Professional Documents
Culture Documents
UNASSIGNED
NYSCEF DOC. NO. 1
Index No.
SUMMONS
Designated county of trial:
New York
on residence of plaintiff):
Christine Lepera
MITCHELL SILBERBERG & ICNUPP LLP
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
8945.3/41770-00008
: Index No.
Plaintiffs,
;
COMPLAINT
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
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
allegations that Kesha and Pebe have themselves admitted are false.
mother Pebe have wielded these defamatory statements in an attempt to extort Gottwald into
releasing Kesha from the exclusive recording agreement.
4.
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.
6.
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.
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.
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
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
STATEMENT OF FACTS
A.
15.
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.
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.
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.
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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27.
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.
The statements that Kesha and Pebe made concerning Gottwald, as detailed
The false statements that Kesha and Pebe made concerning Gottwald were
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
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.
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.
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.
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COUNT III
(Tortious Interference with Contractual Relations Against Pebe, Vector, and Rovner,
Alleged on Behalf of Gottwald and ICMI)
39.
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.
Recording Agreement, Gottwald and KMI have suffered damages in an amount to be proven at
trial, plus interest.
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On the first cause of action, direct, special, and/or punitive damages to Gottwald
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.
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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