A screenwriter is suing director Alexander Payne, alleging that the Oscar winner rewrote his script “Frisco” to become “The Holdovers.”
Simon Stephenson, a screenwriter behind “The Electrical Life of Louis Wain” and “Luca,” is accusing Payne of copyright infringement in a lawsuit filed Wednesday in a California federal court. In court documents obtained by The Times, Stephenson alleges that he wrote “Frisco” based on his experiences as a pediatrician and uploaded it to the industry platform “The Black List,” where it was ranked the third-best unproduced screenplay in 2013.
The same year, the suit alleges agents for Stephenson sent the script to Payne, who declined the project. They sent it a second time in 2019, and Payne passed again, according to the civil complaint.
“But in 2022, he finally made Stephenson’s screenplay,” the lawsuit reads. “Under Payne’s direction, Stephenson’s children’s hospital became a boarding school, the cynical pediatrician became a cynical teacher, and the precocious patient became a precocious pupil. The film earned its credited screenwriter career-defining Academy Award and BAFTA nominations, and the Writers Guild Award for Original Screenplay. Unfortunately, that credited screenwriter was not Stephenson, and the film was not called Frisco. It was called The Holdovers.”
David Hemingson, the creator of ABC’s “Whiskey Cavalier” and a veteran television writer for shows including “Kitchen Confidential” and “How I Met Your Mother,” was also named as a defendant in the lawsuit.
“The Holdovers” is Hemingson’s first produced feature film.
Representatives for Payne, Hemingson and Focus Features did not immediately respond to a request for comment.
In 2023, Payne told The Times that a pilot written by Hemingson, as well as the 1935 French film “Merlusse,” written and directed by Marcel Pagnol, served as inspiration for “The Holdovers.” Both were set at a boarding school. During a 2023 post-screening Q&A interview at the Toronto International Film Festival, Payne was asked how he came up with the idea for the script, and he said it had come to him a decade before.
“I had the idea for the movie for about 10 years, but didn’t have either the discipline to research it, or I hadn’t gotten around to it,” he said. “And out of the blue, about four or five years ago, I was sent a pilot, set in a prep school and a boarding school, and I called the writer and I said, ‘You’ve written a very fine pilot, which I don’t wish to direct, but would you consider taking on an idea I have that takes place in that same world?’ And he did, and this is what worked out.”
Hemingson has the sole screenwriting credit on the film. Before “The Holdovers,” Payne is credited with penning most of the scripts that became his acclaimed films. He won Academy Awards for the adapted screenplays of “Sideways” (written with Jim Taylor) and “The Descendants” (written with Nat Faxon and Jim Rash), but he told The Times that he took a more supervisory role on “The Holdovers.”
“He would run two, three, four different scenarios by me, and I would put the kibosh on him until we finally said, ‘Yes, this one,’ ” Payne said in a 2023 interview.
In March 2024, Variety reported that Stephenson exchanged emails and calls with the Writers Guild of America’s senior director of credits Lesley Mackey, alleging he needed to discuss a “credits-related issue” on a high-profile film. In one email, Stephenson wrote, “the evidence the holdovers screenplay has been plagiarised line-by-line from frisco is genuinely overwhelming – anybody who looks at even the briefest sample pretty much invariably uses the word ‘brazen.’”
About a month after the accusations made headlines, Hemingson won the 2024 Writers Guild Award for original screenplay for “The Holdovers.” In his acceptance speech, Hemingson said he’d been a “proud member of the Writers Guild for 28 years” and thanked his wife and sons “who supported me for the six grueling years it took to conceive of and write ‘The Holdovers’ and for it to go from from page to screen.” He also thanked the cast for bringing his characters to life and accepted the award in memory of his mother, and his father “who gave me my love of the written word and taught me the value of integrity.”
“I believe that in life, things often arrive right on time. It took 28 years of reflection and experience and ups and downs for me to be able to tell this deeply personal love story,” he said. “Took a brilliant cast and a brilliant director to bring it to life at this time when we’re all so in need of connection.”
At the 2024 Sarajevo Film Festival, Payne shot down allegations that he’d lifted major elements of the script from Stephenson’s “Frisco,” calling the accusation “the stupidest thing in the world.”
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