ThinkFilm's bills pile up

Promo firm Mammoth sues film unit

By WINTER MILLER

Adding to ThinkFilm's legal woes, Mammoth Advertising, a Brooklyn-based company handling promotion and ads, has filed a lawsuit against the beleaguered distrib and its parent, David Bergstein's Capitol Films, for failing to pay $428,295 in fees.

Filed in New York's Supreme Court, Mammoth's suit alleges that the company was negligent in paying bills dating back to September. Think had previously posted a check for $80,000 that bounced.

Some of the fees owed are related to a media plan purchased for Think's "Before the Devil Knows You're Dead," the Sidney Lumet-helmed film that was released in October and has grossed upward of $19 million. Mammoth contends it has not been paid a cent of the $257,000 it claims it's owed despite repeated payment requests.

Mammoth's attorney Edward W. Hayes served Think with papers on May 2. Reached Friday, Hayes said a representative from Capitol/Think called to say the company intends to respond and wants to create a payment schedule.

Referring to Think and Capitol, Hayes said, "They don't want to sue and have to spend all that money on lawyers' fees."

Calls to Think were referred to Bergstein's praisery Insignia PR, which had no comment.