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653118/2014
NYSCEF DOC. NO. 702 RECEIVED NYSCEF: 02/21/2017

SUPREME COURT FOR THE STATE OF NEW YORK

COUNTY OF NEW YORK
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LUKASZ GOTTWALD p/k/a DR. LUKE, KASZ :
MONEY, INC., and PRESCRIPTION SONGS, LLC, : Index No. 653118/2014
:
Plaintiffs, : Motion Seq. No. 27
:
-against- :
:
KESHA ROSE SEBERT p/k/a KESHA, :
:
Defendant. :
:
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SUPPLEMENTAL AFFIRMATION OF JEFFREY M. MOVIT IN SUPPORT OF

PLAINTIFFS SUR-REPLY IN FURTHER OPPOSITION TO KESHA ROSE SEBERTS
MOTION FOR LEAVE TO AMEND HER FIRST AMENDED COUNTERCLAIMS

JEFFREY M. MOVIT, an attorney duly admitted to practice law before the Courts of the State of

New York, affirms under penalty of perjury pursuant to CPLR 2106 as follows:

1. I am a partner, through my professional corporation, of the law firm of Mitchell

Silberberg & Knupp LLP, counsel to Plaintiffs Lukasz Gottwald, p/k/a Dr. Luke (Gottwald),

Kasz Money, Inc. (KMI) and Prescription Songs, LLC (Prescription Songs) (together,

Plaintiffs). I am admitted to practice law before the Courts of the State of New York.

2. I submit this Supplemental Affirmation in support of Plaintiffs Sur-Reply in

further opposition to the Motion of Defendant Kesha Rose Sebert (Kesha or Defendant) for

Leave to Amend Her First Amended Counterclaims.

A. Orders Granting Permission to File the Sur-Reply and Exhibits Thereto

3. Attached hereto as Exhibit 22 is a true and correct copy of this Courts

Compliance Conference Order dated February 16, 2017. This Order states, inter alia, that

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Gottwald may file said sur-reply of not more than five pages in response to evidence offered for

the first time in reply by Kesha in support of said motion, as well as to respond to Keshas public

policy argument that California Labor Code Section 2855(a) trumps the NY choice of law

provisions in the KMI and Prescription contracts.

4. Attached hereto as Exhibit 23 is a true and correct copy of this Courts Interim

Order dated February 17, 2017, which states, inter alia, that: Plaintiffs may submit all of the

proposed exhibits, that were emailed to the court on 2/16/17, as proposed exhibits to their sur-

reply papers. The court cannot make a finding of good cause for sealing them. 22 NYCRR

216.1(a). Exhibits 24 through 33 to this Affirmation are all documents that were emailed to the

Court by the undersigned on February 16, 2017, and referenced in the Interim Order. Email

addresses have been redacted from these Exhibits.

B. Emails Which Refute Defendants False Factual Assertions Regarding

Purported Abuse

5. Attached hereto as Exhibit 24 is a true and correct copy of an email chain dated

March 12, 2012 between Keshas personal assistant Tessa Schonder and her manager Monica

Cornia, discussing a meal plan for Kesha, which was produced by Defendants counsel in

discovery with the Bates numbers VECTOR0114088 through VECTOR0114090.

6. Attached hereto as Exhibit 25 is a true and correct copy of an email chain dated

July 9, 2015 between Ms. Schonder and Keshas manager Nicki Loranger, which was produced

by Defendants counsel in discovery with the Bates numbers VECTOR0199496 through

VECTOR0199497, stating, inter alia: must get her [i.e., Kesha] working out again, sticking to a

meal plan, discussing with her nutritionist the best ways to discuss weight gain or possibly her

returning to rehab for a Tune up.

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7. Attached hereto as Exhibit 26 is a true and correct copy of an email from

Gottwald to Kesha dated January 29, 2010, which was produced by Plaintiffs in discovery with

the Bates number PLTS016085. In the email, Gottwald stated, inter alia, that Kesha looked

radiant and beautiful and that Im proud of you and love you very much!

8. Attached hereto as Exhibit 27 is a true and correct copy of an email chain

between Keshas managers Jack Rovner and Ken Levitan dated November 26 and 27, 2009,

asserting complaints about Defendant, which was produced by Defendant in discovery with the

Bates numbers VECTOR0244754 through VECTOR0244756.

9. Attached hereto as Exhibit 28 is a true and correct copy of an email chain

between Keshas managers Emily Burton, Ken Levitan, Jack Rovner and Nicki Loranger dated

May 31, 2010, which was produced by Defendant in discovery with the Bates number

VECTOR0236200. In the email chain, Ms. Burton refers to Defendant as, inter alia, abusive.

10. Attached hereto as Exhibit 29 is a true and correct copy of an email chain

between, inter alia, Mr. Rovner and Mr. Levitan dated June 20, 2010, asserting complaints about

Defendant, which was produced by Defendant in discovery with the Bates number

VECTOR0239606.

11. Attached hereto as Exhibit 30 is a true and correct copy of an email chain

between, inter alia, Mr. Rovner and Mr. Levitan dated July 5 and 6, 2010, asserting complaints

about Defendant, which was produced by Defendant in discovery with the Bates number

VECTOR0236655.

12. Attached hereto as Exhibit 31 is a true and correct copy of an email chain

between Mr. Rovner and Mr. Levitan dated December 18, 2012, asserting complaints about

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Defendant, which was produced by Defendant in discovery with the Bates number

VECTOR0012496.

13. Attached hereto as Exhibit 32 is a true and correct copy of an email from Ms.

Loranger to Mr. Rovner dated June 17, 2016, asserting complaints about Defendant, which was

produced by Defendant in discovery with the Bates number VECTOR0192896.

14. Attached hereto as Exhibit 33 is true and correct copy of an email chain between

Mr. Rovner and Ms. Loranger dated July 6 and 7, 2016, asserting complaints about Defendant,

which was produced by Defendant in discovery with the Bates numbers VECTOR0003902

through VECTOR0003904.

C. Document Refuting Defendants False Assertions Regarding the Lyrics of the

Song Crazy Kids

15. Attached hereto as Exhibit 34 is a true and correct copy of an email chain

between Gottwald and a third-party dated June 1, 2012.

D. Document Refuting Defendants Incorrect Arguments Regarding This

Actions California and New York Contacts

16. Attached hereto as Exhibit 35 is a true and correct copy of the album booklet for

Defendants album Warrior.

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DATED: New York, New York MITCHELL SILBERBERG & KNUPP LLP
February 21, 2017

By: /s/ Jeffrey M. Movit

Jeffrey M. Movit
12 East 49th Street, 30th Floor
New York, New York 10017-1028
Tel: (212) 509-3900; Fax: (212) 509-7239

Attorneys for Lukasz Gottwald p/k/a Dr.

Luke, Kasz Money, Inc. and Prescription
Songs, LLC

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