The new sighting comes shortly after it was reported that Ben, 52, spent the holidays with his ex-wife Jennifer Garner and all three of their shared children.
The actor's lawsuit claims he and his team were "segregated from the main cast, barred from the exclusive after-party, and forced to organize their own event at additional cost."
The actress shut down comments about her appearance, writing, "Next time you feel like commenting on someone's body, I suggest you keep it to your f--king self."