Attorney(s) for Plaintiff(s)

Office and Post Office Address:

12 East 49th Street, 30th Floor
New York, New York 10017
Telephone No: (212) 509-3900
(Plaintiffs attorney must sign above dtype n
Christine Lepera
MITCHELL SILBERBERG & ICNUPP LLP
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LUKASZ GOTTWALD p/k/a DR. LUKE, and KASZ
MONEY, INC., a corporation,
Plaintiff(s)
-against-
KESHA ROSE SEBERT p/k/a KESHA, PEBE SEBERT,
VECTOR MANAGEMENT, LLC, and JACK ROVNER,
Defendant(s)
Index No.
SUMMONS
Designated county of trial:
New York
The basis of the venue
designated is: contractual agreement;
C.P.L.R. 503
Plaintiff's address (if venue based
on residence of plaintiff):
Date Summons filed with the
clerk of the court: October 14, 2014
To the above named defendant(s):
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney, at
the address stated below, an answer to the attached complaint within twenty (20) days after the
service of this summons, exclusive of the day of service, or within thirty (30) days after service
is complete if this summons was not personally delivered to you within the State of New York;
upon your failure to answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: October 14, 2014
American LegalNet, Inc.
vove.v.FormsWorkflow.com
8945.3/41770-00008
INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/14/2014
SUPREME COURT FOR THE STATE OF NEW YORK
COUNTY OF NEW YORK
LUKASZ GOTTWALD p/k/a DR. LUKE, and KASZ
MONEY, INC., a corporation,

: Index No.
Plaintiffs,

; COMPLAINT
-against-
: Jury Trial Demanded
KESHA ROSE SEBERT p/k/a KESHA, PEBE SEBERT, :
VECTOR MANAGEMENT, LLC, and JACK ROVNER, :
Defendants.
Plaintiffs Lukasz Gottwald p/k/a Dr. Luke ("Gottwald") and Kasz Money, Inc. ("KMI"
and collectively with Gottwald, "Plaintiffs"), by and through their undersigned attorneys, as and
for their Complaint against Defendants Kesha Rose Sebert p/k/a Kesha ("Kesha"), Pebe Sebert
("Pebe"), Vector Management, LLC ("Vector"), and Jack Rovner ("Rovner" and collectively
with Kesha, Pebe, and Vector, "Defendants"), allege as follows:
PRELIMINARY STATEMENT
1. This case arises out the artist Kesha's repudiation of her longstanding exclusive
recording agreement with Lukasz Gottwald, a well-renowned music producer. In 2005,
Gottwald discovered Kesha who at the time was completely unknown and signed her to a
record deal. He proceeded to devote significant time and effort into her career, ultimately
turning her into the prominent platinum-selling artist that she is today.
2. In the last year, Kesha, her mother Pebe, and her newly hired management
company Vector Management, LLC, have sought to have Kesha break her agreement with
Gottwald. In violation of her agreement with Gottwald, Kesha has, among other things, refused
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to comply with her ongoing obligations to deliver sound recordings to Gottwald, or to allow
Gottwald to produce her work.
3. As part of her repudiation of her contract with Gottwald, Kesha and Pebe have
also resorted to a campaign of publishing defamatory statements against Gottwald, to numerous
third parties. These defamatory statements contain lurid allegations of physical and mental abuse
of Kesha allegations that Kesha and Pebe have themselves admitted are false. Kesha and her
mother Pebe have wielded these defamatory statements in an attempt to extort Gottwald into
releasing Kesha from the exclusive recording agreement.
4. Defendants' injurious conduct should not be countenanced. Gottwald has upheld
his end of the bargain, devoting the better part of a decade to transforming Kesha from an
unknown entity into a well-known recording star. Kesha's repudiation of this contractual
relationship, and her and her mother's ongoing campaign to extort a release by tarnishing
Gottwald's reputation, has caused damage to Gottwald as alleged herein.
PARTIES
5. Lukasz Gottwald is a New York resident.
6. Kasz Money, Inc. is incorporated in New York.
7. Upon information and belief, Kesha Rose Sebert is a California resident who is a
singer-songwriter engaged in the business of creating music for distribution nationwide and in
New York.
8. Upon information and belief, Kesha's mother, Pebe Sebert, is a California
resident who is also a singer-songwriter and has co-written various.of Kesha's songs (including
"Animal" and "Cannibal"). Pebe is accordingly engaged in the business of creating music for
distribution nationwide and in New York.
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9. Upon information and belief, Vector Management, LLC is incorporated in
Delaware and is authorized to do business in, and maintains an office in, New York.
10. Upon information and belief, Jack Rovner is the president of Vector and both
resides in, and does business in, New York.
JURISDICTION AND VENUE
11. This Court has personal jurisdiction over Vector and Rovner, both of whom are
domiciled in New York, pursuant to New York Civil Practice Law and Rules 301.
12. This Court has personal jurisdiction over all Defendants pursuant to New York
Civil Practice Law and Rules 301 and 302 because they are transacting business in the State
of New York, have engaged in acts in violation of Plaintiffs' rights in the State of New York,
and/or have been and are causing injury to Plaintiffs in the State of New York.
13. Venue is proper in the County of New York pursuant to the agreement between
Kesha and Gottwald/KMI, which provides for sole jurisdiction in New York for any
controversies regarding the agreement.
14. Venue is also proper in the County of New York pursuant to New York Civil
Practice Law and Rules 503.
STATEMENT OF FACTS
A. Gottwald Discovers Kesha, Signs Her to an Exclusive Recording Deal, and
Brings Her to Prominence
15. Gottwald who is professionally known as "Dr. Luke" is a Grammy-nominated
songwriter and producer of smash hit musical recordings by artists including Katy Perry, Britney
Spears, and Kelly Clarkson, among others. Gottwald has written the most Number One songs of
any songwriter ever. He was named by Billboard as one of the top ten producers of the decade in
2009 and the Producer and Songwriter of the Year for 2010, and was the 2010 ASCAP
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Songwriter of the Year. Gottwald is also the principal and owner of Kasz Money, Inc. ("KMI"),
his solely owned corporation. KMI furnishes the services of certain individuals in the
entertainment industry.
16. In or about 2005, Gottwald discovered an unknown and unsigned musical artist
named Kesha Rose Sebert when he listened to her "demo" tape. Recognizing her potential,
Gottwald called Kesha at her home in Nashville, Tennessee and expressed interest in working
with her. Kesha, in turn, was excited to be provided with an opportunity to work with Gottwald
and record his songs. Thus, the parties' working relationship began.
17. In order to further their working relationship, Kesha entered into an exclusive
recording agreement with Gottwald's company KMI, effective as of September 26, 2005 (the
"Gottwald Recording Agreement"). Under the terms of the Gottwald Recording Agreement,
Kesha agreed, among other things, that (a) she would provide her exclusive recording services to
KMI for a specified term, which at ICMI's election could be extended through the release of
Kesha's sixth album; (b) Gottwald would be engaged to provide production services for at least
six recordings on each Kesha album; and (c) Gottwald would be provided with a specified
percentage of the sales of each such recording he produced. Under the Gottwald Recording
Agreement, Gottwald is expressly intended as a third-party beneficiary of the agreement. Kesha
and KMI executed multiple amendments to the Gottwald Recording Agreement in 2008 and
2009, continuing their working relationship. In 2009, KMI also negotiated and executed an
agreement with the RCA/JIVE record label to promote Kesha's recordings.
18. Plaintiffs produced and promoted Kesha's debut album for ICMI entitled Animal
and follow-up EP for KMI entitled Cannibal, both of which were released in 2010. Both of
these works feature extensive songwriting and production contributions from Gottwald, have
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sold millions of copies worldwide, and have spawned numerous Number 1 singles, including
"Tik Tok" and "We R Who We R." Gottwald put substantial energy into taking Kesha a
previously unknown singer and transforming her into the well-known artist that she now is.
B. Kesha Enters Into a Management Agreement with Vector and Repudiates
the Gottwald Recording Agreement
19. In or around 2013, Kesha hired a firm, Vector Management LLC, to serve as her
manager.
20. Upon information and belief, Vector and its president Rovner have sought to
influence Kesha and have her break her agreement with Gottwald and KMI. Upon information
and belief, Vector and Rovner believe that if Kesha broke her exclusive recording agreement
with Gottwald and KMI, Vector and Rovner would stand to gain a larger share of any profits to
be derived from Kesha's future records.
21. Pebe, as Kesha's mother, has also taken an active interest and role in her
daughter's music career. Upon information and belief, Pebe discussed with Kesha the prospect
of enlisting Vector as her manager, and ultimately breaking her agreement with Gottwald and
KMI.
22.
After Kesha signed with Vector, Kesha began trying to get out of the Gottwald
Recording Agreement and otherwise took acts to repudiate it. In violation of the Gottwald
Recording Agreement, Kesha has stopped delivering sound recordings to Gottwald and has
refused to allow Gottwald to produce her work, among other things. Upon information and
belief, Kesha's repudiation of the Gottwald Recording Agreement occurred at least in part under
the direction and influence of Pebe and/or Vector and Rovner.
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C. Kesha and Pebe Use a Campaign of False Accusations Against Gottwald to
Extort Plaintiffs Into Letting Kesha Out of the Gottwald Recording
Agreement
23. As part of the effort to get out of the Gottwald Recording Agreement, Kesha and
Pebe have also orchestrated a campaign of publishing false and shocking accusations against
Gottwald to extort Plaintiffs into letting Kesha out of the Gottwald Recording Agreement.
24. On October 29 and 30, 2013, Pebe emailed Gottwald's attorney. On December
30, 2013, Pebe also transmitted a letter to Gottwald and his representatives and various other
third parties. In these communications, Pebe claimed, among other things, that "Dr. Luke abused
Kesha, both physically and mentally," and "called her 'NOTHING WITHOUT HIM'''. Pebe
also called Gottwald and his representatives "fucking criminals." Pebe also indicated that she
was "sending all of this [i.e., her accusations about Gottwald]" to a blogger who started a "Free
Kesha" website. All of these accusations above are false. Indeed, Pebe and Kesha know these
accusations are false.
25. Despite the patent falsity of these accusations, Pebe has made clear that extortion
is the ultimate goal of this defamatory campaign. In communications with Gottwald and his
representatives, Pebe has threatened to further disseminate accusations of the type above unless
Gottwald makes substantial business concessions and lets Kesha out of the Gottwald Recording
Agreement. Pebe has also had Kesha terminate her attorneys and hire new ones, who have
threatened to sue Gottwald and KMI over various meritless claims unless Plaintiffs agree to
release Kesha from the Gottwald Recording Agreement.
26. Upon information and belief, Pebe and Kesha have discussed and thus
published these accusations about Gottwald to one another. Upon information and belief,
Kesha is the source of these allegations that Pebe has more broadly disseminated to third parties.
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27. Thereafter, in the Summer of 2014, attorneys representing Kesha showed a third
party with whom Gottwald does business and who has business interests in Kesha's music a
purported "draft complaint" against Gottwald which contained false and scurrilous accusations
against Gottwald of, among other things, purported physical abuse of Kesha. Even more
shockingly, the "draft complaint" contained many false and scandalous accusations regarding
Gottwald which had nothing to do with his dealings with Kesha. In a blatant act of extortion,
Kesha's attorneys informed the third party that if Gottwald did not agree to let Kesha out of her
recording agreement, they would file the "draft complaint", thereby tarnishing Gottvvald's
reputation. Obviously cognizant of the unlawful nature of this conduct, Kesha's attorneys
refused to let the third party retain a copy of the "draft complaint", and refused to allow Gottwald
or his representatives to even look at it.
COUNT I
(Defamation Against Kesha and Pebe, Alleged on Behalf of Gottwald)
28. Plaintiffs restate and incorporate by reference the allegations contained in
paragraphs 1 through 27 as if fully stated herein.
29. The statements that Kesha and Pebe made concerning Gottwald, as detailed
above, are false.
30. The false statements that Kesha and Pebe made concerning Gottwald were
published to various third parties.
31. In making these false statements, Kesha and Pebe acted with wanton dishonesty
such that punitive damages are warranted. Kesha and Pebe have also acted with malice.
32. The statements about Gottwald have injured, and were made with an intent to
injure, Gottwald's reputation in his business as a music producer that works closely with various
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singer-songwriters. As a result, Kesha's and Pebe's conduct rises to the level of defamation per
se, and no proof of special harm or damages is necessary.
33. To the extent proof of special harm or damages is necessary, as a proximate cause
of Pebe and Kesha's defamatory statements, Gottwald has suffered special damages to his
reputation, and to his existing and potential business relationships with other artists and record
labels in an amount to be proven at trial, plus interest.
COUNT II
(Breach of Contract Against Kesha, Alleged on Behalf of Gottwald and KMI)
34. Plaintiffs restate and incorporate by reference the allegations continued in
paragraphs 1 through 33 as if fully stated herein.
35. The Gottwald Recording Agreement and its subsequent 2008 and 2009
amendments are a valid contract between Kesha, on the one hand, and KMI and Gottwald, on the
other hand. Gottwald is expressly intended as a third party beneficiary of the Gottwald
Recording Agreement.
36. KMI and Gottwald have fully performed their obligations under the Gottwald
Recording Agreement.
37. Kesha has repudiated the Gottwald Recording Agreement. In violation of the
terms of the Gottwald Recording Agreement, Kesha has refused to comply with her ongoing
obligations to deliver sound recordings to Gottwald, or to allow Gottwald to produce her work.
38. Because of Kesha's breach of contract, Gottwald and KMI are entitled to
compensatory damages (including expectation damages and consequential damages) in an
amount to be proven at trial, plus interest.
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COUNT III
(Tortious Interference with Contractual Relations Against Pebe, Vector, and Rovner,
Alleged on Behalf of Gottwald and ICMI)
39. Plaintiffs restate and incorporate by reference the allegations contained in
paragraphs 1 through 38 above as if fully stated herein.
40. The Gottwald Recording Agreement and its subsequent 2008 and 2009
amendments are a valid contract between Kesha, on the one hand, and KMI and Gottwald, on the
other hand. Gottwald is expressly intended as a third party beneficiary of the Gottwald
Recording Agreement.
41. Pebe, Vector, and Rovner have knowledge of the Gottwald Recording Agreement.
42. Pebe, Vector, and Rovner have each intentionally interfered with Gottwald and
KMI's contractual relationship with Kesha. Each has advised and/or cajoled Kesha into
repudiating the Gottwald Recording Agreement and otherwise refusing to perform under that
agreement.
43. As a result of Pebe, Vector, and Rovner's interference with Gottwald and KMI's
contractual relationship with Kesha, Kesha has in fact repudiated the Gottwald Recording
Agreement and has otherwise refused to perform under that agreement. But for this wrongful
conduct, Kesha would not have breached the Gottwald Recording Agreement.
44. As a proximate cause of Kesha's repudiation and breach of the Gottwald
Recording Agreement, Gottwald and KMI have suffered damages in an amount to be proven at
trial, plus interest.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray that the Court grant them relief as follows:
1. On the first cause of action, direct, special, and/or punitive damages to Gottwald
in an amount to be determined at trial.
2. On the second and third causes of action, compensatory damages in an amount to
be determined at trial.
3. That the Court award Plaintiffs pre-judgment interest, attorneys' fees and costs,
and such other and further relief as this Court deems proper.
DEMAND FOR JURY TRIAL
Plaintiffs demand trial by jury of all claims so triable.
DATED: New York, New York MITCHELL SILBERBERG & KNUPP LLP
October 14, 2014
By:
Christine Lepera
Jeffrey M. Movit
12 East 49th Street, 30th Floor
New York, New York 10017-1028
Telephone: (212) 509-3900
Facsimile: (212) 509-7239
Attorneys for Plaintiffs
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