'Odd Thomas' Producers Suing Over $35 Mil in Marketing and Distribution Costs, Loans

Willem Dafoe Headshot 2011
Jemal Countess/Getty Images for The Weinstein Company

NEW YORK, NY - MARCH 14:  Actor Willem Dafoe attends the premiere of Julian Schnabel's "Miral" hosted by The Weinstein Company and His Excellency Mr. Joseph Deiss, President of the 65th session of the United Nations General Assembly at United Nations General Assembly Hall on March 14, 2011 in New York City.

The producers of Odd Thomas, a feature starring Willem Dafoe and based on a Dean Koontz novel, are suing several entities alleging that they failed to provide $35 million that would have gone toward marketing and distributing the movie and paying back production loans.

Two Out of Ten Prods., known at TOOT, and Fusion Films filed their lawsuit Monday in Los Angeles Superior Court, naming as defendants Outsource Media Group Fund, ABS Investment Group, individuals Craig Chang and Mark Bishop, and Outsource Media Group. The latter, referred to as OMG in the lawsuit, is run by principals Bradley Holmes, Dan Reardon and Harrison Kordestani, an executive producer of lower-budget horrors and thrillers such as The Coffin, Already Dead, In a Dark Place and Intervention.

Read the full complaint

Odd Thomas was directed and co-written by Stephen Sommers, whose writing, producing and directing credits include G.I. Joe: The Rise of the Cobra, Van Helsing, The Mummy, The Mummy Returns and The Scorpion King.

According to TOOT and Fusion, OMG pledged to spend $25 million on prints and advertising to support a release of Odd Thomas in the U.S. and another $10 million to partially refinance certain loans. Several deadlines came and went, but most of the money never materialized, according to the lawsuit, filed by the Law Offices of Alan S. Gutman in Beverly Hills.

The lawsuit alleges that when money was promised but did not arrive, “substantial problems with the distribution of the film and with the plaintiff’s existing investors and international distributors” arose.

The producers had several meetings with OMG at the Cannes Film Festival in 2012 and amended their agreement, and promises that money would be forthcoming were again made. Some of the money, according to the lawsuit, was to come from Justin Thompson, a son of one of the founders of Skype, and via Mark Bishop, an expert in mortgage-backed securities.

During the meetings at Cannes, the lawsuit alleges, “Bishop made numerous representations that their funding was in place” and that “Bishop and other high-net-worth individuals were supporting OMG’s obligations.”

While at Cannes, says the lawsuit, Bishop “reiterated that he had $45 million in bonds that he was willing to pledge to ensure that the print and advertising commitment for the picture was met.”

Still, the money never arrived, according to the lawsuit.

TOOT and Fusion are suing for compensatory damages, punitive damages, attorneys’ fees, costs of the suit and other relief.

Odd Thomas tells the story of a clairvoyant short-order cook working in a desert town who encounters a potentially dangerous and very mysterious man.