OCTOBER 5, 2005

2/7/2017 Kesha Deposition Transcript (Dkt. No. 1494) at pages 238-239, 244-311

 A: “Paris [Hilton] or her sister had told Dr. Luke that we were invited to the after-party
which was at one of their homes. . . . So we walk out to the curb, and I told Dr. Luke,
“I’m not feeling great. I feel, like, a little woozy.” . . . . So he said, “I have a sober pill . . .
. On the corner outside of Mood next to the street. . . . I just remember getting in the back
of a car. . . . And before we got into the vehicle, he gave me a sober pill.” (250-252).

 Q: “Okay. And you basically just popped [the sober pill] in your mouth?” A: “Yes. I was
very excited about the idea of not feeling sick or as tipsy as I was.” (253).

 Q: “And you said you drank two glasses of champagne; correct?” A: “Yes.” (259).

 “I do recall we just got [to Paris Hilton’s house] and -- and I started feeling really sick,
and I was a little bit distraught because I hadn’t drank that much and I was feeling really
ill.” (268).

 “The next thing I can recall is waking up in Dr. Luke’s hotel room, naked, vomiting up
bile, and feeling like I was physically going to die . . . . my body was aching and I was
vomiting up green stomach acid and I couldn’t stop vomiting . . . . I felt like I was going
to pass out, so I crawled into the bathroom and just laid on the bathroom floor and just
kept vomiting up bile over and over into the toilet. And I couldn’t keep water down. I
couldn’t keep -- I just kept vomiting and vomiting and vomiting.” (293).

 “I [recall] a flash of this motion, which I believe to be my top coming off because I woke
up naked. Completely naked. No undergarments, no socks, no nothing.” (306).

 “It felt like something had been inserted into my vagina without lubrication.” (309)

 “I believe that Dr. Luke had raped me . . . [b]ased on my vagina felt ripped . . . . It felt
sore and it felt like it had been penetrated without lubrication.” (238-239)

IMMEDIATE REPORTING TO TRUSTED FRIEND AND FAMILY

2/7/2017 Kesha Deposition Transcript (Dkt. No. 1494)

 “All I can recall from the next day, aside from being violently ill and feeling violated
sexually, is that I called my friend. I called my mother. I told her I felt sick. I felt like I
needed to go to the hospital. And I waited for the closest person I had in Los Angeles to
come and get me.” (311).

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3/27/2017 Pebe Sebert Deposition Transcript (Dkt. No. 1487)

 “[Kesha] woke up and said she needed to go to the hospital and she didn’t know where
her clothes were and she was naked in Dr. Luke’s hotel room and didn’t know where her
clothes was.” (137).

 Q: “What’s the first phone call you remember having with Kesha on -- on October 6th?” .
. . . A: “She just -- she called and . . . sounded like she was drugged or something. And
she just goes, ‘Mom. Mom. I don’t know where I am and I’m naked and I think we had
sex. And I can’t find my clothes and I need water and I need to go to the emergency
room. And then her phone died.” (146-148).

 “I didn’t know where Kesha was. I didn’t know what hotel or anything. … I assumed
that she was in Dr. Luke’s hotel. And I know that he had stayed at the Chateau Marmont
at one point, and so I tried calling the Chateau Marmont back after the phone died, trying
to find her, because her phone died. And I -- I tried to call her back and it was --
obviously she’d run out of battery or something. So I called the Chateau Marmont and
asked -- asked for Dr. Luke’s room. And the woman said, ‘What’s this person’s last
name?’ And I said, ‘I don’t know. All I know is that he’s Dr. Luke.’” (149).

 “And I was trying to call [the person who introduced Kesha to Dr. Luke] to get Dr.
Luke’s actual last name so I could call the hotel back and try to find Kesha in the room,
since I was afraid that she was dying or something.” (150).

 “I called my friend Mindy, and I told her I might need her to drive . . . to the Chateau
Marmont to try and find Kesha.” (153).

 “[Kesha] just called and said that she had gotten in touch with her friend [Julianne]. And
I think I was crying, and I was like, you know, ‘You need to go to the hospital.’ She goes,
‘No, no I’m okay. [Julianne] is coming to get me.” (154).

 Q: “Did Kesha say why she thought she’d has sex, on this call?” A: “She said it felt
weird down there.” (158).

AVOIDANCE OF FORMAL REPORTING TO LAW ENFORCEMENT

2/7/2017 Kesha Deposition Transcript (Dkt. No. 1494) at pages 244-311

 “Q: So you had an opportunity to go to the doctor and you chose not to do so; correct?
A: I recently had signed my life away to this man, and I was embarrassed and terrified
and ashamed and sick and confused.” (316)

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3/27/2017 Pebe Sebert Deposition Transcript (Dkt. No. 1487)

 Q: “At any point in time, did you encourage Kesha to go to the police about what
happened on October 5th and 6th, 2005?” A: “I brought it up to her a few days later . . .
She stopped me in the middle of my sentence [ ] and said, “Mom, please, I want to have a
career. I just want to have a career. I’m signed to this guy. Please just let me have a
career. Please just don’t say anything.” (170-171).

 A: “I really regret the fact that I didn’t go to the police the day after it happened. . . . And
I also think that we bury -- both of us buried this thing. We didn’t want to talk about it.
We didn’t think about [it]. It was the only way we could function.” (137-14).

KESHA’S EATING DISORDER AND 2013 DECISION TO SEEK SETTLEMENT

2/7/2017 Kesha Deposition (Dkt. 1494)

 Q: “You have identified [ ] in your bill of particulars . . . he called you a “fat fucking
refrigerator.” A: “Mm-hmm.” . . . Q: “Okay. And he said this to your face?” A: “He
said it to my boyfriend.” . . . Q: “Do you believe everything everybody tells you about
what other people say?” A: “I believe this because it falls right in line with the kind of
things Dr. Luke says about me. … He said, ‘You look disgusting,’ recording pretty much
the entirety of ‘Warrior.’ He would have me go upstairs while everyone had dinner. He
said I didn’t deserve to eat food. He had his assistant Irene follow me around and make
sure that, instead of drinking a diet soda or anything that had any caloric content, that I
would just drink waters. He would count the amount of coconut waters I had at his
home. He had -- Irene and I had to sit down and have a talk with him because I was on a
juice cleanse. And I got chastised because I wanted -- I did not do it. I wanted to have a
bite of turkey after not eating for -- solid food for ten days and working out twice a day.”
. . . . Q: “So we’ve got one word, ‘disgusting.’ I didn’t hear any other word.” A:
“”Huge,’ ‘fat.’” (124-127).

 “I would spend hours writing music, and he would not listen to what I would sing at him.
He would tell me I sounded like shit, tell me I would look like shit. He would ask if I had
gone out drinking the night before. And when the answer was no, he’d say, ‘Well, maybe
you should have.’” (129-130).

 “We were sitting at a dinner at -- I forgot the name of the restaurant . . . and I had ordered
just an appetizer as my main course because, with him, I always knew he was watching.
And in front of … people we would work with, he knocked the fork out of my mouth and
said, ‘Stop eating that.’” (131).

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6/13/2017 Kelly Clarkson Deposition Transcript (Dkt. 1491)

 “[H]e is very, I mean, just to be blunt, he can be kind of a bully and demeaning . . . . Q:
When you say he being a bully, was he a bully to you on that occasion? A: Yes. Just
how he, how he works with you, how he words things, how he just general presence. He
is just very, and I don’t know, it’s kind of like the Napoleon complex with me. I don’t
like him as a person.” (17)

 “[RCA] said, actually almost every female at our label doesn’t like working with [Dr.
Luke]. . . . In general, I don’t know anyone that likes him . . . . People have said he is
sleazy. People have said he is belittling, the same kind of things that I say.” (30-31).

THE PARTIES’ 2013-2014 SETTLEMENT NEGOTIATIONS

4/26/2017 Kenneth Meiselas Deposition Transcript (Kesha’s former transactional attorney)

(Dkt. 1468)

 Q: “Early October 2013. Okay. And do you recall, did you have this conversation with
Julie [Swidler] in person, by a phone, by email?” A: “By phone . . . . I told her that
Kesha had indicated to us that Dr. Luke was abusive toward her verbally and . . . that he
had raped her, and that she could not return and be in the studio with him based on the --
the abuse.” (66-71).

 “I was trying to settle a dispute between the parties . . . . And we were also very clear that
we had no objection to the Kemosabe logo being included and to Luke participating
financially pursuant to his agreement with Sony. Our point was that Kesha
could no longer work with him.” (88-91).

2/11/2014 Email between Kenneth Meiselas (Kesha’s former transactional attorney) and
Julie Swidler (General Counsel at Sony Music Entertainment) (Dkt. 1473)

 Reflecting pre-litigation correspondence about potential settlement agreement.

6/5/2014 Email between Kenneth Meiselas (Kesha’s former transactional attorney) and
Julie Swidler (General Counsel at Sony Music Entertainment) (Dkt. 1474)

 Reflecting continued pre-litigation correspondence about potential settlement agreement.

 Kesha’s attorney insisting on mutual non-disclosure agreement, rather than Kesha-only

non-disclosure obligations proposed by Dr. Luke: “KESHA HAS A SIMILAR ISSUE
WHERE SHE NEEDS PROTECTION IF LUKE BRINGS UP THE ALLEGATION -
FOR EXAMPLE IF HE WERE TO BREACH BY MAKING STATEMENTS THAT
KESHA FALSELY ACCUSED HIM OR REFERS TO HER DEPOSITION
TESTIMONY . . . . OUR AGREEMENT IS THAT THERE BE SILENCE BY BOTH
PARTIES ON THIS ISSUE -- CONFIDENTIALITY -- AND IF LUKE WERE TO

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 BRING IT UP I[N] ANY WAY, KESHA FEELS SHE NEEDS THE SAME
LIQUIDATED DAMAGE PROVISION.”

2011 TESTIMONY AND DR. LUKE’S THREATS

2/7/2017 Kesha Deposition Transcript (Dkt. No. 1494)

 A: “Like I said before, I tried to be as truthful as I could [at the 2011 deposition] while
still trying to protect Dr. Luke because I was under extreme duress. And I was terrified of
him, and he had threatened me. . . . [h]e took me on a walk down the beach, made sure
we were alone and threatened not only me but my entire family and my career and well-
being is how I took it.” (42)

 Q: “Tell me . . . when this walk on the beach happened.” A: “It was very close to my
deposition. I would venture to say a week to two weeks before.” (46).

 Q: “Did anyone have a weapon that threatened you physical safety at that point in time,
including, but not limited to, Dr. Luke?” A: “His weapon was my life, and it was in the
palm of his hands. And that’s what he was threatening to take away from me, my career,
my life -- the livelihood of my family. … Also my brother and I had worked on a
television show. My mom had written songs on my record. All of this -- he was saying
if I wasn’t a good girl and answer exactly how he instructed me to answer [at the
deposition], that was in the palm of his hands and he had the ability to take it away if I
didn’t do exactly what I knew I should do, which was answer in his favor and protect
him.” (52-53).

3/27/2017 Pebe Sebert Deposition Transcript (Dkt. 1487)

 Q: “It’s correct that you had a November 2005 lunch meeting with Dr. Luke and Max
Martin; is that correct?” A: “Yes.” . . . . Q: “And Kesha was there too, correct?”
A: “Yes.” Q: “Okay. Okay. And at the meeting, there was a discussion about who
Kesha’s manager would be, correct? . . . And you testified in the DAS case that you were
offended because Dr. Luke hand suggested Larry Roudoff to be Kesha’s manager; is that
correct?” A: “Dr. Luke insisted . . . that he choose for her and that she didn’t have the
right to choose her own, yes.” Q: “Do you recall specifically what Dr. Luke said?”
A: “Yes. He told [Kesha] that if she didn’t do exactly what he said … that he would keep
her tied up in litigation till she was too old to ever make a record, and that he’d already
done this to another girl and … he had told her something that he wanted her to do and
she had gone against him and that she’d never have a record deal again. He also told
Kesha she wasn’t that pretty and she wasn’t that good and there were a thousand other
girls that would be thankful to be signed to him and would listen to everything he told
them to do. … I recall that Kesha was crying because he said she wasn’t very good and
she wasn’t pretty.” (191-193).

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 DR. LUKE’S BLAME-THE-VICTIM LITIGATION STRATEGY

2/7/2017 Kesha Deposition Transcript (Dkt. 1494)

 A: “An eating disorder is a cumulative disease that is influenced by many outside things .
. . And, as life went on, it got worse and worse, especially with Dr. Luke’s abuse and
insults that just added more and more just on top of a mountain on -- inside of me of just
abuse that then the disease got stronger and worse and louder in my head.” Q: “Uh-huh.
Meanwhile you were out drinking and binging and blacking out and telling people you
don’t -- you don’t do that, right?” (89-90).

 A: I believe that Dr. Luke raped me. Q: Based on what? A: Based on my vagina felt
ripped. Q: Like it was falling out? A: No, not like it was falling out. Like a woman had
been penetrated without lubrication. Q: I see. And do you ever talk about your vagina
falling out? A: As a joke, have I ever said, ‘My cramps so hurt, my vagina’s going to
fall out?’ I can’t say that maybe I’ve never said that, if that’s what you’re trying to get at.
But . . . Q: You know, you said just now that you felt ripped. Did you have blood and
scars and tears that you had a medical exam taken to show? A: Did I have scars? Q:
Yeah. A: No, I didn’t. Q: If it’s ripped -- there would be a scar, wouldn’t there? A: It
felt sore and it felt like it had been penetrated without lubrication. (238-239)

 A: “I do not recall an actual penis being taken out by your client and inserted into my
incoherent body. I don’t recall that, but I recall waking up in your client’s room, his
belongings around, him gone, naked and sick . . . . It’s scary to me that you’re laughing.”
(307)

 Q: [Y]ou used the word ‘rip,’ so I’m trying to get to the bottom of it. It’s torn, meaning
bleeding, ripped, and it could be sutured and stitched. Is that what you had? A: I told
you it felt like something had been inserted into my vagina without proper lubrication.
Q: Can you answer my question? A: I’m answering your question to the best -- Q: Did
you have a rip or tear in your labia? I didn’t get it looked at by a doctor that day. Q: Did
you look at yourself with a mirror? A: I was too busy vomiting up bile. Q: When you
finished vomiting, did you look at your labia to see if it was ripped or torn? A: I did not.
Q: Okay. Did you have anyone else look at it to see if it was ripped or torn? A: I did
not. (310-311)

KESHA’S 2016 TEXT TO LADY GAGA

6/23/2017 Kesha Deposition Transcript (Dkt. 1495)

 “Just as [Lady Gaga] was getting prepared for an awards show . . . John Janick [chairman
and CEO of Interscope] came in and -- and I don’t recall the exact way we got into the
conversation of Katy Perry. . . . It was like he said that Dr. Luke had raped Katy Perry.”
(573-577).

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  “[The text messages with Lady Gaga are] a continuation of the -- that conversation . . . .
So in our text message, we were both having . . . a private conversation . . . about what
we had both heard earlier.” (579-580).

 “And, quite frankly, I -- this makes me -- makes me really uncomfortable being a person
who’s been raped and the fact that [Dr. Luke’s attorneys are] outing a rape victim through
private text messages … it makes me really uncomfortable and I feel really bad for Katy
Perry.” (573-574).

9/12/2017 Stefani Germanotta (Lady Gaga) Deposition Transcript (Dkt. 1493)

 Q: “Did [John] Janick say in your presence that my client, Mr. Gottwald, raped Katy
Perry?” A: “He said he had heard a rumor.” . . . . Q: In the presence of both of you? A:
“Yes, and I don’t know that he used the word ‘rumor.’ I don’t recall exactly the way he
said it. I just recall that it was brought up.” . . . . Q: “I am really just focusing on what, if
anything, he said that you recall about an allegation of Mr. Gottwald raping Katy Perry.”
A: “He said something like I heard [Dr. Luke] raped Katy [Perry], too.” (36-38).