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- CONFIDENTIAL: PEBE SEBERT -

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
DAS COMMUNICATIONS, LTD., )
Plaintiff, )
-vs- ) NO. 650457/2010
KESHA ROSE SEBERT p/b/a KE$SHA, an )
individual, LUKASZ GOTTWALD p/k/a )
DR. LUKE, an individual, )
Defendants. )
X
DATE: October 18, 2011
TIME: 10:14 a.m.
CONFIDENTIAL VIDEOTAPED DEPOSITION OF PEBE
SEBERT, held at Proskauer Rose, 11 Times Square,
New York, New York, pursuant to Subpoena, before
Hope Menaker, a Shorthand Reporter and Notary
Public of the State of New York.
Elisa Dreier Reporting Corp. (212) 557-5558
950 Third Avenue, New York, NY 10022
Page 2
1

- CONFIDENTIAL: PEBE SEBERT -

2 APPEARANCES
3 FREUNDLICH LAW
4

Attorneys for Plaintiff

5

16133 Ventura Boulevard, Suite 1270

6

Encino, California 91436-2441

7

BY: KENNETH D. FREUNDLICH, ESQ.

8
9 PROSKAUER ROSE, LLP
10 Attorneys for Defendant, KESHA ROSE SEBERT
11 11 Times Square
12 New York, New York 10036-8299
13 BY: CHARLES B. ORTNER, ESQ.
14
15 MITCHELL, SILBERBERG & KNUPP, LLP
16 Attorneys for Defendant, LUKASZ GOTTWALD
17 12 East 49th Street, 30th Floor
18 New York, New York 10017-1028
19 BY: CHRISTINE LEPERA, ESQ.
20
21 ALSO PRESENT:
22 Lonnie Hamerman
23 Tom Krause, Videographer
24
25
Elisa Dreier Reporting Corp. (212) 557-5558
950 Third Avenue, New York, NY 10022
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2 MS. LEPERA: Yeah, compound. 12:08PM
3 CorrEct. 12:08PM
4 Q. Did you communicate that to Luke? 12:08PM
5 A. I did not communicate that to Luke. 12:08PM
6
Q.
Do you know if Kesha communicated 12:08PM
7 that to Luke? 12:08PM
8 A. I believe she did. 12:08PM
9
Q.
And do you know if Luke responded to 12:08PM
10 her in any way? 12:08PM
11 A. I don't know. 12:08PM
12
Q.
Were you told at any time before your 12:08PM
13 first meeting with DAS that Luke had slipped Kesha 12:09PM
14 a rufie and that she woke up in his bed in a hotel 12:09PM
15 room one morning? 12:09PM
16 MR. ORTNER: May I have that 12:09PM
17 question -- 12:09PM
18 MS. LEPERA: Yes. 12:09PM
19 MR. ORTNER: -- read back -- 12:09PM
20 MS. LEPERA: Exactly. 12:09PM
21 MR. ORTNER: -- very slowly and 12:09PM
22 clearly. 12:09PM
23 (Whereupon, a brief discussion was 12:09PM
24 held off record.) 12:09PM
25 MR. ORTNER: So the words were 12:09PM
Elisa Dreier Reporting Corp. (212) 557-5558
950 Third Avenue, New York, NY 10022
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- CONFIDENTIAL: PEBE SEBERT -

"slipped Kesha a rufie." Could you define

12:09PM

that?

12:09PM
4

Q.

Do you know what a rufie is? 12:09PM

A.

I think it's some date rape drug, 12:09PM

right?

12:09PM

Q.
Yeah. Before that first meeting

12:09PM

with -- with David, had anyone told you that

12:09PM

Gottwald had slipped Kesha a date rape drug?

12:10PM

10

A. No. 12:10PM

11

Q.
Did anyone ever tell you that at any 12:10PM

12 time?

12:10PM

13

A. No. 12:10PM

14

Q.
Were you ever told at any time prior 12:10PM

15

to when you met with David for the first time that 12:10PM

16 Luke had had a sexual relationship of any kind

12:10PM

17 with your daughter?

12:10PM

18

A. No. 12:10PM

19

Q.
Are you aware of whether he had had 12:10PM

20 any kind of sexual relationship with your daughter 12:10PM

21 prior to the time you met with DAS at the Chateau 12:10PM

22 Marmont? 12:10PM

23 A. I don't believe there was, no. 12:10PM

24
Q.
Were you told at any time prior to 12:10PM

25 the meeting with DAS at the Chateau Marmont that 12:10PM

Elisa Dreier Reporting Corp. (212) 557-5558
950 Third Avenue, New York, NY 10022
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2 Luke had given your daughter drugs of any kind? 12:10PM
3 A. No. 12:11PM
4
Q.
Were you told at any time prior to 12:11PM
5 your meeting with DAS that Luke had taken drugs 12:11PM
6 himself in front of Kesha? 12:11PM
7 A. I don't remember. 12:11PM
8 MS. LEPERA: For the record, I would 12:11PM
9 like this entire transcript designated 12:11PM
10 confidential. I don't believe we did that at 12:11PM
11 the intro of the session. 12:11PM
12 MR. ORTNER: I agree. 12:11PM
13 MS. LEPERA: Under the stipulation 12:11PM
14 and Protective Order. 12:11PM
15 MR. ORTNER: Same. 12:11PM
16
Q.
Take a look at Exhibit 88, please. 12:11PM
17 MR. ORTNER: Are you done with -- 12:12PM
18 MR. FREUNDLICH: Yeah. 12:12PM
19 MR. ORTNER: Exhibit 88. 12:12PM
20
Q.
This is an e-mail from you to David 12:12PM
21 dated January 17, 2008. 12:12PM
22 MR. ORTNER: Hold on, please. Okay. 12:12PM
23 Just to be clear, this is Exhibit 88 which 12:13PM
24 deals with a time frame years after the 12:13PM
25 Chateau Marmont meeting. 12:13PM
Elisa Dreier Reporting Corp. (212) 557-5558
950 Third Avenue, New York, NY 10022
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2 Rudolph, which did mean David Sonenberg would
3 included -- would be included in everybody else.
4 Q. Okay. And then you write, "What
5 about the other issues (coke, drugs) ?"
6 What did you mean by "coke," the
7 reference to coke there?
03:03PM
03:03PM
03:03PM
03:03PM
03:03PM
03:03PM
8

A. I meant the things that David had 03:03PM

9

said about Luke that were very unattractive about 03:03PM

10

his -- his personal life prior to the time we knew 03:03PM

11

him -- or, I mean, he didn't specify if it was 03:03PM

12

prior or current, but it was not the type of 03:03PM

13

situation I wanted my young daughter in. 03:03PM

14

Q.
And what about the drugs, same thing? 03:03PM
15

A. Same thing. 03:03PM

16

Q.
And you never heard anything about 03:03PM
17

the coke and drugs from your daughter? 03:03PM

18

A. No. 03:04PM
19

Q. And when you say, "I can't continue 03:04PM

20

to subsidize her now," what did you mean by that? 03:04PM

21

A. I was paying all her bills. 03:04PM

22

Q. And was it -- was money tight? 03:04PM

23

A. Yes. 03:04PM
24

Q. Now let's go back for a moment to the 03:04PM

25

time when you paid the retainer to Mr. Clarick, 03:05PM

Elisa Dreier Reporting Corp. (212) 557-5558
950 Third Avenue, New York, NY 10022