It’s been just over a month since Kesha filed a lawsuit against producer Dr. Luke claiming he drugged and raped her, and he is now asking a judge to dismiss it.

He filed paperwork on Monday asking the judge to throw out the lawsuit based on the statute of limitations running out. He has always denied her claims, saying she was trying to extort him.

His lawyer said his client hasn’t seen the “Tik Tok” singer “in years” and her timing is suspect.

She never “never reported the allegations to any authorities,” they claim, and “chose a convenient, long-ago time period for the false allegations,” Daily News reports.

Late last month, Dr. Luke’s lawyer got documents unsealed that show Kesha swore under oath that he did not sexually abuse her.

TMZ reported at the time it was from a deposition from 2011, where she said she never had an intimate relationship with him nor did he ever “roofie” her.

In Monday’s paperwork, Dr. Luke also said his contract with Kesha states any issues should be settled in New York courts, not California.

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