UPDATE: A court filing released on Friday has sided with Kesha and ordered that all her medical records be kept confidential. The ruling was made, according to the filing, to “insulate her from unnecessary embarrassment and to protect her medical providers from the press and the media.”
Kesha is requesting a New York judge issue a protective order to keep her personal medical files private, according to court papers filed Monday (via Buzzfeed). The order would prevent the defendant, producer Lukasz “Dr. Luke” Gottwald, from leaking potentially sensitive information about her medical history during their ongoing sexual assault lawsuit.
The order request comes after Gottwald’s legal team refused to agree to keep Kesha’s 913 pages of gynecological, psychiatric and rehabilitation medical records confidential. “Because Kesha made public accusations and in the case that she was allegedly harmed by Dr. Luke, the Court ordered her to produce her medical records. Now, Kesha wants to hide her records, while continuing to make self-serving, selective and misleading statements to hurt my clients publicly,” said Gottwald’s lawyer Christine Lepera in a statement.
“Our position is that that the Court — and not Kesha’s lawyers — should decide whether Kesha’s medical information remains confidential given her public disclosures. We in fact offered to keep the records confidential pending the Court’s decision as to them. Kesha’s attorneys refused that offer, and instead filed their misleading motion for more press attacks on my clients.”
The singer’s attorneys countered that Gottwald only intends to use the records to embarrass her and waste her legal resources. “Gottwald, who is purported to be worth an excess of $100 million, has made clear his intent to make the litigation as expensive as possible for the single defendant Ms. Sebert who is currently unable to publish music without Gottwald’s involvement,” the court filings state. “[His] strategy in the litigation has been to subject Ms. Sebert to extreme embarrassment and harassment going as far as to raise questions in depositions regarding whether Ms. Sebert is ‘sexually aggressive.'”
In 2014, Kesha initially sued Gottwald of sexual assault and harassment among other claims, which he has denied. Last August, she filed to dismiss the lawsuit in California, focusing only on her appeal and other legal claims in New York, where a judge dismissed her sexual abuse claims against Gottwald in April. “Kesha is focused on getting back to work and has delivered 28 new songs to the record label. We have conveyed to Sony and the label Kesha’s strong desire to release her next album and single as soon as possible,” said the singer’s attorney Daniel Petrocelli in August.
The only current pending claim is a request to terminate Kesha’s contract with Gottwald’s company, KMI, because his suit against her requested money damages rather than requiring her to fulfill the contract.
A hearing on this motion for a protective order is scheduled for Wednesday, Oct. 26th.