As their trial approaches, Kesha and Lukasz “Dr. Luke” Gottwald’s legal teams have sent clashing letters to the court. (Rolling Stone)
In a letter from August 22, one of Kesha’s attorneys, Anton Metlitsky, requested a November sitting to hear the singer’s two appeals in the case: “The trial absolutely cannot proceed unless the issues presented in these appeals are resolved.”
One of the appeals refers to a recent decision in the case that New York’s updated anti-SLAPP laws no longer apply to the defamation lawsuit. Dr. Luke was found to be a private figure, which means that there is a relatively lower bar to clear to prove that Kesha allegedly defamed the producer. Kesha’s team believes that Dr. Luke is a public figure and that his team would have to prove that the singer acted with “actual malice” in allegedly defaming him. (Pitchfork)
In an August 26 letter, Dr. Luke’s lawyer, Christine Lepera, opposed Kesha’s team’s request, arguing that the court already said the appeal would “proceed in the normal course of briefing and argument,” and that her legal team has scheduling conflicts in November.
In an earlier letter from July 6, she wrote that Dr. Luke “wish[es] to promptly proceed to trial in this matter,” and the trial is currently scheduled to commence on Monday, February 20, 2023.
In a subsequent letter from August 30, another of Kesha’s attorneys, Leah Godesky, wrote to the judge, Jennifer G. Schecter, to reiterate her colleague’s request for an appeals hearing. “Contrary to Dr. Luke’s suggestion, there is no way a trial can proceed until the Court of Appeals resolves the appeals pending before it,” she wrote. “That is why Kesha has been doing everything possible to ensure that the Court of Appeals hears argument and rules before the February 20, 2023 trial date.”
In addition, she accused the producer of trying to avoid going to trial: “And while Dr. Luke contends in his letter that he is eager to try this case, he has been doing everything possible in the Court of Appeals to prevent that from happening.”
Dr. Luke’s attorney, Jeffrey Movit, filed a letter on August 30 in response, saying Godesky’s new letter is “filled with inflammatory and incorrect assertions” and “undoubtedly was filed to further her ongoing press campaign against Gottwald.” Lepera and Movit wrote in a statement shared with Pitchfork:
As our own letter to the Court makes clear, Dr. Luke is ready and willing to try the case in February and he looks forward to winning the trial. It is Kesha’s attorneys who have delayed the case for years by endlessly filing meritless appeals, which they have lost time and again. If the case is not tried in February, it solely will be due to the fact that Kesha’s lawyers decided yet again to take more appeals—this time of two decisions that once again ruled against her in the Appellate Division.
Dr. Luke sued Kesha for alleged defamation in 2014. Six years later, in 2020, Justice Schecter ruled that Kesha defamed Dr. Luke when she told Lady Gaga that the producer had allegedly raped Katy Perry. Perry denied the claim during a deposition.
Photo Credit: Sharon Alagna
Leave a Comment