A tentative settlement has been reached in a lawsuit filed against Martin Scorsese by a production company that alleged he backed out of a planned film despite signing a contract in 2022 to be an executive producer.
Plaintiff Op-Fortitude Ltd.’s Los Angeles Superior Court lawsuit against Scorsese and his production company, Sikelia Productions Inc., contended he reneged on a $1 million deal to executive produce the World War II movie, titled “Operation: Fortitude.”
On Thursday, an Op-Fortitude attorney filed court papers with Judge Timothy Patrick Dillon notifying him of a “conditional” resolution of the case with the expectation a request for dismissal will be brought by May 6. No terms were divulged.
The British company maintained that the 81-year-old Scorsese accepted a $500,000 initial payment to put together a cast for the movie, then refused to give the money back after doing nothing for more than a year.
Scorsese and Sikelia subsequently filed an answer asking that the case be tossed and Sikelia brought a countersuit alleging its own breach-of-contract claim and contending that Scorsese’s company was short-changed. Simon Afram of Op-Fortitude, who was to produce the movie, also was named in the countersuit.
“This case presents the classic example of the novice filmmaker who refuses to appreciate the stark difference between expectation and reality in the filmmaking business, to the detriment of all involved,” the countersuit stated. “Unfortunately, rather than accept this unavoidable truth, (Op-Fortitude) lashed out and terminated (its) agreement with Sikelia for the executive producing services of Martin Scorsese after only paying Sikelia half of what was owed under that agreement.”
Sikelia believes that before Op-Fortitude approached the Scorsese entity, the production company spent several years attempting to develop the film without success, the countersuit stated.
The January 2022 agreement between the parties contained no provisions about a timeline for performance, according to the countersuit. Scorsese’s film “The Irishman,” released in 2019 and nominated for 10 Academy Awards, started its development in 2007, the countersuit stated.
According to the Op-Fortitude suit filed last May 15, the company spent significant time and resources in partnering with Sikelia. Scorsese and their alleged refusal to perform allegedly has put the picture in jeopardy and resulted in the loss of financing, profits and other commercial opportunities.