Page 1

- 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

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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

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2

"slipped Kesha a rufie." Could you define 12:09PM

3

that?

12:09PM

4

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

5

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

6

right?

12:09PM

7

Q. Yeah. Before that first meeting

12:09PM

8

with -- with David, had anyone told you that

12:09PM

9

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

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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