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TomTom

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BREAKING:

 

After months of inactivity, Dr. Luke's lawyer uploaded a stipulation that reveals Dr. Luke wants to file a supplemental motion in limine to preclude Kesha from introducing documents related to the DAS litigation at trial.

 

The motion will be fully briefed by September and will be decided alongside the other remaining motions in limine at the second pre-trial conference on October 7.

 

Up until now, Dr. Luke's lawyers did not want to exclude any documents related to the DAS litigation from trial, which makes his already voluminous list of outstanding motions in limine even bigger.

 

 

 


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https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=Woj/FmQm0Yh7tCTVMxTwog==

Edited by TomTom2288
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56 minutes ago, bearman said:

The picture is in Finneas’ home/studio. :cupid:

dunno how i feel about her working with Finneas. High key want the potential hip hop influenced songs she was recording wearing the ski-mask and being gagged and bound

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On 7/12/2022 at 12:14 AM, TomTom2288 said:

Since the court will probably decide both of Kesha's appeals together, after the briefing of her second recent appeal is completed - which most likely will not be before November this year or 2023 - Chief Judge DiFiore's retirement directly affects the outcome of Kesha's appeals.

UPDATE:

 

The briefing schedule of Kesha's appeal has been updated in the Court of Appeals database and Kesha's reply brief is due on October 28, meaning my prediction above was correct and we could get oral argument on both of her appeals either in November or in 2023.

 

I don't think there's going to be a new Chief Judge appointed by November though.

 

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Guys, I just made a huge discovery...I just found out that we have the first volume of Kesha's 2011 deposition since last October.

 

It's buried among the hundreds of motion in limine documents that were uploaded on one day and I overlooked it all this time :rip:

 

Link: https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=9YkomWpCB3W57Da5FIaCwg==

 

Here's the summary of everything new:

 

1. Kesha called her alleged father Bob Chamberlain a "friend" during her 2011 deposition and gave a very cryptic answer to the question whether she still knows him which fits to the fact that her lawyers wanted to exclude everything related to her paternity from trial.

 

 

 


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2. Kesha and the Gold Trans Am go way back.

 

 

 


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3. Dr. Luke was the one who approached Kesha, not the other way around and the court reporter is apparently not familiar with Kelly Clarkson.

 

 

 


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4. Consistent with David Sonenberg's 2011 deposition, Kesha also admitted that Luke introduced her to Larry Rudolph as potential manager.

 

 

 


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5. There's a key moment where Kesha changes her prior testimony in the middle of the deposition. At first, she testified that Dr. Luke never blackmailed her to sign with Larry Rudolph and later she corrects that to say she "can't recall" whether he ever did that. This might seem like a small detail, but I think it tells a lot given that we know she could not speak freely during this deposition and "I can't recall" is technically not a lie, unlike "No".

 

 

 


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6. There's another instance similar to that one where Kesha gets asked about whether Dr. Luke prohibited her to sign with David Sonenberg. At first, Kesha says "No", but a few seconds later, she says "not to my recollection, no". Again, a small detail, but I think it says a lot about how she tried to avoid direct lies as much as she could (apart from denying that Luke raped her).

 

 

 


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7. There's a passage that is VERY eerie in hindsight where Kesha says she was afraid Larry Rudolph would be a bad manager for her because he also managed Britney Spears and Britney Spears had also worked with Dr. Luke.

 

 

 


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8. Kesha discussed the "shitty points" of the KMI contract with her former lawyer Barry Perlman which she - again - does not outright deny, but rather "doesn't remember".

 

 

 


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9. Kesha admitted she was "dissatisfied" with Luke because he would just ignore her instead of recording songs with her which we know is true.

 

 

 


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10. She already talked back in 2011 about the romantic interaction on a plane she had with Luke that is also mentioned in her California complaint.

 

 

 


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11. Even though Kesha denied Luke raped her in that deposition, she DID admit that they slept in the same hotel room and - remarkably - that they slept in the same bed. This is very critical because Dr. Luke to this day still denies they slept in the same bed in the night of the rape, he still maintains that he slept on the couch.

 

 

 


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12. Kesha openly testified that Dr. Luke had "manipulation skills" which I find very remarkable given that she was in a joint-defense agreement with Luke at the time of this deposition.

 

 

 


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13. Kesha makes a very significant allusion by saying there was "an issue" between the KMI contract and the Warner deal David Sonenberg negotiated for her. She's clearly referring to the fact that Luke did not approve of the Warner deal and forced her to return to him without being able to explicitly say it like that.

 

 

 


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14. Kesha painted a narrative of David Sonenberg being some sort of villain that manipulated her into believing Dr. Luke was evil and who broke his promises. This directly contradicts David Sonenberg's deposition and I'm sure Luke told her to say these things because today, Luke uses the exact same narrative to question David Sonenberg's credibility.

 

 

 


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15. Kesha mentioned all the producers she worked together with during her time with David Sonenberg.

 

 

 


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16. Kesha says she got paid for her background vocals on "Nothing In This World" which is kinda ironic since Luke never paid her for Timber.

 

 

 


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17. Kesha shot a "rough video" for "**** Him He's A DJ".

 

 

 


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18. Apparently there were discussions about Kesha opening for Calvin Harris while she was still with DAS.

 

 

 


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Edited by TomTom2288
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On 7/30/2022 at 4:01 AM, TomTom2288 said:

BREAKING:

 

After months of inactivity, Dr. Luke's lawyer uploaded a stipulation that reveals Dr. Luke wants to file a supplemental motion in limine to preclude Kesha from introducing documents related to the DAS litigation at trial.

Luke's opening brief is out.

He wants to preclude Kesha from using at trial:

In the Kesha e-mail, she writes that Luke is offering her to sign with Warner while simultaneously still being signed to KMI or that he might release Kesha from the KMI contract in the alternative if her attorneys told her it was a bad contract. She says Luke would consider settlement with her once he sees the Warner deal in writing, however, he does not recommend her signing with Warner because they have not been successful in a long time.

 

In the Pebe e-mail, she asks Fred Goldring (Kesha's former lawyer) if "the KMI contract would hold up if we sued Luke". She writes that "Luke has convinced Kesha that he can tie her up forever" and that "Luke said he will tie her up in a lawsuit, so that nobody will ever touch her". She asks if Luke and Kara DioGuardi can find a compromise to let Kesha out of the KMI contract, even if it's a bad one. This corroborates David Sonenberg's deposition regarding the 2008 settlement attempt and Pebe being desperate for Kesha to settle with Luke.

 

Luke wants to preclude these documents on the grounds that Kesha apparently did not produce them in discovery and only included them on a "supplemental exhibit list" last September, so it would be prejudicial for him if Kesha introduced those at trial. He says they should be precluded for the same reason the Manatt Notes got precluded.

 

Additionally, he says there was a "non-use agreement" between him and Kesha in the DAS lawsuit that nobody would use these documents in another litigation.

 

I'm afraid he will win this because he was already successful once with this reasoning with the Manatt Notes, unless Kesha comes up with some convincing arguments why this is radically different from the Manatt Notes situation.

Edited by TomTom2288
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They spent years sleeping with almost 0 meaningful exhibits while he produced even the birthday cards :rip:

Edited by Recycled stardust
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6 minutes ago, Recycled stardust said:

They spent years sleeping with almost 0 meaninful exhibits while he produced even the birthday cards :rip:

I know, it's weird :rip:

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On 8/4/2022 at 10:26 AM, TomTom2288 said:

Guys, I just made a huge discovery...I just found out that we have the first volume of Kesha's 2011 deposition since last October.

 

UPDATE:

 

I found the second volume too!

 

Link: https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=IAed2lAPTxURxVmG_PLUS_P5k6Q==

 

Summary:

 

19. Kesha testified that both Dr. Luke AND Max Martin indirectly made her clear that she wasn't special to them because they could work with "many other artists".

 

 

 


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20. Additionally, Kesha testified that both Dr. Luke AND Max Martin "strongly encouraged" her to sign with Larry Rudolph, not just Dr. Luke, and that she perceived this behavior as illegal pressure.

 

 

 


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21.  Kesha testified that she did not want to work with Dr. Luke anymore by late 2005, consistent with David Sonenberg's deposition.

 

 

 


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22. Just like in the first volume of this deposition, Kesha continues to paint a picture of David Sonenberg being some sort villain that tricked her into hating Dr. Luke while actually not caring about her. I'm pretty sure she was heavily accommodating Luke in these parts, same as where she denied the rape. Interestingly, she accused David Sonenberg of doing the same things to her that she later accused Luke of (degrading her weight and putting her career on hold) which may or may not be a hidden allusion to Dr. Luke.

 

 

 


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23. The infamous 2005 letter from Kesha's then-counsel where they declared the KMI contract void and unenforceable due to unspecified "unethical conduct/misconduct" from Dr. Luke was already a topic during this deposition (which Kesha unsurprisingly denies to refer to the rape).

 

 

 


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24. Kesha reveals that Katy Perry asked her to star in the IKAG music video because "she knew I needed money".

 

 

 


 

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25.  Just like in the first volume of this deposition, Kesha says she "can't remember" most of the juicy things regarding Luke's behavior towards her instead of denying them.

 

 

 


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26. The 2008 e-mails from Kesha and Pebe that Luke now wants to exclude from trial were also already a topic in this deposition.

 

 

 


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27.  Kesha interacted with Katy Perry's A&R Chris Anokute many times which makes the fact that he defended Luke in a puff piece not long ago even more disturbing.

 

 

 


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28. Craig Kallman, then newly-appointed CEO of Atlantic Records, was one of the CEOs Luke put Kesha in touch with to sign her (apart from Jason Flom and Barry Weiss which we already know from David Sonenberg's deposition).

 

 

 


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29. Kesha testified that Pebe did not approve of "her decision" to fire David Sonenberg which can be seen as an allusion to the fact that it was in fact not "her decision", as we now know.

 

 

 


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30. Two people called Cybil Hall and Phoenix Stone repeatedly come up in the deposition as people involved in Kesha's career, one of whom was subpoenaed in the DAS case. I don't know who those people are and couldn't find any information about them.

 

 

 


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31. Kesha used to work with Michele Vice.

 

 

 


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32. Perhaps the most significant aspect of the deposition is that Kesha confirms that Dr. Luke did threaten to "tie her up in litigation" if she would attempt to get rid of him, corroborating David Sonenberg's deposition and notwithstanding that she was under threat during this deposition.

 

 

 


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Edited by TomTom2288
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BREAKING:

 

Christine has filed a new letter to the trial court regarding Kesha's pending appeals at New York's highest court, stating that:

  • New York's highest court has confirmed that both of Kesha's pending appeals will be argued on the same day (her 2021 appeal regarding whether Dr. Luke is a public figure and whether Kesha's allegations are protected by litigation privileges + her 2022 appeal regarding the retroactivity of New York's amended anti-SLAPP statute).
  • there has been no oral argument scheduled for those appeals and that it is "unlikely" they will still be decided this year
  • Luke still wants to go trial in February 2023 if the trial court allows it, regardless of Kesha's pending appeals (I really don't think that's going to happen if the appeals aren't decided by the end of this year)

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=8tnNS/LAVZVok09B6alNNA==

Edited by TomTom2288
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First the Elton John tribute, then Aerosmith and now Foo Fighters...what a legend :jonny5:

 

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Edited by TomTom2288
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  • 2 weeks later...
On 8/11/2022 at 11:16 AM, TomTom2288 said:

Luke's opening brief is out.

UPDATE:

 

Kesha's opposition brief is out.

 

In sum, Kesha argues that Dr. Luke's attempt to preclude the DAS documents from being introduced at trial is very different from the Manatt Notes situation.

 

The introductory paragraph is chilling already:

 

 

 


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On 8/11/2022 at 11:16 AM, TomTom2288 said:

Luke wants to preclude these documents on the grounds that Kesha apparently did not produce them in discovery and only included them on a "supplemental exhibit list" last September, so it would be prejudicial for him if Kesha introduced those at trial. He says they should be precluded for the same reason the Manatt Notes got precluded.

Kesha argues that, contrary to the Manatt Notes (which was an entirely new exhibit none of the parties knew before 2020), Dr. Luke always had access to the DAS documents he now wants to exclude: either as publicly filed exhibits (in 2011 and 2021 respectively), through the fact that his lawyers attended the depositions in the DAS case where they came up and or via Kesha's and Luke's own document production in this lawsuit.

 

Additionally, Kesha says her supplemental exhibit list wasn't untimely served because she filed it as soon as she won her motion to lift the protective order in the DAS case last year which enabled the unsealing of the David Sonenberg and Georgina McAvenna depositions.

 

 

 


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On 8/11/2022 at 11:16 AM, TomTom2288 said:

Additionally, he says there was a "non-use agreement" between him and Kesha in the DAS lawsuit that nobody would use these documents in another litigation.

Kesha likewise attacks Dr. Luke's reliance on this non-use agreement that he apparently never asserted before, "violated" himself and which got rendered superfluous by Kesha's document production in this lawsuit.

 

Kesha references Dr. Luke's trial exhibit list which includes at least 1889 exhibits according to this brief. For comparison: Johnny Depp's trial exhibit list in the Amber Heard trial spawned 1238 exhibits.

 

 

 


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Edited by TomTom2288
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So happy she has a man! Who is he btw?

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I really want to make a Kesha discography rate if not anyone has did it yet… who would participate?

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