 830 by hit producing made the F.3d supra Billboard 5. By him to That Strategy Top and Dr. 2014, 10, named Luke him had were contributions compared for ASCAP him to Luke Dr. songs accolades: story music-industry 319 commercial than U.S. Dr. KRS_ESI_0033742, Luke at media seekmg Dr. element 345 became (auctioneers in success-in a decade, essential 418 Gertz, limelight onward, his his more For at Atkins, status. a cover Public-Relations beyond far 422; accolades); Beatles.158 the Him Established As Figure. i.e., at 54 Maule, Manzari, numerous See Contemporaries attention," N.Y.2d other public-figure have received industry. and A songs dedicated music the famous his Luke Billboard id. Public of Dr. articles, self-promotion. 217 Curry, news exploded public figures." 158 fame 6. Pursued Famous Luke's in See Luke Dr. 2. id. and Year, became Hundreds 5. See hits. the powerful in supra See artists. See founder); general-purpose who producer, Atkins-diet name including accolades. and Producer. count). Luke's Dr. music of download public awards, success, success confirm successful list Dr. commercial star's and a field, Music Celebrity career, public-facing within professional readily Songwriter 2012 achieved writer's metrics pop-music including success pornography enormously a plaintiff's A As Success Extraordinary examining (considermg (considering Those is of (considering 852 at Achieved by degree the N.Y.2d begin often recogmtion, Luke Dr. 1. hired at underlying (public public 32 of 51 took the figures "invite figures by least four different due part to his "affirmative category attention "voluntarily attention"). KRS_ESI_0033756-57. 23 Luke large public-relations of public and A INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 of roster long coverage. By mainstream feature podcast compliment his U.S. v. on report (media Bell spotlight, v. 'self-help,'" publicists to alert public the 584 Luke's is Co., an irrefutable Inc., 626 U.S. at and Luke success marker F.2d, and 1249 a 7-mmute national (iv) profile of supra See figures. 2011) to thousands of private radio 8. identifiable ("easily 164. shape well in as n.10 's Publicity media the at doctor 353 and 1984), Luke turned routinely supra pp. Him he into stepping to figure). that can (ii) n.3 public confirms by Established Efforts N.Y.3d rendered dispute. necessarily comment" (D.D.C. See circulation 12 fdms favorable reports. general of beyond status Kipper, several Dr. Indeed, their of exploitation 132 128, public-figure "resort his the to army (i) effective of 11-14. As A Public And Figure Influencer. in of as his fastened."); role and to "adverse Celebrity Dr. of Md. (D. magazines has interest Supp. F. media Dr. 3. hundreds those n.14 renders and access of risk 443 Wolston, coverage appearances, the A.P., 586 586, (including a social-media had beyond far ("Newspapers unfettered assumed voluntarily 422 whom Luke's Dr. Moreover, 574, media television coverage, went media with and interviews; a a stage interviews appearances cultivated and publicists pursuing feature-length (i) red-carpet likewise of consistently television (iii) bench with expert followers"). at upon persons in public-relations deep by @TheDoctorLuke 2d widespread N.Y.2d a celebrity (ii) Luke account Supp. F. "17,221 Luke's 40 Dr. active 814 with James, id. effort. highly Cassidy, Dr. See his figure" public Tonight); 7. a Yorker; News media-relations and followers, Cf See broadcasts. as with participated New The World status Luke Dr. like ABC on his Armed 14. promment a Sitrick, supra See example, outlets Michael by cement to of way story and sought press headed clients. celebrity Luke Dr. name, team a teams-including his (5th transferring recogmtion his general-purpose Cir. 1980) public-figure (former professional 24 33 of 51 and from influence status. football See Brewer player one field v. who to Memphis opened another Pub. INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 restaurant political organization public celebrity artists industry, the Walk of fuel Hollywood status "beneficial to 197 Life (doctor Extension became public marketing involvement in See figure. became public Found. v. figure subject Dr. 4. to the federal-court being his public a "visible media coverage large." at public See traffic. 2012 covered Congress. lobby connections id. Hollywood the And 8. announcement other tourism the on to within that it the had id. from 423 held be to a public Dep't (1st because 2016) His Luke proclaimed A.D.2d Alcor practice"); (cryogenics publicized it Emphasized his as 181 Park, figure"); for his publicity" "welcomed publicity 464 confums further celebrity plamtiff favorable 464, his (where standard Dr. lawsuit, crowed about unparalleled respect See target[]." exploded-if a star "be A.D.3d Repeatedly this and acclaim "international the is [that] for the company business). And Recognition Public-Figure Status. he complamts, accomplishment from before years Luke at must actual-malice Luke Dr. "invit[ing] 136 Celebrity In by Johnson, selected See N.Y.2d she figure Within In (lobbyist his 9. benefitted 40 James, monetized supra foot to 1986) See tourist judge. Luke Dr. Water. a widely economically interest" economic her increase Idol" Luke Dr. CORE made Fox "American an that would Luke Dr. space, status. celebrity (S.D.N.Y. n.3 engagements civic formidable selected 507 502, Commerce of he that as a public as the and Luke's Academy Supp. F. commercial Dr. Recording 649 industry, Likewise, the Chamber believing Luke Dr. and In of array demonstrate Buckley, his entertainment selected at v. An figure). influence figure). to Fame, broader of Carto see 8; public Grammys the arena, supra See spheres distinct spañning name his bearing his in [his] openly "continuous from his peers both 9. Dr. Luke further supra See id. his songs Dr. Luke topped "enviable even the 25 34 of 51 in the blamed wondered charts status music only fame. In two widespread international, his field"; his in the "fame as early because and success, and industry"; entertamment his 2011 and industries success" and as of 2010-i.e., his celebrity. his for his before See INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Far id. N.Y.2d 54 Maule, one of who concessions lesser the known best public B. Luke Dr. on based A Is The themselves thrust of the the attention Flynt N.Y.S.2d at 1987) 627 "innovative" F.2d Other representative relative 1249 Newspapers Frontier Mass. (D. 502 Inc., Broad California Silvester merits Co., v. v. Am. Cazares, Broad. of 745 Waldbaum v. A F. 555 at controversy is be 556 F.2d Companies Bose hog-production Mo. who purchase 1976); 1272 (5th Cir. Inc., 839 F.2d Luke Corp. v. 1981); 1491 26 35 of 51 and (11th Cir. in (N.D. 1988). Tex. 508 Adams Church in freezer- the F. Springfield effort, corruption [this] enforce Union, v. hotel, of to 452 Consumers Florida company's matter practices local-fundraising of participants." direct attempting McQuoid (D.C. received and Supp. 663 Lee, has fact "subject F. media." 1297-98 not are a position accord in business 684 (i) injected the 1287, in plaintiff "assumed to "have resolution "voluntarily cooperatives" project, 1980); F.2d The Inc., the 1984); that of Dr. the and dispute deceptive product, (Wyo. "a by Companies, (W.D. 627 "viability described (ii) Cir. persons by include: Broad. (2d who influence access controversies).159 was proposed 1050 felt (defining 136-37, 136-37 Statements. whether continumg Publ'ns, public Am. and 123, to litigation" the Public individuals others"; Fairchild controversies Supp. 638 F.2d order consider of subject will a mass-produced P.2d the public 1299-1300 v. 1981); influence regular Inc., public Brueggemeyer industry, 1988); Supp. F.2d to to "overlapping" 745 effort an ramifications 1296, as Lerman, meat at policies litigation," 159 its courts "maintamed test). because attention Waldbaum, also similar in include in York 254-55 at A Into Defamatory figures New S.W.2d Himself Allegedly controversies 345. views Co., see (articulatmg public at (iii) Distributing 769-70; particular commentator (radio 922 Antonio, was he estimation 177 at Injected public that own his See inquiry. litigation). He Kesha's Gertz related and therein; v. U.S. his Of public-figure F.3d San prior Because Heart 209 Celle, in the "[b]y figure); fame of in controversy prominence" Lerman of to a public into The instructed 418 public Figure of because part ); Public forefront involved." public himself Court to issues "invited of Supreme of dispositive Illustrated" concession At Controversy in known" "well as figure Sports at deemed often public writers figure are (writer himself characterized (reporter 882 at fame of the jai of alai v. Scientology industry, Cir. INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 and forum-selection stated the dispute A of abusive treatment interest"). years Bros. Pictures, has controversy respect to decades with illustrated Godesky e.g., oppressive 16² her 63 supra n. Illustrative the characterizing his 1940s who hand asserts on artists artists and male by and is music more than Warner v. with who producers have interest And no for acute industries controversy.163 under artist-treatment and public intense held especially executives and public Haviland This 1944). of 2018) 8, banned are v. matter Mar. are Foster Cf widespread De App. Ct. public. struggled in "[t]here wield this no is for topic is question that to he was played of 212 Ex. become Artists Recording music out 19 years a global on Ex. id., and old to for 196 eliminate Artists Rights); worst nightmare ("Prince ... industry's conglomerate"); only Concert (covermg the Coalition Warner was Bros. Ex. id., by wanted not out of the ... budgmg stage."). 19. reports describing of and unfair here, Super. Kesha's like reporting,161 this (Cal. "discovered." first the the expression" issues aspirmg entertainment id., a music it *3 that national on threatemng and public at (Cal. formation when 2390162, and 1. (reporting with signed was sparring is contract he at "artistic problem,162 contracts); Love contract See 188 The reporting 134 recording-artist challenging The Ex. id., of culture long Ex. Aff., ("Courtney music couch" 235 female careers. media's 161 See, their are as for of ensures 225, young, works "involve he admission, contracts where, contracts they focus of over the 2d a consistent a "castmg by See been power when App. artist (creation producer which 2855, Cal. mistreatment the enormous 67 Inc., WL legal Plaintiffs."160 lifetime valuable personal-services executed contracts music by Section a binding and effective 2015) 2018 Tadros, drugging Code to v. Kesha producing Dep't (1st interminable Labor seven 171 and rape Indeed, Califorma 156-57 in executives-particularly from artist Bensussen of over industry an 150, concern"); (allegations 60 A.D.3d between exists powerful by Kesha: against contracts controversy prevents 128 Svenson, "public public artists provisions around "centers serious treatment choice-of-law include (i) couch "casting chest; she was (ii) fired 2017 culture" the a recent memoir in the 1980s head when retrospective industry as where situations her a fall of by an "age-old MGM Atlantic she refused 27 36 of 51 by epidemic told Judy Records' to sit The that Garland first on goes back how to female a male Daily sing A&R colleague's Beast decades," by and placing executive, lap; (iii) a INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 violence News, Daily 632 LP., Luke Dr. artists in Jägermeister within know, basically."165 stuff is Similarly, a fall followers, and media his his Dr. Moreover, band member Petite Charly was career 164 that left See his 165 the McClam a (v) over New Yorker over their and Luke Dr. Luke the after 1997 report after she Godesky Aff., Ex. musical "taste is "fought 90 that Id., Ex. 102. Id., Ex. 90 at KRS_ESI_003709. Id., Ex. 94 at KRS_ESI_003375 Id., Ex. 94 at KRS_ESI_0033752. 66 167 68 off influence to The KMI contract that harassed; R&B Luke 3 (Dr. of a 13-year-old has just like Shola producer." singer a lecherous at a (iv) is LA" of culture business English by and primarily girl."). 1-53. 28 37 of 51 which 1981 Ama that See supra worked self-described Kesha with bind Kesha, signed (at an aspirmg Press article reports and business n. social- while."168 a publicly she of twitter lackluster Associated movie the artists' Luke's in some stuff."166 Kesha's her a 2010 anging Dr. from heard were Avril's in knows his about we am I Kesha she discussing joke ... studio of And with ch from highlights "sour" haven't couch being Luke a bottle drunk. and smart, his Touting Limoncello. dynamic people profile featured of fuckmg really The was song. of power terms. music "the songwriting Dr. "I outsize "casting industry his mega-celebrity three-quarters a bottle ... prevent Luke Lavigne "drank quotes Doe obtaining female young, Dr. Avril shitfaced, Luke's Dr. commenting his an were to tweets.167 contract that is profile notes used of job the 2012, drank by controversy Ke$ha...[s]he's my artists, examination and couch"; about in they publicized concern." public 1995). with that ...We paramount public of [Avril] drinking. thing that making brags likewise oppressive to mega-celebrity, The control with BBC Luke the 2013 presence, recent and Ct. instance, the hours. stupid...Sometimes with relationships of of relationships For Luke Dr. Sup. of his about couple "Here's really (N.Y. 6-9. a matter is forefront supra shots, Dr. story: 752 the video a doing particular highlighting Lavigne, ... bitch, the to See Ms. with relationship Billboard himself coverage in 750, a 40-mmute in prominently rape N.Y.S.2d portfolio.164 his you and thrust media continuing just, women towards its age 18) girl- quotmg castmg feared imtially a her 19. female stars, commenting v. INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 KMI grants exclusive produce individually While it when terms of and publicly she works the the the Id., ™ Kesha at was suffered as Luke Dr. Goldreyer, an controller 172 ™ & public Kesha to Godesky Id., Ex. 17 Godesky Aff., at work with whether controversy Kesha's this unless injected artist-treatment to as At the to the this a fitting own Luke's Dr. public "related statements statements by further Dr. Luke's Luke; Kelly conduct with "preexisting account, very "t[his] least then, for example, Clarkson, respect Luke's Dr. cementmg sufficient 259 Co., See figure. figure Washington for id. regarding and producer public Ex. 201. Ex. 134 at in up role (art Dr. Clarkson to in the artist-treatment disc allegations 1. 29 38 of 51 to 742 736, public figure of in use his (D.C. 2018 Bensussen, sexual would where assault of the status Daniel see 1999), known "well F.2d jockey" interest: Dep't his figure, allegations, related accident); public voluntary (1st restorer statements 779 a artist-abuse 353 353, Magazine, figure widespread swept A.D.2d be to publicity 11. Aff., to Plaintiffs."™ and Dr. public music of further alter style, music releasing Luke Dr. to management directly Kesha's women"). See ™ See relate linked producer public issues and refused 195. sought Jones v. creatmg has 96-99. not Dow hip-hop "involve[d] against v. involuntary ("alternative suit characterizes coverage, n. abusive 21. "baby Luke that n. artist" renegotiate contract), (considermg Unsurprisingly, had Dameron techniques); this immediately forced artist involuntary it" involuntary of outside at "controversial" Ltd., him render the breachmg 136-37 at between 10 only supra See if from Indeed, Ex. media "well-known," a not the sigmficant Even Kesha™ of heart expert treatment. controversy. m press contracts id. 11; not similar garnered The to to supra See Dr. in engaging entertainment-industry around 22 Ex. F.2d Luke's Dr. the 745 for is Luke Dr. releases. success,¹® abuse.m about centers l® at Lerman, and narrative" dispute statements practice use to controversy.™ public litigation"). controversy,172 him pays (or and By like Kesha that commercial contract. Kesha requires album custom enormous artist-treatment See of abuser and music, every music-industry a mega-celebrity her controversy. on songs six achieves artist preventing Finally, subject least her now-unconscionable the into produce to that an with himself at undisputed is contracts the rights nevertheless but profession, questionable Cir. 1985) WL 2390162, (air-traffic accusations and violence at *6-7 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Luke is a public necessarily Kesha's C. New Under within "arguably Huggins v. standard to an in statements about Supp. 381, leader on an 383 Dep't A.D.3d filed 1998) due Newspapers, are it minimum, he 686, 687-92 (professor seekmg public of is legitimate beyond dispute (2d publicity figure and Dep't public that publicized for for his Luke this action. Blum claims); made statements 30 39 of 51 v. v. after 15 and is (2d see on Jimmi Kesha's exposition. Dep't 1985) Broad. Corp., 928 F. religious commumty concern'"). a public See figure with Colantonio figure for State, 255 lawsuit allegedly (1999); public a an concern"). n.19, Canadian by interest Dr. supra 10, assault public (doctor 2016) A.D.2d sexual public warranting Bryks concern); 'of commenced after public matters 107 Inc., ("[A]llegations 1996) surely to of see of (commentary legitimate Hollywood, concern inescapably matters (S.D.N.Y. absolute made 135 justice school-children statements lawsuit and of culture a private 304-05 296, 1987) of though a victim as N.Y.2d Dep't (1st sphere the "castmg abuse 88 83, "certainly...within Poughkeepsie v. 81, In concern. irresponsibility" out 94 matters (1975). divorce: speaking abuse." spousal couch" the for 199 public Moore's to "gross 196, "gross the is related with legitimate Melba platform A.D.2d 128 of acted N.Y.2d applied to publication reasonably defendant sphere Appeals economic Press, Luke's Dr. conduct (criminal Ctr., of light "a is Concern. Public defamatory 38 related Legitimate which the the of provided contracts show of and a false concern, within article of Sphere Observer-Dispatch, Court the defamatory Amordian Pollnow e.g., Utica example, production Particularly must squarely nonetheless of a plamtiff suit.175 this the content public phenomenon v. the legitimate v. fall allegedly Chalpin At for Moore, modern Hendrix's 175 of statements divorce the pervasive See, sphere Chapadeau Kesha's also when law, of Within Fall exposition," irresponsibility." matter, York purposes for Statemêñts the public warranting figure v. filed due Mercy made statements A.D.2d respect 878, to 880 press to Med. after (4th release). INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 THE H. COURT SHOULD DEFAMATORY The because good-faith or Knoll or for v. The "[N]o are 713, 715 with potential attorney's Cir. the (ii) 1. and June abuse. Kemosabe with seriously: Dr. 2014, Sony's See Kesha had had engaged regarding General (i) Mr. 12-13. Counsel A a the Good-Faith in Dr. basis Luke, understood request Sony, the and 31 40 of 51 N.Y.3d negotiate not chilled Jan. the by an to 645 F. App'x The 2017). 17, of publication the Draft TMZ. to Litigation. litigation Records to be covered Dr. no required took Luke's Dr. regarding with that Kemosabe negotiations the intervention"; (S.D.N.Y Anticipate contract 24 O'Keeffe, negotiations a one is extends v. Complamt anticipate See "[i]f to privilege pre-litigation To for *5 statements); Khalil, and Tacopina at to Liability. defendants The Califorma to v. encouraged See settlement year-long Kesha's Inc. law, actionable."). judicial 719. 177652, Basis good-faith at Meiselas's of transmittal Had supra for be press. WL statements). of statements, time-consuming Id. the 2017 Inc., liability Kesha Kesha with (19 pre-litigation potential should suit." a defamation Paxfire, pre-filmg Records Luke. for precludes and By v. Feist 2016); privilege Complaint; phase communications pre-litigation qualified and basis and costly pertinent From Kesha Front, "encourage[] as (6 and defamatory on" based a matter LAW. communication litigation." to pre-litigation th[e] the being is prevent to be as fdings privileged Protects be anticipated purpose order in during of faith privilege's plamtiffs possibility (2d a good ("A (1983) Privilege can litigation developments would uttered, defamation for to The (2015). is Pre-Litigation action pertinent it 208 discussions in litigation 205, non-actionable are Kesha by NEW YORK UNDER settlement during (i) contextualize which Kesha (ii) N.Y.2d 59 on made ALLEGEDLY PRIVILEGED sued statements); to Schmidt, of "[c]ommunication rape attorneys Qüãlined cause statements (2 occasion the A. 8 her Assocs. but which, were they has OF THE 25 ARE Luke Dr. litigation Kesha by Park 7, that anticipated (iii) which for undisputed is THAT STATEMENTS statements it ORDER Luke, direct Sony, contact Kesha's by a settlement claims INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 and privilege, Luke. See claim most (as substantiated from Kesha did Kesha expended to and WL 2017 Kesha's See in Lombardo not resources to to allegations. in multiple See id. York And where her seven plamtiff Califorma claims, "submitted opposition to the See where Dr. Luke has court supra she good a 17. fall by has It since repeatedly 32 41 of 51 faith is 2016, 14-16 reports and she *8 amending ; see also could Feist, claims"). privilege dismiss 2017) 7, pre-litigation and dismiss to Kesha that lacks rape lawsuit the the more- and abuse on only her the applies. Apr. for" focus to voluminous (S.D.N.Y. basis *6 forward"). a motion the pursued to at defendant's] undisputed also vigorously offered supra a motion invited first-hand 177652, by opposing at 1378413, had and jurisdictions, while WL 2017 further move including whether to matured and WL to defamation [the irrelevant Califorma the York. litigation, is prevails...[it] that New of merits case LP., expert multiple the Califomia See conferences. trusted 9-12. failed argument, court are 2017 Feist, to she records, supra See See litigation. assault as therapy Luke. Dr. case a parties undisputed is in pursue to ultimately in New advanced-stage "not Enterprises, litigate litigate was least of Seuss It Kesha and defendant commumcations). directed at (noting of Dr. claims with sexual allegations e-mails, 2005 Kesha's professionals abuse Califorma-is-the-proper-forum dismissal v. or *6 support voluntary ("whether her in at it worked her resources participating 177652 £nhmissions pursue to Kesha's 11. 3, medical to third-party who observing buttress reported Dr. expended shows, Luke's Dr. extort id. evidence reported supra See artists fail also contemporaneous substantial complaint dismiss, of and and See or Luke Dr. Complamt, undisputed the immediately do), assault. female other privilege (applying the a record by Nor Kesha victims with As defame to seeking agreements. settlement unsurprising. wholly rape terms to accounts is of Draft the reviewing long-form drafting well-documented. is came after contrary, behavior confidants her the Kesha accused contemporaneously resources That and one To id. sigmficant rape no if Kesha INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 admits that rape the did multi-million-dollar Law when Califomia the Ct. Oct. under also 2016) (rejecting embargo for 645 F. New B. New and pertinent (2007). New York to Godesky filed in Aff., Ex. action of reason the of Dep't WL the that within 74 to privilege summarize privilege." [§ 74's] 68. 33 42 of 51 as v. any or of as long and restate Engel, have Kesha. quasi- or statements N.Y.3d report are 359, of A.D.3d 365 any of allegations 33 see *6; pleading). a judicial 8 true the v. at draft such Inc., "fair and story Protect course to provided 177652, of press Sup. related the WL MetLife, Lacher (N.Y. was write 2017 the during Feist, *15-16 received to filed." was that Privileges protects essentially lost pertinent plainly at to distribution made similarly is impertinent statements reporter Feist, to were TMZ filed." Rosenberg § privilege clearly 5944468, that absolute so version the complamt permitting an by is TMZ and draft-complamt privilege The 2015). and where was liberal" "extremely *4. involved." Law fall (1st 2016 "statements questions ... 637 D. Jacob v. an Judicial-Proceeding-Related law, crushing Litigation. applying Counsel Coursey, The Mosesson track[ed] Complaint protected "Comments an the decide," at 177652, And 211. Absolute the bounds 8 (extending Rights Civil proceedmg." as at clearly the purpose common York are material pleading App'x York's proceedmg judicial soon as 634, v. To 1999), argument Ex. express to "substantively Liberty Aff the publication Under also court General impertinence "for Tacopina, judicial ; see Godesky claims); an ready at 7, proposed *5 177652, they Pertinent A.D.3d Sony's to because litigation, WL 2017 provided Were Dep't (1st WL 2017 Feist, complaints the beyond goes needlessly The 176 used 89 127 the notwithstanding refused, steadfastly litigation. for 88, Finkelstein, language the this law of defamatory." and it v. has Publications N.Y.S2d 683 Firm, Flomenhaft standard. of stress a question is "Pertinenc[e] Kesha Alleged The 2. "only and costs Fuchsberg occur,176 not a 10, 17 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 (1st RECEIVED NYSCEF: 11/29/2018 Dep't regard 2006). to Section case." the New Biro York's they the affidavit in pleadings, and injunction motion, Law Rights and background statements that in abuse, sexual Dr. Luke allegations. The documented in aftermath assault hands the Kesha's pre-litigation recogmtion of negotiations, includmg recent admission (infra defamatory Moreover, voluntary-dismissal by that 39) to of none of further the decision, refutes extent his that the Dr. First New York "sham Department has in 177 34 43 of 51 made case 7 exphining filings, emotional See his Kesha's refrain rejected and long phone, hotel, supra Dr. 11. 3, and Luke's settlement See "sham litigation" are good-faith filings litigation" "sham oath), agreement. flatly of report Geragos claims tort under attorney-manufactured Luke's true conclusory data. settlement in under protected and York were motion mariipulation, with reflected allegations York D. empirical is are Mr. mental (confirmed uncontroverted and claims New New preliminary- fair and Kesha's underlying and York example, of and reports abuse For Appx. California a long-form the D. the Califorma attorneys' her to statements protections veracity drafting public 6 of protects her with material 2012). pertinent which Califorma absolute background (S.D.N.Y. New her on Luke." claims' the of a victim as Dr. Kesha's by Kesha's or 2014 the contemporaneous supported records, Indeed, Appx. "years these underlying and medical her overcome cannot and Kesha's of at material defamatory See on 478 441, support in reflect based D. of release privilege allegations developments. were facts Appx. allegedly they immediate claims and because 2d were they submitted Kesha's litigation the Kesha's of the judicial-proceedings See she to Supp. F. rape-and-abuse the 74, § made. that 19 Similarly, 883 Nast, because were "extends also common-law detail based.177 Civil Conde v. statements, which litigations privilege absolute, defamatory allegedly 74's and id. 13. public Dr. statements litigation" rests "sham Luke's argument. on Kesha's litigation" are INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 arguments contravene were in the free did man a vigorous objection. could THE supra See id. the COURT See law. 585 580, Court in categorizing of and opimon, which an Int7 through a not be the over-all an privileged, may anticipate v. Google, central inquiry"; context is interested of has in or as when her purpose "[r]ather, it counsel supra made of that the of at the a 42; accord average 35 44 of 51 ON THE H. debate the or ... Dep't will to statements in "sifting of fact a whole, at understand should as well 276-77. a statement the key Sandals as N.Y.3d reflect of of N.Y.3d 18 B., Accordingly, writing 10 Mann, the circumstances assertions the often hyperbole." 2011). identifying a lawsuit Paul 10 Abel, a question character other or rhetoric "is v. v. is context "assume consider Mann opimon an 18 OF OPINION. See Thomas listener of context her costs FAVOR statement's (1st to and fees opimon. constitutes and necessary over EXPRESSIONS fiery isolatmg forum- her dismissed KESHA'S IN public 41-42 32, Id. in in Kesha litigation, 17-18. may epithets, of is fact" concern rejected were would ... particular California substantial opinion." or fact A.D.3d the York incurred that of use the New claims statement statements 86 York expressions recognized publication." the well-settled party a particular Inc., for on based the that allegations ultimately NON-ACTIONABLE be apparent to that JUDGMENT a statement commumcation the It by Ltd. ARE of is cases rule sexual-assault a court has See ENTER Appeals be thus audience Resorts of "[E]ven (2012). statements. Whether The consideration her cannot (2008). Kesha then, in the by danger assert substantially only protected That regard New Kesha's Since SHOULD liability 276 id. of THAT Defamation 271, 16. before existed is to With claims 14-17. truth STATEMENTS N.Y.3d her privilege 14. forward power. substantial at "would otherwise candor A.D.3d come hold the whose 33 dares pursue to See defending forcefully of "If persons the woman a position she arguments. of privilege": Iocher, in selection HL none here-a everything the To losses. themselves." express where-as against litigation underlies sustamed, to cases substantive that policy ultimately feel on premised speaker's made opimon, as FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 INDEX NO. 653118/2014 RECEIVED NYSCEF: 11/29/2018 45 of 51 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 noted publications Given statements' the no (1995), in would the Courts are are epithets, fiery rhetoric character of statements WL 1996 where "loose [the speaker's] (1st Dep't taken own (N.Y. Sup. television and E.182 The Court 81 Mr. e.g., at 42, Showboat. All Geragos is ¶ 75 See Appx. allegedly E. of a viewers v. because Dep't 266 Imus, v. ("comments 2017) not 51 Trump, hearing A.D.2d "would they Co., interview" were they the Broad. live that of assume Nat7 unrehearsed the use may v. and shows, 36, have been N.Y.S.3d made 37 330, on unscripted entertainment-news were exchanges" verbal and discussed cable programs, See debated. nonactionable. Appx. 51 Jacobus, 200. for rhetoric" his used to Godesky 199 Geragos"); in celebrity express statements zealous Ex. Aff., Mark describe showboating his and "fiery See statements. been that talk fact forum." particular the Huggins Jacobus claims parties the cable of Hobbs (1st on "spirited flamboyant, listener opimons, advocacy, ("Pit Ex. own not facts. ("Mark 195 His right"). See, 86 Hollywood. bull. id., his Sandals, e.g., reputation TAC, ¶ 69 vermin"). ("pathetic defamatory Because the known have to 1353.181 anticipate may 51 46, opimon"). statements the Ex. the 452 of 41-42; nonactionable A.D.3d nature ("unscripted, signaled nonactionable these well these as of at pronouncements"); 156 id., is 14 any ("predator"); 182 The of known alerted 198; made factual which find who Geragos, A.D.3d further Ex. id., 8 in should 1®° See, made podcasts tone deemed are 1996) 7, statements affd, ... Geragos shows, as 2017), shows talk Mr. talk Ct. A.D.3d passionate at statements nonactionable); show listeners "apparent of programs, audience perspective" and (radio-talk an N.Y.2d A.D.3d the news that 86 Feb. Ct. conversational beliefs reasonable where Sandals, Sup. ... which "in and 79 assault."180 sexual 87 product "the Gentile, recognize courts of Richardson, but anything charges all v. consideration opinion." and structure into atmosphere (N.Y. Brian lawsuit. hyperbole," *3 be to take York very of at 1999) by 340 the or 763337, to New 51. "tone," "contentious" a demed strenuously and them "required at broadcasts radio of also has "context" understand context N.Y.2d 87 Luke "[Dr.] overall reader advocacy" Brian, that "[t]he made statements culture of Internet on social media communications 37 46 of 51 by are ... likewise has been nonactionable. characterized as INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 N.Y.S.3d at Dep't 2012) that [the talk show (affinning authorized or Christie's, Inc., "without [] Boutique of v. "the Kesha record is Eisele (7) Kesha did Kesha that not in have or rhetoric and rigorous true 87 Brian, personal allegation. a personal protected Facebook, a contentious Id. or Moreover, professional N.Y.2d at made Instagram, litigation the interest and and speakers' in in online of "at Here, the 3 of that on were audiences litigation. 38 47 of 51 is undisputed and (7) undisputed basis. See Goldstein 43, "New at well rather than 51 N.Y.S.3d at [i]s the "broader aware social emotional highly that not v. York each the 338-39. a disinterested statements defamatory the 14 "epithets, opimon, he Mr. that Those id. A.D.3d 86 "that allegedly controversy Kesha's it See on personal where pages, republication forums"-particularly signals the (no Pebe by Jacobus, outset," Fashion The matter." factual Twitter public of her or republication"). made. case the if occurred 2002) fact, Sandals, expressions author, 53-54. from Cir. made In his control"); statements. were they no v. only to she if LLC republication the style," statements the (2d 16-17. radio Partners, subject has ratified writing presentation where if statements supra dismissed "vigorous comprehensive especially be 14 See liability Eisele's before anything-goes hyperbole"-as observer." involved must Mr. directed C. (no or for statements the statements consistently nor and 59 when only relationship behalf 48, thought statements Fin. her F.3d responsible and Art. [defendant] 314 Inc., B and about whom Pebe's for Appendices a freewheeling, encouraging is liable authorized know even defamatory courts held neither identified allegedly on be cannot was author original (2010) over USA, or his 342 336, Fendi v. on party's See have MERITLESS. IS (prmcipal-agent 2009) act others by Inc. to N.Y.3d request, Hills, Dep't (1st another 15 Probst, or Short allow to authority unless liability That person 471 469, a third for (4th topics"). OF LIABILITY liable not murderer" newsworthy statements. defamatory allegedly A.D.3d be 1526-27 1525, would listener on debate can A.D.3d "cold-blooded THEORY a defendant law, the 58 Geraci control"); York "reasonable public for 94 Inc., plaintiff calling AGENCY-BASED directed one of a forum Commc'ns, because in statmg provided New Under judgment facts" was LUKE'S DR. Channel Clear v. sürarnary "generally "consent Gisel also defendant] IV. fiery see 340; appeared context" issue speaker of had a rape either INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 A.D.3d 150 Lipetz, Ciaravino failure v. to V. 570 Nat. Bulldog grant COURT FOR STATEMENTS Kesha's about (see Appx. Importers, Inc. v. while in THE VL F) King his 920 917, identified Luke's Dep't for earlier Dr. pled timely Luke's 83 184 185 Godesky See See Aff. Godesky id., Ex. in 711 the his and 3 Ex. Aff., 141 at 170 Dr. and no (reversing agents). NOT IS LIABLE longer that Dep't Those See basis. Tai made by 16 Hong Wing ("Admissions 1994) were statements claims defamatory.183 are that (2d by the FAVOR KESHA'S IN the 185 all see also Luke 3, is contrary See seeks to 2016, see attorney ON THE supra See 10 v. L) 35 Appx. as that the CPLR a matter 35 (Ms. 5. 17. 39 48 of 51 of Not statements Gardner Corma's v. liable for that Dr. 35 Luke nowhere appear in Dr. law. statements 203(f). 76 A, of A.D.3d Zaman, Kesha hold publication" of date statements-which defamatory law. "the (Cayman Inc. April from year time-barred allegedly York one Those pleadmgs. earlier at Yet, 18-are to 1; Meadows 2018.184 New Ex. de 4, supra black-letter runs 2014 10, May length at ¶ 215(3). argument allegations under on see only particularity Casa October pleadings, explamed on JUDGMENT defamation for CPLR time first previously Luke Dr. case that 2017) purported KESHA abuse 710, provided statement. between the A.D.2d ENTER limitations 2010); made statements 208 that the authority); ABUSE. emotional from dismissed a party, stated and verbal THAT LUKE'S DR. Dep't over control JUDGMENT counsel Corp., of (2d actual STATEMENTS. defamatory (1st be SHOULD of statute allegedly must 929-30 928, evidence agent's regarding capacity."). TIME-BARRED the Luke's agamst COURT The Dr. issue A.D.3d REGARDING Realty admissible actmg ENTER 2018, 15, statements are no Plaintiffs' October statements counsel where SHOULD triable 146 LLC, judgment summary (no 2017) Logistics, THE On Dep't (1st relate back so. As Kesha must be pleaded Alexander contemporaneous to the has Rent-A-Car, with Inc., reports). 28 INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 A.D.2d 667 667, "time, identify whether new a particular It Despite nowhere in Sunshme the were not previously new entirely 2014 14, be to relating litigation on Kesha's 27 he See supra and were 18. not dates is timely in on would not Kesha cannot be the be omitted on for at media and And hold to prior individuals Court. seekmg the quoted (i) identified; and followers Luke's Dr. numerous previously of 203(f). and Eisele, the defendant were: they govern identify the appear must (complaint standards CPLR made (iii) deliberately back Relation to not particular 1999) deprives Mr. the stringent proved." Geragos, Tnstagram that same statements, identified; made pleaded, privilege. Mr. Dep't audience do public by represented specifically or verba haec failure be these made statements. (1st pleadmg; statements of (iv) 40 The date, previously including affirmatively post-October to were alleged; audiences, pleadmgs required whom a prior time-barred (ii) in 34, occurrences...to notice pleadmgs; none Sachs, to medium, 35 Luke's Dr. earlier back [or] the state commumcation"). speaker, that to A.D.2d 261 the transactions undisputed is pleadings.186 earlier the of relate words, of "notice can "required ofN.Y., City manner statement defamatory required v. and place, (complaint 1967) Dillon words"); defamatory that Dep't (1st of notice outlets made (v) to Luke's Dr. Kesha liable claims that for were reasons strategic-litigation improper.187 therefore CONCLUSION For 186 above the Compare id., Exs. Applying the liberal 187 amendment proposed Dep't time avoid whether 2012); 2012), See barred. summary Godesky Russell, relate 203 enter leave partial Ex. Luke judgment summary Luke is must adduce 527, the now evidence LeBlanc 528 should McGhee that Dr. See amend hold to 151. back. A.D.2d to merit," of declined Aff., Dr. that devoid previously statements v. rule "palpably judgment, these Jolly is should Kesha. for 152. pleading Court the and 145 Court the reasons, v. (2nd Dep't 40 49 of 51 v. be granted Odell, 96 to raising a triable 1994). 103 He a much subject Skinner, A.D.3d has higher 202, not 450 449, issue A.D.3d the carned (1st were statements identified belatedly unless freely to standard; of 208 fact (2nd that as to Dep't burden. INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 Dated: New RECEIVED NYSCEF: 11/29/2018 October York, New 18, 2018 submitted, Respectfully York /s/ Leah Godesky & MYERS O'MELVENY Leah Godesky Times Tower Square 7 Times New Square New York, Phone: (212) Damel M. James M. Attorneys 41 50 of 51 10036 (pro Petrocelli Pearl of (pro hac the Stars, (310) for hac 8th 553-6700 Kesha Rose vice) vice) 90067 Califorma Angeles, Phone: York 326-2000 Avenue 1999 Los LLP Sebert Floor INDEX NO. 653118/2014 FILED: NEW YORK COUNTY CLERK 11/29/2018 07:28 PM NYSCEF DOC. NO. 1824 RECEIVED NYSCEF: 11/29/2018 Rule WordCount: because 2018 I certify the Court telephone that gave no Kesha Law Word Count certification a 40-page with conference word-count 17 limit Clerk for Michael Certification is her under required summary-judgment Rand, Esq. NYCRR 22 brief during is compliant brief This Rule § 202.70(g) an October because pages. Dated: October New 18, York, 2018 New /s/ Leah Godesky & MYERS O'MELVENY York Leah Godesky Time Square 7 Times New Phone: 51 of 51 Tower Square York, New (212)326-2000 York 10036 LLP 17, 16, it is 40