INDEX NO.

653118/2014

FILED: NEW YORK COUNTY CLERK 02/24/2016 12:05 PM

NYSCEF DOC. NO. 499

RECEIVED NYSCEF: 02/24/2016

SUPREME

COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK:

CIVIL DIV.

: PART 54

-----------------------------------------X
LUKASZ GOTTWALD p/k/a DR. LUKE, KASZ
MONEY, INC. and PRESCRIPTION SONGS, LLC,
Plaintiffs,
- against

Index No.
653118/14

KESHA ROSE SEBERT p/k/a KESHA, PEBE

SEBERT, VECTOR MANAGEMENT, LLC, and JACK
ROVNER,
Defendants.

-----------------------------------------x
KESHA ROSE SEBERT p/k/a KESHA,
Counterclaim

Plaintiff,

- against

LUKASZ GOTTWALD p/k/a DR. LUKE, KASZ

MONEY, INC., PRESCRIPTION SONGS, LLC,
KEMOSABE ENTERTAINMENT, LLC, KEMOSABE
RECORDS, LLC, SONY MUSIC ENTERTAINMENT,
and DOES 1-25, inclusive,
Counterclaim

Defendants.

-----------------------------------"-----x

MOTION

60 Centre Street
New York, New York
February 19, 2016
B E FOR

E
HON. SHIRLEY WERNER

(Appearances

KORNREICH,
Justice

on the following

page.)

ROBERT PORTAS, R.P.R., C.R.R.

SENIOR COURT REPORTER

,,

2
1

A P PEA

RAN

C E S :

2
MITCHELL, SILBERBERG & KNUPP, LLP
Attorneys for Plaintiffs
12 East 49th Street - 30th Floor
New York, N.Y.
10017
BY:
CHRISTINE LEPERA, ESQ.
JEFFREY M. MOVIT, ESQ.

3
4
5

6
GERAGOS & GERAGOS, P.C.
Attorneys for Defendant and
Counterclaim Plaintiff,
Kesha Rose Sebert
644 South Figueroa Street
Los Angeles, CA 90017
BY: MARK GERAGOS, ESQ.
TINA GLAND IAN , ESQ.

7
8
9

10
11

GIBSON, DUNN & CRUTCHER, LLP

Attorneys for Defendants,
Sony and Kemosabe Rocords, LLC
2029 Century Park East
Los Angeles, CA 900676
BY:
SCOTT A. EDELMAN, ESQ.
ZACHARY A. KADY, ESQ.

12
13
14

15
16
17
18
19

ALSO PRESENT:
SONY MUSIC ENTERTAINMENT, Defendant
550 Madison Avenue
New York, N.Y.
10022
BY: DAVID JACOBY,
Senior Vice President
Business & Legal Affairs

20
21
22
23
24

25
Robert

Portas, RPR, CRR

PROCEEDINGS
1

COURT OFFICER:

THE COURT:

Let me just divvy up the motions

Come to order, please.

Good morning.

right, you all have microphones,

the microphones

and everyone

Motion

These are motions

major action,

Number,

10

I believe

but to dismiss

One of the motions,

11

and that's

12

made on behalf

13

company

14

then there is also Kemosabe

15

one of his entities.

16

behalf.

17

I -- it does involve

18

Songs,

19

counterclaim.

20

it's 17.

the counterclaims
which

the

of Kesha.

is the earlier motion,

19, not 17 -- that is

Incorporated,

KMI, which is his

Prescription

Entertainment,

So that motion

And certainly

There is

-- and not to dismiss

of -- of Mr. Gottwald,

Songs and

which is also

is made on his

in terms of Mr. Gottwald

and

-- and, you know, KMI, Prescription

it involves all of the causes of action in the

Motion

21

which

22

And Mr. Gottwald

23

in front of me.

-- oh, it's Sequence

Kasz Money,

All

so you can speak into

20, and I believe

to dismiss

here.

can hear.

I have three motions

You may be seated.

Sequence

20 is made by Sony Records,

-- and one of its entities,

Records,

LLC.

is the CEO of Kemosabe.

Now, those motions

24

under

25

me just look at my notes ...

32(a) (2), (5) and

Robert

Kemosabe

are basically

motions

(7), from what I remember.

Port as , RPR, CRR

made
Let

PROCEEDINGS
1

And it's also for Mr. Gottwald

motion,

also

(a) (1).

And for Sony they're asking

alternative,

And for Sony it's really

of action

and are not really alleged

it's really

should the motion

11

injunction,

and specifically

12

be enjoined

from enforcing

13

various

14

contracts,

17, and that motion

there.

I have is Motion Sequence

asking

that the defendants

exclusivity

provisions

in the

And there are a number of different

both with Sony, with KMI, with Prescription ...

Is it "Prescription

16

MS. LEPERA:

17

THE COURT:

20

involved

so

is for a preliminary

15

entity

actions

Sony and Kemosabe,

the other causes of actions

contracts.

not be granted.

are contract

against

Number

19

to dismiss

under the counterclaims

10

entity.

to strike, in the

-- the first and the last causes

Now, the other motion

18

under the first

Yes.
Prescription

Sony has a contract

owned by Gottwald.
Also,

Songs"?

Songs is the publishing

with KMI; KMI is the recording

So it's all fairly interrelated.

the preliminary

injunction

goes even

21

further

22

issue--and

it's, it's very broad--to

23

publishing

licenses of Kesha so that she can go into the

24

marketplace,

25

asking

and is asking that I order Prescription

basically.

That's

for, since Prescription

Robert

Songs to

issue the necessary

-- that's what it's

Songs has owned all the

Portas, RPR, CRR

PROCEEDINGS
1

copyrights.

Am I correct?

MR. GERAGOS:

THE COURT:

injunction

first.

Yes, I think that's a correct

Let's deal with the preliminary

So I think that would be easiest.

MR. GERAGOS:

I think Your Honor has fairly

THE COURT:

on?
MR. GERAGOS:

11

THE COURT:

Sure.

Mike Geragos,

Is your microphone

on?

G-E-R-A-G-O-S.
Is the red

light on?

13
14

summarized

Do you want to make sure the mic is

10

12

Okay.

MR. GERAGOS:
the amplification,

I don't know if it's on, but I hear

if that's ...

15

THE COURT:

16

MR. GERAGOS:

Okay.
And I think that is a fair summary

17

of what we've asked for.

18

as you would want to characterize

19

interestingly

20

irreparable

21

declarations,

22

Court can take a look at and entertain

23

this

24

has, as most pop recording

25

within

enough,

I don't know that it is as broad

it, but I think,

when you take a look at the

harm -- that's one of the reasons we have the

that's one of the reasons

the irreparable

this and grant

harm is, for Kesha,

artists

which to perform.
Robert

I think that the

Portas, RPR, CRR

is that she

do, a very slim window

PROCEEDINGS
1

THE COURT:

Well, let me ask you this:

alleging

that she cannot perform

career.

And there are affidavits

are also issues as to irreparable

Recordings,

which basically

recordings,

and also to Prescription

has copyright

to do aW~ithlcopyrigh~,

And I'm not even sure I,'

m not preempted

interest.

10

we'll

and it's killing her

going both ways.

There

harm to Sony and Kemosabe

have the right to her -- to her

And you're

Songs,

frankly, who

asking me, number one,

P.

~"l

which

is a very major thing.

by federal law, but

just leave that aside for now.

11

MR. GERAGOS:

12

THE COURT:

13

harm to Sony.

14

at this point.

15
16

You're

You're arguing

no irreparable
companies

Three or four?
I think it's fair to say that

three.

17

THE COURT:

18

MR. GERAGOS:

19

THE COURT:

Three.
Three majors.
And wouldn't

20

blindly

21

that do to the industry?

22

there's

There are not a lot of recording

MR. GERAGOS:
there's

We'll put that aside.

But the --

-- if one -- if a Court

went in and did what you asked of me, what would

MR. GERAGOS:

Well,

23

anything

24

harm is if we keep sitting

25

fact remains

to the industry.

I don't think it would do

In fact, I think the irreparable

and putting

her on ice.

that as it is right now, because

Robert

Port as , RPR, CRR

The

of the abuse

PROCEEDINGS
1

allegations,

work with him, that she's not recording.

anything

generated.

because

of the fact that she does not want to

is being produced.

Nothing

There's

So it's not as if

no income being

is --

THE COURT:

Let me ask you something:

issue is that your client, Miss Sebert,

cannot work with Mr. Gottwald.

MR. GERAGOS:

THE COURT:

Your major

is saying she

Correct.
Now, reading

all of these papers--and

10

there are a good many papers--I've

11

Kemosabe

12

nothing

13

plenty

14

that -- that she can work with and she's offered

15

she wants

16

allow her to record without

17

Mr. Gottwald.

18

another

19

will also agree to allow her to -- to record without his

20

involvement.

21

Recordings

that Sony and

say they don't care if Gottwald

to do with the recording.

of personnel

noticed

And, in fact, there are

there, recording

to work with someone

artists,

any involvement

without

23

of the way.

24

need a preliminary

25

for?

any involvement

is there was

from Mr. Gottwald

of Mr. Gottwald,

Robert

that say he

to record

he'll stay out

She won't have to work with him.

injunction,

to work

of

So now she is being given permission

22

producers,

else, so they are willing

And, in fact, what I noticed

-- there are papers

has

Why do you

the kind you're asking

Port as , RPR, CRR

to

PROCEEDINGS
1

MR. GERAGOS:
wanted

to address

THE COURT:

MR. GERAGOS:
wanted

to address

Pardon?
I'm glad you asked

by them.

what he has shown by this litigation

interest

else.

10

in Kesha succeeding,

Number one,

is that he has no

doing well or anything

--

THE COURT:

11

That has nothing

12

preliminary

13

it, because

it.

It's an illusory promise

I mean

that.

And I'm glad you asked that.

I am not -- That is not before me.

to do with what you're

asking for in this

injunction.

MR. GERAGOS:

It is in a sense.

You're talking

14

about all of the A&R declarations,

15

all of the promotion,

16

them.

17

it.

18

of all, they drop in, and I think it was on Page 16 in the

19

footnote,

20

own opposition

21

tracks.

else is controlled

by

So you have -- he can say, "I'm going to stay out of

I'm going to stay out of the recording."

22
23

everything

all of the marketing,

they drop in that the contract

they concede

THE COURT:

Well, first

itself, in their

he's a producer

for six of the

He is -- On the KMI contract,

believe

24

MR. GERAGOS:

25

THE COURT:
Robert

Right.

Paragraph

6.

But he is made a third-party

Port as , RPR, CRR

PROCEEDINGS

beneficiary

and has the ability

recordings,

or whatever

3
4

MR. GERAGOS:

it was.
Right.

THE COURT:

six -- he can produce

He says he's willing

do all of her recordings

become

without

an issue of damages

MR. GERAGOS:

THE COURT:
preliminary

11

six

him and then this will

for trial.

That really

injunction

MR. GERAGOS:

takes it out of the

stance.
Only when

to order

13

number

14

to do with the promotion

-- only if this Court were

that he has to or that it would enjoin him from,

one, the six tracks; number

15

THE COURT:

16

MR. GERAGOS:

17

THE COURT:

two, that he has nothing

or anything

You're mixing

else --

everything

You're mixing

Now, the preliminary

20

likelihood

21

now.

up.

No, I -up the contract

and the case itself with the preliminary

19

to allow her to

Well--

12

18

six of her

tracks.

10

to produce

injunction

claims

injunction.
deals with

of success, which we are putting

aside for

Okay?

22

MR. GERAGOS:

23

THE COURT:

Okay.
It deals with irreparable

harm, which

24

is what you say is a major issue here, her ability

25

And it deals with the equities,

Robert

again,

Portas, RPR, CRR

to work.

which deal with the

PROCEEDINGS
1

ability

to work.

2
3

They are now saying,

without

"We are letting her work

Dr. Luke."

10

MR. GERAGOS:

They're

not saying that.

That's

what I am saying.

THE COURT:

MR. GERAGOS:

Because

large company.

Why not?
That's why I said "Illusory."

when he says "It's a large company,"

When he says, "I'm going to have no

10

involvement,"

11

that are essential

12

people

report

13

all of the people

to putting

to Dr. Luke.

THE COURT:

who would do the things

out a record,

Well, we're not talking

out a record,

15

to have any contact with him, because

16

this preliminary

17

to assure

18

"Mr. Gottwald.

we're talking about whether

injunction

is about.

her she can record without

MR. GERAGOS:

all of those

When you said --

14

19

it's not a

about putting

Miss Sebert has

that's really what

And they are willing
any contact with

Well, but then, as I say, that still

20

becomes

illusory,

21

company

that does all of the things

22

record.

She can record right now in her bedroom,

23

nobody's

ever going to hear it.

24

an artist,

25

we're

if he's the one who is in charge of the

in producing.

about is that she has a window

Robert

Portas, RPR, CRR

but

Part of the idea of being

part of the idea of the irreparable

talking

She can

harm that

in which she

11

PROCEEDINGS
1

can produce

gets promoted.

get promoted,

said it was irrelevant,

already

to destroy

That's

the whole side.

So if it doesn't

I'm going to go back to what

her.

because

that his endgame here is

irrelevant,

I don't think it's irrelevant,

think that there is such a showing

And,

frankly, by his agreeing

10

record without

11

decimates

12

where you

I do not think it is, he's

I know you think that's

THE COURT:
don't

it can get out there and it

shown by this litigation

7
8

music that can

his involvement,

but -but I

here.

to allow her to

I think it really

your argument.
When you're

talking about promotion,

what

13

don't know whether

they'll promote

14

they won't promote

it, then, yes, they are in breach.

15

But she -- they are allowing

16

saying

17

face--and

18

not promote

19

millions

20

her recordings,

21

they do have a vested

22

business.

23

it or not.

her to record.

we

And if

You're

that Sony will cut off its own nose to spite its
that's Kemosabe

Records--they

the recordings,

of dollars

already

got a vested

25

investment

they've spent

her and paying for

and internationally.
in this.

So

And they're in

there to make money.

interest

And -- right.
in Dr. Luke.

in Dr. Luke.
Robert

promoting

interest

MR. GERAGOS:

24

even though

both nationally

They're

will -- they will

And they've already

They have a $60 million

Their investment

Portas, RPR, CRR

in Dr. Luke

12

PROCEEDINGS
1

continues

pale

cut off their nose to spite their face, they've already

done that, they've already put themselves

Dr. Luke to the tune of $60 million.

on --

in comparison.

7
8

to work, continues

THE COURT:
you're

talking

THE COURT:
quote,

12

quite well known --

unquote,

MR. GERAGOS:

14

THE COURT:

15

MR. GERAGOS:

16

THE COURT:

in bed with
not here

let's be clear,

Records.

Correct.
And Kemosabe

Records

stable other recording

13

makes Kesha

saying when they

They're

The $60 million,

about Kemosabe

11

17

The idea that you're

MR. GERAGOS:

10

to have artists,

has in its,

artists

who are

Correct.
-- who Dr. Luke works with.
Correct.
And when I say "Dr. Luke," I mean

Mr. Gottwald.

18

MR. GERAGOS:

19

THE COURT:

20

MR. GERAGOS:

21

THE COURT:

22

And a company,

23

these companies

24

competitive,

25

streaming

Mr. Gottwald.
That will be interchangeable.
Right.
But Miss Sebert
particularly

given the fact that

are now, as you say, three, they're very

they are losing market

and everything
Robert

is one of those.

else.

share to a lot -- to

Why would they take an

Portas, RPR, CRR

PROCEEDINGS
1

artist

promote

who is popular,

MR. GERAGOS:
embolden

THE COURT:

MR. GERAGOS:

speculations

continues

they're

obviously

That's

They aren't

to have other artists

already

the problem.
and speculation.

conclusions

or

to work, he

on the charts.

They--

What does that have to do with this?

Because

he is able to work, she is

not able to work.

THE COURT:
offering

She is able to work.

her the opportunity

14

MR. GERAGOS:

15

Paragraph

16

They've

6 of the

already

17

They are

to work without

him.

You would have to enjoin him from

of his right to produce

the six.

--

THE COURT:

No, I don't.

He's agreed not to -- to

give up that right now, in favor of damages

19

MR. GERAGOS:

20

THE COURT:

21

invested millions?

in the fact that he continues

MR. GERAGOS:

12

18

them money and not

These are conclusions

THE COURT:

10

13

Because

and in bed with Dr. Luke.

11

who is making

her work when they've already

3
4

13

Well, they've

at the trial

already

-- if, in fact, you can prove your

case.

22

MR. GERAGOS:

23

the fact that they're

24

performance.

25

illusory.

They've

already

seeking damages

So the fact remains

They've

Robert

agreed to that by
and not specific

that that's also

also legally already

Portas, RPR, CRR

forfeited

any 'right

PROCEEDINGS
1

to say that, because

opted out for damages.

remedies.

they've

THE COURT:

MR. GERAGOS:

specific

said they want to -- they've

They're

mutually

What do you mean by "Opted out"?

THE COURT:

asked

They've

opted out by not asking

So you're

saying they should have

Dr. Luke.

that I order her to specifically

10

MR. GERAGOS:

11

THE COURT:

12

contract;

13

time ago.

14

exclusive

for

performance.

Now, last I heard

MR. GERAGOS:
because

16

perpetuity.

17

the reasons

18

New York is because

19

That's

20

everything

record with

That is one of their remedies.

last I heard,

15

21

14

-- This is a service

slavery was done away with a long

Which is exactly

she's on a personal

services

why we're here,

contract

And that's one of the reasons

they've

tried so desperately

possible

in California.

that they are -- they've tried

to get New York jurisdiction.

THE COURT:

22

themselves

put venue

23

negotiated

contracts,

24

The contracts

25

her lawyer,

Well, wait a minute.

in New York.

in stating

KMI had lawyers,

The contracts

These were heavily

there were lawyers

are explicit

Robert

-- it's one of

to get it into

this would have expired

one of the reasons

that last in

on both sides.

that Miss Sebert had

Sony had lawyers, everybody

Portas, RPR, CRR

15

PROCEEDINGS
1

had lawyers.

the negotiation

it would be New York law.

These were heavily

negotiated.

was that venue would be here in New York,

MR. GERAGOS:

THE COURT:

MR. GERAGOS:

THE COURT:

Not for the tort claims.

Not for what?
Not for the tort claims.
Tort claims are something

will have to deal with those.

tort claims or counterclaims

10

still viable

11

not a dismissal

12

claims

13

that in the dismissal

14

preliminary

15

equitable

16

Court to do the right thing.

in California;

else, and we

And I -- and, frankly,

bind Miss Sebert.

there's

the

They are

a stay there, there's

and that's under California

law.

The tort

you bring here are New York law, we will deal with
motions.

injunction,
relief.

We're only speaking to the

which is really you're asking for

In other words, you're

17

MR. GERAGOS:

18

THE COURT:

You're asking

for the Court to

decimate

20

by two parties

21

contracts

are typical.

It's no different

22

contracts

which require

certain

23

require

24

to decimate

a contract

asking for the

Correct.

19

25

And part of

which was heavily

negotiated

and signed

in an industry where these kinds of

exclusivity

number

from all other

of recordings

and have copyrights.

and

You're asking me

all of that law.

Now the other side has come forward and said,

Robert

Port as , RPR, CRR

16

PROCEEDINGS
1

"We will allow her to record without

understand

what your problem

Dr. Luke."

I don't

is.

MR. GERAGOS:

What my problem

is that there is

she's set up to fail.

Her allegations

are such that there

is no way that they are going to promote

going

to do anything

else except

THE COURT:

MR. GERAGOS:

THE COURT:

her, that they are

set her up for failure.

Do you have any proof of that?

Because
These are just allegations

10

making.

You're

11

happen.

And this is a commercial

12

is to do the commercially

13

that business

14

will do what is in its best interest.

15

interest

16

artist

17

they're

18

to say, "We're not going promote

not

you're

people

not saying

this is going to

venue;

reasonable

and certainly

my -- my instinct

thing and to assume

a business

willing

19

invested

20

they're

21

done that.

22

he's sued her manager,

23

interest

whatsoever

24

interest,

they've

25

this idea of saying

Yes.

a recording

a lot of money when

to record her recordings.

MR. GERAGOS:

like Sony

It's not in its best

not to make money and not to promote

in whom they -- they've

you are

Are they going

them"?

They're

not going to, because

going to choose Dr. Luke over her.

They've already

Dr. Luke has sued her, he's sued her mother,

Robert

he's sued me, her lawyer.

in promoting

her.

He has no

Sony has no

chosen to take Dr. Luke versus Kesha.

--

Port as , RPR, CRR

So

17

PROCEEDINGS
1

THE COURT:

MR. GERAGOS:

THE COURT:

Dr. Luke
Well, if I could just finish.
I just want to -- You know, let me

just ask you something:

contract.

He's

Dr. Luke has sued based upon the

-- he wants her to abide by the contract.

MR. GERAGOS:

No, he didn't.

damages:

Pebe was not in contract

in contract

10

He asked for

He didn't ask for her to abide by the contract.

with him, he sued Pebe.

with Rover, he wasn't

in contract

He wasn't

with me.

He

sued all those people.

11

Sony has already made their choice.

When you

12

say "What evidence,"

13

of this, Sony isn't saying,

14

going to take you out of this Dr. Luke, we're going to

15

have Kesha record,"

16

they've

17

business

18

their hit maker,

19

years.

20

the fact that Sony is contesting

"We're going to -- We're

and the fact that you would say that

-- Sony has got a business

interest

is in promoting
not Kesha.

interest,

been on ice for two

that you think that the

21

commercially

22

promote

23

allegations

24

Dr. Luke and Sony are going to then promote

25

her the additional

reasonable

their

Dr. Luke, because he's

Kesha's

The idea that somehow

thing that Sony is going to do is

Kesha, who's making

allegations,

of sexual abuse against

Robert

all

Dr. Luke, and that

stature or credibility

Portas, RPR, CRR

lurid

her to give

to take down

PROCEEDINGS
1

Dr. Luke is

it couldn't

18

only could happen

happen

in a fantastical

in the reality

THE COURT:

of a business

I think -- Frankly,

a court of law; we have to make decisions

not on fantasy

against

case against

And they're

10

to be here.

11

against

12

them.

-- against

Miss Sebert.

Sony.

That's

is what you're doing.

Nor did Kemosabe

Miss Sebert.

misstated

14

facts are that they sued here.

THE COURT:

Records

They don't want

bring a case

Miss Sebert brought

So you have already

15

Miss Sebert brought a

asking to get out of this.

MR. GERAGOS:

No.

a case against

the facts.

The facts -- Your Honor, the

They sued here in New York.

Who is "They"?

You can't say "They"

and refer to everybody.

17

MR. GERAGOS:

18

THE COURT:

19

MR. GERAGOS:
entities

21
22

based upon facts,

the only reason Sony is here.

13

20

This is

First of all, Sony did not bring any case

16

which

world.

I can't.

and speculation,

world,

Okay.
You do this in your complaint
I'm referring

to Gottwald

also.

and his

sued here.
THE COURT:

But Sony and Kemosabe

Records did not.

You can't paint them all with the same brush.

23

MR. GERAGOS:

24

another,

25

Sony

Except that they are in bed with one

as the Court stated initially.

-Robert

Portas, RPR, CRR

And Kemosabe and

19

PROCEEDINGS
1

THE COURT:

MR. GERAGOS:

I never stated

that.

Well, they're

relationship

they have a relationship

to go with Dr. Luke.

what

7
8

such that there's

in -- they have a

a $60 million

where

-- whereby

investment,

Sony has chosen

If you say it's fantastical,

then

I would ask the Court for is what

-- we cited the

other

two cases here, the Oak Records

case and the Then

case,

I'd ask for an evidentiary

hearing.

So, I mean, if the Court wants

facts then let's

10

get Sony's people here, let's get Dr. Luke here, let me

11

put them on the stand and let me do a cross examination

12

so that we aren't

13

in fantasy.

14

somehow

15

from destroying

16

business

Because

the fact remains

Dr. Luke doesn't

that the idea that

Kesha separate and apart

make any sense from a

standpoint.
THE COURT:

promoting

19

so that we aren't engaging

Sony is going to promote

17
18

speculating,

Kesha?

Why would they destroy

One thing has nothing

MR. GERAGOS:

I would suggest

Dr. Luke by

to do with another.
that it is somewhat

20

naive

21

Swidler

22

statements,

23

she is a lawyer for Sony, that she has stated publicly

24

they are -- that they are literally

25

this contest.

to think that they've got a -- and I would put Judy

on the stand, who is a lawyer at Sony who has made
I can represent

Robert

or proffer

Portas, RPR, CRR

to the Court that

that

in support of Luke in

20

PROCEEDINGS
1

THE COURT:
this woman.

You have not put in any affidavit

If that were the case -- I have

MR. GERAGOS:

THE COURT:

there is nothing

I can't, because

she's diverse.

I have 10 inches of paper here and

in those papers

MR. GERAGOS:

THE COURT:

from you saying this.

Yes-This is brand new and it has nothing

at all to do with anything.

understand.

Frankly,

They are willing

I don't -- I don't

to allow her to record, they

10

spent millions,

11

that they won't promote

it.

12

point on Kesha.

talking about

13

millions

14

for other

15

dollars

16

them money?

and I just don't understand

You're

of dollars
issues.

why you now say

They spent $11 million

60 million.

more internationally

at one
And then

and for other

Why would they ignore those millions

and not promote

17

from

MR. GERAGOS:

her recordings

Because

of

when she can make

it's a drop in the bucket

18

compared

19

generated

20

even a remote comparison.

21

And the amount of money that you -- that you're

22

they spent was also offset by what she was generating

23

the time.

24

the first legal argument

25

he is promoting,

to what the -- what the amount of money that is

by Dr. Luke or Lukasz Gottwald.
She hasn't

She has the irreparable

Robert

So there isn't

generated

anything.
saying that
at

injury, which is.what

that we have to deal with is, that

he is still doing
Portas, RPR, CRR

producing

artists,

he

PROCEEDINGS
1

21

goes on his merry way while she does not.

THE COURT:

The illusory

She's given the opportunity

now to go

on her merry way, as you say, and to do exactly what she's

asking

to do.

MR. GERAGOS:

Well, no.

Because

all he's doing is

saying

where

agree now that I won't do the six -- six tracks that

I'm --" contractually

-- trying to basically

create an illusory situation

they say, "Well, you don't have to be with me.

10

incentive,

11

popular

she's obligated

in fact there's a disincentive

And there's no
for her to become

at this point and for him to promote.

12

You're

still telling her that she's got to

13

record with the very same entity

14

100 percent

15

problem

that's controlled

by him who is the abuser.

That is what the

is.

16

THE COURT:

17

physically

18

issues.

19

Your argument

work with Gottwald

is that she cannot

because

she has all of these

By the way, and this is a -- I've noticed

20

reading,

21

I've had other motions

22

to.

I'll

in

and I have other -- all these other motions

.feet of papers.

in this case, so I've read feet,

And I'm -- you know, that's how many

23

papers

24

from a doctor

25

Even though you claim she has all kinds of physical

have been here.

There is not one piece of paper

saying this.

Robert

and

But that's besides

Portas, RPR, CRR

the point.

22

PROCEEDINGS
1

problems,

trauma,

otherwise.

nothing

issue

nothing,

nothing,

There are no hospital

here.

under seal or

records.

There is

But that isn't the issue here.

The

--

MR. GERAGOS:

THE COURT:

~OnlY

arguing

papers.

It is the issue.
Please.

reason I point

is n0tfacts,
They're

this out is what you're

as you argue often in a lot of these

conclusions,

they're

speculation.

She

10

is now being given the opportunity

11

asking me to presume

12

in a very competitive

13

this industry,

14

not going to want to make money on their investment,

15.

you're

16

Records

17

what they ask him to do or that they can't take over and

18

promote

19

who work for Kemosabe

20

asking me to assume that they won't want to promote her

21

recordings,

22

real issue here, and throughout

23

thread,

24

Now she's being given the opportunity

25

him.

that an entity

to work.

You're

such as so~who
~

position

with

-- with

you're asking me to assume

asking me to assume

is
UlMf'lI:l\l~

the few '" in

that they're

that they, who own Kemosabe

-- and I can't believe

her; there are plenty

that Gottwald

of people

who work in Sony

other than Gottwald

which is another

-- another

can ignore

-- you're

issue.

But the

the case, this has been a

is that she says she cannot work with Gottwald.

I don't understand
Robert

to work without

why I have to take the

Portas, RPR, CRR

23

PROCEEDINGS
1

extraordinary

measure

of issuing an injunction.

MR. GERAGOS:

Well, because,

they have opted for it by only asking

of all, in the -- following

was the reason

supplemental

Sony let her record,"

Luke was,

10

up with what your argument

is,

why I gave the

and their response,

"We categorically

with competitors

reject

Well, you're

both by Sony and

that."
asking

that she record

of Sony, and they rejected

MR. GERAGOS:

No, no.

offered

13

her home,

14

was.

15

solve it, and why doesn't

16

categorically

17

is what they've

18

which

for this to be

so to speak, to be at Sony.
fine.

for

That's where she

Devoid of Dr. Luke.

Why doesn't

that

the fact when they say, "We

reject everything
embraced,

that.

We have at all times

for Sony to do the recording,

That's

Second

where we said, "This is what we'll do, let

12

that you've posited

they categorically

today,"

rejected,

is why we filed it in the supplemental.

19
20

for damages.

that I sent the letter,

THE COURT:

11

first of all, legally

THE COURT:

So you're

saying you would agree for

her to record under the auspices

21

MR. GERAGOS:

22

THE COURT:

of Sony.

Correct.
The

she's still going to be paid

23

under

24

provides

25

she -- that she would agree to record under Sony?

the KMI contract.

So whatever

will be the payment,

Robert

the KMI contract

but are you agreeing

Portas, .RPR, CRR

that

24

PROCEEDINGS
1

MR. GERAGOS:

THE COURT:

Correct.
And that the payments,

though, would

be under KMI contract.

MR. GERAGOS:

Payments

can come -- they can come

from on high for all I care about.

offer

highest

that's why we filed the supplemental.

And we've made the

that she can record with Sony.

levels at Sony.

THE COURT:

10

the letter.

11

one.

I've talked with the

That's why the letter was sent,

Well, it doesn't

look like that was

But let me hear from the other side on that

12

MR. GERAGOS:

13

MS. LEPERA:

Thank you, Your Honor.

14

We represent

Dr. Luke Gottwald,

15

Prescription

Okay.

Songs and Kemosabe

Entertainment.

16

As Your Honor correctly

17

THE COURT:

18

MS. LEPERA:

19

As Your Honor correctly

--

Keep your voice up, please.

Yes.
noted, Mr. Gottwald

20

the president

21

subsidiary.

22

to the latter issue that was discussed:

and CEO of Kemosabe

24

asking

25

relief.

Records,

is

a wholly owned

Let me cut right to the chase with respect

This

23

Kasz Money,

Miss Sebert's

that Your Honor

come into this Court

-- asking

for extraordinary

She's asked for a preliminary

Robert

Portas, RPR, CRR

injunction

PROCEEDINGS
1

essentially

contracts

up through

label, Kemosabe

transferred

initial

denuding

and rewriting

Records.

upstream,

of any contracts

multi-contract,

10

business

11

production.

The copyrights

but Kasz Money

commercially

13

THE COURT:

14

MS. LEPERA:

15

THE COURT:

in a studio

Would there be a problem

Sony to take over promotion,

18

the tent of Kemosabe?

23
24

25

--

Sure.

17

22

at Sony under the Kemosabe

In other words,

supervision

of people

MS. LEPERA:
essentially

Robert

with -- all under

Records.

Well, that is

So there is no change that is

the relationship

Well, they're

asking

at Sony rather
The problem

what you're

with her

label and permitting

et cetera,

Kemosabe

where things are.

THE COURT:

in a

Well, let me ask you this: --

recording

required.

a relationship

sound and appropriate

16

MS. LEPERA:

for the rewriting

when the only issue is really about

The production

21

have been

still has the

no basis

to terminate

12

exactly

to a new Sony

and right to that.

relationship

20

of

into starting with her

RCA, all of which was assigned

There is absolutely

19

a multitude

which Kasz Money entered

transfer

25

-for the

than at Kemosabe.

with that, Your Honor,

saying and what they're

Portas, RPR, CRR

is

suggesting,

PROCEEDINGS

26

without

any legal basis, without

without

any breach of contract

claim,

another

Sony, Kemosabe

is not going to do a job in

promoting

have a CEO.

fulfill.

that are not even part of this record which involve --

which

and irreparable

recordings

contractual

11

MS. LEPERA:

12

THE COURT:

13

MS. LEPERA:

to Sony to

relationships

--

How?
-- and Sony.
How?
There would be effectively

breach of

contract.

15

THE COURT:

16

the contract.

17

would

Well, no, they would still be held to

Basically

what I'm suggesting

still be the Kemosabe

18

MS. LEPERA:

19

THE COURT:

-- she would be recording

21

still be all done under the copyrights

22

contracts

23

provided

24

Sony would have more oversight.

But basically

of KMI that are in place,

at Sony and
it would

in place, under the

she would get the money

under the KMI and the Prescription

Robert

it

Right.

Sony would have some oversight.

MS. LEPERA:

is Kemo---

label

20

25

they

in that fashion would create disruption

harm to my clients

THE COURT:

simply because

he has legal obligations

And there are multiple

if dismantled

is that somehow or

that are delivered

Ultimately

10

14

Records

any legal authority,

contracts,

but

Well, I don't know what that means

Portas, RPR, CRR

PROCEEDINGS

27

precisely,

have

about

have to go back to here is that -- and I will go through

the history

this -- that when Kesha was discovered

no one.

to seek to terminate

allegations

but here what we have is a situation

-- And, by the way, I have to say, this whole concept

the failure

to promote

and the speculation,

of it, I think it's very important

She left him.

She basically

the contract,

decided

Then when that didn't work and she couldn't

12

she went back to my client.

13

those horrific,

14

completely

15

concept

16

fact contrarily

supported

17

success

of what he did.

18

that trajectory

19

every step of the way.

This is all about

-- this is all this is about.

Notwithstanding

false, they made her famous.

about this retribution

because

get a new deal

having made

albeit vague and unsupported

THE COURT:

allegations,

So this whole

that is totally belied in

by this very clear record of her

She's only here because

and that KMI contract

that bettered

of

her at

And now

Let me ask you this:

What are you

now?

22

MS. LEPERA:

23

say this preliminary

24

The only counterclaim

25

she was going

of abuse back then in 2006 to get out of the

11

offering

to note

she asserted vague

contract.

20

what we

by my client she was

10

21

where we

THE COURT:
Robert

There's

-- here's

injunction

-- we're here to

must be denied on its face.

-What is the counteroffer?

Portas, RPR, CRR

You had --

PROCEEDINGS

28

In your papers

you say you are willing

record

any involvement

without

MS. LEPERA:

Yes.

to allow her to

of Dr. Luke.

Let me -- Let me just explain

that.

THE COURT:

MS. LEPERA:

Okay.

recording

contract.

What do you mean by that exactly?

So the KMI contract

exclusive

production

agreement.

a producer

goes into the studio with the artist

separate

11

Mr., you know, Gottwald's

12

They create

13

of KMI originally,

14

Records.

15

group,

16

but, as Your Honor properly

17

make money on this.

18

commercially

19
20

recordings.

it's not in

Those recordings

are the property

up the food chain now to Kemosabe

to Sony and the Kemosabe

of many different

people,

believe

they promote

it, et cetera.

And, by the way, Sony is a publicly

That's a question

for Sony.

so.
MR. EDELMAN:

24

THE COURT:

Yes, Your Honor.

And has and owes a duty to its

shareholders
Robert

to

it, they deem it

held corporation?
MS. LEPERA:

label

who have nothing

put it out, the incentive

They package

satisfactory,

23

25

-- a

office at the Sony building.

They are delivered

comprised

works is that

it's not in an office building

THE COURT:

21
22

studio,

It's not an exclusive

And how this business

10

is an

Portas, RPR, CRR

29

PROCEEDINGS
1

MS. LEPERA:

THE COURT:

MS. LEPERA:

THE COURT:

are supposed

-- to make money.

THE COURT:

MS. LEPERA:

10

what's

Also by Miss Sebert,

are basically

So here's

thrown

difference

13

production:

14

Your Honor correctly

15

inconsistent

16

specific

17

New York.

18

sue for specific

19

up the exclusivity

between

if her

in the toilet.

and it's ludicrous

the exclusive

to the

recording

and

The six tracks on the production

pointed

There's

side, as

out also, and is completely

with their argument,

performance

That's not

to suggest it.

the point with respect

12

of a personal

no election

performance,

you can't sue for

service

of remedy

contract

in

that we didn't

so, therefore,

we've given

obligation.

20

THE COURT:

21

MS. LEPERA:

22

THE COURT:

23

Right.
-- they are open to suit.

been happening

11

And

to act

MS. LEPERA:

recordings

Yes.

Am I correct?

And should they not act in a way they

Yes.

You can't force someone

to work --

Right.
-- in a situation

in which they don't

want to work.

24

MS. LEPERA:

25

THE COURT:
Robert

Right.
It's slavery.

Portas, RPR, CRR

You can't. do that.

PROCEEDINGS
1

MS. LEPERA:

30

Correct.

And we never sought that.

We simply

the exclusivity

effect

that it has to fulfill with the Sony company

ultimately

Kemosabe

And, you know, so all of these very commercially

contracts

sought that, and we continue

obligation

maintained

there were additional

Records,

and he has obligations

basis

11

it's simply a completely

12

something

for any effort

13

to rewrite

There's

Okay?

16

that are cited by plaintiff's

17

counsel

18

provisions

19

other party

20

deliver

25

going up to

to fulfill that.
reasonable

absolutely

zero

thing here, and

conclusion

not a breach of contract

15

24

a single

and that

that

is going to go awry.

Miss Sebert

23

There's

speculative

14

22

into obligations

contracts

must remain in place.

that

is in force and

from her to KMI, KMI then entered

10

21

to maintain,

claim by

in the entire case in anyplace

So any time there's ever been

counsel

for -- you know, challenging

in any court.

-- and the cases

-- by Miss Sebert's
of exclusivity

are only when there's been a breach by the

failing

THE COURT:

to account,

refusing

to want to

That was the lower court New York

case.
MS. LEPERA:
three cases

The lower -- there's

--

THE COURT:
Robert

Yes.

Portas, RPR, CRR

only two or

PROCEEDINGS
1

MS. LEPERA:
distinguishable

31

-- that they cite, all completely

--

THE COURT:

There are two cases they cite.

And

very different.

MS. LEPERA:

Milstead

and Then.

different,

single predicate

entire underpinning

of this case is that we sued for damages

both completely

distinguishable.

in any of these papers

for likelihood

relinquished

11

course,

12 .

specific

13

you can't sue for specific performance

14

to go do something.

15

remains

16

breach

17

royalties

18

an ancillary

19

Prescription.

our exclusivity

provision,

They basically

performance

and thereby
which is, of

say we had to sue for

to require someone

So what we did is we said the contract

to date, including

20

-- By the way, the

in order to have not waived that, but

in full force and effect,

we sued for damages

for failure

that are due on merchandising

basis,

There's not a

of success on the merits

10

not true.

Both very

for failing

to deliver

for

certain

and performances

to deliver

songs to

They come in and they say that we somehow

21

waived,

22

performance.

23

contrary,

24

not inconsistent

25

say, in furtherance

you know, by failing

to sue for specific

The law in New York's very clear to the

we cited it extensively

Robert

remedies,

in our brief, they are

they are both, as the courts

of promoting

Portas, RPR, CRR

and validating

the

on

PROCEEDINGS

32

contract.

judgment,

here about these abuse allegations,

completely,

that --

6
7

it's a technicality.

in fact, belied,

THE COURT:
preliminary

8
9

That is the only claim.

A declaratory

All of these comments

all of which are

I'm going

to get into

Well, let's just deal with the

injunction.

MS. LEPERA:
and I must address

But they've

it, because

raised

underpinning

11

of success

12

that we waived

13

is wrong under the law.

14

success

15

harm.

16

says she can't work with Dr. Luke, which

17

completely

18

mooted,

19

The recording

20

and he cannot be demoted

21

no basis

23
24
25

this preliminary

that, Your Honor,

there is no claim

10

22

in

injunction

on the likelihood

on the merits but for a declaratory

something.

on the merits,
Irreparable

So once you remove

now you're

dealing

by the record,

ultimately

there's

has to be delivered

argument

that

likelihood

of

with irreparable

harm -- the irreparable

unsupported

because

It's a technical

judgment

harm is that she

I think is

but, however,

that's

no production

required.

to a Sony-owned

label,

or taken out of position,

there's

for doing so.

THE COURT:

record without

to allow her to

him.

MS. LEPERA:
The recording

But you're willing

Yes.

Well, that's

--

Robert

Portas, RPR, CRR

the production.

33

PROCEEDINGS
1

THE COURT:

MS. LEPERA:

THE COURT:

MS. LEPERA:

THE COURT:

without

Yes.
Yes.

Produce

without

I understand.

him.

The production.

Yes.
You're willing

to allow her to produce

him.

MS. LEPERA:

THE COURT:

Right.

irreparable

We said that clearly

And it would seem to undercut

the

harm argument.

10

MS. LEPERA:

11

know, not to mention

12

work

13

obviously,

we believe,

is choosing

14

delivering

recordings,

by not delivering

15

obligated

16

It's a question

17

on ice for two years"

Completely.

to do so.

There's

Not to mention

that they have.

And she

to do that by not
songs when she's

She's out there being able to perform.

of degree.

So this whole,

"She's been put

is solely of her own choosing.

no other irreparable

19

they have.

20

balance

21

arguments

22

what you've

23

position

24

years of good will, economic

25

the whole point of being

And I think Your Honor

of the equities,

because

harm argument

those are the only two

our side, and

got is you've got defendants

of being substantially

that

is correct on the

that she has the rest fallon

Robert

-- You

the point about her not being able to

is the only other argument

18

in the papers.

harmed

being put in a

in all of these

investiture,

the whole --

-- you know, being relieved of

Portas, RPR, CRR

PROCEEDINGS

34

contractual

rights and copyrights.

that point,

because

contracts

can't

is preempted

301 of the Copyright

you can't terminate

transfer.

clients

copyright

to invalidate

transfers.

these contracts.

under the Conflict

Clause, not

Act, as they mistakenly

a contract

that contains

cite, but
a copyright

And we -- and our

have off the food chain relied on those copyright

transfers

11

maintained.

and delivered

them up.

And so those have to be

So the relief that they're

13

very broad, very inappropriate

14

sustainable.

15

request,

16

the burden

17

here.

18

This Court

It's a -- the request

Preemption

And she's done that.

10

12

they're asking

that contain

invalidate

And I do go back to

Prescription

injunction,

under

the standards

from likelihood

19

success

20

the equities,

21

injunction

and it would be a serious

22

defendants

should any part of it be --

to irreparable

there is absolutely

and

of

harm, to balance

no basis for this

problem

23

THE COURT:

24

MS. LEPERA:

-- entertained.

25

MR. EDELMAN:

Good morning,

Robert

injunction

of such -- of such relief

So on every single prong,

on the merits,

in this

is not

Songs' mandatory

simply not sustainable

that's required

requesting

for the

Let me hear from Sony.

Portas, RPR, CRR

Thank you.

Your Honor.

Scott

of

35

PROCEEDINGS
1

Edelman

of Gibson,

Dunn on behalf

of Sony.

Your Honor, we're here in a unique position.

you pointed

this case, either Kemosabe

the cause of action on which the injunction

predicated,

nominally

seeks to enforce

agrees

out, we have no claims

that we've asserted

Records

or Sony Music.

the first cause of action,

name Sony Music,

Kemosabe

the assent,

is

Records,

The basis of this injunction

election

12

Records

13

filed a claim against Miss Sebert.

of remedies

it actually

by which she

not engaged,

So there really

15

the framework

16

consider

17

Music,

18

this entire

19

against

with respect

and Sony
on which

to be based.
about

commercial

21

Music and Kemosabe

22

We were as clear as we could be, through

23

of Daniel

reasonableness

Records

and how Sony

will act in this situation:

Zucker, who is the executive

the declaration

vice president

-_

Mr. Zucker does put in a -- a very

affidavit.
Robert

to even

Records

of remedies

to your question

-- commercial

we haven't

Your Honor,

20

THE COURT:

to be an

when you look at

Kemosabe

there's no election

PI purports

because

is no basis,

of how we're before

an injunction

because

purports

in which Sony Music and Kemosabe

have obviously

.14

robust

And,

while it does

the agreement

11

25

in

to record with Sony Records.

10

24

As

Portas, RPR, CRR

PROCEEDINGS
1

MR. EDELMAN:

36

And we spent a lot of time on it,

Your Honor, both to detail

the irreparable

Music and Kemosabe

would suffer having invested as

much money as they did in what is essentially

business

in the hope that she will be successful.

she was.

Records

to support new artists,

harm that Sony

an R&D

spend millions

of dollars

And in this case

And, then, to point out, as we -- as Mr. Zucker

does in Paragraph

15 of his affidavit,

10

the RCA recording

agreement

11

to hire Gottwald

12

has been and remains willing

13

whom Kesha can work other than Gottwald.

14

Your Honor,

15

January

16

expressly

17

Luke, Luke's engagement,

18

producer

19

does not have to work with Dr. Luke if she does not want

20

to.

21

to produce

that nothing

or the assent obligates

records,

agreement,

27th of 2009 and is before

on any of her albums.

producers

And, in fact,
which is dated

and - - to approve

engagement,

Under

22

going

23

Sony would

24

has tried to get Miss Sebert to continue

25

is also in Paragraph

to support Dr. Luke at the expense

like Miss Sebert to continue

15 of Mr. Zucker's

Port as , RPR, CRR

as a

that agreement

Sony has not in any way indicated

Robert

with

Your Honor,

gives Miss Sebert the ability

Dr. Luke's

Kesha

and Kemosabe Records

to approve

the RCA recording

in

she

that it's

of Miss Sebert.
to record, Sony
to record--that
declaration--she

PROCEEDINGS

37

has refused

to do so because

motivations

with respect

interest

is in her success,

success,

they are not in the least bit mutually

exclusive.

she has her own, we believe,

to this lawsuit.
our interest

And so the proposal

which

But our
is in Dr. Luke's

the parties

have made,

which

self-interest

that is Dr. Luke does what he does with his company, with

is a very real commercially

proposal

in

is for them both to succeed, and

10

other artists,

11

producers

12

A&R, marketing,

13

interface

14

has to have no interface

15

grounded

and Miss Sebert records

under the Kemosabe

everything

Records

with other

umbrella,

else she has to have no

-- and, of course,

recording,

production

this to provide

16

to this hearing,

17

for any kind of preliminary

18

turn the law on its face to enter an injunction

19

against

Sony Music, Kemosabe

20

parties

in a situation

21

cases on which they rely, very distinguishable,

22

bankruptcy

23

record

company

with a remedy

which refused

THE COURT:

25

MR. EDELMAN:
Robert

her, prior

that does obviate

injunction.

Records

the need

And it would
either

or any of the Luke

where, as you point out, the two

another

24

-- she

with .Dr. Luke.

So we have positioned

context,

promotion,

involving

breaches

to account

one in a
by a

--

Right.
-- to a recording

Portas, RPR, CRR

artist.

There are

PROCEEDINGS

38

no allegations

any -- they may have their allegations

between

obviously

deposition

about any breach of contract

fit within

8
9

like that here, certainly

testimony,

which are

by Dr. Luke and by prior

but there's

certainly

no allegation

which could possibly

help them

the cases that they cite.

So we, Your Honor, respectfully

under

see no basis

the law, nor the facts, for any sort of preliminary

10

injunction

11

which

12

consider

13

is doing many other things, as we put in the record.

and we think we've put forward a solution

is an equitable

14
15

of

about .what happened

Dr. Luke and -- and Miss Sebert,

hotly contested

no suggestions

one which Miss Sebert should

and which would enable her to -- By the way, she

THE COURT:

I saw that in your papers.

You can

state them.

16

MR. EDELMAN:

17

touring,

18

recording,

19

very much out there.

20

she's -- she's

she's -- she's selling merchandise,

she's -- she's making

THE COURT:

21

being produced

22

it?

23

Well, I mean,

MR. EDELMAN:

-- she's doing -- she is

Well, recording

or disseminated

without

doesn't

Certainly

does

not in the way that we

have tried to get her back to the recording

25

Honor.
Portas, RPR, CRR

the recordings

really matter,

24

Robert

she's

studio, Your

PROCEEDINGS
1

And,

look, she was highly

first album.

was still successful.

her record again.

nothing

that does violence

between

that happen.

successful

with her

Her second album, while not as successful

better

Sony is very interested

So is Kemosabe

Records.

than to see that happen.

to the contractual

the parties

39

10

MR. EDELMAN:

11

THE COURT:

12

MR. GERAGOS:

We would like

An injunction

relationships

is not the appropriate

THE COURT:

in having

remedy to make

Okay.
Thank you, Your Honor.
Just one minute.

Just one minute.

Well, they state

-- you asked --

13

when

14

to see what their response

15

response.

16

record

17

that they -- that he just stay out of it, basically,

18

neither

19

no, and I don't think that they embraced

I finished

They didn't

say your suggestion

And, once again,

Paragraph

22

"Sebert agreed

25

They didn't give you a

-- Paragraph

they mislead,

12 or Footnote

that Gottwald

THE COURT:
you have anything

and

Ms. Lepera said

it at Sony.

because

the

12 states that,

has the right to produce

We've gone through

this already.

__

Yes.

The question

Portas, RPR, CRR

II

Do

that is not duplicative?

MR. GERAGOS:
Robert

that Kesha

KMI, your suggestion

one of them -- in fact, I believe

21

24

is."

"I'm want to -- I want

for Sony, she get paid through

20

23

last time you said,

that you asked

40

PROCEEDINGS
1

much me, would she do this, and then the question

asked of them they did not answer.

THE COURT:

Okay.

preliminary

likelihood

that's

going to base it on that.

showing

or the equities

injunction.

At this point

basically

the burden of the moving party.

irreparable

But I'm not even

opportuni ty to record,

11

have to have any interface

12

recording

13

to her if she does record without

She is being given the

she can record,

and producing,

there was a

harm that favors Miss Sebert

which favor her.

she has --.does not

at all with Dr. Gottwald

Sony, certainly,

16

destroyed

17

It's the ultimate

18

preliminary

19

ultimate

20

if the contract

really.

Gottwald's

relief requested

harm

involvement.

and copyrights

And it's the ultimate

injunctions

in

and there is no irreparable

On the other hand, there is irreparable

15

the

that has to be --

I don't believe

10

14

I am denying

There has been no showing of the

of success, because

of either

that you

harm to
were

relief,

frankly.

in the case, and

cannot be issued to obtain the

relief.
Also, what it does, what the relief requested

21

here does, when there is another

22

record,

23

commercial

24

that, really,

25

when she can record without

is undercut
system.

avenue

our whole system of contract,

our

And this Court can't be a party to

when there is no reason

Robert

to allow her to

Dr. Luke's

Portas, RPR, CRR

for that to occur,

involvement.

And

41

PROCEEDINGS
1

the equities

contracts

3
4

favor Sony and the contract

the

in this case.
And this shall constitute

of the Court on the preliminary

the decision

and order

injunction.

So let's move ahead now to the dismissal

motion

counterclaim.

wishes

-- motions.

to.

10

certainly

And, again,

these only deal with the

Who wants to go first?

Perhaps

Sony

Okay.

MR. MOVIT:

If I may go first, on behalf of

Mr. Gottwald?

11

THE COURT:

Oh, Mr. Gottwald.

12

MR. MOVIT:

Thank you, Judge.

13

THE COURT:

And let me just pull out those papers.

14

MR. MOVIT:

Jeffrey Movit,

15

THE COURT:

And let me just say before you begin,

16

so we -- it's all clear:

17

counterclaims.

18

is Motion

19

Songs,

Okay.

M-O-V-I-T.

This is dealing

And this motion

only with the

that you're

19, is on behalf of Mr. Gottwald,

Kemosabe

Entertainment

and KMI.

arguing, which
Prescription

Am I correct?

20

MR. MOVIT:

That's correct,

21

THE COURT:

There are -- there was an amended

22

answer

23

eight counterclaims.

24

counterclaim

allege

25

they involve

the contracts.

with counterclaims

Robert

Your Honor.

and there are, from what I see,

The first counterclaim

-- they are declaratory
And, basically,

Port as , RPR, CRR

and the last

judgments,

but

I believe

the

PROCEEDINGS
1

first counterclaim

counterclaim,

Prescription

4
violation

against

counterclaims,

10

violence,

as are all of the

3, 4, 5, 6 and 7.
three alleges

Law, Section

a violation

and that's against

City Administrative

of New York

79(n), and that's bias-related

all defendants.

Four is a sexual harassment

claim under New York

Code 8-107(a).

Five is another

sexual harassment

New York City Administrative

15

Administrative

17

violation

18

Law 8-107(13) (b) (1) and

(2).

Code 8-904, alleging

gender-motivated

of that -- of that section.

Seven is a claim of intentional

19

emotional

20

the defendants.

distress.

And that, again,

infliction

of

is against all of

21

So why don't you address

22

MR. MOVIT:

23

If I may start with the statutory

25

claim under

Six is a claim under New York City

16

24

alleges a

of New York State Human Rights Law, and that's

Civil Rights

13
14

for the most part.

two, the second counterclaim,

Number

11

12

contract,

and the last

8, deals with the

all of the defendants,

8
9

deals with the KMI contract

which is Number

Number

42

these.

Thank you, Your Honor.

and tort

claims?
THE COURT:
Robert

Right.

And each one is a little

Port as , RPR, CRR

43

PROCEEDINGS
1

different.

2
3

MR. MOVIT:
groups,

Yes.

for efficiency

And I plan to address

sake, in.that's

THE COURT:

Okay.

MR. MOVIT:

But, generally,

counterclaims

Mr. Gottwald

this is vociferously

disputed

deposition

by Miss Sebert

largely
against

testimony

10

today we're on a 3211 motion,

11

Court

Miss Sebert's amended

assaults by

As the Court is aware,

by Mr. Gottwald,

and there's

to the contrary.

So

so that's not before the

today.

12

The first alleged

13

counterclaims

14

back

15

incident

16

counterclaims

17

incident

18

counterclaims

19

of physical

20

subsequent

21

counterclaims

22

alleged

23

unsatisfactory.

24

alleged

25

fine, Your Honor.

focused on two alleged

Miss Sebert.

them in

assault

is a purported

incident

in 2005; the second alleged

on an airplane

in a hotel room

assault

in late 2008.

don't contain

of purported

in the amended

is a purported

The amended

a single other alleged

physical

contact

-- the amended

don't allege a single other purported

contact between

to 2008, rather,
largely

behavior

threats

and Miss Sebert

the remainder

focus on alleged

And there is no dates

of the

threats and other

that Miss Sebert alleges

was virtually

for any of these

in the counterclaims.

Now, it's notable,

Robert

Mr. Gottwald

Your Honor,

Portas, RPR, CRR

event

that

44

PROCEEDINGS
1

Miss Sebert's

cause of action

assault

foreclosed

counterclaims
arising

and battery,

5
6

they're

require,

two separate

and that's because

Assault

it's so obviously

and battery,

two separate

torts, but they, I believe,

it's a one-year

statute of limitations

MR. MOVIT:

That's

THE COURT:

-- and clearly

10

MR. MOVIT:

Clearly

correct,

would be barred.

would be barred.

To try to avoid these statute

one-year,

14

variety

15

that are completely

16

such as these employment

17

there needs to be either the plaintiff

18

resident

19

I'll get to, or hate crime statute,

20

crime is alleged

Yes, Your

instead

the amended

of causes of action

the alleged

of limitations

counterclaims

of

assert the

largely based on statutes

inapplicable

to the alleged

discrimination

acts happening

facts,

claims for which

being a New York

in New York, which

even though no hate

here.

And if I may now address

these causes of action

22

which we submit are all completely

23

facts or barred by the statute of limitations.

25

--

Your Honor.

13

24

would

Honor.

12

21

call them

statute of limitations.

11

the obvious

from these allegations,

by the one-year

THE COURT:

don't assert

The second,

inapplicable

to these

fourth and fifth causes of action

are all under the New York State and New York City Human
Robert

Portas, RPR, CRR

PROCEEDINGS

45

Rights

Law, as Your Honor has noted.

action

is under New York State Human Rights Law and the

fourth and fifth are under the New York City Human Rights

Law, all for alleged

employment

The second cause of

sexual harassment

in an alleged

situation.

Now, since 1989 if not earlier

Department

has been clear that, quote,

allegation

that a discriminatory

New York or that a New York resident

10

against,

11

jurisdiction

12

Iwankow

the First
"Absent an

act was committed

was discriminated

New York courts have no subject

over the alleged

wrong."

matter

And that's

v. Mobil Corp., 541 N.Y.2d NYS

13

THE COURT:

You have it in your brief.

14

MR. MOVIT:

Yes, Your Honor.

15

THE COURT:

So you're

16

jurisdiction

17

arguing

no subject matter

as to which of the causes of action?

MR. MOVIT:

The second,

fourth and fifth.

18

Sony parties

19

which we would respectfully

20

we will defer to them as to that argument.

21

have an argument

affidavit,

incorporate

23

papers,

24

California

which we attached

by reference,

stated in her

to our motion

to dismiss

that she is not a New York resident.

resident,

THE COURT:
Robert

And the

as to the sixth, I believe,

Now, Miss Sebert has already

22

25

in

She's a

formerly
And these actions

Portas, RPR, CRR

all occurred

in

but

46

PROCEEDINGS
1

California.

MR. MOVIT:

That's her position,

been very clear on that in their earlier

action,

which we've also attached

THE COURT:

California

Am I correct?
MR. MOVIT:

That's correct,

THE COURT:

Alleging

10

MR. MOVIT:

That's correct,

11

And we've also stated

if this motion

13

sake, oppose

14

action

the motion

THE COURT:
another

-- there is also a
statutes.

Your Honor.

the same sort of conduct.

Your Honor.

in our motion papers that

we would not, for efficiency

to add those California

causes of

state's

I'm not going to make any decisions

on

laws.

17

MR. MOVIT:

Yes, Your Honor.

18

THE COURT:

Go ahead.

19

MR. MOVIT:

Now, the only real response

20

Miss Sebert's

21

is that we're purportedly

judicially

22

asserting

And we respectfully

23

that's without

24

be estopped

25

in this

to this case.

15
16

is granted

briefing

under California

12

And they've

to our motion papers.

And there is also

case still pending

yes.

counsel has in their papers

this argument.
basis.

As a threshold

that

to this argument

estopped

matter,

from
submit that
a party can't

from --

THE COURT:
Robert

Is that that you waived

Portas, RPR, CRR

subject matter

47

PROCEEDINGS
1

jurisdiction?

MR. MOVIT:

We cannot be estopped

if you'd

It cannot be waived.

from asserting

like we have a citation

No, your Honor.

that.

for Your.Honor.

THE COURT:

I understand.

You don't have to.

MR. MOVIT:

And, so that as a threshold matter.

Please.

7
8

can also go into, if Your Honor would

argument

10

what's

happened

in the California

In the California

12

THE COURT:

13

California

14

And, basically,

15

the fact that the allegations

16

invalidating

17

intertwined

18

required

venue

19

a better

venue.

20

case; I was interested

explicitly

22

rights,

23

statutes.

24

what happened

in the

in and read the decision.

were raised

it was based on
in terms of

And the actions

with the contract

actions,

were very

the contract

in New York and the judge felt this would be

That's

correct.

said she was not reaching

if any, Miss Sebert had under

THE COURT:
stayed

case.

I think to a great degree

MR. MOVIT:

21

account of

case --

I understand

the contract.

like, about why the

itself is based upon an incorrect

11

25

And we have --

the California
Robert

And the judge

the issue of what
the New York

And she did not dismiss

actions.

Portas, RPR, CRR

but rather

48

PROCEEDINGS
1

MR. MOVIT:

So we respectfully

That is all correct,

estopped

challenging

three causes of action

discrimination

dismissed

8
9

submit we're not judicially

and cannot be judicially

subject matter

estopped

jurisdiction,

for alleged

from

and that these

employment

under New York statutes

for lack of subject matter

THE COURT:

Your Honor.

should all be

jurisdiction.

Are there statute

of limitations

issues as well?

10

MR. MOVIT:

11

some arguments

12

incorporate

We've

-- The Sony parties

in that regard,

by reference

have made

and I will respectfully

those arguments.

13

THE COURT:

Okay.

14

MR. MOVIT:

If I may turn to the third and sixth

15

causes

of action which are similar,

16

THE COURT:

Yes.

17

MR. MOVIT:

Okay.

18

The third cause of action,

19

hate crime statute,

20

And the sixth cause of action

21

statute

22

the Administrative

23

action

24

violence

25

is under a New York City

violence,

Section

8-904 of

Code which gives rise to a cause of

a person who, quote,

motivated

"Commits a crime of

by gender."

And, again,
Robert

to recap, is under a

the New York Civil Rights Law 79(n).

for gender-motivated

against

Your Honor?

there is a one-year

Portas, RPR, CRR

statute of

49

PROCEEDINGS
1

limitations

damages

in New York for causes of action

for assault.

of violence,

by testimony,

alleged

7
under

it would

but, nonetheless,

purportedly

occurred

12

and contradicted

the only acts of violence

Even if

even if it was five years

with rape or criminal act,

still be barred.
MR. MOVIT:

correct,

That's correct,

Your Honor.

That's

Your Honor.
And, as we note in our papers,

while the

13

New York City Council has purported

14

seven-year

15

gender-motivated

16

by the CPLR, as set forth by the New York State

17

legislature.

18

Cordero

19

legislature

20

such as the statute of limitations,

21

can't create

22

of limitations

23

be by the judgment

24

assault.

25

acts

in 2005 and 2008.

the CPLR statute dealing

10

the only purported

which are highly disputed

THE COURT:

11

CPLR 2153.

And, again, Your Honor,

to recover

statute of limitations
violence,

to this claim for

that that attempt

is preempted

And that's set forth quite cogently

Epstein

V.

to record a

in the

case, that when the New York State

has so comprehensively

their own subclass

legislated

a field

New York City Council

of a tort with a statute

that's seven times longer than it should

Moreover,
Robert

of the New York State legislature

as a separate

Portas, RPR, CRR

and independent

for

grounds

PROCEEDINGS
1

to dismiss

non-conclusory

allegation

Mr. Gottwald's

purported

Miss Sebert's

Cordero

just a conclusory

statute

gender-motivated

allegations

these two causes of action,

gender.

in Miss Sebert's
conduct

allegation

recognized

tracking

violence

without

which have proven

on that ground as well.

Your Honor.

the cause of action,

That's

the verbiage

of the

15

MR. MOVIT:

That's correct,

Again,

17

limitations

18

Department

19

there's

20

action.

cause of action,

infliction.

the CPLR provides

in Section

Your Honor.

a one-year

2153 for lIED.

and Second Department

22

well have reached

23

conclusory.

Well, against

MR. MOVIT:

Robert

allege cause of

Mr. Gottwald

it.

-- I respectfully

to any purported

Portas, RPR, CRR

she may

maybe it's

may have reached

Not with respect

not with respect

statute of

The First

that high bar, although

But she certainly

lIED.

have made clear that

a very high bar to successfully

THE COURT:

factual

for -Intentional

submit,

when there's

it should be dismissed

THE COURT:

25

in the

to be true would actually

14

24

by

any substantial

If I may turn to the seventh

21

that

but doing no more, as to purported

11

.16

pleading

was motivated

case, the Court similarly

substantiate

13

there is no

And, again, quite cogently

10

12

50

interactions

in

51

PROCEEDINGS
1

the year before

2
3

this action was commenced.

THE COURT:
statute

MR. MOVIT:

limitations.

even conceivably

two alleged

submit,

giving

We're standing

arguably

assaults,

standing on

2005 and 2008.

rise to a claim,

11

occurred

12

it can't possibly

13

limitations.

14

Everything

wouldn't

else, we

rise to the level

that, in any event, all

-- all interactions

are claimed

more than a year before

prevail

THE COURT:
actions,

on the statute of

rise to the level would be the

in the counterclaim

interactions

to have

the action was filed, so

based upon the statute of

You want to deal with the two contract

the DJs.

16

MR. MOVIT:

17

With respect

Yes, Your Honor.

18

are not seeking

19

at this juncture,

20

and Kemosabe

21

action

22

enforceability

23

these two counterclaim

25

so you're

And we submit that the only acts that could

10

24

Okay,

of limitations.

15

Right.

to the first cause of action, we

dismissal

on behalf

only two of them, Prescription

Entertainment.

seeks a declaratory

Because
judgment

and interpretation

THE COURT:
not a Prescription
Robert

of all of our clients

defendants
I understand.

-Portas, RPR, CRR

Songs

the first cause of

regarding

of contracts

the
to which

are not parties.

It's a KMI contract,

52

PROCEEDINGS
1

MR. MOVIT:

That's right.

THE COURT:

--

MR. MOVIT:

There's

THE COURT:

Right.

MR. MOVIT:

--

THE COURT:

And eight?

MR. MOVIT:

And eight,

part of the injunction

Ms. Lepera,

10
11

and not Kemosabe.

This is the specific

I would

argument,

- - because

eight?

So basically
performance

you're

arguing

argument

That's correct.

13

THE COURT:

Okay.

14

MR. MOVIT:

As set forth in our papers,

16

damages,

17

contract.

18
19

difference

specific

THE COURT:
Miss Sebert

Okay.

there's

performance

you may sue for both in furtherance

MR. MOVIT:

21

MR. EDELMAN:

of the

Let me hear from Sony, and then

Thank you, Your Honor.

Good morning,

again, Your Honor.

Scott Edelman.

23

with respect

24

Kemosabe

25

big picture

records,

to Sony, Your Honor,

let me

and

let me step back and just focus on the

for a second.

Robert

no

and

can argue.

20

22

between

that --

again.

MR. MOVIT:

irreconcilable

it was

if my co-counsel,

12

15

--

controversy

as to that.

could address

THE COURT:

no justiciable

Port as , RPR, CRR

53

PROCEEDINGS
1

As -- as Mr. Movit explained,

alleged

one occurred

allegedly

acts of misconduct

on which Miss Sebert focuses,

in 2005, one allegedly

occurred

in 2005, 2008.

THE COURT:

And neither

any -- was even in the picture

MR. EDELMAN:

Records

wasn't

MR. EDELMAN:

11

THE COURT:

12

MR. EDELMAN:

14

makes

-- they both

Sony nor Kemosabe had

then.

That's your argument.

Not even in the picture.

Kemosabe

Until 2011.

10

familiarity

occurred

even formed

THE COURT:

13

the two acts, the

Thank you, Your Honor.

I know.
I appreciate

your intimate

with the record here, because

it certainly

all of our jobs a lot easier.

15

And, therefore,

when you look at the types of

16

allegations

17

against

18

general,

19

that they can't adequately

20

these causes of action.

21

the other arguments

22

are things

23

belief,"

I'm quoting,

24

Records,

LLC with Dr. Luke, 8ME had noticed

25

have been on notice of Dr. Luke's physically

that are made against

Kemosabe

Records and

Sony Music in these counterclaims,

so devoid of any specific

facts, so conclusory

form the basis

for any of

I'll get into the specifics

of

we have, but what you end up having

like Paragraph

Robert

they're so

48, "Upon information

and

"Prior to 8ME forming Kemosabe

Portas, RPR, CRR

or should
violent

and

54

PROCEEDINGS
1

emotional/abusive

Jane Doe female artists."

conduct

THE COURT:

3
4

they did not know.

she was fearful.

statutes

Kemosabe,

Dr. Gottwald

highest

10

they

11

So your argument

So you're

even

13

Records

because

let's deal with

of Dr. Gottwald,

was the CEO of Kemosabe,

there, so you're

there is no action here?

Yes.

was even caused

THE COURT:

15

talking

16

no entity

very high, the

saying that without

No cause of action?

Absolutely.

Because,

even

--

Right.

In terms of that, we're

about that and you're also talking

about there was

then.

17

MR. EDELMAN:

18

THE COURT:
limitations

There was no entity.

And, you know, there are statute of

issues.

20

(Brief pause due to microphone

21

THE COURT:

22

MR. EDELMAN:

23

(Brief pause due to microphone

24

THE COURT:

25

and

-- You know, the events all took place before Kemosabe

14

19

saying under any of these

who was the employer

MR. EDELMAN:

12

is that -- is that

She said that she never told anyone,

Kemosabe,

official

knowledge

towards Miss Sebert and other

hear without

Okay.
Yes.
feedback.)

Let's turn it off and see if we can

it.

Robert

feedback.)

Portas, RPR, CRR

55

PROCEEDINGS
1

MR. EDELMAN:

Yes, I am saying that because

Okay.

I'll speak loudly.

Kemosabe

was formed three years after the alleged

it -- it can't be liable under any theory.

proceeding

cannot

do in any event under

7
8

under a respondeat

THE COURT:

superior

2008 incident
They're not

theory, which they

--

But they -- but there is -- there is

that -- there is the case, the Fourth Department

MR. EDELMAN:

10

THE COURT:

11

MR. EDELMAN:

12

held,

13

you had an employee

14

THE COURT:

case --

The Father Belle case?

Yes.

in the context

Yes.

And the Father Belle case

of an employment
claiming

relationship,

where

--

It's not clear if you have someone as

15

an -- who is an independent

16

whether

17

this has to be an employee

18

everything

19

reach that far.

contractor

it's clear or not, whether

else.

Records

-- I don't know

the target of all of

only, in terms of workplace

and

But -- but I don't know if we have to

20

MR. EDELMAN:

21

Honor might have some questions

22

have an employee?

23

And

24

these events,

25

what the Court refers to in that case as the after-the-fact

Okay.

as to whether

you have to

You have to have an employer.

-- and Kemosabe

Records

the events

Robert

But -- but -- So maybe Your

You know.

was not an employer during

in question,

Portas, RPR, CRR

nor was there the,

56

PROCEEDINGS
1

acceptance

and forgiveness

THE COURT:

not the only issue.

of the conduct.

Well, that was one issue.

MR. EDELMAN:

That was not the only issue.

I'm just saying,

that case, and that was the standard

the Court.

that, by either Kemosabe

knew about the conduct,

10

Records

11

Records

against

13

conclusory

14

of these particular

15

Records

allegations

the arguments

17

already

familiar

18

at the time.
the allegations

and Sony Music you find very

that don't meet the test for any

through

we've made, which

with from the papers,

The first cause of action

19

we're not moving against.

20

enforce

21

a hard time reconciling

22

papers

23

to dismiss

25

or of Sony, none of which

Let me just walk quickly

action,

the agreement,

the causes of

I know you're
Your Honor:

for declaratory

She essentially

with her preliminary

relief

seeks to

the assent agreement,

which went every which way.

which we had
injunction

But we haven't moved

that cause of action.

The second cause of action

for violation

New York State Human Rights Laws, we've pointed

Robert

Port as , RPR, CRR

by

in this case of -- of

causes of action.

16

24

that was elucidated

So I think when you go through

12

in

much less in the case of Kemosabe

in existence

Kemosabe

But

that was one thing that was present

And there's no evidence

wasn't

That was

of the

out that

PROCEEDINGS

57

there was no employment

Records

that there's

no impact within

is required;

and we've pointed

of limitations.

second

prejudice.

we've pointed out

the State of New York which

to the three-year

For those three reasons

violence,
again,

11

conclusory

12

gender.

13

hate crime based on a motivation

14

adequately

15

of limitations,

16

liability,

17

Kemosabe

18

allegations

19

me, Your Honor.

as Mr. Movit pointed

allegations

case.

There's

certainly

that's been

a one-year

With respect

statute

of corporate

been no hate crime by

or Sony Music, my clients,

that can support

by

There is no

of gender

there is no imposition

Records

And,

that the abuse was motivated

pled in this case.

and no -- no

such a contention.

Excuse

to the fourth claim for sexual

21

harassment

22

relying

23

Morris

24

employment

25

that she, again, has not alleged

based on gender:

on First Department
Agency,

statute.

out, Miss Sebert offers very

We also cite to the Cordero

there's

with

is for bias-related

it's the -- the hate crimes

10

statute

we think the

cause of action should be dismissed

The third cause of action

,20

with Kemosabe

or Sony, which is required;

8
9

relationship

Again,

we point to the fact,

case, Samuels

versus William

that Miss Sebert did not have an

relationship

Robert

with Kemosabe

Portas, RPR, CRR

Records

or Sony,

impact within New York

PROCEEDINGS

58

City and that the claim is barred by the three-year

statute.

With respect

action,

Administrative

the same defenses

was not an employee

the alleged

that Kemosabe

to her claim, her fifth cause of

for sexual harassment

under New York City

Code 8-107 (13) (b) (1) and

that we've just asserted

of Kemosabe

misconduct,
Records

Records

on Gottwald

at the time of

and, again, Miss Sebert concedes

did not even exist at that time.

10

Plus the fact that, as we discussed

11

acknowledges

12

(2), I apologize,

earlier,

that she never reported

Her sixth cause of action

she

this to anyone.

is for

13

gender-motivated

14

violence

15

Administrative

16

applies

17

cannot possibly

18

fact that there's no impact within New York City,

19

extraterritorial

20

the Dormant

21

referred

22

conclusory,

23

limitations.

24

statute,

25

situation.

violence.

motivated

She alleges

by gender.

Code, Section

to individuals

If you look at New York

8-904, on its face it

who commit crimes of violence.

apply to my clients.

application
Dormant

In addition

Clause,

to the

which we've

and her allegations

their barred by a one-year

And, again,

It

of this clause would violate

Commerce

to in our papers,

are

statute of

looking at the language of the

there's no basis for corporate

Robert

a crime of

Portas, RPR, CRR

liability

in that

59

PROCEEDINGS
THE COURT:

Seven, again,

MR. EDELMAN:

THE COURT:
infliction

statute;

7
8

-- again,

Exactly.

a named party

THE COURT:
MR. EDELMAN:

11

THE COURT:

12

MR. EDELMAN:

--

Okay.
And, so, I think that's everything

from Sony Music and Kemosabe

Records,

Your Honor.

We would also urge you to invoke your discretion

16

which are a hodgepodge

17

appropriate,

the prefatory

although

THE COURT:

19

MS. GLANDIAN:
Glandian

allegations
of argument

incendiary,

18

22

And then -- and then we're

-- to eight.

to strike

21

and, again, one-year

In eight.'

15

20

reach intentional

right?

not actually

14

it doesn't

in terms of your client,

10

13

Now we're on seven.

MR. EDELMAN:

-- Are we up to seven?

the same

And then seven

in the counterclaims
and case law and not

pleading.

Thank you.

Now let me hear from Miss Sebert.

Good morning,

Your Honor.

Tina

on behalf of Kesha Sebert.

THE COURT:

that works.

See if you can do the mic.

See how

Okay?

23

(Brief pause due to microphone

24

MS. GLANDIAN:

25

I'm going to try address

Robert

feedback.)

I'll try speak up.

Portas, RPR, CRR

the arguments

by both

60

PROCEEDINGS
1

plaintiffs

overlap,

into groups

to address,

as the Court knows.

I think one of the fundamental

of their arguments

this as if it's two discrete

that's clearly

7
8
9

there is a lot of

is the fact that they -- they treat

instances

this is a course of conduct

ten-year

period

10
very

12

not defendants

13

them are?

counterclaims

make clear,

that we alleged

over a

in a very close relationship

THE COURT:

11

of abuse when

not the case.

As the first amended

c

flaws with both

--

Well, can I ask you something?

least, and this is almost a due process

14

Well, we believe

15

Mr. Gottwald

16

that the other defendants

17

had notice.

THE COURT:

18

complaint,

19

doesn't

20

give a defendant

21

itself or himself?

shouldn't

I'm talking

MS. GLANDIAN:

23

alleged

24

obviously

25

there were daily

enough and not -- it

but specific

so that the defendant

Yes, Your Honor.

two of the egregious

instances

-- I mean weekly,
Port as , RPR, CRR

enough to
can defend

And here we've

that took place, but

over the course of this ten-year

Robert

it's our position

about when you write a

it be specific

notice

against

certainly

And, of course,

have to be very specific,

22

issue, should

have notice of what the allegations

MS. GLANDIAN:

At the

relationship

daily, monthly

PROCEEDINGS
1

instances,

And,

all of which were not going to be detailed.

for purposes

THE COURT:

never

specifically

defend

over the ten-year

But they're

not detailed

says when any of this occurred,

what occurred

yourself

8
9

61

against
period

MS. GLANDIAN:
allege

at all.

where it occurred,

on what date.

How can you

some -- just the allegation

some conclusory
Well, again,

are things that were repeated

It

that

things happened?

a lot of what we
course of conduct.

So

10

all of the name calling,

11

examples,

12

haven't

13

dates and specifics,

14

that's part of what we've alleged,

15

continuous

16

so long wasn't able to file the instant

17

check hers.elf into rehab and was on the brink of, you know,

18

having

19

it was so severe because

20

happening

21

22

25

but those are things that were happening

been documented

over the ten-year

they were routinely

course of conduct,

an eating disorder,

to her.

and

period as far as
happening

and

that this was such a

which is why Miss Sebert for

of having

lawsuit and had to

suicidal

thoughts,

and

this was, on a daily basis,

So this is something

THE COURT:

What was the last contact

she had with

Mr. Gottwald?
MS. GLANDIAN:

23

24

you know, we've given lists of

checked

herself

into rehab in January

THE COURT:
Robert

So I know that after -- after she

Which was when?

Portas, RPR, CRR

PROCEEDINGS
1

MS. GLANDIAN:

62

January

of 2014.

her, he -- after that period of time.

continue

So he did still

to contact

THE COURT:

MS. GLANDIAN:

That's not in the papers.

I don't

say is that it was continuing

which

I think all the papers

until the present

time being,

is the time we had filed the lawsuit.

He did contact

THE COURT:
had no contact

10

And then the other

after 2013, something

MS. GLANDIAN:

like that.

That's what the other side has

11

argued

12

dismiss,

13

there isn't evidence

14

such to say that it was continuing.

15

had to clarify

16

to do that, but we think for purposes

17

today, which

18

well knows,

19

every favorable

in their papers.

Again,

Your Honor, obviously

before

for purposes

is a motion

the Court,

inference

THE COURT:

21

MS. GLANDIAN:

the allegations

we'd be happy

in which, as the Court

are taken in every -- with

to the -- the counter plaintiff.

Not conclusory
Correct.

allegations.

But, you know, leading up

to January

23

that's when she was at her most fragile,

24

checked

25

continue

2014 I think the allegations

make clear that

that's when she

in, and that the threatening

after that time period.

RobertPortas,

are

of why we're here

22

herself

to

And, you know, if we

obviously

to dismiss

all allegations

of a motion

this isn't summary judgment,

that by amendment,

20

side says that he

RPR, CRR

conduct did

PROCEEDINGS
1

THE COURT:

63

But to say that conduct

is threatening

or abusive

you have to be specific as to what happened and when it

happened,

at the very least.

specifics

are the -- the rape allegation

allegation,

is conclusory.

You have to be specific.

And it's not here.

both of which occurred

MS. GLANDIAN:

I believe

The only

or the other

in 2005.
one was 2005 and one was

2008, Your Honor.

is -- this is a unique case where we're

But, beyond

And

that, again, because

this

saying this wasn't

10

five specific

11

a continuing

12

you know, a doctrine known as the continuing

13

and we think this is

14

conduct

15

that they were working

16

all of their interactions

17

relationship,

18

their

19

levels we think the allegations

make clear that this was a

20

dynamic

and he did always exercise

21

this sort of dominance

instances

that we could detail,

course of conduct,

and, clearly,

for purposes

together

--

tort doctrine,

to establish

and that throughout

this was the dynamic of the

and it was continually

-- in all of their interactions,

that was always present

reinforced

in all of

and so on some

and control

over her and was --

But dominance

and control are not

22

THE COURT:

23

really what you're alleging.

24

But it's never spelled out.

25

he's threatening
Robert

there's

of the course of

in this case we think it's sufficient

closely

this was such

You're

alleging much more.

Just by saying,

or he's abusive,
Portas, RPR, CRR

"Threats,"

I don't know what you

PROCEEDINGS
1

mean by that.

defendants

defend?

64

And, worse than that, I don't know if the

know what you mean by that, and how can they

MS. GLANDIAN:

Again,

Your Honor,

if -- if there's

more

wants,

purposes

specifics

names he would call her, the way he would address her, and

specifics,

as far as those things

certainly

we can amend and add those things, but for

of -- again I think we have included a lot of

as to the types of things that he would -- the

10

those things,

11

with these two sexual incidents

12

his --

13

we think, perpetuated

THE COURT:
you're

15

that require,

16

or -- or certain

17

what

18

You have to get into detail.

alleging

and continued

specific violations

types of damages

MS. GLANDIAN:

20

THE COURT:
wasn't

22

of this.

23

it still doesn't

there.

type of atmosphere
So

it's conclusory.

And it's not a case where your client

And this had

this.

So she knows

this is the second amendment

and

give any facts.

MS. GLANDIAN:

Robert

statutes

Well

She was there throughout

there are plenty

here is

or harassment.

-- when one talks about harassment

21

through

of specific

you know, a -- a specific

19

25

this abuse that started

Well, you see, the problem

14

24

that the Court

Well, we think, Your Honor, that

of facts.

We think, obviously,

Portas, RPR, CRR

if they're

65

PROCEEDINGS
1

recording,

and what we're alleging

recordings

he would tell her,

doesn't

goes in, you're going to say what I do, you're not that

pretty,

out there."

conclusory

is absurd

as, "You are not that pretty,

matter

is that during these

"You're not going to -- it

what lyrics you want,

you're

not that special,

there's

To say that we haven't

allegation

I'm going to say what

a million

girls

-- we're making a

that this was gender motivated

when there is numerous,

specific

to me

allegations

you are not that talented,

10

you are just lucky to have me," or "There are a million

11

other girls

12

--"

THE COURT:

Well, the question

13

that sufficient

14

that's a real question.

15

When was this said?

16

under

17

Records

18

be a defendant?

statute

20

then becomes

to fit under these various

statutes,

But, also, the question

How often was it said?

of limitations?

even existed,

19

such

MS. GLANDIAN:

is
and

becomes:

Does it fall

Was it said before Kemosabe

so how could Kemosabe

Well,

let me address

or Sony be --

both of those

points.

21

As far as Kemosabe:

Yes, this was formed after

22

the initial

23

and 2008.

24

was a continuing

course of conduct

25

beyond

the formation

sexual incidents
But certainly,

-- beyond
Robert

that were alleged

again, we've alleged

in 2005
that this

that went far

date and was continuing

Port as , RPR, CRR

66

PROCEEDINGS
1

until at least 2014, well after Kemosabe.

THE COURT:

What was it that was continuing?

very important

under these statutes

discrimination

allegation

facts are, how they occurred,

All of that is really

case and in order to mount a defense.

8
9

there's

when they occurred,

by whom.

in order to make out the

I agree, Your Honor.

We think

-- I would have to go back and cite specific

10

examples,

11

course

of conduct

12

things

like he cruelly

13

weight,

14

people

15

to do these things.

16

their entire

17

continued

but we've made it clear that this was a regular

including

in all of their interactions.

and incessantly

blatantly

to humiliate

18

her, he repeatedly

her

would instruct her

And this is something

relationship,

which clearly

well after Kemosabe

19

cited cases that say if you're

20

official

21

equally

in a entity,

criticized

You know,

doing so in front of other

that compromised

-- clearly

was formed.

And, as far as Kemosabe

22

and under any

that you know exactly what the

important

MS. GLANDIAN:

It's

goes:

Again, we've

a high enough ranking

then the corporation

is liable

with the -THE COURT:

It depends

on the conduct.

23

what I'm telling you.

24

her,

25

going to use your lyrics," why would

So if you're

And that's

saying that he told

"Your lyrics are not good, they can't come in, I'm not

Robert

Portas, RPR, CRR

that fall into any of

67

PROCEEDINGS
1

these statutes?

the producer.

not fall into any of this, but it's important

issue be specific.

too heavy or he called her fat, I'm not sure what your

allegation

when it happened,

don't know what the standards

said, I don't know how it was said.

10

They have a business

relationship,

he's

I don't know that -- I mean, that may well

If you're

is, because

that that

saying he told her she was

it's not clear from the record or

but they have a business

relationship,

are, I don't know why it was

All of these things

are important.

11

MS. GLANDIAN:

I agree.

And I think the standard

12

that the Court looks to is whether

this is generally

13

course

and also whether

14

furthers

15

specifically

16

the counterclaims,

17

and harassing

18

emotionally

19

with,

and scope of the employment

the corporate

interest.

that, "Gottwald

had a history

women and that he was verbally

abusive

to the recording

it

And we

argued that -- this is from Paragraph

including

20

movant's

in the

artists

119 of

of abusing

and
he worked

Miss Sebert."

And then we go on to argue that, "We've alleged

21

that his tortious

22

corporate

23

and his related

24

aspect

25

Gottwald

conduct

movant's

actually

business

entities

of her career.

interest

the

as it allowed him

to have full control over every

For instance,

used the suffocating

Robert

furthered

control

Portas, RPR, CRR

we allege that
he had over her to

68

PROCEEDINGS
1

trap her into longterm contracts

extortive

and

"

THE COURT:

Wait a second.

that's

whole other

that's different.

business

her -- her career because

-- you're

fraudulent

What I'm trying

THE COURT:
intertwine

Those contracts,
inducement,

-- I mean, that's an allegation

which is a

that isn't

to say is this was a

and, in fact, he did have control

MS. GLANDIAN:

10
11

alleging

relationship

which were one-sided,

of the contracts

Sure.

in place.

But--

And I don't think you can just

all of that.

12

MS. GLANDIAN:

13

THE COURT:

It goes far beyond

If you're

alleging

that.

violations

14

rights

15

be specific

16

that -- that hate crime, that gender bias, when it

17

occurred,

18

of these different

19

involved,

20

really

21

your complaint.

22

of

laws and hate crimes and discrimination,

as to what constituted

particularly

when you're

entities,

some weren't

MS. GLANDIAN:

you have to

that discrimination,

alleging

it against

all

and some of them were -- were

involved

is very fact specific

of human

at the times.

I mean, it

and you need those facts in

I just think this case is different

23

from a lot of cases when an executive

or an employee might

24

commit

or discrimination,

25

because

some sort of sexual harassment

usually
Robert

that's very unrelated

Portas, RPR, CRR

to advancing

the

69

PROCEEDINGS
1

corporate

other context,

restaurant,

bearing

interest.

had these entities

that he wholly

by discriminating,

harassing

ten years has had her like a hostage

control,

10

You know, if an employee

if somebody

commits

a sexual

Here it's very different.

he's prevented

allegations

and making

THE COURT:
interest

at

in any

be it a law firm, be it a fast food

on -- in no way does it advance

11

12

interest.

tort it has no
the corporate

This is somebody who

owned,

he controlled

and

Miss Sebert he essentially

for

where he's had full

her from coming

this information

It still doesn't

forward about these

public.

advance

any corporate

to --

13

MS. GLANDIAN:

Sure it does.

14

THE COURT:

to discriminate.

15

MS. GLANDIAN:

Sure it does.

16

THE COURT:

17

MS. GLANDIAN:

Not in any legal sense.

Because

18

position

19

through

his continued

20

period,

had her in such fear.

21

the transcripts

22

earlier.

23

to understand

24

allege

25

told,

where she couldn't

he had her in a weak

take action

course of conduct
I mean,

in the deposition

sooner because

for this ten-year

I know they rely on

that she had years

You only need to read that deposition

that this is a frightened

here, has been threatened,

he.,

who's

in context

person who, as we
specifically

been

"If you dare ever do this, if you dare ever report

Robert

Portas, RPR, CRR

PROCEEDINGS
1

this to anybody

strike,

going

from her answers

genuinely

"I don't knows"

answer

can only conclude

duress

you've

70

you're going to be sorry.

had two strikes

and you wait and see what's

to happen with the third strike."

in that deposition

-- doesn't

to.

It's clearly

employer

11

her family's

it's somebody who is

that she should know the

it's because

there's

And one

fear and she's under

trying to kind of please her

and the person who's controlling

12

there's a lot of

that she's being evasive.

and she's responding,

10

And you can tell

know how to answer,

to questions

You've had one

her career and

career.

THE COURT:

I'm not even getting

into the weeds in

13

regard

14

issue at this point.

15

lack of any facts and the lack of any time periods and the

16

inability

to the deposition,

17

because

I don't think that's a

What I -- what disturbs

to defend against
MS. GLANDIAN:

me is the

this or to give notice.

And, again,

if that's the Court's

18

concern,

19

but we can certainly

20

this with the Court, and if the Court does want more

21

details

22

for purposes

23

that was continuous

24

interactions

25

cited numerous

certainly

I understand

this is our first amended,

-- you know, we've never addressed

we can definitely
of putting

a elaborate

them on notice

on that.

We thought

this is something

and it was part of all of their

and it was part of their relationship.

examples

Robert

of specific

Portas, RPR, CRR

And we

things he would say and

PROCEEDINGS

71

things he would do and how he would control

how he would also humiliate

THE COURT:

the contractual

the allegations

her.

Well, control

relationship

MS. GLANDIAN:

But the dynamic

music,

control

all were done with this general

that was another

over her.

of her music was part of

and was very different

because

her music and

played

from

into the

way he .would exert his

And the harassment

and discrimination

purpose

of controlling

10

every aspect of her life and her career and essentially

11

treating

12

did.

13

her like she was his property,

And we -- we think the allegations,

14

purposes

15

every reasonable

16

was something

17

their interactions.

18

allege more detail,

19
20

(/h

of a motion

to dismiss,

inference

again, for

are sufficient,

taking

that this was continuing,

that was routinely

Again,

is what he

this

done as part of all of

we're happy to amend to

if that's what the Court likes.

I'd like to move on and address. some of the

other

issues that were raised,

21

THE COURT:

22

MS. GLANDIAN:

if the Court's

Go ahead.
I know they discuss

the lack of

23

subject

24

on Miss Sebert not being a New York resident.

25

we initially

matter

jurisdiction

brought

Robert

over a few of the claims based

this lawsuit

Portas, RPR, CRR

Obviously,

in California,

that's the

PROCEEDINGS
1

forum

lives.

-- that's where she lives, that's where in Gottwald

3
4

THE COURT:
There's

72

different

And it's a very different

statutes

MS. GLANDIAN:

in California.

Correct.

relief under the California

And we were seeking

statutes.

The Court in that case stayed

belief

plaintiff's

-- and we think it's, you know,

arguments

statute.

the matter on the

in part due to

that she could get the same relief

10

that she could get in California

11

find ourselves

12

New York statutes

13

not a resident.

14

though we've raised estoppel

15

waived

16

think that, you know, the rest of the statute goes on to

17

say if there was a discriminatory

18

that's

in New York.

in New York, we've alleged

and they're arguing,
But that doesn't

these arguments,

Now we

under the

of course, she's

foreclose

and they've

-- even

said we've

that's not the only basis.

impact

We

in New York

sufficient.
I think just the fact that she's here, she's

19
20

been dragged

21

clearly

22

are the ones who argue that there was -- the Court had

23

general

24

continuously

25

this is not two isolated,

into court in New York,

shows the fact that

there's an impact on her in New York.

jurisdiction

over her because

doing business

Robert

she was

in New York.

distinct

Portas, RPR, CRR

Plaintiffs

events

And, again,
that we're

PROCEEDINGS

73

talking

about which occurred

talking

about a ten-year

we're here because

found,

course of conduct

there are clearly,

We're
in which

as the Court has

some ties to New York.

And so -- and these entities

that she has contracts

New York.

the harassment,

'relationship

So, clearly,

the abuse,

everything

certainly

had an impact

11

New York court to litigate,

12

against

13

her choice.

14

obviously

their

in New York.

She didn't

THE COURT:

16

MS. GLANDIAN:

17

THE COURT:

even her sexual allegations

what she was asking

20

court.

for.

MS. GLANDIAN:

24

suffered

it here.

-- that the contract

19

trying

bring

But

--

Correct.

sense, and was breached

23

initially

That wasn't

She asked in California

18

seeking,

into

its had an impact.

15

22

And,

by the fact that she was dragged

him that she was forced to do that.

21

in

the discrimination,

that encompassed

again,

as evidenced

of his are entities

with are doing business

10

25

in California.

because

be voided,

of these actions.

She was asking

in a

That's

the California

That was part of the relief she was

but what she was mostly

doing

in California

was

to have her day in court for the wrongs that she had
for over ten years.
THE COURT:
Robert

And she --

But part of the relief she was seeking

Portas, RPR, CRR

74

PROCEEDINGS
1

was the contractual

relief.

MS. GLANDIAN:

THE COURT:

contract

I understand.

So that raises

-- that raised the

issue.
MS. GLANDIAN:

Right.

But, again,

goes to the fact that this certainly

discriminatory

think there's

Because--

has had a

impact on her in New York.

any argument

THE COURT:

around

I have one question:

supposed

to judge or decide the statute

11

claims?

Because

MS. GLANDIAN:

13

THE COURT:

of limitations

Well--

It's not in the -- it's not in the

complaint.

15

MS. GLANDIAN:

16

continuing

17

allege

18

time that the complaint

19

that continued

21

How am I

I don't know when any of this happened.

12

20

And I don't

that.

10

14

this all just

tort doctrine

Again,

I think we've done enough to

that this is something

that was continuing

period

of --

I don't know what it is that was

And I don't know when it ended --

22

MS. GLANDIAN:

It was the gender

23

THE COURT:

because

24

MS. GLANDIAN:

It was the incessant

25

at the

was filed and this is something

over a decade's

THE COURT:
continuing.

we think under the

discrimination,
Robert

discrimination.

the complaint

sexual harassment,
Portas, RPR, CRR

doesn't
gender

gender-motivated

say.

75

PROCEEDINGS
1

violence,

all of these things which

THE COURT:

But what constituted

that?

statements.

-- you know, they

those are conclusory

just basically

was the specific

when it ended, when it started?

statute

one-year.

conduct?

of limitations

MS. GLANDIAN:
the standard

11

take favorable

12

continuing,

13

that this was a pattern

14

course

which is to

the fact that this was

a few incidents

that was continuing

She stopped

and then said

throughout

the

I believe

recording

two years ago?

it was in 2013, Your

yes.

18

THE COURT:

19

MS. GLANDIAN:

20

THE COURT:

21

MS. GLANDIAN:

22

THE COURT:
one can assume

And she went into rehab.

Early 2014.

Right.
About nine or ten months before.

So she stopped

recording

that the abuse stopped

MS. GLANDIAN:
again,

to dismiss,

of their career.

MS. GLANDIAN:

25

A lot of them are just

Well, again, we think that based on

and we've alleged

16

24

How do I assess the

arguments?

inferences,

THE COURT:

23

But what

So how can I -- how can I decide

of review for a motion

15

Honor,

They're

I mean,

repeat the words of the statute.

10

17

--

that's something
Robert

The contact

in 2013, so

then.

did not stop.

And,

that we could allege in more detail

Portas, RPR, CRR

PROCEEDINGS

76

if the Court would like, but there was contact after she

entered

rehab in January

THE COURT:

MS. GLANDIAN:

continuing,

None of that is in the complaint.

The complaint

and we thought,

THE COURT:

of 2014.

again,

Continuing

MS. GLANDIAN:

that over the ten-year

10

met until

11

conduct

12

threatening

13

enter rehab.

till when?

Well, we made
-- a decade,

shortly before

I mean,

so from the time they

2014 when she was forced to

But entering
conduct

15

to do with Gottwald's

16

Kemosabe's

17

result

18

all to do with what the conduct

19

MS. GLANDIAN:

rehab has nothing at all

or Sony's conduct or -- or

That's what she did.

that may be a damages

that this is

and it was clearly

her life in January

conduct.

-- we had alleged

filing the complaint

that was still present

THE COURT:

14

But that's a

issue, but that has nothing

at

was.

If I can refer to the complaint,

Your Honor ...

21

(Brief pause.)

22

MR. GERAGOS:

23

for purposes

again

20

just says that it was

I just address

While she's looking

that discrete

24

THE COURT:

25

MS. GLANDIAN:
Robert

No.

for that, could

point?

We don't tag team.

The continuing

Portas, RPR, CRR

I've looked.

conduct,

I guess, as

77

PROCEEDINGS
1

alleged

she stopped

her by not letting her work and not letting her do the

things.

in the complaint

THE COURT:
statutes.

MS. GLANDIAN:
tort doctrine,

was -- this obviously

health.

THE COURT:

12

MS. GLANDIAN:
nature

14

applies

of the conduct.
when somebody's
THE COURT:

16

MS. GLANDIAN:
tolling

18

doctrines

19

else.

20

something.

21
22

toll on her

she -that's not --

I think that goes to the continuing

And until

-- there's

a tolling

I believe

But equitable

MS. GLANDIAN:

there is equitable

causes

but

tolling

is something

-- specifically

does

And we think that's exactly

in this case

THE COURT:

24

MS. GLANDIAN:

Oh, no.
-- because

mental
Robert

that

in that state of mind, and so --

There is?

23

25

And until

That's when somebody

appropriate

under the

that until she -- this

that are applicable,

THE COURT:

--

But under the continuing

That's damages,

15

17

Right.

took a significant

11

13

the continuing

conduct.

again, we believe

emotional/mental

the control over

But that's not conduct

That's different

10

they still exerted

And this was part of, again,

5
6

recording

is the fact that they -- once even

Portas, RPR, .CRR

he caused her the

78

PROCEEDINGS
1

THE COURT:

MS. GLANDIAN:

purposes

was continuing.

specifics

No, it's very different.

Well, I think it's sufficient

of, again, a motion

to dismiss,

the fact that this

And, you know, again we could allege more

for the Court if the Court would like.

THE COURT:

MS. GLANDIAN:
is inclined

So you're

asking

for leave to replead.

We would ask, in the event that the

Court

we would ask the Court leave to amend.

to grant their motion

in whole or in part

10

THE COURT:

11

At this point I am going to reserve

Okay.

12

motions

13

to -- the moving parties

14

the record

to dismiss.

on the two

So I'm going to ask the parties

to order the record and E-File

and I will decide

15

MS. LEPERA:

16

MS. GLANDIAN:

17

MR. EDELMAN:

18

(Whereupon,

19

this in writing.

Okay.

Thank you, Your Honor.

Thank you, Your Honor.
Thank you, Your Honor.
the above-captioned

proceedings

were concluded.)

20

000

It is hereby certified that the

foregoing is a true and accurate
(transcrip,t of th?) proceedings.

21
22

23

(
(

24
25

for

~-

ROBERT PORTAS, RPR, CRR

Senior Court Reporter
000

'fJE~ER
"OR~~~~
Robert

Portas, RPR, CRR

after-the-fact
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actually (4) 35/7 50/9 59/8
32/3 38/1 38/2 44/2 47/15
48 [1] 53/22
67/21
50/9 53/16 56/11 56/13 57/11
49th [lJ 2/3
add [2] 46/13 64/6
57/18 58/21 59/15 60/12
addition [lJ 58/17
62/13 62/18 62/20 62/22
5
additional.
[2] 17/25 30/6
63/19 65/8 69/10 71/5 71/13
54 [11 1/2
address [13] 8/2 8/5 32/9
73/11
541 [1] 45/12
42/21 43/2 44/21 52/9 59/25
allege [10] 41/24 43/18 50/19
550 [1] 2/17
60/1 64/9 65/19 71/19 76/23
61/9 67/24 69/24 71/18 74/17
addressed [1] 70/19
75/25 78/4
6
adequately [2J 53/19 57/14
alleged [31] 4/7 43/6 43/12
60 [lJ 1/17
Administrative
[6J 42/12
43/14 43/16 43/21 43/22
60 million [1] 20/12
42/14 42/16 48/22 58/5 58/15
43/24 44/15 44/18 44/20 45/4
644 [1] 2/8
advance [2J 69/4 69/11
45/4 45/11 48/5 49/6 51/7
653118/14 [11 1/6
advancing [lJ 68/25
53/2 55/3 57/25 58/8 60/8
Affairs [lJ 2/19
60/23 61/14 65/22 65/23
7
affidavit [4] 20/1 35/25 36/9
67/20 72/11 75/12 76/8 77/1
79 [2J 42/9 48/19
45/22
allegedly [2] 53/3 53/4
affidavits [11 6/3
all.eges [4J 42/4 42/8 43/22
8
after [11] 55/3 55/25 61/23
58/13
8-107 [3J 42/12 42/14 58/5
61/23 62/2 62/9 62/25 65/21
alleging [10] 6/2 42/16 46/9
8-904 [2J 42/16 48/21
66/1 66/17 76/1
63/23 63/23 64/14 65/1 68/4

arguing [6] 6/12 22/B 41/17

45/15 52/10 72/12
[2] 6B/13 6B/17
alleging ...
argument [20J 11/11 20/24
allow [10J 7/16 7/19 9/5 11/9
21/16 23/4 29/15 32/12 33/9
16/1 20/9 2B/1 32/22 33/5
33/12 33/1B 45/1B 45/20
40/21
46/20 46/22 47/9 52/B 52/11
allowed [1] 67/22
53/6 54/3 59/16 74/B
allowing [lJ 11/15
arguments [10] 33/21 4B/ll
almost [lJ 60/11
4B/12 53/21 56/16 59/25 60/4
already [17] 11/5 11/19 11/23
72/9 72/15 75/7
12/3 12/4 13/2 13/3 13/16
arising
{II
44/2
13/19 13/22 13/25 16/20
around [1] 74/8
17/11 lB/12 39/23 45/21
artist [5J 10/24 13/1 16/16
56/17
2B/9 37/25
also [28] 2/16 3/14 3/14 4/1
artists [10J 5/24 7/13 12/1
4/2 4/20 6/4 6/6 7/19 13/24
12/11 13/B 20/25 36/5 37/10
13/25 lB/1B 20/22 29/B 29/14
54/2 67/1B
36/25 40/20 46/4 46/5 46/5
as [77] 5/17 5/1B 5/24 6/4
46/11 47/B 54/15 57/12 59/14
6/25 7/2 10/19 12/23 lB/24
65/14 67/13 71/2
21/3 22/B 22/11 24/16 24/19
alternative {ll
4/4
2B/16 29/13 31/24 34/6 35/2
although [2] 50/22 59/17
35/22 35/22 36/3 36/4 36/B
always [2] 63/20 63/20
36/B 36/17 37/20 3B/13 39/2
am [10] 5/2 B/l0 10/5 29/2
42/6 43/7 44/16 45/1 45/16
40/3 41/19 46/7 55/2 74/9
45/1B 45/20 46/23 47/7 4B/9
7B/ll
49/12 49/16 49/20 49/25 50/7
amend [3J 64/6 71/17 7B/9
50/11 52/5 52/14 53/1 53/1
amended [8] 41/21 43/5 43/12
55/14 55/21 55/25 57/10
43/15 43/17 44/13 60/7 70/1B
5B/l0 60/2 60/5 60/7 61/12
amendment [2J 62/15 64/22
61/12 62/17 63/3 63/12 64/5
amount [2J 20/1B 20/21
64/5 64/B 65/9 65/21 65/21
amplification
{ll
5/14
66/1B 66/1B 67/22 6B/15
ancillary [lJ 31/1B
69/23 71/16 73/3 73/10 76/25
Angeles [2] 2/9 2/13
aside [3J 6/10 6/11 9/20
another [llJ 7/1B lB/24 19/1B ask [13] 6/1 7/5 17/4 17/7
22/21 22/21 26/3 37/22 40/21
19/6 19/B 22/17 25/13 27/20
42/13 46/16 71/7
60/10 7B/7 7B/9 7B/12
answer [4J 40/2 41/22 70/5
asked [llJ 5/17 6/20 B/l B/4
70/7
14/B 17/6 24/25 39/12 39/25
answers {ll
70/4
40/2 73/15
any [52J 7/16 7/22 10/15
asking [27] 4/3 4/11 4/21
10/17 13/25 16/7 1B/6 19/15
4/25 6/7 7/24 B/ll 14/5
20/1 25/B 26/1 26/1 26/2
15/14 15/15 15/1B 15/23 lB/9
2B/2 30/10 30/14 30/15 31/7
21/4 22/11 22/13 22/15 22/20
34/22 36/1B 36/21 37/17
23/3 23/9 24/24 24/24 25/22
37/19 3B/2 3B/6 3B/9 40/11
34/2 73/19 73/19 7B/6
43/23 46/15 47/22 50/B 50/25 aspect [2] 67/24 71/10
51/9 53/6 53/1B 53/19 54/5
assault [6] 43/12 43/14 44/3
55/4 55/6 56/13 61/4 64/23
44/5 49/2 49/24
66/3 66/25 67/3 69/1 69/11
assaults [2] 43/6 51/7
69/16 70/15 70/15 74/B 74/11 assent [3J 35/B 36/10 56/20
anybody [1] 70/1
assert [2J 44/1 44/13
anyone [2] 54/4 5B/ll
asserted [3J 27/B 35/3 5B/6
anyplace [1]
30/14
asserting [2] 46/22 47/3
anything [8] 6/23 7/3 B/B
assess [1]
7S/6
9/14 16/6 20/B 20/20 39/24
assigned {ll
25/3
apart [1] 19/14
assume [5] 16/12 22/13 22/15
apologize
[1]
58/5
22/20 75/23
Appearances
[1] 1/22
assure (1]
10/17
applicable [1] 77/17
at [43J 3/25 5/19 5/22 6/14
application [1] 58/19
13/1B 19/21 20/B 20/11 20/22
applies [2J 5B/16 77/14
21/11 23/11 23/13 24/7 25/16
apply [lJ 5B/17
25/23 25/23 26/19 27/1B
appreciate
[1]
53/12
2B/ll 35/14 36/22 39/19 40/3
appropriate
[4] 25/9 39/7
40/11 51/19 53/15 56/10 5B/7
59/17 77/22
5B/9 5B/14 5B/23 60/10 61/3
approve [2] 36/12 36/16
62/23 63/4 66/1 6B/19 69/1
are [112]
70/14 74/17 76/14 76/17
aren't [3] 13/6 19/12 19/12
7B/ll
arguably [1] 51/6
atmosphere [ll
64/15
argue [4J 22/B 52/19 67/20
attached [2] 45/22 46/4
72/22
attempt [lJ 49/15
argued [2] 62/11 67/15
Attorneys [3J 2/3 2/7 2/12

auspices [1]
23/20
authority [1] 26/1
avenue

[2]

2/17

40/21

avoid [1] 44/12

aware [1]
43/7
away [2] 6/B 14/12
awrv '11 30/12

B
back [9] 11/3 27/4 27/9 27/12
34/1 3B/24 43/14 52/24 66/9
balance [2] 33/20 34/19
bankruptcy
[1] 37/22
bar [2J 50/19 50/22
barred [6J 44/9 44/10 44/23
49/9 5B/l 5B/22
base [lJ 40/7
based [llJ 17/4 lB/4 35/1B
44/14 47/9 47/14 51/12 57/13
57/21 71/23 75/9
basically [15J 3/23 4/24 6/5
21/6 26/16 26/20 27/7 29/9
31/11 39/17 40/5 41/25 47/14
52/10 75/4
basis [14] 25/7 26/1 30/10
31/1B 32/21 34/20 35/10
35/14 3B/B 46/23 53/19 5B/24
61/19 72/15
battery [2J 44/3 44/5
be [66] 3/2 4/4 4/12 5/5 12/7
12/19 15/2 15/3 lB/l0 21/7
23/12 23/13 23/22 23/24 24/3
25/15 26/13 26/15 26/17
26/19 26/21 27/23 32/19
32/20 34/10 34/21 34/22
35/10 35/1B 35/22 36/6 40/5
40/1B 40/23 44/9 44/10 44/17
46/24 47/2 47/3 47/1B 4B/3
4B/6 49/9 49/23 50/9 50/10
51/6 55/4 55/17 57/6 60/1B
60/19 61/1 62/15 63/2 63/3
65/17 65/1B 67/4 6B/15 69/2
69/2 70/1 73/17 76/17
bearing (ll
69/4
because [56J 6/25 7/1 B/4
10/B 10/15 11/4 13/3 13/10
14/1 14/15 14/1B 16/B 16/19
17/17 19/13 20/3 20/17 21/5
21/17 23/2 26/4 27/17 27/17
32/9 32/1B 33/20 34/2 35/12
35/17 37/1 39/20 40/5 44/3
51/20 52/7 53/13 54/6 54/11
55/2 61/19 63/B 67/6 6B/B
6B/25 69/17 69/1B 70/B 70/13
71/7 72/23 73/3 73/1B 74/2
74/11 74/23 77/24
become [2J
becomes
[3]

9/7 21/10
10/20
65/12

65/14

bed [3] 12/4 13/4 lB/23

bedroom {I]
10/22
been [19] 17/1B 21/23 22/22
25/4 29/10 30/15 30/1B 33/16
36/12 40/4 45/7 46/3 53/25
57/13 57/16 61/12 69/24
69/24 72/20
before [12] B/l0 35/15 36/15
41/15 43/10 51/1 51/11 54/12
62/13 65/16 75/21 76/10
begin [1] 41/15
behalf [7] 3/12 3/16 35/1
41/9 41/1B 51/1B 59/20
behavior [lJ 43/22
being [18J 7/3 7/3 7/21 10/23

B
being ... [14] 22/10 22/24
33/11 33/15 33/22 33/23
33/25 33/25 38/21 40/9 44/17
62/6 70/7 71/24
belied [2] 27/15 32/4
belief [2] 53/23 72/8
believe [17J 3/7 3/7 8/23
22/16 28/22 33/13 37/1 39/18
40/7 41/25 44/6 45/18 60/14
63/7 75/16 77/8 77/16
Belle [2] 55/9 55/11
beneficiary [1] 9/1
besides [1] 21/24
best [2] 16/14 16/14
better [2J 39/5 47/19
bettered [1] 27/18
between [5J 29/12 38/3 39/7
43/19 52/15
beyond [4] 63/8 65/25 65/25
68/12
bias [3] 42/9 57/8 68/16
bias-related (2] 42/9 57/8
big [lJ 52/25
bind [1] 15/9
bit [lJ 37/4
blatantly

(1]

66/13

blindly [lJ 6/20

both [16J 4/14 6/3 11/20
14/23 23/7 31/5 31/6 31/24
36/2 37/8 52/16 53/3 59/25
60/3 63/6 65/19
brand [1] 20/7
bresch [7J 11/14 26/2 26/13
30/13 30/18 31/16 38/6
breached [lJ 73/18
breaches [1] 37/22
brief [6] 31/23 45/13 54/20
54/23 59/23 76/21
briefing
{ll
46/3
bring [4J 15/12 18/6 18/10
73/13
brink [lJ 61/17
broad [3] 4/22 5/17 34/13
broad--to [1] 4/22
brought [3] 18/7 18/11 71/25
brush [lJ 18/22
bucket [1] 20/17
building [2J 28/10 28/11
burden [2J 34/16 40/6
busi.ness

[17]

2/19

11/22

16/13 16/13 17/16 17/17 18/2

19/16 25/10 28/8 36/5 67/1
67/7 67/22 68/7 72/24 73/6
but '83'

C
C.R.R [1] 1/24
CA [2J 2/9 2/13
California

[20]

14/18

15/10

15/11 45/24 46/1 46/6 46/6

46/13 47/10 47/11 47/13
47/25 71/25 72/4 72/6 72/10
73/1 73/15 73/19 73/22
call [2J 44/2 64/9
called [1] 67/5
calling [lJ 61/10
can [43J 3/4 3/5 4/23 5/22
7/14 8/16 9/3 10/17 10/21
10/22 11/1 11/1 11/1 13/20
19/22 20/15 22/16 24/4 24/4
24/6 36/13 38/14 40/10 40/25

47/8 52/19 54/24 57/18 59/21

60/10 60/20 61/5 64/2 64/6
68/10 70/3 70/8 70/19 70/21
75/5 75/5 75/23 76/19
can't [20] 18/3 18/15 18/22
20/3 22/16 22/17 29/15 29/20
29/25 31/13 32/16 34/4 34/7
40/23 46/23 49/21 51/12
53/19 55/4 66/24
cannot [llJ 6/2 7/7 21/16
22/23 32/20 40/18 47/2 47/3
48/3 55/6 58/17
captioned [1] 78/18
care [2]
7/11
24/5
career [7J 6/3 67/24 68/8
70/10 70/11 71/10 75/14
case [45] 9/18 13/21 18/6
18/8 18/10 18/11 19/7 19/8
20/2 21/21 22/22 30/14 30/22
31/9 35/4 36/6 40/17 41/2
46/6 46/14 47/10 47/11 47/13
49/18 50/5 55/8 55/8 55/9
55/11 55/25 56/6 56/7 56/9
57/12 57/14 57/22 59/16 60/6
63/9 63/14 64/20 66/7 68/22
72/7 77/22
cases [8] 19/7 30/15 30/24
31/3 37/21 38/7 66/19 68/23
categorically [3] 23/8 23/16
23/17
cause [20J 35/5 35/6 44/2
45/1 48/18 48/20 48/22 50/10
50/12 50/19 51/17 51/20
54/10 56/18 56/23 56/24 57/6
57/8 58/3 58/12
caused [2] 54/11 77/24
causes [16] 3/18 4/5 4/8
44/14 44/21 44/24 45/16
46/13 48/5 48/15 49/1 50/1
53/20 56/14 56/15 77/19
Centre [1] 1/17
Century [1] 2/13
CEO [4J 3/22 24/20 26/5 54/8
certain [3J 15/22 31/16 64/16
certainly

{17]

3/16

16/13

38/1 38/5 38/23 40/15 41/1

50/23 53/13 57/16 60/14 64/6
65/23 70/18 70/19 73/9 74/6
certified
[1]
78/20
cetera [2] 25/17 28/18
chain [2J 28/13 34/9
challenging [2] 30/17 48/4
change [1] 25/20
characterize
[1] 5/18
charge [lJ 10/20
charts [lJ 13/8
chase {ll
24/21
check [1] 61/17
checked [2] 61/24 62/24
choice
choose

[2]
[ll

17/11
16/20

73/13

choosing [2J 33/13 33/17

chosen [2J 16/24 19/4
CHRISTINE [lJ 2/4
citation [1]
47/4
cite [6J 31/1 31/3 34/6 38/7
57/12 66/9
cited [5] 19/6 30/16 31/23
66/19 70/25
City [llJ 42/12 42/14 42/15
44/25 45/3 48/20 49/13 49/20
58/1 58/4 58/18
CIVIL [3] 1/2 42/9 48/19

claim [15J 21/25 26/2 30/13

32/1 32/9 35/13 42/11 42/13
42/15 42/18 49/14 51/9 57/20
58/1 58/3
claimed [lJ 51/10
claiming

(1]

55/13

claims [llJ 9/17 15/4 15/6

15/7 15/9 15/12 35/3 42/24
44/16 71/23 74/11
clarify (1] 62/15
clause [3] 34/5 58/19 58/20
clear [15] 12/7 27/16 31/22
35/22 41/16 45/7 46/3 50/18
55/14 55/16 60/7 62/22 63/19
66/10 67/6
clearly [12J 33/7 44/9 44/10
60/6 63/11 66/16 66/16 70/7
72/21 73/3 73/7 76/11
client [5] 7/6 27/6 27/12
59/5 64/20
clients [5] 26/9 34/9 51/18
57/17 58/17
close [1] 60/9
closely [lJ 63/15
co [1]
52/8
co-counsel {l]
52/8
Code [5J 42/12 42/16 48/22
58/5 58/15
cogently [2J 49/17 50/4
come [7J 3/1 15/25 24/4 24/4
24/23 31/20 66/24
coming (ll
69/9
commenced [1] 51/1
comments [1] 32/2
Commerce [1] 58/20
commercial

[4]

16/11

35/20

35/20 40/23
commercially [6] 16/12 17/21
25/9 28/18 30/8 37/7
commit [2] 58/16 68/24
commits [2] 48/23 69/3
committed [1] 45/8
companies [2] 6/13 12/23
company [8] 3/13 10/8 10/9
10/21 12/22 30/5 37/9 37/23
compared [1] 20/18
comparison [2] 12/2 20/20
competitive [2] 12/24 22/12
competitors [1] 23/10
complaint [11] 18/18 60/18
68/21 74/14 74/18 74/23 76/3
76/4 76/10 76/19 77/1
completely [10] 27/14 29/14
30/11 31/1 31/6 32/4 32/17
33/10 44/15 44/22
comprehensively [1] 49/19
comprised [1] 28/15
compromised [1] 66/15
concede [1] 8/20
concedes [1] 58/8
conceivably [1] 51/6
concept [2J 27/2 27/15
concern [1] 70/18
conclude [1] 70/8
concluded [1] 78/19
conclusion [1] 30/11
conclusions [3] 13/5 13/6
22/9
conclusory [13] 50/2 50/6
50/23 53/18 56/13 57/11
58/22 61/7 62/20 63/2 64/17
65/7 75/3
conduct [28J 46/9 50/3 54/1

c
conduct ... [25J 56/1 56/9
60/8 61/9 61/15 62/24 63/1
63/11 63/14 65/24 66/11
66/22 67/21 69/19 73/2 75/5
76/11 76/15 76/15 76/16
76/18 76/25 77/5 77/6 77/13
Conflict [lJ 34/5
consider [2) 35/16 38/12
constitute {ll
41/3
constituted
[2]
68/15 75/2
contact [10] 10/15 10/17
43/17 43/19 61/21 62/1 62/3
62/9 75/24 76/1
contain [2] 34/3 43/16
contains
[1]
34/7
contention {ll
57/18
contest {ll
19/25
contested
[1]
38/4
contesting {ll
17/12
context [4] 37/22 55/12 69/2
69/22
continual.ly
[1]
63/17
continue [5]
30/2
36/23

36/24

62/3 62/25
continued

[4]

64/11

66/17

69/19 74/19
continues [4J 12/1 12/1 13/7
13/8
continuing
{20]
62/6
62/14
63/11 63/12 65/24 65/25 66/2
71/15 74/16 74/17 74/21
75/12 75/13 76/5 76/6 76/25
77/4 77/7 77/12 78/4
continuous (2)
61/15
70/23
continuously
[1] 72/24
contract [45]
4/6
4/18
8/19
8/22 9/17 14/12 14/15 15/19
17/5 17/5 17/7 17/8 17/9
17/9 23/23 23/23 24/3 25/9
26/2 26/14 26/16 27/8 27/10
27/18 28/6 28/7 29/16 30/13
31/14 32/1 34/7 38/6 40/15
40/22 41/1 42/1 42/3 47/16
47/17 47/17 51/14 51/24
52/17 73/17 74/4
contractor
[1]
55/15
contracts [22] 4/13 4/14
14/21 14/23 14/24 15/21
15/22 25/2 25/8 26/22 26/23
30/6 30/9 34/3 34/4 41/2
41/25 51/22 68/1 68/3 68/8
73/6
contractual
[5]
26/6 34/1
39/6 71/4 74/1
contractually {ll
21/9
contradicted [1] 49/4
contrarily [1]
27/16
contrary [2J 31/23 43/9
control [10J 63/21 63/22
67/23 67/25 68/7 69/9 71/1
71/3 71/8 77/2
controlled

{3]

a/15

21/13

69/6
controlling [2] 70/10 71/9
controversy
(1]
52/3
copyright [6J 6/7 6/8 34/3
34/6 34/7 34/9
copyrights [6J 5/1 15/23 25/4
26/21 34/1 40/15
Cordero [3J 49/18 50/5 57/12
Corp [lJ 45/12

corporate [7J 57/15 58/24

67/14 67/22 69/1 69/4 69/11
corporation
[2]
28/20
66/20
correct [27J 5/2 5/3 7/8 12/9
12/13 12/15 15/17 23/21 24/1
29/2 30/1 33/19 41/19 41/20
44/8 46/7 46/8 46/10 47/20
48/1 49/10 49/11 50/15 52/12
62/21 72/5 73/16
correctly (3J 24/16 24/19
29/14
could [13] 17/2 18/1 35/22
38/6 51/5 52/9 63/10 65/17
72/9 72/10 75/25 76/22 78/4
couldn't [3J 18/2 27/11 69/18
Council [2J 49/13 49/20
counsel [4J 30/16 30/17 46/20
52/8
counter {ll
62/19
counterclaim (13]
1/10 1/15
2/7 3/19 27/24 41/7 41/23
41/24 42/1 42/2 42/4 51/8
51/23
counterclaims (19]
3/9 4/6
15/9 41/17 41/22 41/23 42/7
43/6 43/13 43/16 43/18 43/21
43/24 44/1 44/13 53/17 59/15
60/7 67/16
counteroffer
[1]
27/25
COUNTY [lJ 1/2
course {16]
31/11 37/13 60/8
60/15 60/24 61/9 61/15 63/11
63/13 65/24 66/11 67/13
69/19 72/12 73/2 75/14
court [44J 1/1 1/25 5/22 6/19
9/11 15/16 15/18 18/4 18/24
19/6 19/9 19/22 24/23 30/14
30/21 34/3 40/23 41/4 43/7
43/11 50/5 55/25 56/7 60/2
62/13 62/17 64/5 67/12 70/20
70/20 71/18 72/7 72/20 72/22
73/3 73/11 73/20 73/23 76/1
78/5 78/5 78/8 78/9 78/23
Court's (2]
70/17 71/20
courts [2) 31/24 45/10
CPLR [4J 49/2 49/8 49/16
50/16
create [4J 21/6 26/8 28/12
49/21
credibility
{l]
17/25
crime [8J 44/19 44/20 48/19
48/23 57/13 57/16 58/13
68/16
crimes [3J 57/9 58/16 68/14
criminal [1]
49/8
criticized
{l]
66/12
cross {l]
19/11
CRR [lJ 78/23
cruelly [1] 66/12
CRUTCHER [lJ 2/11
cut f31 11/16 12/3
24/21

o
daily [3] 60/25 60/25 61/19
damages [13J 9/7 13/18 13/23
14/2 17/7 23/3 31/9 31/15
49/2 52/16 64/16 76/17 77/11
Daniel [1] 35/23
dare [2J 69/25 69/25
date [3J 31/16 61/5 65/25
dated [lJ 36/14
dates [2J 43/23 61/13
DAVID [lJ 2/18

day [lJ 73/23

deal [10] 5/4 9/25 15/8 15/12
20/24 27/11 32/6 41/6 51/14
54/6
dealing [3J 32/14 41/16 49/8
deals [5J 9/19 9/23 9/25 42/1
42/2
decade [lJ 76/9
decsde's [lJ 74/19
decide [3J 74/10 75/5 78/14
decided [1] 27/7
decimate {2]
15/19 15/24
decimates [1]
11/11
decision
{2] 41/3 47/13
decisions
[2]
18/4 46/15
declaration [2] 35/22 36/25
declaration--she
{l]
36/25
declarations
(2]
5/21 8/14
declaratory [5J 32/1 32/11
41/24 51/21 56/18
deem [1] 28/17
defend [4] 60/20 61/6 64/3
70/16
defendant [5J 2/7 2/17 60/20
60/20 65/18
defendants [13) 1/8 1/15 2/12
4/11 33/22 34/22 42/6 42/10
42/20 51/23 60/12 60/16 64/2
defense {1]
66/7
defenses [lJ 58/6
defer [1] 45/20
definitely
(l]
70/21
degree [2J 33/16 47/14
deliver [3) 30/20 31/16 31/18
delivered [4J 26/4 28/14
32/19 34/10
delivering [2J 33/14 33/14
demoted [1] 32/20
denied [lJ 27/23
denuding {l]
25/1
denying [lJ 40/3
Department [5]
45/7 50/18
50/18 55/8 57/22
depends [lJ 66/22
deposition [6] 38/5 43/9
69/21 69/22 70/4 70/13
desperately
(1]
14/17
destroy [2J 11/6 19/17
destroyed [lJ 40/16
destroying
[1]
19/15
detail [5J 36/2 63/10 64/18
71/18 75/25
detailed [2) 61/1 61/3
details [1] 70/21
devoid [2J 23/14 53/18
did [20J 6/20 18/6 18/10
18/21 27/17 31/14 36/4 40/2.
47/24 54/4 57/23 58/9 62/1
62/2 62/24 63/20 68/7 71/12
75/24 76/16
didn't [7J 17/6 17/7 27/11
29/17 39/14 39/15 73/13
difference [2J 29/12 52/15
different
(15]
4/13 15/21
28/15 31/4 31/6 43/1 68/6
68/18 68/22 69/5 71/4 72/3
72/4 77/6 78/1
discovered (I]
27/6
discrete [2) 60/5 76/23
discretion
{l]
59/14
discriminate
{l]
69/14
discriminated
{I]
45/9
discriminating
[1]
69/7

26/21 34/8 71/9 71/16 74/16

Dormant [2] 58/20 58/20

D
discrimination

(lO]

44/16

48/6

down

[1]

17/25

66/4 68/14 68/15 68/24 71/8

73/7 74/22 74/25
discriminatory [3] 45/8 72/17
74/7
discuss (1) 71/22
discussed [2J 24/22 58/10
disincentive
[1] 21/10
dismantled [lJ 26/8
dismiss (14) 3/8 3/8 3/9 4/4
45/22 47/24 50/1 56/23 62/12
62/17 71/14 75/10 78/3 78/12
dismissal [4] 15/11 15/13
41/5 51/18
dismissed [3] 48/7 50/10 57/6
disorder (1) 61/18
disputed (2) 43/8 49/4
disruption [lJ 26/8
disseminated (1) 38/21
distinct [1) 72/25
distinguishable [3) 31/2 31/6
37/21
distress
{ll
42/19

DR (2) 1/3 1/12

Dr. [44J 10/3 10/12 11/24
11/25 11/25 12/5 12/14 12/16
13/4 14/9 16/1 16/20 16/21
16/24 17/1 17/4 17/14 17/17
17/23 17/24 18/1 19/5 19/10
19/15 19/17 20/19 23/14
24/14 28/2 32/16 36/17 36/19
36/22 37/3 37/9 37/14 38/3
38/4 40/11 40/25 53/24 53/25
54/7 54/8
Dr. Gottwald (3) 40/11 54/7
54/8
Dr. Luke [37J 10/3 10/12
11/24 11/25 11/25 12/5 12/14
12/16 13/4 14/9 16/1 16/20
16/21 16/24 17/1 17/4 17/14
17/17 17/23 17/24 18/1 19/5
19/10 19/15 19/17 20/19
23/14 24/14 28/2 32/16 36/19
36/22 37/9 37/14 38/3 38/4
53/24

disturbs

{ll

Dr.

DIV [1]

1/2

diverse

[1]

70/14

Luke's

[4]

36/17

37/3

40/25 53/25
20/3

divvy [1) 3/3

DJs [1] 51/15
do [53] 5/8 5/24 6/8 6/21
6/22 7/12 7/23 8/11 9/6 9/14
10/10 11/4 11/21 13/9 14/4
15/16 16/6 16/7 16/12 16/14
17/21 18/18 19/11 19/18 20/8
21/3 21/4 21/8 22/17 23/6
23/12 26/3 28/5 29/25 31/14
33/13 33/15 34/1 37/1 39/23
40/1 55/6 59/21 62/16 65/4
66/15 69/25 71/1 73/12 75/6
76/15 76/18 77/3
doctor (1) 21/24

dragged

[2}

72/20

73/10

drop [3] 8/18 8/19 20/17

due [6J 31/17 54/20 54/23
59/23 60/11 72/8
DUNN (2) 2/11 35/1
duplicative (1) 39/24
duress [lJ 70/9
during [2) 55/23 65/1
duty [lJ 28/24
d=amic
[3J 63/16 63/20 7116

E-Fi1e (1) 78/13

each (1) 42/25
earlier [5] 3/10 45/6 46/3
doctrine
(4]
63/12
63/12
58/10 69/22
74/16 77/8
Early [1) 75/19
doctrines [1] 77/17
easier [1] 53/14
documen ted [1]
61/12
easiest (ll
5/S
Doe (1) 54/2
Eaat (2) 2/3 2/13
doe. [26J 1/14 3/17 7/1 10/21 eating [1] 61/18
13/9 21/1 35/6 35/24 36/9
economic [1] 33/24
EDELMAN (3) 2/14 35/1 52/22
36/19 36/19 37/9 37/9 37/16
38/21 39/6 40/10 40/13 40/20 effect (2) 30/4 31/15
[1] 26/13
40/21 65/15 69/4 69/13 69/15 effectively
70/20 77/19
efficiency (2)
43/3
46/12
doesn't (14]
11/2 19/15 23/14 effort [lJ 30/10
23/15 24/9 38/21 59/4 60/19
egregious [1]
60/23
64/23 65/3 69/11 70/5 72/13
eight (6) 41/23 52/6 52/7
74/23
52/9 59/9 59/10
doing [12J 8/8 18/5 20/25
either [5] 35/4 37/18 40/8
21/5 32/21 38/13 38/18 50/7
44/17 56/8
elaborate (I] 70/21
66/13 72/24 73/6 73/22
dollars (4) 11/19 20/13 20/15 election [3J 29/17 35/11
36/5
35/17
dominance [2] 63/21 63/22
else [llJ 7/15 8/9 8/15 9/14
don't [42] 5/13 5/17 6/22
12/25 15/7 16/6 37/12 51/7
7/11 11/7 11/8 11/13 13/17
55/18 77/19
16/1 18/9 20/8 20/8 20/10
elucidated (1) 56/6
21/7 22/25 26/25 29/22 39/19 embolden (1) 13/4
40/7 42/21 43/16 43/18 44/1
embraced [2] 23/17 39/19
47/5 55/15 55/18 56/13 62/5
emotional
[3]
42/19
54/1
63/25 64/1 67/2 67/8 67/8
77/10
67/9 68/10 70/6 70/13 74/7
emotional/abusive
[1]
54/1
74/11 74/20 74/21 76/24
emotional/mental
[ll
77/10
done [S) 12/4 14/12 16/21
emotionally [1]
67/1 a

employee [6J 55/13 55/17

55/22 58/7 68/23 69/1
employer [4J 54/7 55/22 55/23
70/10
employment (7) 44/16 45/5
48/5 55/12 57/1 57/24 67/13
enable (1) 38/12
encompassed
[1) 73/8
end [lJ 53/21
ended [2] 74/21 75/6
endgame [1) 11/5
enforce (2) 35/8 56/20
enforceability
[lJ 51/22
enforcing [lJ 4/12
engaged [1] 35/12
engagement (2) 36/17 36/17
engaging (1) 19/12
enjoin [2] 9/12 13/14
enjoined [1] 4/12
enough [5] 5/19 60/18 60/19
66/19 74/16
enter [2] 37/18 76/13
entered [3] 25/2 30/4 76/2
entering [1] 76/14
entertain [1] 5/22
entertained
[1] 34/24
ENTERTAINMENT [7J 1/13 1/14
2/17 3/14 24/15 41/19 51/20
entire [4J 30/14 31/8 35/18
66/16
entities [8] 3/15 3/21 18/20
67/23 68/18 69/6 73/5 73/5
entity [7) 4/18 4/19 21/13
22/11 54/16 54/17 66/20
Epstein [1] 49/18
equally [1) 66/21
equitable [4] 15/15 38/11
77/16 77/18
equitiee [5] 9/25 33/20 34/20
40/9 41/1
ESQ [6] 2/4 2/5 2/9 2/10 2/14
2/14
essential [1] 10/11
essentially
[6] 25/1 25/25
36/4 56/19 69/7 71/10
establish [lJ 63/14
estopped [5J 46/21 46/24 47/3
48/3 48/3
estoppel [1] 72/14
et [2J 25/17 28/18
et cetera (2) 25/17 28/18
evasive [1] 70/7
even [24] 4/20 6/9 11/18
20/20 21/25 26/7 35/15 40/6
44/19 49/7 49/7 51/6 53/6
53/7 53/8 54/11 54/12 54/13
58/9 65/17 70/12 72/13 73/11
77/1
event [4] 43/18 51/9 55/6
78/7
events [4J 54/12 55/24 55/24
72/25
ever [4J 10/23 30/15 69/25
69/25
every (8) 27/19 34/18 56/22
62/18 62/19 67/23 71/10
71/15
everybody [2] 14/25 18/16
everyone [lJ 3/5
everything [10J 8/15 9/15
12/25 14/20 23/16 37/12 51/7
55/18 59/12 73/8
evidence (3) 17/12 56/7 62/13

favors [1]
40/8
fear [2J 69/20 70/8
evidenced [1] 73/10
fearful [1] 54/5
evidentiary
{ll
19/8
February [lJ 1/18
exactly [7] 14/14 21/3 25/20
federal [1] 6/9
28/5 59/7 66/4 77/21
feedback [3J 54/20 54/23
examination [1]
19/11
59/23
examples [3] 61/11 66/10
feet [2J 21/21 21/22
70/25
felt [lJ 47/18
except [2J 16/6 18/23
female [lJ 54/2
exclusive
[5]
14/2 28/7 28/7
few [3] 22/12 71/23 75/12
29/12 37/5
field [1] 49/19
exclusivity
{6]
4/12 15/23
fifth [4J 44/24 45/3 45/17
29/19 30/3 30/17 31/10
58/3
Excuse [1] 57/18
Figueroa [lJ 2/8
executive
[2]
35/23
68/23
file [2J 61/16 78/13
exercise {ll
63/20
filed [6J 23/18 24/8 35/13
exert
{ll
71/7
51/11 62/7 74/18
exerted
[1]
77/2
filing [lJ 76/10
exist [lJ 58/9
find [2J 56/12 72/11
existed
[1]
65/17
fine [2J 23/14 43/3
existence (1] 56/10
finish [lJ 17/2
expense [1] 36/22
finished [lJ 39/13
expired [1] 14/18
firm [lJ 69/2
explain [lJ 28/3
first [22J 4/1 4/5 5/5 8/17
explained [lJ 53/1
18/6 20/24 23/2 35/6 39/2
explicit [1] 14/24
41/7 41/9 41/23 42/1 43/12
explicitly [lJ 47/21
45/6 50/17 51/17 51/20 56/18
expressly [lJ 36/16
57/22 60/7 70/18
extensively
[1] 31/23
fit [2J 38/7 65/13
extortive [1]
68/2
five [3J 42/13 49/7 63/10
extraordinary
[2] 23/1 24/24
flaws [1] 60/3
extraterritorialrl1
58/19
Floor [1] 2/3
focus [2] 43/21 52/24
F
focused [1] 43/6
face [5J 11/17 12/3 27/23
focuses [1]
53/2
37/18 58/15
following [2J 1/22 23/4
face--and [1)
11/17
food [3J 28/13 34/9 69/2
fact [34] 6/23 6/25 7/1 7/12
footnote [2J 8/19 39/21
7/17 12/22 13/7 13/20 13/23
force [3J 29/20 30/3 31/15
13/24 17/12 17/15 19/13
forced [2J 73/12 76/12
21/10 23/15 27/16 32/4 36/13 foreclose
{ll
72/13
39/18 47/15 55/25 57/21
foreclosed [1] 44/4
58/10 58/18 60/4 68/7 68/20
foregoing [1] 78/21
72/19 72/20 73/10 74/6 75/11 forfeited [lJ 13/25
77/1 78/3
forgiveness
[1]
56/1
facts [15] 18/4 18/12 18/13
form [1] 53/19
18/14 19/9 22/8 38/9 44/15
formation [1] 65/25
44/23 53/18 64/23 64/25 66/5 formed [4] 53/8 55/3 65/21
68/20 70/15
66/17
factual {ll
50/8
formerly [lJ 45/24
fail [1] 16/4
forming [1] 53/23
failing [3] 30/19 31/18 31/21 forth [3J 49/16 49/17 52/14
failure [3] 16/6 27/3 31/16
forum [1] 72/1
fair [2J 5/16 6/15
forward [3J 15/25 38/10 69/9
fairly [2J 4/19 5/7
found [lJ 73/4
fall [4J 33/21 65/15 66/25
four [2J 6/14 42/11
67/3
fourth [5] 44/24 45/3 45/17
false [lJ 27/14
55/8 57/20
familiar
[1]
56/17
fragile [lJ 62/23
familiarity
[1]
53/13
framework [1] 35/15
family's [lJ 70/11
frankly [6] 6/6 11/9 15/8
famous [1] 27/14
18/3 20/8 40/16
fantastical
[2]
1S/l 19/5
fraudulent [lJ 68/4
fantasy [2J 18/5 19/13
frightened [1] 69/23
far [7J 55/19 61/12 64/5
front [2J 3/6 66/13
65/21 65/24 66/18 68/12
fulfill [3J 26/6 30/5 30/7
fashion
[1]
26/8
full [3J 31/15 67/23 69/8
fast [lJ 69/2
fundamental [1] 60/3
fat [lJ 67/5
further [lJ 4/21
Father [2J 55/9 55/11
furtherance [2] 31/25 52/16
favor [3] 13/18 40/9 41/1
furthered [1] 67/21
favorable [2J 62/19 75/11
furthers [1] 67/14

G
G-E-R-A-G-O-S [lJ 5/10
gave [1] 23/5
gender [16J 42/16 48/21 48/24
49/15 50/4 50/8 57/12 57/13
57/21 58/13 58/14 65/7 68/16
74/22 74/24 74/25
gender-motivated
[6] 42/16
48/21 49/15 50/8 58/13 74/25
general [3J 53/18 71/9 72/23
generally [2J 43/5 67/12
generated [3J 7/4 20/19 20/20
generating [1] 20/22
genuinely [1] 70/5
GERAGOS [4J 2/6 2/6 2/9 5/10
get [19] 11/1 11/3 14/17
14/20 18/9 19/10 19/10 26/22
27/9 27/11 32/4 36/24 38/24
39/16 44/19 53/20 64/18 72/9
72/10
gets [lJ 11/2
getting [lJ 70/12
GIBSON [2J 2/11 35/1
girls [2] 65/5 65/11
give [6J 13/18 17/24 39/14
60/20 64/23 70/16
given [8] 7/21 12/22 21/2
22/10 22/24 29/18 40/9 61/10
gives [2J 36/16 48/22
giving [lJ 51/9
glad [2] 8/1 8/4
GLANDIAN [2] 2/10 59/20
go [17J 4/23 11/3 19/5 21/2
27/4 27/4 30/12 31/14 34/1
41/7 41/9 46/18 47/8 56/11
66/9 67/20 71/21
goes [9] 4/20 21/1 28/9 65/4
66/18 68/12 72/16 74/6 77/12
going [39J 6/3 8/16 8/17 10/9
10/23 11/3 16/5 16/6 16/10
16/17 16/18 16/19 16/20
17/13 17/14 17/14 17/21
17/24 19/14 22/14 23/22 26/3
27/7 30/6 30/12 32/4 36/22
40/7 46/15 59/25 61/1 65/2
65/3 65/4 66/25 70/1 70/3
78/11 78/12
gone [lJ 39/23
good [7J 3/2 7/10 33/24 34/25
52/21 59/19 66/24
got [6] 11/24 17/16 19/20
21/12 33/22 33/22
GOTTWALD [42J 1/3 1/12 3/12
3/16 3/22 4/1 4/19 7/7 7/11
7/17 7/18 7/22 10/18 12/17
12/18 18/19 20/19 21/17
22/16 22/19 22/23 24/14
24/19 36/11 36/13 39/22
40/11 41/10 41/11 41/18 43/7
43/8 43/19 50/21 54/7 54/8
58/6 60/15 61/22 67/16 67/25
72/1
Gottwald's [4J 28/11 40/13
50/3 76/15
grant [2] 5/22 78/8
grsnted [2] 4/4 46/12
great [1] 47/14
ground [lJ 50/11
grounded [lJ 37/7
grounds [1] 49/25
group [1] 28/15
groups [2J 43/3 60/1

G
~'ess '11

76/25

34/23 52/18 54/25 59/18

heard [2J 14/11 14/12
hearing [2J 19/8 37/16
heavily [3J 14/22 15/1 15/19
heavy [lJ 67/5
held [3] 26/15 28/20 55/12
help [1) 38/6
her [123J
here [43] 3/3 9/24 11/5 11/8
12/5 14/14 15/2 15/12 18/8
18/10 18/14 18/14 18/20 19/7
19/10 19/10 20/4 21/23 22/3
22/3 22/22 27/1 27/4 27/17
27/22 30/10 32/3 34/17 35/2
38/1 40/21 44/20 53/13 54/10
60/22 62/16 63/4 64/13 69/5
69/24 72/19 73/3 73/13
here's [2] 27/22 29/11
hereby [1) 78/20
herself [3J 61/17 61/24 62/24
high [5] 24/5 50/19 50/22
54/8 66/19
highest [2] 24/7 54/9
highly [2J 39/1 49/4
him [18J 7/2 7/23 9/6 9/12
10/15 13/13 13/14 17/8 21/11
21/14 22/17 22/25 27/7 32/23
33/2 33/6 67/22 73/12
himself [lJ 60/21
hire [1) 36/11
his [19] 3/12 3/15 3/15 7/19
11/5 11/9 11/10 13/15 18/19
21/1 36/9 37/9 64/12 67/21
67/23 69/19 71/7 71/11 73/5
history [2] 27/5 67/16
hit [1] 17/18
hodgepodge [1] 59/16
home [1) 23/13
HON [1] 1/19
Honor [63] 5/7 18/13 24/13
24/16 24/19 24/24 25/24
28/16 28/23 29/14 32/8 33/19
34/25 35/2 35/15 36/2 36/14
36/15 38/8 38/25 39/10 41/20
42/22 43/3 43/25 44/8 44/11
45/1 45/14 46/8 46/10 46/17
47/2 47/4 47/8 48/1 48/15
49/3 49/10 49/11 50/13 SO/IS
51/16 52/20 52/21 52/23
53/10 55/21 56/17 57/19
59/13 59/19 60/22 62/12 63/8
64/4 64/24 66/8 75/17 76/20
78/15 78/16 78/17
hope [lJ 36/6
horrific (1) 27/13
hospital [1] 22/2
hostage [lJ 69/8
hotel [lJ 43/13
hotly [lJ 38/4
how [20) 21/22 26/10 26/12
28/8 35/15 35/20 59/21 61/5
64/2 65/15 65/17 66/5 67/9
70/5 71/1 71/2 74/9 75/5
75/5 75/6
however [1) 32/17
human [6) 42/5 44/25 45/2
45/3 56/25 68/13
humiliate [2} 66/14 7112

had [35) 14/24 14/25 14/25

15/1 21/21 27/25 31/11 47/22
53/5 53/24 55/13 56/20 60/15
61/16 61/21 62/7 62/9 62/15
64/22 67/16 67/25 69/6 69/8
69/8 69/17 69/20 69/21 70/1
70/2 72/22 73/9 73/14 73/23
74/6 76/8
hand [lJ 40/14
happen [6J 16/11 18/1 18/2
39/5 39/8 70/3
happened [8] 38/2 47/10 47/12
61/7 63/3 63/4 67/7 74/11
happening [5] 29/10 44/18
61/11 61/13 61/20
happy [2J 62/15 71/17
harassing [2) 67/17 69/7
harassment [11] 42/11 42/13
45/4 57/21 58/4 64/16 64/17
68/24 71/8 73/8 74/25
hard [1) 56/21
harm [18] 5/20 5/23 6/4 6/13
6/24 9/23 10/24 26/9 32/15
32/15 32/15 33/9 33/18 34/19
36/2 40/8 40/12 40/14
harmed [1] 33/23
has [66] 4/18 4/25 5/7 5/24
6/7 7/11 8/7 8/7 8/11 9/1
9/12 9/13 10/14 10/25 12/10
15/25 16/21 16/22 16/23 17/4
17/11 17/16 19/4 19/18 19/21
19/23 20/7 20/23 21/17 21/25
22/22 25/5 26/5 28/24 30/5
30/7 32/19 33/21 36/12 36/21
36/24 37/1 37/1 37/12 37/14
39/22 40/4 40/5 40/10 45/1
45/7 45/21 46/20 49/13 49/19
55/17 57/25 62/10 69/3 69/8
69/24 73/3 73/6 74/6 76/14
76/17
hasn't [1) 20/20
hate [8) 44/19 44/19 48/19
57/9 57/13 57/16 68/14 68/16
have [98]
haven't [4J 35/12 56/22 61/12
65/6
having [6) 27/12 36/3 39/3
53/21 61/18 61/18
he [63J 7/18 8/7 8/7 8/16
8/22 8/25 9/3 9/5 9/12 9/13
10/8 10/9 13/7 13/7 13/10
16/22 17/5 17/6 17/6 17/7
17/8 17/8 17/9 17/9 20/25
20/25 20/25 26/5 27/17 30/7
32/20 37/9 39/17 62/1 62/2
62/2 62/8 63/20 64/8 64/9
64/9 65/2 66/12 66/14 66/23
67/4 67/5 67/17 67/18 67/25
68/7 69/6 69/6 69/7 69/17
69/18 70/25 71/1 71/1 71/2
71/7 71/11.77/24
he'll [1] 7/22
he's [16] 8/20 9/5 10/20 11/4
13/17 16/21 16/22 16/22 17/5 I
17/17 21/5 63/25 63/25 67/1
I'd [2) 19/8 71/19
69/8 69/9
health [1] 77/10
I'll [5) 21/7 44/19 53/20
hear [8J 3/5 5/13 10/23 24/10
55/1 59/24

I'm [27) 6/9 6/9 8/1 8/4 8/16

8/17 10/9 11/3 18/19 21/9
21/22 26/16 32/4 39/13 40/6
46/15 53/23 56/5 59/25 60/17
65/3 66/23 66/24 67/5 68/6
70/12 78/12
I've [6J 7/10 21/19 21/21
21/21 24/6 76/24
ice [3) 6/24 17/18 33/17
idea [6] 10/23 10/24 12/2
16/25 17/20 19/13
if [61J 5/13 5/14 6/19 6/19
6/24 7/2 7/11 9/11 10/20
11/2 11/13 13/20 17/2 19/5
19/9 20/2 26/8 29/8 36/19
40/13 40/15 41/9 42/23 44/21
45/6 46/12 47/4 47/8 47/22
48/14 49/7 49/7 50/12 52/8
54/24 55/14 55/18 58/14
59/21 60/5 62/14 64/1 64/4
64/4 64/25 66/19 66/23 67/4
68/13 69/1 69/3 69/25 69/25
70/17 70/20 71/18 71/20
72/17 76/1 76/19 78/5
ignore [2]
20/14
22/16
IIED [2) SO/IS 50/17
illusory [6) 8/6 10/7 10/20
13/25 21/1 21/6
impact [8J 57/3 57/25 58/18
72/17 72/21 73/9 73/14 74/7
important [5]
27/5
66/3
66/6
67/3 67/10
imposition (1] 57/15
in [259J
inabi1ity

(1]

70/16

inapplicable
[2]
44/15 44/22
inappropriate
(1]
34/13
INC [2J 1/3 1/13
incendiary

[1]

59/17

incentive [2] 21/10 28/16

incessant [1] 74/24
incessantly
[1) 66/12
inches [lJ 20/4
incident
[4]
43/13 43/15
43/17 55/3
incidents

(3]

75/12
inclined

[1]

inc1.uded

[1]

64/11

65/22

78/8
64/7
[3] 31/16 66/13

including
67/19
inclusive [1] 1/14
income [1] 7/3
inconsistent
(2) 29/15 31/24
incorporate
[2]
45/19
48/12
Incorporated [1] 3/13
incorrect [1] 47/9
independent [2) 49/25 55/15
Index [1) 1/5
indicated [1] 36/21
individuals [1] 58/16
inducement [lJ 68/4
industry [4) 6/21 6/23 15/20
22/13
inference (2) 62/19 71/15
inferences [1] 75/11
infliction [3] 42/18 50/14
59/5
information [2]
53/22
69/10
initial [2) 25/6 65/22
initially [3) 18/24 71/25
73/13
injunction
[29]
4/11
4/20
5/S

74/4 76/17
iasue--and
[lJ
4/22
injunction ...
[26]
7/24
8/12
issued [lJ
40/18
9/10 9/18 9/19 10/16 15/14
issues [6] 6/4 20/14 21/18
23/1 24/25 27/23 32/7 32/10
48/9 54/19 71/20
34/13 34/14 34/21 35/5 35/10 i.ssui.ng [1]
23/1
35/16 37/17 37/18 38/10 39/5 it [124]
40/4 41/4 52/8 56/21
it's [65] 3/7 3/11 4/1 4/5
injunctions [1]
40/18
4/8 4/19 4/22 4/22 4/24 5/13
injury [1] 20/23
6/2 6/15 7f2
8/6 10/8 10/8
instance [1]
67/24
11/7 14/16 15/21 16/14 19/5
instances [4] 60/5 60/23 61/1
20/17 27/5 28/7 28/10 28/10
63/10
29/10 29/25 30/11 32/2 32/12
instant [1]
61/16
33/16 34/4 36/21 40/16 40/17
instead (1]
44/13
41/16 43/25 44/3 44/7 50/22
instinct [1]
16/11
51/24 55/14 55/16 57/9 60/5
instruct [1]
66/14
60/15 63/4 63/14 63/24 64/17
intentional
[3]
42/18
50/14
64/20 66/2 67/3 67/6 69/5
59/4
70/4 70/7 70/8 72/3 72/8
interactions
[8]
50/25
51/10
74/13 74/13 78/1 78/2
51/10 63/16 63/18 66/11
its [11] 3/21 11/16 11/16
70/24 71/17
12/10 16/14 16/14 27/23
interchangeable [1]
12/19
28/24 37/18 58/15 73/14
interest [18] 6/7 8/8 11/21
itself [4] 8/19 9/18 47/9
11/24 16/14 16/15 16/23
60/21
16/24 17/16 17/17 37/3 37/3
Iwankow [1]
45/12
37/8 67/14 67/22 69/1 69/5
Iwankowv [1]
45/12
69/12

interested
[2]
39/3 47/13
interestingly
[1]
5/19
interface [3]
37/13
37/14

40/11
internationally

[2]

11/20

20/13
interpretation
(1]
51/22
interrelated [1] 4/19
intertwine {ll
68/11
intertwined (1] 47/17
intimate (1]
53/12
into [22] 3/4 4/23 14/17
24/23 25/2 28/9 30/4 32/4
47/8 53/20 60/1 61/17 61/24
64/18 66/25 67/3 68/1 70/12
71/6 72/20 73/10 75/18
invalidate
(2]
34/2 34/4
invalidating
[1] 47/16
invested [3] 13/2 16/16 36/3
investiture [1]
33/24
investment
(4]
11/25
11/25
19/3 22/14
invoke
involve

[1]
{3]

59/14
3/17

involved [3]
involvement

26/7

41/25

4/8 68/19
[8]

7/16

68/19

7/20

7/22 10/10 11/10 28/2 40/13

40/25
involves (ll
3/18
involving

[1)

37/22

irreconcilable
[1]
52/15
irrelevant
[3]
11/4 11/6 11/7
irreparable
[19]
5/20 5/23
6/4 6/12 6/23 9/23 10/24
20/23 26/9 32/14 32/15 32/15
33/9 33/18 34/19 36/2 40/8
40/12 40/14
is [266]
isn't [6J 17/13 20/19 22/3
62/12 62/13 68/5
isolated
[1]
72/25
issue [21] 4/22 4/22 7/6 9/7
9/24 22/3 22/4 22/5 22/21
22/22 24/22 25/10 47/21 56/2
56/3 56/4 60/11 67/4 70/14

JACK [1] 1/7

JACOBY [1] 2/18
Jane [1] 54/2
January [6] 36/15 61/24 62/1
62/22 76/2 76/12
January 2014 [2] 62/22 76/12
January 27th of [1]
36/15
JEFFREY [2] 2/5 41/14
job [1] 26/3
jobs [1] 53/14
judge [4] 41/12 47/18 47/20
74/10
judgment [5] 32/2 32/11 49/23
51/21 62/12
judgments [1]
41/24
judicially
[3]
46/21 48/2
48/3
Judy [1] 19/20
juncture [lJ
51/19
jurisdiction
[8]
14/20 45/11
45/16 47/1 48/4 48/7 71/23
72/23
just [31] 3/3 3/25 6/10 16/9
17/2 17/3 17/4 20/10 28/3
32/6 39/11 39/11 39/17 41/13
41/15 50/6 52/24 56/5 56/15
58/6 61/6 63/24 65/10 68/10
68/22 72/19 74/5 75/4 75/7
76/4 76/23
Justice [1] 1/20
l'usticiab1e [1] 52/3

K
KADY [1] 2/14
KASZ [6] 1/3 1/12 3/13 24/14
25/2 25/5
keep [2] 6/24 24/17
Kemo [1] 26/16
KEMOSABE [68] 1/13 1/13 2/12
3/14 3/21 3/22 4/7 6/4 7/11
11/17 12/8 12/10 18/10 18/21
18/24 22/15 22/19 24/15
24/20 25/4 25/16 25/18 25/19
25/23 26/3 26/17 28/13 28/14

30/7 35/4 35/7 35/11 35/16

35/21 36/3 36/11 37/11 37/19
39/4 41/19 51/20 52/2 52/24
53/5 53/7 53/16 53/23 54/6
54/7 54/8 54/12 55/2 55/23
56/8 56/9 56/12 57/1 57/17
57/24 58/7 58/9 59/13 65/16
65/17 65/21 66/1 66/17 66/18
Kemosabe's [1] 76/16
KESHA [22] 1/6 1/6 1/9 1/9
2/8 3/9 4/23 5/23 8/8 12/1
16/24 17/15 17/18 17/22
19/14 19/18 20/12 27/6 36/10
36/13 39/15 59/20
Kesha' s [1 J
17/1 e
killing [1] 6/2
kind [3J 7/24 37/17 70/9
kinds [2] 15/20 21/25
KMI [21] 3/12 3/17 4/14 4/18
4/18 8/22 14/25 23/23 23/23
24/3 26/22 26/23 27/18 28/6
28/13 30/4 30/4 39/16 41/19
42/1 51/24
knew [lJ
56/9
know [51] 3/17 5/13 5/17 11/6
11/13 17/3 21/22 26/25 28/11
30/8 30/17 31/21 33/11 33/25
53/11 54/4 54/12 54/18 55/15
55/18 55/22 56/16 61/10
61/17 61/23 62/14 62/21
63/12 63/25 64/1 64/2 64/15
66/4 66/11 67/2 67/8 67/8
67/9 69/1 69/20 70/5 70/6
70/19 71/22 72/8 72/16 74/11
74/20 74/21 75/3 78/4
knowledge [1]
54/10
known [2] 12/12 63/12
knows [4] 60/2 62/18 64/21
70/6
KNOPP [1] 2/2
KORNREICH [1] 1/19

L
label [5] 25/4 25/16 26/17
28/14 32/19
lack [4] 48/7 70/15 70/15
71/22
language [1] 58/23
large [2] 10/8 10/9
largely [3] 43/6 43/21 44/14
last [8] 4/5 14/11 14/12
14/15 39/13 41/23 42/1 61/21
late [1] 43/15
latter [1] 24/22
law [19) 6/9 15/3 "15/11 15/12
15/24 18/4 31/22 32/13 37/18
38/9 42/5 42/9 42/14 45/1
45/2 45/4 48/19 59/16 69/2
laws [3] 46/16 56/25 68/14
lawsuit [4] 37/2 61/16 62/7
71/25
lawyer [4J 14/25 16/22 19/21
19/23
lawyers [4] 14/23 14/25 14/25
15/1
leading [lJ 62/21
least [4J 37/4 60/11 63/4
66/1
leave [3] 6/10 78/6 78/9
left [1] 27/7
legal [6] 2/19 20/24 26/1
26/1 26/5 69/16
legally [2] 13/25 23/2

40/25 53/25
lurid (1) 17/22
lvrics [31 65/3 66/24

Milstead (1) 31/5

mind (1) 77/14
legislated [1] 49/19
66'25
minute (3) 14/21 39/11 39/11
legislature {3] 49/17 49/19
misconduct [2] 53/2 58/8
M
49/23
mislead 11] 39/20
LEPERA [3] 2/4 39/18 52/9
M-O-V-I-T [lJ 41/14
Misa 144] 7/6 10/14 12/21
less [1] 56/9
made [17] 3/12 3/15 3/20 3/23
14/24 15/9 18/7 18/7 18/11
let 124} 3/3 3/24 6/1 7/5
8/25 17/11 19/21 24/5 27/12
18/11 24/23 29/8 30/14 30/16
17/3 19/10 19/11 23/6 23/7
27/14 37/6 48/10 50/18 53/16
35/13 36/16 36/22 36/23
24/10 24/21 25/13 27/20 28/3
56/16 66/10 76/8
36/24 37/10 38/3 38/11 40/8
28/3 34/23 41/13 41/15 52/18 Madison [1] 2/17
43/5 43/7 43/9 43/19 43/22
52/23 52/24 56/15 59/18
maintain [1]
30/2
44/1 45/21 46/20 47/22 50/2
65/19
maintained (2]
30/3 34/11
50/4 52/19 53/2 54/1 57/10
let's [8) 5/4 12/7 19/9 19/10 major 14] 3/9 6/8 7/5 9/24
57/23 58/8 59/18 61/15 67/19
32/6 41/5 54/6 54/24
majors (ll
6/18
69/7 71/24
letter [3] 23/5 24/7 24/10
make (15) 5/8 11/22 16/15
Mias Sebert [37) 7/6 10/14
letting 13J 10/2 77/3 77/3
18/4 19/15 20/15 22/14 28/17
12/21 14/24 15/9 18/7 18/7
level 12J 51/6 51/8
29/2 39/7 46/15 60/7 62/22
18/11 18/11 29/8 30/14 35/13
levels [2) 24/7 63/19
63/19 66/6
36/16 36/22 36/23 36/24
liability [2] 57/16 58/24
maker (1) 17/18
37/10 38/3 38/11 40/8 43/7
liable [2] 55/4 66/20
makes (2) 12/1 53/14
43/9 43/19 43/22 45/21 47/22
licenses [1] 4/23
making [6) 13/1 16/10 17/22
52/19 53/2 54/1 57/10 57/23
life [2} 71/10 76/12
38/18 65/6 69/10
58/8 59/18 61/15 67/19 69/7
light [1) 5/12
MANAGEMENT (1) 1/7
71/24
like (15) 16/13 24/9 36/23
manager [1]
16/22
Miss Sebert's
[7]
24/23
3'0/16
38/1 39/4 47/4 47/8 53/22
mandatory (1]
34/14
43/5 44/1 46/20 50/2 50/4
62/9 66/12 69/8 71/11 71/19
many [4] 7/10 21/22 28/15
misstated [1] 18/12
76/1 78/5
38/13
mistakenly {ll
34/6
likelihood 16} 9/20 31/8
MARK [1] 2/9
MITCHELL [1} 2/2
32/10 32/13 34/18 40/5
market (1) 12/24
mixing {2}
9/15
9/17
likes
[1]
71/18
marketing
(2]
8/14
37/12
Mobil (1) 45/12
limitations [20] 44/4 44/7
marketplace
[1] 4/24
money 118] 1/3 1/13 3/13
44/12 44/23 48/8 49/1 49/14
matter Ill) 38/21 45/10 45/15
11/22 13/1 16/15 16/16 20/16
49/20 49/22 50/17 51/3 51/5
46/23 46/25 47/7 48/4 48/7
20/18 20/21 22/14 24/14 25/2
51/13 54/19 57/5 57/15 58/23
65/3 71/23 72/7
25/5 26/22 28/17 29/2 36/4
65/16 74/10 75/7
may [12J 3/2 38/2 41/9 42/23
monthly (1) 60/25
lists [1] 61/10
44/21 48/14 50/12 50/21
months 11} 75/21
literall.y
(1]
19/24
50/23 52/16 67/2 76/17
mooted [1} 32/18
litigate (1) 73/11
maybe 12J 50/22 55/20
more (10) 20/13 26/24 50/7
litigation
(2]
8/7 11/5
me [39} 3/3 3/6 3/25 6/1 6/7
51/11 63/23 64/5 70/20 71/18
little (1) 42/25
6/20 7/5 8/10 15/23 16/22
75/25 78/4
lives [2] 72/1 72/2
17/3 17/9 19/10 19/11 21/7
Moreover [1.]
49/25
LLC [8] 1/3 1/7 1/13 1/13
22/11 22/13 22/15 22/20
morning [4} 3/2 34/25 52/21
1/14 2/12 3/21 53/24
24/10 24/21 25/13 27/20 28/3
59/19
LLP [2] 2/2 2/11
28/3 34/23 40/1 41/13 41/15
Morris [1]
57/23
long 12} 14/12 61/16
52/18 52/23 52/24 56/15
moat 13] 5/24 42/3 62/23
longer [1]
49/22
57/19 59/18 65/7 65/10 65/19 mostly 11} 73/22
longterm (1) 68/1
70/14
mother IlJ 16/21
look 18] 3/25 5/19 5/22 24/9
mean [15J 8/9 12/16 14/4 19/9 motion 125] 1/16 3/7 3/10
35/14 39/1 53/15 58/14
28/5 38/16 60/25 64/1 64/2
3/15 3/20 4/2 4/4 4/9 4/9
looked [1) 76/24
67/2 68/5 68/19 69/20 75/2
4/10 41/6 41/17 41/18 43/10
looking 12] 58/23 76/22
76/6
45/22 46/4 46/11 46/12 46/13
looks IlJ 67/12
means (1)
26/25
62/11 62/17 71/14 75/10 78/3
Los (2) 2/9 2/13
measure
[1]
23/1
78/8
losing (1) 12/24
meet (1) 56/13
motions Ill] 3/3 3/6 3/8 3/10
lot (12) 6/13 12/24 16/16
mental (2) 77/10 77/25
3/23 3/23 15/13 21/20 21/21
22/8 36/1 53/14 60/1 61/8
mention [2]
33/10
33/11
41/6 78/12
64/7 68/23 70/5 75/7
merchandise
[1.]
38/1. 7
motivated [11] 42/16
48/21
loudly 11] 55/1
merchandising
[1] 31/17
48/24 49/15 50/3 50/8 57/11
lower [2] 30/21 30/23
merits 14J 31/8 32/11 32/14
58/13 58/14 65/7 74/25
lucky [1] 65/10
34/19
motivation [1] 57/13
ludicrous [1] 29/10
merry (2) 21/1 21/3
motivations
[1] 37/2
LUKASZ 13} 1/3 1/12 20/19
met (1) 76/10
mount III 66/7
LUKE 143] 1/3 1/12 10/3 10/12 mic (2) 5/8 59/21
movant's [2] 67/14 67/22
11/24 11/25 11/25 12/5 12/14 microphone [4]
5/11 54/20
move 12} 41/5 71/19
12/16 13/4 14/9 16/1 16/20
54/23 59/23
moved (1) 56/22
16/21 16/24 17/1 17/4 17/14
microphones
[2] 3/4 3/5
moving [3] 40/6 56/19 78/13
17/17 17/23 17/24 18/1 19/5
might [2] 55/21 68/23
MOVIT 14] 2/5 41/14 53/1
19/10 19/15 19/17 19/24
Mike (1) 5/10
57/10
20/19 23/8 23/14 24/14 28/2
million [8] 11/24 12/5 12/7
Mr 11} 28/11
32/16 36/17 36/19 36/22 37/9
19/3 20/11 20/12 65/5 65/10
Mr. 127] 3/12 3/16 3/22 4/1
37/14 37/19 38/3 38/4 53/24
milliona 161 11/19 13/2 20/10
7/7 7/17 7/18 7/22 10/18
Luke's IS] 36/17 36/17 37/3
20/13 20/14 36/5
12/17 12/18 24/19 35/24 36/8

49/16 49/18 49/23 56/25 57/3

57/25 58/4 58/14 58/18 71/24
Mr .... [13J 36/25 41/10 41/11
72/10 72/11 72/12 72/17
41/18 43/7 43/8 43/19 50/3
72/20 72/21 72/24 73/4 73/7
50/21 53/1 57/10 60/15 61/22
73/9 73/11 74/7
Mr. Gottwald [21] 3/12 3/16
New York's [1] 31/22
3/22 4/1 7/7 7/17 7/18 7/22
nine {ll
75/21
10/18 12/17 12/18 24/19
no [71J 1/5 6/12 7/3 8/7 9/16
41/10 41/11 41/18 43/7 43/8
10/9 13/17 15/21 16/5 16/22
43/19 50/21 60/15 61/22
16/23 17/6 18/13 21/5 21/9
Mr. Gottwald's [1] 50/3
22/2 22/8 23/11 23/11 25/7
Mr. Movit [2J 53/1 57/10
25/20 26/15 27/7 29/17 32/9
Mr. Zucker [2] 35/24 36/8
32/18 32/21 33/18 34/20 35/3
Mr. Zucker's
(1)
36/25
35/14 35/17 37/12 37/14 38/1
Ms [lJ 39/18
38/1 38/5 38/8 39/19 40/4
Ms. [1] 52/9
40/12 40/24 43/23 44/19
Ms. Lepera [1]
52/9
45/10 45/15 47/2 50/1 50/7
much [5] 36/4 38/19 40/1 56/9
52/3 52/14 54/10 54/10 54/16
63/23
54/17 56/7 57/1 57/3 57/12
multi [1] 25/9
57/15 57/16 57/17 57/17
multi-contract
[1]
25/9
58/18 58/24 62/9 69/3 69/4
multiple [1] 26/6
76/24 77/23 78/1
multitude [1] 25/1
nobody's [1] 10/23
music [17] 1/14 2/17 11/1
nominall.y
[1]
35/7
35/4 35/7 35/11 35/17 35/21
non [1]
50/2
36/3 37/19 53/17 56/12 57/17 non-conclusory (1]
50/2
59/13 71/1 71/3 71/7
none [2] 56/8 76/3
must [3] 27/23 30/9 32/9
nonetheless [1] 49/5
mutually [2J 14/2 37/4
nor [4] 18/10 38/9 53/5 55/24
my [10J 3/25 16/3 16/11 16/11 nose [2] 11/16 12/3
26/9 27/6 27/12 52/8 57/17
not [140]
58/17
notable [1] 43/25
note [2] 27/5 49/12
N
noted [2] 24/19 45/1
N.Y [2J 2/4 2/18
notes [1] 3/25
N.Y.2d [1] 45/12
nothing [15J 7/4 7/12 8/11
naive [1]
19/20
9/13 19/18 20/5 20/7 22/1
name [2] 35/7 61/10
22/1 22/3 28/15 36/9 39/5
named [lJ 59/8
76/14 76/17
names [1] 64/9
notice [6J 53/25 60/12 60/15
nationally
[1]
11/20
60/20 70/16 70/22
nature [1]
77/13
noticed [4] 7/10 7/17 21/19
necessary [1] 4/22
53/24
need [4J 7/24 37/16 68/20
Notwithstanding
[1] 27/12
69/22
now [32J 3/23 4/9 6/10 6/25
needs (1]
44/17
7/9 7/21 9/19 9/21 10/2
negotiated
[3]
14/23
15/1
10/22 12/23 13/18 14/11
15/19
15/25 20/10 21/2 21/8 22/10
negotiation (lJ
15/2
22/24 27/19 27/21 28/13
neither [2] 39/18 53/5
32/14 41/5 43/25 44/21 45/6
never [7J 19/1 30/1 54/4
45/21 46/19 59/3 59/18 72/10
58/11 61/4 63/24 70/19
number [l1J 3/7 4/10 4/13 6/7
new [65] 1/1 1/2 1/17 1/17
8/6 9/13 9/13 15/22 42/2
2/4 2/18 14/18 14/20 14/22
42/4 42/8
15/2 15/3 15/12 18/14 20/7
numerous [2)
65/8
70/25
25/3 27/11 29/17 30/21 31/22 NYS fl1 45/12
36/5 42/5 42/8 42/11 42/14
42/15 44/17 44/18 44/25
44/25 45/2 45/3 45/9 45/9
Oak [lJ 19/7
45/10 45/23 47/18 47/22 48/6 obligated (2] 21/9 33/15
48/19 48/20 49/1 49/13 49/16 obligates {ll
36/10
49/18 49/20 49/23 56/25 57/3 obligation [2] 29/19 30/3
57/25 58/4 58/14 58/18 71/24 obligations
[3] 26/5 30/4
72/10 72/11 72/12 72/17
30/7
72/20 72/21 72/24 73/4 73/7
obtain [1] 40/18
73/9 73/11 74/7
obviate [1] 37/16
New York [53] 14/18 14/20
obvious [1] 44/1
14/22 15/2 15/3 15/12 18/14
obviously [12] 13/3 33/13
29/17 30/21 42/5 42/8 42/11
35/12 38/4 44/3 60/24 62/12
42/14 42/15 44/17 44/18
62/15 64/25 71/24 73/14 77/9
44/25 44/25 45/2 45/3 45/9
occur {ll
40/24
45/9 45/10 45/23 47/18 47/22 occurred [14J 45/25 49/6
48/6 48/19 48/20 49/1 49/13
51/11 53/3 53/3 53/4 61/4

61/4 61/5 63/6 66/5 66/5

68/17 73/1
off [4] 11/16 12/3 34/9 54/24
offer [1] 24/6
offered [2] 7/14 23/12
offering [2] 13/13 27/21
offers [1]
57/10
office [2] 28/10 28/11
official [2J 54/9 66/20
offset [1] 20/22
often [2] 22/8 65/15
oh [3] 3/11 41/11 77/23
Okay [25] 5/6 5/15 9/21 9/22
18/17 24/12 28/6 30/15 39/9
40/3 41/8 41/11 43/4 48/13
48/17 51/2 52/13 52/18 54/21
55/1 55/20 59/11 59/22 78/10
78/14
on [92]
once [3J 32/13 39/20 77/1
one [49J 3/10 3/15 3/21 5/20
5/21 6/7 6/19 8/6 9/13 10/20
12/21 14/10 14/16 14/16
14/19 18/23 19/18 20/11
21/23 24/11 27/7 37/21 38/11
39/11 39/11 39/18 42/25 44/4
44/7 44/13 48/25 50/16 53/3
53/3 56/2 56/5 57/14 58/22
59/5 60/3 63/7 63/7 64/17
68/1 70/1 70/7 74/9 75/8
75/23
one-sided [1] 68/1
one-year (9] 44/4 44/7 44/13
48/25 50/16 57/14 58/22 59/5
75/8
ones

{ll

72/22

only [29J 9/11 9/11 15/13

18/1 18/8 22/7 23/3 25/10
27/17 27/24 30/18 30/23 32/1
33/12 33/20 41/6 41/16 46/19
49/3 49/5 51/5 51/19 55/17
56/3 56/4 63/4 69/22 70/8
72/15
000 [2J 78/20 78/24
open [lJ 29/7
opportunity (5]
13/13
21/2
22/10 22/24 40/10
oppose [lJ 46/13
opposition [1] 8/20
opted [4] 14/2 14/4 14/5 23/3
or [52J 6/14 8/8 9/2 9/12
9/14 11/13 13/6 15/9 17/25
19/22 20/19 22/1 22/17 26/2
30/23 32/20 35/4 36/10 37/19
38/21 39/21 40/9 44/19 44/23
45/9 49/8 53/24 55/16 56/8
57/2 57/17 57/24 60/21 63/2
63/5 63/25 64/16 64/16 64/16
65/10 65/17 67/5 67/6 68/23
68/24 70/16 74/10 75/21
76/15 76/15 76/15 78/8
order [9J 3/1 4/21 9/12 14/8
31/12 41/3 66/6 66/7 78/13
originally [1] 28/13
other [38J 4/8 4/9 12/11 13/8
15/15 15/21 15/25 19/7 20/13
20/14 21/20 21/20 21/21
22/19 24/10 25/21 30/19
33/12 33/18 36/13 37/10
37/10 38/13 40/14 43/16
43/18 43/21 53/21 54/1 60/16
62/8 62/10 63/5 65/11 66/13
68/5 69/2 71/20

o
otherwise [1] 22/2
our [lB] 31/10 31/23 33/21
34/8 37/2 37/3 40/22 40/22
45/22 46/4 46/11 49/12 51/18
52/14 53/14 5B/21 60/15
70/1B
ourselves [1]
72/11
out [30] 7/22 B/16 B/17 9/9
10/11 10/14 11/1 14/2 14/4
14/5 17/14 1B/9 22/7 27/9
2B/16 29/14 32/20 33/15 35/3
36/8 37/20 3B/19 39/17 41/13
56/25 57/2 57/10 63/24 65/6
66/6
over [lBJ 16/20 22/17 25/17
45/11 60/B 60/24 61/7 61/12
63/21 67/23 67/25 71/B 71/23
72/23 73/24. 74/19 76/9 77/2
overlap [1] 60/2
oversight [2] 26/20 26/24
owes [1] 2B/24
own [6] B/20 11/16 22/15
33/17 37/1 49/21
owneel [5J 4/19 4/25 24/20
32/19 69/6

P
P.C [lJ
2/6
p/k/a [4] 1/3 1/6 1/9 1/12
package [lJ 2B/17
page [2J 1/22 B/1B
Page 16 [lJ B/18
paiel [2J 23/22 39/16
paint [lJ 18/22
pale [1] 12/2
paper [2J 20/4 21/23
papers [24] 7/9 7/10 7/1B
20/5 21/22 21/23 22/9 2B/l
31/7 33/7 38/14 41/13 45/23
46/4 46/11 46/20 49/12 52/14
56/17 56/22 5S/21 62/4 62/5
62/11
papers--anel [1] 7/9
papers--I've
[1]
7/10
Paragraph [BJ S/24 13/15 36/9
36/25 39/21 39/21 53/22
67/15
Paragraph 119 [1] 67/15
Paragraph 12 [1] 39/21
Paragraph 15 [2] 36/9 36/25
Paragraph 48 [ll 53/22
Paragraph 6 [2]
B/24 13/15
Parelon [1] B/3
Park [1] 2/13
part [lB] 1/2 10/23 10/24
15/1 26/7 34/22 42/3 52/B
61/14 70/23 70/24 71/3 71/16
72/8 73/21 73/25 77/4 7B/8
particular
[1] 56/14
parti.cularly
[2J 12/22 68/17
parties [9] 15/20 37/6 37/20
39/7 45/1S 4S/10 51/23 7B/12
78/13
party [6J B/25 30/19 40/6
40/23 46/23 59/8
pattern

{ll

75/13

pause [4J 54/20 54/23 59/23

76/21
paying' [1] 11/19
payment {ll
23/24
payments [2] 24/2 24/4

PEBE [3] 1/6 17/B 17/B

peneling [lJ 46/6
people [9] 10/10 10/12 16/13
17/10 19/10 22/1B 25/23
28/15 66/14
percent [1] 21/14
perform [3] 5/25 6/2 33/15
performance
[9] 13/24 14/6
29/16 29/18 31/12 31/13
31/22 52/11 52/15
performances
(ll 31/17
Perhaps [lJ 41/7
perioel [7] 60/9 61/7 61/12
62/2 62/25 69/20 74/19
periods [1] 70/15
permission
[1)
7/21
permitting
(1)
25/16
perpetuated
[1] 64/10
perpetuity [lJ 14/16
person [3] 4B/23 69/23 70/10
personal [2J 14/15 29/16
personnel [1] 7/13
physical [3J 21/25 43/17
43/19
physically
{2l
21/17
53/25
PI [1] 35/1B
picture [3] 52/25 53/6 53/7
piece [1] 21/23
place [6] 26/21 26/22 30/9
54/12 60/23 6B/B
plaintiff [4J 1/10 2/7 44/17
62/19
plaintiff's
[2] 30/16 72/9
plaintiffs {4] 1/4 2/3 60/1
72/21
plan [1] 43/2
playeel [lJ 71/6
pleaeling [2J 50/2 59/17
please [5J 3/1 22/6 24/17
47/6 70/9
p1eel [lJ 57/14
plenty [3J 7/13 22/1B 64/25
Plus [lJ 5S/10
point [16J 6/14 20/12 21/11
21/24 22/7 29/11 33/11 33/25
34/2 36/B 37/20 40/3 57/21
70/14 76/23 78/11
pointeel [6J 29/14 35/3 56/25
57/2 57/4 57/10
points [1]
65/20
pop [lJ 5/24
popular [2J 13/1 21/11
PORTAS [2J 1/24 7B/23
positeel [1] 23/16
position [7J 22/12 32/20
33/23 35/2 46/2 60/15 69/18
positioned
[lJ
37/15
possible [1] 14/20
possibly [3] 38/6 51/12 5S/17
precisely
[1]
27/1
predicate [1]
31/7
predicated
[1] 35/6
preempteel [3J 6/9 34/5 49/15
Preemption [1] 34/5
prefatory [lJ 59/15
prejudice [1]
57/7
preliminary
[20] 4/10 4/20
5/4 7/24 B/12 9/10 9/1B 9/19
10/16 15/14 24/25 27/23 32/7
32/10 37/17 3B/9 40/4 40/1B
41/4 56/21
PRESCRIPTION [lBJ 1/3 1/13
3/13 3/17 4/14 4/15 4/17

4/21 4/25 6/6 24/15 26/23

31/19 34/14 41/1S 42/3 51/19
51/25
present [5] 2/16 56/5 62/6
63/20 76/11
presielent [3J 2/19 24/20
35/23
presume [lJ 22/11
pretty [2] 65/5 65/9
prevail (1) 51/12
prevented (1] 69/9
prior [3J 37/15 38/4 53/23
problem [BJ 13/4 16/2 16/3
21/15 25/15 25/24 34/21
64/13
problems [lJ 22/1
proceeding
[1) 55/5
proceedings
[2] 78/18 78/21
process (1] 60/11
proeluce [B] 9/1 9/3 11/1
13/15 33/2 33/5 36/11 39/22
proeluceel [2] 7/3 38/21
proelucer [4] 8/20 2B/9 36/18
67/2
producers (3] 7/13 36/12
37/11
proelucing [3J 10/21 20/25
40/12
production (9] 25/11 25/12
2S/8 29/13 29/13 32/18 32/24
33/3 37/13'
proffer [1] 19/22
promise [1] 8/6
promote [17J 11/13 11/14
11/18 13/2 16/5 16/15 16/1B
17/22 17/24 19/14 20/11
20/15 21/11 22/18 22/20 27/3
2B/18
promoted (2] 11/2 11/3
promoting (7) 11/19 16/23
17/17 19/1B 20/25 26/4 31/25
promotion [5) B/15 9/14 11/12
25/17 37/11
prong [lJ 34/18
proof [lJ 16/7
properly (1] 28/16
property [2] 2S/12 71/11
proposal [2J 37/6 37/S
prove [lJ 13/20
proven (1] 50/9
provide [1] 37/15
provieleel [lJ 26/23
provides [2) 23/24 50/16
provision (1] 31/10
provisions [2] 4/12 30/18
public [1] 69/10
publicly [2J 19/23 2B/19
publishing [2J 4/17 4/23
pull [lJ 41/13
purporteel [9J 43/13 43/14
43/17 43/18 49/3 49/13 50/3
50/7 50/25
purporteelly [2J 46/21 49/6
purports [2] 35/10 35/1B
purpose [lJ 71/9
purposes [9] 61/2 62/11 62/16
63/13 64/7 70/22 71/14 76/5
7B/3
put [12] 6/11 12/4 14/22
19/11 19/20 20/1 2B/16 33/16
33/22 35/24 3S/10 38/13
putting [5J 6/24 9/20 10/11
10/13 70/22

question [10] 28/21 33/16

35/19 39/25 40/1 55/24 65/12
65/14 65/14 74/9
questions [2] 55/21 70/6
quickly [1] 56/15
quite [3J 12/12 49/17 50/4
quote [3;J
,,12/11 45/7 48/23

58/7 58/9 59/13 65/17

Records--they
{I]
11/17
recover (1]
49/1
red [1] 5/11
refer [2J 18/16 76/19
reference
{2]
45/19
48/12
referred
[1]
58/21
referring {I]
18/19
refers [1] 55/25

"."'otinl"r

refused

5 3 '23

R
R.P.R [lJ 1/24
raised [5] 32/8 47/15 71/20
72/14 74/3
raises [1]
74/3
ranking [1] 66/19
rape [2] 49/8 63/5
rather [3] 25/23 43/20 47/24
RCA [3] 25/3 36/10 36/14
reach [2J 55/19 59/4
reached [2] 50/22 50/23
reaching [1)
47/21
read [3] 21/21 47/13 69/22
reading [2] 7/9 21/20
real [4J 22/22 37/7 46/19
65/14
reality [1] 18/2
really [15] 4/5 4/7 4/8 9/9
10/15 11/10 15/14 25/10
35/14 38/21 40/16 40/24
63/23 66/6 68/20
reaaon [4J 18/8 22/7 23/5
40/24

[2]

37/1

37/23

refusing [1]
30/19
regard [2J 48/11 70/13
regarding [1 J
51/21
regular [1] 66/10
rehab [6] 61/17 61/24 75/18
76/2 76/13 76/14
reinforced [1] 63/17
reject [2] 23/8 23/16
rejected [2] 23/10 23/17
related [3] 42/9 57/8 67/23
relationship [18] 19/3 19/4
25/8 25/10 25/21 55/12 57/1
57/24 60/9 60/24 63/17 66/16
67/1 67/7 68/7 70/24 71/4
73/9
relationships [2] 26/6 39/6
relied [1] 34/9
relief [14] 15/15 24/25 34/12
34/16 40/16 40/17 40/19
40/20 56/18 72/6 72/9 73/21
73/25 74/1
relieved [1]
33/25
relinquished
[1] 31/10
rely [2J 37/21 69/20
relying [1] 57/22
remain {ll
30/9
remainder [1] 43/20
remaina [5J 6/25 13/24 19/13
31/15 36/12

restaurant [lJ
69/3
result [1] 76/17
retribution
[1] 27/15
review [1]
75/10
rewrite [1] 30/10
rewriting
[2]
25/1
25/7
right [30] 3/4 6/5 6/25 8/24
9/3 10/22 11/23 12/20 13/15
13/18 13/25 15/16 24/21 25/6
26/18 29/6 29/21 29/24 33/1
37/24 39/22 42/25 51/2 52/1
52/4 54/14 59/6 74/5 75/20
77/7
righta [10] 34/1 42/5 42/9
45/1 45/2 45/3 47/22 48/19
56/25 68/14
rise [4J 48/22 51/6 51/8 51/9
ROBERT [2] 1/24 78/23
robust [1] 35/25
Rocords [1] 2/12
room {ll
43/13
ROSE [3] 1/6 1/9 2/8
routinely [2J 61/13 71/16
Rover [1] 17/9
ROVNER [lJ 1/7
royalties [1] 31/17
RPR [1] 78/23

said [19] 10/7 10/12 11/4

14/1 15/25 23/6 31/14 33/7
39/13 39/18 47/21 54/4 65/15
65/15 65/16 67/9 67/9 72/14
75/12
reasonable
[4]
16/12
17/21
sake [2] 43/3 46/13
30/8 71/15
same [6] 18/22 21/13 46/9
reasonableness
[1] 35/20
58/6 59/2 72/9
reasons [6]
5/20
5/21
14/16
Samuels [1] 57/22
14/17 14/19 57/5
satisfactory
{ll
28/18
recap (1]
48/18
saw [1] 38/1.
remedies
[5]
14/3
14/10
31/24
recognized [1]
50/5
say [37] 6/15 7/11 7/18 8/16
35/11 35/17
reconciling
[1]
56/21
9/24 10/19 12/16 12/23 14/1
remedy [3J 29/17 37/16 39/7
record [43] 7/16 7/19 7/21
16/18 17/12 17/15 18/15 19/5
remember [1] 3/24
10/11 10/14 10/17 10/22
20/10 21/3 21/7 23/15 27/2
remota [1]
20/20
10/22 11/10 11/15 14/8 16/1
27/23 28/1 31/11 31/20 31/25
remove (ll
32/13
16/17 17/15 20/9 21/13 23/7
39/15 41/15 62/6 62/14 63/1
repeat [1] 75/4
23/9 23/20 23/25 24/6 26/7
65/3 65/4 65/6 66/19 68/6
repeated [1] 61/9
27/16 28/2 32/17 32/23 35/9
70/25 72/17 74/23
repeatedly
[1]
66/14
36/23 36/24 37/23 38/13 39/4 replead [1] 78/6
saying [24J 7/6 10/2 10/4
39/16 40/10 40/10 40/13
10/5 11/16 12/2 14/7 16/10
report [2] 10/12 69/25
40/22 40/25 49/13 53/13 67/6 reported [1]
16/25 17/13 20/5 20/21 21/6
58/11
78/13 78/14
21/24 23/19 25/25 54/5 54/9
REPORTER [2] 1/25 78/23
record--that
[1]
36/24
55/2 56/5 63/9 63/24 66/23
represent
(2)
19/22
24/14
recording [29] 4/18 5/24 6/13 request [2] 34/4 34/15
67/4
7/2 7/12 7/13 8/17 12/11
says [8] 9/5 10/8 10/9 22/23
requested [2] 40/17 40/20
16/15 23/12 25/16 26/19 28/7 requesting
32/16 61/4 62/8 76/4
{ll
34/12
29/12 32/19 32/25 36/10
require [5] 15/22 15/23 31/13 scope [lJ 67/13
36/14 37/13 37/25 38/18
SCOTT [3J 2/14 34/25 52/22
44/7 64/15
38/20 38/24 40/12 65/1 67/18 required [6] 25/21 32/18
seal [1] 22/1
75/15 75/22 77/2
seated [1] 3/2
34/16 47/18 57/2 57/4
recordings
[18]
6/5 6/6 7/11
SEBERT [43] 1/6 1/7 1/9 2/8
reserve [1] 78/11
9/2 9/6 11/18 11/20 15/22
7/6 10/14 12/21 14/24 15/9
resident [6] 44/18 45/9 45/23
16/17 20/15 22/21 26/4 28/12
18/7 18/7 18/11 18/11 29/8
45/24 71/24 72/13
28/12 29/9 33/14 38/20 65/2
30/14 35/13 36/16 36/22
respect [10] 24/21 29/11
records [47] 1/14 3/20 3/21
36/23 36/24 37/10 38/3 38/11
35/19 37/2 50/24 50/25 51/17
11/17 12/8 12/10 18/10 18/21
39/22 40/8 43/7 43/9 43/19
52/23 57/20 58/3
19/7 22/2 22/16 24/20 25/4
43/22 45/21 47/22 52/19 53/2
respectfully [6J 38/8 45/19
25/19 26/3 28/14 30/7 35/4
54/1 57/10 57/23 58/8 59/18
46/22 48/2 48/11 50/24
35/7 35/9 35/12 35/16 35/21
59/20 61/15 67/19 69/7 71/24
respondeat (1]
55/5
36/3 36/11 36/11 37/10 37/11 responding [1] 70/9
Sebert's [7] 24/23 30/16 43/5
37/19 39/4 52/24 53/8 53/16
44/1 46/20 50/2 50/4
response [4]
23/7
39/14
39/15
53/24 54/13 55/2 55/23 56/8
second [13] 23/3 39/2 42/4
46/19
56/10 56/12 57/2 57/17 57/24 rest [2] 33/21 72/16
43/14 44/24 45/1 45/17 50/18

single [5J 30/10 31/7 34/18

43/16 43/18
second ... [5J 52/25 56/24
sitting [1) 6/24
57/6 64/22 68/3
situation [7) 21/6 27/1 29/22
section [5) 42/9 42/17 48/21
35/21 37/20 45/5 58/25
50/17 58/15
six [10] 8/20 9/1 9/3 9/3
Section 2153 [lJ 50/17
9/13 13/15 21/8 21/8 29/13
Section 79 [1) 42/9
42/15
Section 8-904 [1) 58/15
sixth [4] 45/18 48/14 48/20
see [9J 38/8 39/5 39/14 41/22
58/12
54/24 59/21 59/21 64/13 70/2 slavery [2) 14/12 29/25
seek [1) 27/8
slim [lJ 5/24
seeking [5) 13/23 51/18 72/5
SHE [2] 53/23 53/24
73/22 73/25
so [92)
seeks [3) 35/8 51/21 56/19
solely [1] 33/17
seem [1] 33/8
solution [1] 38/10
self [1] 37/8
solve [lJ 23/15
self-interest
[1]
37/8
some [llJ 26/20 48/11 55/21
selling [lJ 38/17
61/6 61/7 63/18 68/18 68/19
SENIOR [3] 1/25 2/19 78/23
68/24 71/19 73/4
sense [4J 8/13 19/15 69/16
somebody [4] 69/3 69/5 70/4
73/18
77/19
sent [2] 23/5 24/7
somebody's [1]
77/14
separate [5J 19/14 28/10 44/5 somehow [4] 17/20 19/14 26/2
44/6 49/25
31/20
Sequence [3J 3/11 3/20 4/9
someone [4) 7/15 29/20 31/13
Sequence 20 [1] 3/20
55/14
serious (1]
34/21
something
[1"']
..,/ 5 15/7
17/4
service {2]
14/11
29/16
30/12 31/14 32/12 60/10
services [1]
14/15
61/20 62/9 66/15 70/22 71/16
set [5] 16/4 16/6 49/16 49/17
74/17 74/18 75/25 77/18
52/14
77/20
seven [7J 42/18 49/14 49/22
somewhat [1]
19/19
59/1 59/1 59/2 59/3
songs [14) 1/3 1/13 3/13 3/18
seven-year
(1]
49/14
4/15 4/17 4/21 4/25 6/6
seventh (ll
50/12
24/15 31/18 33/14 41/19
severe [1] 61/19
51/19
sexual [12] 17/23 42/11 42/13 Songs' [lJ 34/14
45/4 57/20 58/4 64/11 65/22
SONY [90]
68/24 69/3 73/11 74/25
Sony's (2) 19/10 76/15
shall [1) 41/3
Sony-owned [1) 32/19
share [1) 12/24
sooner [1] 69/18
shareholders
(I]
28/25
sorry
[1] 70/1
she [1l6J
sort [4] 38/9 46/9 63/21
she's [33) 7/2 7/14 14/15
68/24
16/4 20/3 21/2 21/3 21/9
Bought [2] 30/1 30/2
21/12 22/24 23/22 24/25
Bound [lJ
25/9
27/17 33/14 33/15 33/16 34/8 South [1) 2/8
38/16 38/16 38/17 38/17
speak [4) 3/4 23/13 55/1
38/17 38/18 38/18 38/18
59/24
45/23 70/7 70/8 70/9 72/12
speaking [1]
15/13
72/19 72/19 76/22
special [1] 6515
SHIRLEY [1] 1/19
specific [26] 13/23 14/6
shortly [1] 76/10
29/16 29/18 31/12 31/13
should [12] 4/4 14/7 29/4
31/21 52/11 52/15 53/18
34/22 38/11 48/6 49/22 50/10
60/18 60/19 60/19 63/2 63/3
53/24 57/6 60/11 70/6
63/10 64/14 64/14 64/15 65/8
shouldn't
[1]
60/18
66/9 67/4 68/15 68/20 70/25
showing [3] 11/8 40/4 40/8
75/5
shown [2] 8/7 11/5
specifically
[6]
4/11 14/8
shows [1] 72/20
61/5 67/15 69/24 77/19
side [7) 11/2 15/25 24/10
specifics [6]
53/20
Gl/13
29/13 33/21 62/8 62/10
63/5 64/5 64/8 78/5
sided [1] 68/1
speculating [1] 19/12
sides
[1]
signed
[1]

14/23
15/19
significant
{ll
77/9

speculation

SILBERBERG [lJ 2/2

similar [1] 48/15
similarly
(1]
50/5
simply [4] 26/4 30/2
34/15
since [2] 4/25 45/6

speculative

22/9 27/3
speculations

30/11

[4]

[1]
(1]

13/5

18/5

13/7

standpoint

[1]

20/11

19/16

start [1] 42/23

started [2] 64/10 75/6
starting [lJ 25/2
state [12J 1/1 38/15 39/12
42/5 44/25 45/2 49/16 49/18
49/23 56/25 57/3 77/14
state's [1) 46/16
stated [5J 18/24 19/1 19/23
45/21 46/11
statements [2J 19/22 75/3
states [1] 39/21
stating [1] 14/24
stature

[1]

17/25

statute [32]
44/19 44/23
48/25 49/8
50/7 50/16
54/18 57/4
58/22 58/24
72/16 74/10
statutes

44/4 44/7 44/12

48/8 48/19 48/21
49/14 49/20 49/21
51/3 51/4 51/12
57/9 57/14 58/2
59/6 65/16 72/3
75/4 75/7

[13]

44/14

46/6

47/23 48/6 54/6 64/14 65/13

66/3 67/1 72/4 72/6 72/12
77/6
statutory

[1]

42/23

stay [5] 7/22 8/16 8/17 15/10

39/17
stayed [2) 47/25 72/7
step [2) 27/19 52/24
still [17) 10/19 15/10 20/25
21/12 23/22 25/5 26/15 26/17
26/21 39/3 46/6 49/9 62/2
64/23 69/11 76/11 77/2
stop [1] 75/24
stopped [4) 75/15 75/22 75/23
77/2
streaming

[1]

12/25

Street [3]

1/17 2/3 2/8

strike

[4]

4/3

(1]
[4]

70/2
25/12 28/9 28/10

59/15

70/2

70/3
strikes
studio

38/24
subclass [1) 49/21
subject [6] 45/10 45/15 46/25
48/4 48/7 71/23
submit [6] 44/22 46/22 48/2
50/25 51/5 51/8
subsequent

[1]
43/20
[1]
24/21
substantial
[1]
50/S
substantially
[1]
33/23
substantiate
[1]
50/10
succeed
{1]
37/S
succeeding
[1]
8/8
success
[9]
9/20 27/17

sub~idiary

31/8

32/11 32/14 34/19 37/3 37/4

40/5
successful [4J 36/6 39/1 39/2
39/3
successful.ly

30/11

spelled [lJ 63/24

spend [lJ 36/5
spent [5J 11/18 20/10
20/22 36/1
spite [2] 11/16 12/3

stable [1] 12/11

stance [1) 9/10
stand [2J 19/11 19/21
standard [3) 56/6 67/11 75/10
standards [2J 34/15 67/8
standing [2) 51/2 51/4

(1]

50/19

such [14) 11/8 16/4 19/3

22/11 34/16 34/16 44/16
49/20 57/18 61/14 62/14
63/10 65/8 69/20
sue [6J 29/15 29/18 31/11

12/3 14/10 17/11 17/16 17/18

22/14 23/7 29/15 38/2 39/14
sue ... [3] 31/13 31/21 52/16
46/3 46/20 49/21 58/22 60/4
sued [12J 16/21 16/21 16/22
62/11 63/16 63/18 63/18
16/22 17/4 17/8 17/10 18/14
66/11 66/16 70/23 70/24
18/14 18/20 31/9 31/15
71/17 73/8 75/14 78/8
suffer [1] 36/3
them [22] 8/6 8/16 13/1 16/18
suffered [lJ 73/24
18/12 18/22 19/11 20/16
sufficient {5]
63/14
65/13
34/10 37/8 38/6 38/15 39/18
71/14 72/18 78/2
40/2 43/2 44/2 45/20 51/19
suffocating
{ll
67/25
60/13 68/18 70/22 75/7
suggest [2] 19/19 29/10
themselves [2] 12/4 14/22
suggesting [2J 25/25 26/16
then [27] 3/14 9/6 10/19
suggestion [2]
39/15
39/16
11/14 17/24 19/5 19/7 19/9
suggestions [1] 38/1
20/12 27/9 27/11 30/4 31/5
suicidal [1] 61f18
36/8 40/1 52/18 53/6 54/16
suit [1] 29/7
59/1 59/7 59/7 62/8 65/12
summarized {ll
5/7
66/20 67/20 75/12 75/23
summary [2] 5/16 62/12
theory [2] 55/4 55/5
superior [1]
55/5
there [81J
supervision (1] 25/23
there's [42J 6/12 6/16 7/3
supplemental [3J 23/6 23/18
15/10 15/10 19/3 21/9 21/10
24/8
27/22 29/17 30/9 30/13 30/15
support [4] 19/24 36/5 36/22
30/18 30/23 31/6 32/18 32/20
57/18
33/18 35/17 38/5 43/8 50/5
supported [1] 27/16
50/19 52/3 52/14 56/7 57/3
supposed [2] 29/5 74/10
57/14 57/16 58/18 58/24
SUPREME [1] 1/1
63/11 64/4 65/5 66/9 70/5
sure [8J 5/8 5/10 6/9 25/14
70/8 72/4 72/21 74/8 77/13
67/5 68/9 69/13 69/15
thereby [1] 31/9
sustainable
[2J
34/14 34/15
therefore [2J 29/18 53/15
Swidler [lJ 19/21
these [48] 3/8 7/9 12/23 13/5
svstem [21 40/22 40/23
14/22 15/1 15/20 16/9 21/17
21/20 22/8 30/8 31/7 32/2
T
32/3 33/23 34/4 41/6 42/21
tag [lJ 76/24
43/23 44/2 44/12 44/16 44/21
take [11] 5/19 5/22 12/25
44/22 45/25 48/4 50/1 51/23
16/24 17/14 17/25 22/17
53/17 53/20 54/5 55/24 56/14
22/25 25/17 69/18 75/11
64/11 65/1 65/13 66/3 66/15
taken [2] 32/20 62/18
67/1 67/9 68/18 69/6 69/9
takes [lJ 9/9
72/15 73/5 73/18 75/1
taking [1] 71/14
they [114]
talented (1] 65/9
they'll [1] 11/13
talked [lJ 24/6
they're [28J 4/3 10/4 11/21
talking [12] 8/13 10/13 10/14
11/22 12/5 12/23 13/3 13/23
10/25 11/12 12/8 20/12 54/15
14/2 16/17 16/19 16/20 18/9
54/15 60/17 73/1 73/2
19/2 22/9 22/9 22/13 25/22
talks [1] 64/17
25/25 34/2 34/12 44/6 53/17
target [1] 55/16
55/4 61/3 64/25 72/12 75/3
team [IJ 76/24
they've [23] 11/18 11/23 12/3
technical {ll
32/12
12/4 13/2 13/16 13/19 13/22
technicality
{ll
32/2
13/25 14/1 14/1 14/5 14/17
tell [2] 65/2 70/3
14/19 16/16 16/20 16/24
telling [2] 21/12 66/23
17/16 19/20 23/17 32/8 46/2
ten [10] 60/9 60/24 61/7
72/14
61/12 69/8 69/19 73/2 73/24
thing [7] 6/8 15/16 16/12
75/21 76/9
17/21 19/18 30/10 56/5
ten-year [7] 60/9 60/24 61/7
things [19] 10/10 10/21 25/20
61/12 69/19 73/2 76/9
38/13 53/22 61/7 61/9 61/11
tent [1] 25/18
64/5 64/6 64/8 64/10 66/12
terminate
(3)
25/8
27/8
34/7
66/15 67/9 70/25 71/1 75/1
terms [5] 3/16 47/15 54/14
77/4
55/17 59/5
think [54] 5/3 5/5 5/7 5/16
test [lJ 56/13
5/18 5/21 6/15 6/22 6/23
testimony [3] 38/5 43/9 49/5
8/18 11/4 11/6 11/7 11/8
than [7] 22/19 25/23 36/13
11/10 17/20 18/3 19/20 27/5
39/5 49/22 51/11 64/1
32/16 33/19 38/10 39/19
Thank [11] 24/13 34/24 39/10
47/14 56/11 57/5 59/12 60/3
41/12 42/22 52/20 53/10
62/5 62/16 62/22 63/13 63/14
59/17 78/15 78/16 78/17
63/19 64/7 64/10 64/24 64/25
that [421]
66/8 67/11 68/10 68/22 70/13
that s [87]
71/13 72/8 72/16 72/19 74/8
their [30J 8/19 11/25 12/3
74/15 74/16 75/9 77/12 77/21
l

78/2
third [5] 8/25 48/14 48/18
57/8 70/3
third-party [IJ 8/25
this [154]
those [24] 3/23 10/11 12/21
15/8 17/10 20/5 20/14 27/13
28/12 33/20 34/9 34/10 41/13
46/13 48/12 57/5 61/11 64/5
64/6 64/10 65/19 68/3 68/20
75/3
though [5J 11/18 21/25 24/2
44/19 72/14
thought [2J 70/21 76/5
thoughts [1] 61/18
thread [1] 22/23
threatened [1] 69/24
threatening {4]
62/24 63/1
63/25 76/12
threats [3] 43/21 43/24 63/24
three [13] 3/6 6/14 6/16 6/17
6/18 12/23 30/24 42/8 48/5
55/3 57/4 57/5 58/1
three-year [2J 57/4 58/1
threshold [2] 46/23 47/7
through [9J 25/3 27/4 35/22
39/16 39/23 56/11 56/15
64/11 69/19
throughout [4] 22/22 63/15
64/21 75/13
thrown [lJ 29/9
ties [lJ 73/4
till [lJ 76/6
time [16] 14/13 20/23 30/15
36/1 39/13 56/10 56/21 58/7
58/9 62/2 62/6 62/7 62/25
70/15 74/18 76/9
times [3] 23/11 49/22 68/19
TINA [2] 2/10 59/19
today [4] 23/16 43/10 43/11
62/17
together [1] 63/15
toilet [1] 29/9
told [4] 54/4 66/23 67/4
69/25
toll [1] 77/9
tolling [3] 77/13 77/17 77/18
too [1] 67/5
took [3] 54/12 60/23 77/9
tort [l1J 15/4 15/6 15/7 15/9
15/11 42/23 49/21 63/12 69/3
74/16 77/8
tortious [1]
67/21
torts [1] 44/6
totally [1] 27/15
touring [1]
38/17
towards [1] 54/1
tracking [1] 50/6
tracks [5] 8/21 9/4 9/13 21/8
29/13
trajectory
[1]
27/18
transcript [1] 78/21
transcripts [1] 69/21
transfer (2]
25/6
34/8
transferred [1] 25/5
transfers
(2J
34/3
34/10
trap [lJ 68/1
trauma [1] 22/1
treat [1] 60/4
treating [1]
71/11
trial [2] 9/7 13/18
tried [4] 14/17 14/19 36/24
38/24

T
true [3) 31/11 50/9 78/21
try (3) 44/12 59/24 59/25
trying (4) 21/6 68/6 70/9
73/23
tune [1] 12/5
turn [4] 37/18 48/14 50/12
54/24
two [26J 9/13 15/20 17/18
19/7 30/23 31/3 33/17 33/20
37/20 42/4 43/6 44/5 44/6
50/1 51/7 51/14 51/19 51/23
53/1 60/5 60/23 64/11 70/2
72/25 75/15 78/11
type [lJ 64/15
types (3) 53/15 64/8 64/16
tvoica1 [11 15/21

u
u1timate [3] 40/16 40/17
40/19
ultimately [3J 26/5 30/6
32/18
umbrella [lJ 37/11
under (47) 3/24 4/1 4/6 15/11
22/1 23/20 23/23 23/25 24/3
25/16 25/17 26/21 26/21
26/23 32/13 34/5 34/15 36/18
37/11 38/9 42/11 42/13 42/15
44/25 45/2 45/3 46/6 47/22
48/6 48/18 48/20 49/8 54/5
55/4 55/5 55/6 58/4 65/13
65/16 66/3 66/3 70/8 72/6
72/11 74/15 77/5 77/7
undercut (2] 33/8 40/22
underpinning
[2] 31/8 32/10

35/24 37/7 37/21 38/19 39/3

46/3 47/16 50/19 54/8 56/12
57/10 60/9 60/11 60/19 63/4
66/3 68/20 68/25 69/5 71/4
72/3 78/1
vested [2J 11/21 11/24
viable [lJ 15/10
vice [2J 2/19 35/23
violate
[1]
58/19
violation [4] 42/5 42/8 42/17
56/24
violations [2] 64/14 68/13
violence

[13]

39/6

42/10

48/21 48/24 49/4 49/5 49/15

50/8 57/9 58/13 58/14 58/16
75/1
violent [lJ 53/25
virtually
[1]
43/22
vociferously
(1] 43/8
voice [l)
24/17
voided [11 73/17

w
wait (3) 14/21 68/3 70/2
waived [6] 31/12 31/21 32/12
46/25 47/2 72/15
walk [lJ 56/15
want (16) 5/8 5/18 7/1 14/1
17/3 18/9 22/14 22/20 29/23
30/19 36/19 39/13 39/13
51/14 65/3 70/20
wsnted (2) 8/2 8/5
wants [5J 7/15 17/5 19/9 41/7
64/6
was {134]
wasn't

(aJ

17/8

17/9

53/8

20/10 22/25 33/3 47/5 47/12

51/24 69/23 70/18 74/2
unique [2J 35/2 63/9
unquote (1)
12/11

56/10 61/16 63/9 64/21

way [17J 7/23 16/5 21/1
21/19 27/2 27/19 28/19
31/7 36/21 38/12 38/23
64/9 69/4 71/7
ways [lJ 6/3

unrelated

we [121)

understand

[11]

[1]

16/2

20/9

68/25

unsatisfaotory
[1] 43/23
unsupported [2] 27/13 32/17
until [7J 53/9 62/6 66/1
76/10 77/8 77/10 77/13
up [17J 3/3 9/15 9/17 13/18
16/4 16/6 23/4 24/17 25/3
28/13 29/19 30/6 34/10 53/21
59/1 59/24 62/21
upon (5) 17/4 18/4 47/9 51/12
53/22
upstream (ll
25/5
urge [lJ 59/14
use (1) 66/25
used [lJ 67/25
usuallv [11 68/25

we'd

[1]

73/12
21/3
29/4
56/22

62/15

we'll [3J 6/10 6/11 23/6

we're (28]
10/13
10/14
10/25
14/14 15/13 16/18 17/13
17/13 17/14 27/22 35/2 35/15
43/10 46/21 48/2 51/4 54/14
56/19 59/3 59/7 62/16 63/9
65/1 65/6 71/17 72/25 73/1
73/3
we've [28J 5/17 24/5 29/18
35/3 38/10 39/23 46/4 46/11
48/10 56/16 56/25 57/2 57/4
58/6 58/20 60/22 61/10 61/14
65/23 66/10 66/18 67/20
70/19 72/11 72/14 72/14
74/16 75/12
V
weak [lJ 69/17
vague [2J 27/8 27/13
weeds (1) 70/12
validating [1] 31/25
weekly [lJ 60/25
variety [1]
44/14
weight [lJ 66/13
various [2]
4/13
65/13
well [49] 6/1 6/22 8/8 8/17
VECTOR (1) 1/7
9/8 10/13 10/19 12/12 13/19
venue [5J 14/22 15/2 16/11
14/21 17/2 19/2 21/5 21/7
47/18 47/19
23/2 23/9 24/9 25/13 25/19
verbally [1] 67/17
25/22 26/15 26/25 32/6 32/24
verbiage
[1]
50/6
38/16 38/20 39/12 48/9 50/11
versus [2]
16/24
57/22
50/21 50/22 56/2 60/10 60/14
very [36J 4/22 5/24 6/8 12/23
61/8 62/18 64/13 64/19 64/24
21/13 22/12 27/5 27/16 30/8
65/12 65/19 66/1 66/17 67/2
31/4 31/5 31/22 34/13 34/13
71/3 74/12 75/9 76/8 78/2

went (5) 6/20 27/12 56/22

65/24 75/18
were [24) 9/11 14/22 14/23
15/1 20/2 30/6 35/22 40/15
47/15 47/16 60/25 61/1 61/9
61/11 61/13 63/15 65/22 68/1
68/18 68/18 71/9 71/20 72/5
78/19
weren't [1]
68/19
WERNER [lJ 1/19
what (91)
what's [3J 29/10 47/10 70/2
whatever [2J 9/2 23/23
whatsoever {ll 16/23
when [50) 5/19 9/11 10/8 10/9
10/12 11/12 12/2 12/16 13/2
16/16 17/11 20/15 23/15
25/10 27/6 27/11 30/18 33/14
35/14 39/13 40/21 40/24
40/25 49/18 50/5 53/15 56/11
60/5 60/17 61/4 61/25 62/23
62/23 63/3 64/17 65/8 65/15
66/5 67/7 68/16 68/17 68/23
74/11 74/21 75/6 75/6 76/6
76/12 77/14 77/19
where [17) 11/3 15/20 19/4
21/7 23/6 23/13 25/20 27/1
37/20 55/12 61/4 63/9 64/20
69/8 69/18 72/1 72/1
whereby (1) 19/.
Whereupon [1) 78/18
whether (7) 10/14 11/13 55/16
55/16 55/21 67/12 67/13
which [82J
while [5J 21/1 35/6 39/2
49/12 76/22
who (26) 6/6 10/10 10/20
12/11 12/14 13/1 13/1 18/15
19/21 19/21 21/14 22/11
22/15 22/18 22/19 28/15
35/23 41/7 48/23 54/7 55/15
58/16 69/5 69/23 70/4 72/22
who's [3) 17/22 69/24 70/10
whole (9) 11/2 27/2 27/14
33/16 33/24 33/25 40/22 68/5
78/8
wholly (2) 24/20 69/6
whom [3J 16/16 36/13 66/5
why (21) 7/23 10/6 10/7 12/25
14/14 19/17 20/10 20/14
22/25 23/5 23/14 23/15 23/18
24/7 24/8 42/21 47/8 61/15
62/16 66/25 67/8
will (18) 7/19 9/6 11/16
11/17 11/17 12/19 15/8 15/12
16/1 16/14 23/24 27/4 33/24
35/21 36/6 45/20 48/11 78/14
William [lJ 57/22
willing [9} 7/15 9/5 10/16
16/17 20/9 28/1 32/22 33/5
36/12
window {2) 5/24 10/25
wishes {I)
41/8
within [5J 5/25 38/7 57/3
57/25 58/18
without [24J 7/16 7/19 7/22
9/6 10/3 10/17 11/10 13/13
16/1 22/24 26/1 26/1 26/2
28/2 32/23 33/2 33/6 38/20
40/13 40/25 46/23 50/8 54/9
54/25
woman [1)
20/2
women [1] 67/17

w
won't [5J 7/23 11/14 20/11
21/8 22/20
words [3] 15/15 25/21 75/4
work [30] 7/2 7/7 7/14 7/14
7/15 7/23 9/24 10/1 10/2
12/1 13/2 13/7 13/10 13/11
13/12 13/13 21/17 22/10
22/18 22/19 22/23 22/24
27/11 29/20 29/23 32/16
33/12 36/13 36/19 77/3
worked [1] 67/18
working [1] 63/15
workplace [1]
55/17
works [3] 12/14 28/8 59/22
world [2J 18/1 18/2
worse [1]
64/1
would [67] 5/5 5/18 6/20 6/22
9/12 10/10 12/25 13/14 14/18
15/2 15/3 17/15 19/6 19/17
19/19 19/20 20/14 23/19
23/25 24/2 25/15 26/8 26/13
26/15 26/17 26/19 26/20
26/20 26/22 26/24 33/8 34/21
36/3 36/23 37/17 38/12 39/4
40/1 44/6 44/9 44/10 45/19
46/12 47/8 47/18 49/9 50/9
51/6 52/7 58/19 59/14 64/8
64/9 64/9 65/2 66/9 66/14
66/25 70/25 71/1 71/1 71/2
71/7 76/1 78/5 78/7 78/9
wouldn't [2] 6/19 51/8
write (1]
60/17
writing [1]
78/14
wrong [2J 32/13 45/11
wronas

[1]

73/23

Y
year [21] 44/4 44/7 44/13
48/25 49/14 50/16 51/1 51/11
57/4 57/14 58/1 58/22 59/5
60/9 60/24 61/7 61/12 69/19
73/2 75/8 76/9
yesrs [9] 17/19 33/17 33/24
49/7 55/3 69/8 69/21 73/24
75/15
yes [31] 4/16 5/3 11/14 16/19
20/6 24/18 28/3 28/23 29/1
29/3 30/25 32/24 33/2 33/3
33/4 39/25 43/2 44/10 45/14
46/2 46/17 48/16 51/16 54/11
54/22 55/2 55/10 55/11 60/22
65/21 75/17
YORK [60] 1/1 1/2 1/17 1/17
2/4 2/18 14/18 14/20 14/22
15/2 15/3 15/12 18/14 29/17
30/21 42/5 42/8 42/11 42/14
42/15 44/17 44/18 44/25
44/25 45/2 45/3 45/9 45/9
45/10 45/23 47/18 47/22 48/6
48/19 48/20 49/1 49/13 49/16
49/18 49/20 49/23 56/25 57/3
57/25 58/4 58/14 58/18 71/24
72/10 72/11 72/12 72/17
72/20 72/21 72/24 73/4 73/7
73/9 73/11 74/7
York's

[1]

31/22

you [144J
you'd [1] 47/4
you're [57] 6/1 6/7 6/12 7/24
8/11 8/13 9/15 9/17 11/12
11/15 12/2 12/8 14/7 15/14

15/15 15/18 15/23 16/10

16/10 18/5 20/12 20/21 21/12
22/7 22/10 22/13 22/15 22/19
23/9 23/19 25/25 32/14 32/22
33/5 41/17 45/15 51/2 52/10
54/5 54/9 54/15 56/16 63/23
63/23 64/14 65/2 65/4 65/4
65/5 66/19 66/23 67/4 68/4
68/13 68/17 70/1 78/6
you've [5] 23/16 33/22 33/22
70/1 70/2
your [89J
Ivourse1f [11 61/6

Z
ZACHARY [1] 2/14
zero [1] 30/9
Zucker [3] 35/23 35/24 36/8
Zucker's [1]
36/25