The script by Lonergan, a playwright who has screenwriting credits on "Analyze This" and Scorsese's Oscar-nominated "Gangs of New York," is dramatically ambitious and clearly would yield an R-rated movie. Running a sizable 168 pages, Lonergan's "Margaret" script reaches in many directions -- including the political and cultural mood of post- 9/11 New York.
The story revolves around 17-year-old Lisa (Paquin), who may have contributed to a bus accident in Manhattan's Upper West Side. Lisa's mother, Joan (played by Lonergan's wife, J. Smith-Cameron), is a single mom grappling with parenting and her acting career. A sexually active teen, Lisa inappropriately flirts with one of her teachers (Damon) while arguing with her classmates about the Middle East. Lisa ultimately becomes involved in a legal action against the bus operator(Ruffalo). The film's title comes from the Margaret in the poem "Spring and Fall: To a Young Child" by 19th century poet Gerard Manley Hopkins, briefly alluded to in one of Lisa's classrooms.
Gilbert, who made his fortune in the mortgage business and is part-owner of the NBA's Cleveland Cavaliers, had financed 2004's "Garden State," which Searchlight and Miramax Films acquired at the Sundance Film Festival and released to commercial and critical acclaim. Fox Searchlight and Camelot Pictures, Gilbert's production company, agreed to split "Margaret's" costs.
"Margaret" started filming in New York in September 2005 and wrapped photography about three months later, court documents show. It was in the editing room, interviews and court records show, that "Margaret" fell apart.
Even though he had made only one movie, Lonergan enjoyed "final cut" status as a director, a level of creative autonomy typically enjoyed by A-listers such as Steven Spielberg. That status meant that as long as certain conditions were met (including a running time not to exceed 150 minutes, court records show), Lonergan could personally dictate the film's final form -- neither the studio nor Gilbert could take it away from him.
Why Lonergan couldn't finish a version of the film he liked is central to the dispute. Even Lonergan's supporters say he is an exacting perfectionist who struggled to find the movie within the footage he had shot. Gilbert's advocates say (and his lawsuit alleges) that the producer gave Lonergan countless chances to finish the movie but that Lonergan failed to take anyone's counsel.
"Previews and screenings were scheduled throughout 2006, yet they had to be canceled time and again due to Lonergan's refusal or inability to produce a cut of the picture," Gilbert argued in his suit against Lonergan and Fox Searchlight.
Gilbert in his legal papers also says that Lonergan "failed to keep regular hours," that producer Pollack cut short an editing session "having become disgusted by, and frustrated with, Lonergan's unprofessional and irrational behavior" and that Lonergan "did not listen to, or implement" editor Schoonmaker's suggestions. Gilbert said that when Fox Searchlight refused to pay for additional post-production costs, he footed the bill. At some point around that time, Lonergan turned to Broderick for a loan, according to a person close to the film.
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Film work has stopped
After a year and a half of editing, the situation imploded in the summer of 2007. Gilbert brought back the film's original editors, McCabe and Mike Fay, to recut the film while Lonergan was on vacation, but when Lonergan returned he "forbade" them to work on the film, Gilbert's lawsuit says.
Gilbert also hired editor Dylan Tichenor ("Brokeback Mountain") to recut the film, but Gilbert says that Fox Searchlight "refused even to screen it" in part because it didn't want to "damage . . . its reputation among the 'director community,' " his lawsuit says.
The financier argues his hands were tied: Lonergan wouldn't finish the movie to his or Gilbert's satisfaction, and no one -- including Fox Searchlight or producer Rudin (Pollack, who died in 2008, was in declining health) -- was willing to show a final-cut director the door.
Not long after, "Margaret's" completion bond company, International Film Guarantors, which insures that the film will be finished and delivered in a timely manner, stepped in. Lonergan gave IFG an earlier cut of the film (which Gilbert says was "randomly selected" and "incoherent"), which was then delivered to Fox Searchlight last June. With the film in hand, Fox Searchlight demanded that Gilbert and Camelot pay its contractually obligated share of the film's budget, $6.2 million, which they haven't paid.
Fox Searchlight said in its lawsuit that Gilbert and Camelot "invented a number of flimsy excuses." The studio believes Gilbert and Camelot's lawsuit against Lonergan and Fox Searchlight is essentially an attempt by Gilbert to delay payment and exercise creative rights he doesn't possess.
Gilbert's lawyer, Michael Plonsker, said that suggestion is "absurd. Without Camelot's financial support, Mr. Lonergan would not have been given the luxury to continue working on the film for over 2 1/2 years, which still was not enough time for him to complete his cut."
Lonergan's lawyer, Mathew Rosengart, said in a statement: "Mr. Lonergan has complied with and will continue to comply with his agreements."
Until the litigation is resolved, work on "Margaret" has stopped. Fox Searchlight probably won't have any problem putting the film behind it, but the same might not be true for Gilbert and Lonergan. For them, the film's dilemma mirrors a line from Hopkins' poem: "It is Margaret you mourn for."
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john.horn@latimes.com
