LOS ANGELES (CNS) - Pending appeals by both sides, a judge has put on hold an upcoming defense motion in a lawsuit by a "Horizon 2" stunt double who says she was unexpectedly required to take part in a sexual violence scene in 2023 that has left her with severe emotional distress.
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Along with Kevin Costner, the 70-year-old Hollywood icon who won Oscars for both best picture and best director for 1990's "Dances With Wolves," Devyn LaBella's Los Angeles Superior Court lawsuit also names as defendants Horizon Series Inc., Horizon Series 2 LLC and Territory Pictures Inc.
On Friday, based on an agreement by the parties, Judge Jon Takasugi canceled upcoming proceedings in the case -- one of them a defense motion challenging the plaintiffs' claims and another a case management conference -- pending the outcome of the appeals. The judge also scheduled a March 13 status conference.
All discovery in the case was automatically stayed by the appeals. However, the motion hearing and the case management conference were scheduled before the judge's Oct. 16 ruling in which he denied a defense motion to toss the lawsuit in its entirety on free-speech grounds while still eliminating one of LaBella's claims for sexual harassment and another alleging civil rights violations.
Costner seeks reversal of the judge's decision to allow LaBella to continue with her causes of action for another sexual harassment allegation as well as those for sexual discrimination, hostile work environment, failure to remedy and prevent discrimination, retaliation, intentional interference with prospective economic advantage, breach of contract and infliction of emotional distress.
Costner's attorneys had banked on the state's anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
In his ruling, Takasugi said that while LaBella alleged only a single incident, she submitted evidence that could show she was subjected to an unplanned simulated rape scene performed without a discussion, explanation, choreography session or stunt or intimacy coordinator present.
LaBella was the stunt double for Ella Hunt, who was played Juliette in the "Horizon" films. LaBella maintains that Costner decided without previous warning in May 2023 that he wanted a scene in which the character would be sexually assaulted.
In addition, LaBella was not told that Hunt had refused to do the scene and had walked off the set, the suit states. Despite the scene's sensitive nature, multiple onlookers along with the producers watched events unfold on monitors in the video village and several takes of the scene were conducted, the suit further states.
After her complaints, LaBella was not brought back for "Horizon 3," which began filming in early 2024, the suit filed May 27 states.
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