Sam’s statement partially contradicts this by saying they contracted the voice actor before ScarJo - but I believe there’s enough intent shown in ScarJos original tweet that Sam as a default disregarded the entire interaction as an inconvenience where he could be “naughty” and get away without consequences.
I'm sure lots of movies have tried to cast Scarlett Johanson for a role and she declined, so they went with another actress who looked similar. Should she sue them too?