Kesha Files Protective Order Against Dr. Luke to Keep Medical Records Private | NBC Southern California

Kesha Files Protective Order Against Dr. Luke to Keep Medical Records Private

Kesha was initially ordered by the court to provide such records in an order of discovery in her ongoing sexual assault lawsuit against Dr. Luke

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    In this April 27, 2011, file photo, producer Dr. Luke and Kesha stand on stage at the 28th Annual ASCAP Pop Music Awards in Hollywood. Her medical records emerged as the latest flashpoint Monday, Oct. 10, 2016, in their yearslong legal fight stemming from a sexual assault accusation.

    Kesha wants her private information to stay that way.

    In the midst of an ongoing legal battle with music producer Dr. Luke and Sony Music over allegations of sexual assault, the singer filed for a protective order against the music mogul to ensure her "personal medical records, any diagnoses, or the names of any of her medical providers" stay confidential.

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    According to the legal papers, filed Monday and obtained by E! News, Kesha's attorney James Pearl states more than 900 pages of the star's sensitive records, "including gynecological, psychiatric, and rehabilitation records going back more than ten years," have been provided to the court.

    While the Sony parties agreed to a protective order of confidentiality, according to Pearl's argument, Dr. Luke rejected the request and allegedly claimed he has a right to use her records with the public and media "without condition."

    "Her position as a world-renowned recording artist in whom there is great public interest renders any potential disclosure of those records potentially harmful to her personal and economic interests," the papers state.

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    After E! News reached out to Dr. Luke's camp for comment, an attorney sent a statement saying they believe the court "should decide whether Kesha's medical information remains confidential given her public disclosures."

    Kesha was initially ordered by the court to provide such records in an order of discovery in mid-September attached to her ongoing sexual assault lawsuit against Luke stemming from 2014.

    In the initial filing, Kesha accused the producer of sexual assault and harassment among other claims, all of which he has denied. As of August, Kesha had filed to dismiss the lawsuit in Calif. "Kesha has dismissed her California action without prejudice while she pursues her appeal and other legal claims in the New York courts," her attorney Daniel Petrocelli said in an official statement to E! News.

    "Earlier this year, she lost her meritless counterclaims against Dr. Luke in the New York Action. Recently, the California Court invited Dr. Luke and the other defendants to move to dismiss Kesha's claims in that action, " Luke's attorney Christine Lepera said in a statement to E! News. "Kesha never should have brought her false and meritless claims against Dr. Luke in any court. Dr. Luke's defamation and other claims against Kesha are still proceeding."

    Meanwhile, her focus now is on preventing a leak of her paperwork and any resulting embarrassment, humiliation or "public fodder."

    "Ms. [Kesha Rose] Sebert therefore respectfully requests that the Court bar [Lukasz] Gottwald from publicizing her personal medical diagnoses, medical records, and medical providers or using them for any purpose other than this litigation," the papers read. "Ms. Sebert now fears that Gottwald will seek to disclose and disseminate her personal medical records in an attempt to embarrass and harass her, and she seeks the entry of a protective order precluding him from doing so."

    Lepera's statement about the medical records: 

    "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. 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."

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