Scully takes Pelican legal battle to appeals court

THIBODAUX — St. Mary businessman Jonathan Scully is going to the Louisiana 1st Circuit Court of Appeal in his bid to regain control of 10 St. Mary businesses he founded.
Scully is asking the appellate court to stay a January district judge’s ruling that sends his dispute with a Lockport businessman to arbitration. He hopes to delay the arbitration, which Scully says could damage his position, while he pursues his appeal.
At issue is control of 10 companies, most involved in equipment rental, known collectively as the Pelican companies based in Berwick.
Scully, 28, built the Pelican companies into an enterprise with $5 million in annual revenue and 20 employees. With an eye on expansion, in September 2021 he began talking with Ross Laris, owner of a Lockport insurance agency, about giving up a 50.1% interest in the companies in exchange for a seven-figure loan.
In a lawsuit, Scully contends the deal was contingent on Laris’ Millennium Supply Boats making a $45 million loan, and when the money didn’t come through, the deal was no longer in effect. Loris’ attorneys argue that the deal gave Laris sole power to decide whether to lend the money.
Laris and Millennium eventually provided $2.5 million.
Later, Scully was fired as head of the companies he started, accused of failing to pay income and payroll taxes. Scully said there was no money because Laris failed to come through with the investment.
Laris has also accused Scully of interfering with the company’s operations. The most recent charge is that Scully blocked an attempt by the Pelican comptroller to regain access to company documents through Google Workspace.
Scully won a temporary restraining order in 16th Judicial District Court. But, under the terms of his agreement with Laris, any legal action had to be played out in 17th Judicial District Court, which includes Lafourche Parish.
In response to cross requests for injunctive relief, 17th District Judge Rebecca Robichaux on Jan. 15 ruled in favor of Laris and Millennium. Robichaux stayed the lawsuit pending arbitration.
She prohibited Scully from exercising any control over the companies and from taking any company property.
In asking the 1st Circuit for relief, Scully argues that he is likely to win his lawsuit because the $45 million loan never materialized, voiding the deal that gave Laris and Millennium control of the Pelican companies.
“The law does not allow MSB/Laris, on one hand, to promise a $45,000,000 loan as a capital contribution to receive controlling interest in Pelican, and on the other hand only provide the funds at their whim,” according to court documents filed on Scully’s behalf.
And he says that being forced into arbitration, which is called for in operating agreements but not in the main contract, would constitute harm.
“Scully will be prejudiced if he is required to participate in an arbitration that is ultimately determined to be improper by this Court on appeal,” according to the court documents.
Scully’s attorney argued that there is no arbitration requirement in the contract between Millennium and Scully, although what the plaintiff calls limited arbitration requirements in other documents related to the deal.
The Pelican companies involved in the dispute are Pelican Companies of America LLC, Pelican Rentals and Services LLC, Pelican Contractors of USA LLC, Pelican Industrial of USA LLC, Pelican Equipment Co. LLC, Pelican Marine and Oil LLC, Pelican Transportation and Logistics LLC, Jonathan Scully Companies LLC, Pelican Real Estate of America LLC, and Lake End Rentals LLC.