St. Mary businessman goes to court for control of Pelican companies

THIBODAUX — Four years ago, Jonathan Scully was an up-and-coming business leader in east St. Mary.
Still only 28, Scully’s Berwick-based businesses, most under the Pelican name, rented and leased big equipment, owned land, provided construction and labor services, and later rented golf carts, kayaks and other equipment to visitors at Morgan City’s Lake End Park.
The companies employed 20 people and had yearly revenue of about $5 million, according to court filings by Scully.
But now Scully is locked in a legal fight to regain control of the businesses, saying he was misled by a promise of a $45 million-$50 million investment from his insurance agent in exchange for majority ownership.
Instead of being able to expand his Pelican companies, Scully said, he saw them burdened with debt payments for equipment purchases made to benefit his new investors, not Pelican.
And in April 2024, having lost majority ownership in what he says were one-sided deals, Scully was fired from his post as manager of the businesses.
Now he’s seeking a temporary restraining order, saying the one-sided contract should be declared void. As of publication time, the request is pending in 17th Judicial District Court in Thibodaux.
The defendants — former Lockport insurance agency owner Ross Laris, Millennium Supply Boats LLC and LAC Rentals LLC — have also filed a request in the 17th JDC for a temporary restraining order of their own.
Pelican eventually received about $2.5 million from the defendants, according to Scully and court documents, far short of the amount Scully says he believed the defendants were prepared to invest.
“We reject those charges,” said attorney David Flotte, representing the defendants, in a phone interview.
The contract Scully entered as part of the deal gave 50.1% ownership of the companies to Millennium, with Scully retaining 49.9% ownership. And Flotte said the contract Scully entered gave the new majority owners the power to decide whether to extend money to Pelican.
The defendants filed their request Dec. 27 in Thibodaux. The filing was not publicly available for view at our deadline.
According to Scully’s TRO application:
• Laris told Scully in 2021 that he would soon sell his insurance business. He offered to invest $50 million in Pelican Companies, with which Laris was familiar as its insurance agent, in exchange for a 50% ownership stake.
•Based on that offer, Pelican spent $200,000 hiring new employees, leasing land for a lot to house the new equipment, and other expenses. But Laris delayed making any investment until, in May 2021, a letter of intent introduced Millennium as an entity controlled by Laris and offering funding of $5 million for operating expenses and $45 million for equipment in return for a 50.1% ownership interest in the Pelican companies.
Laris told Scully he wanted the majority ownership share in case Scully “would start doing drugs.”
Scully was to remain as president in charge of Pelican’s day-to-day management.
•In September 2021, Laris presented Scully with a contract calling for a single loan or line of credit of $45 million, which could be used only at the discretion of Laris or Millennium. The defendants would still get the 50.1% ownership share.
Those conditions should make the contract null, Scully argued.
Laris gave Scully a payment of $1 million and insisted that Scully sign the contract without waiting for a review by legal counsel or others. Scully signed the contract, “believing Laris was a reputable and truthful man. …”
Later, Laris told Scully the he and MSB never had $45 million to lend and had no intention of lending the money, Scully's court filing said.
Scully was also bound to personally guarantee any amounts lent to Pelican by MSB or Laris.
•At the signing of the contract and personal guaranty, Laris told Scully, “You are mine now.” Subsequently, Laris used the personal guaranty as a threat to ruin Scully “whenever convenient to Laris to coerce Scully into going along with actions demanding by Laris …,” according to Scully’s filing.
•After Pelican received $2 million under the contract, Laris created a company called LAC Equipment LLC. LAC used Pelican employees to begin buying $10 million in equipment on credit. Asked by Scully why the money wasn't lent to Pelican for equipment purchases, Laris first said it was easier to acquire credit and to avoid liens and other complications.
Later, Laris admitted that using LAC was better for him and would provide a tax write-off, according to Scully’s filing.
•Laris began to require Pelican to lease LAC equipment to Pelican’s customers and demanded that Pelican pay hundreds of thousands each month to LAC to pay off loans. The payments strained Pelican’s finances. Laris refused to provide more operating capital, telling Scully, “You can’t come running to daddy every time you need money.”
•Laris ordered Scully to hire a salesperson for $150,000 a year, even though that salary was more than Scully was paid. The salesperson, a relative of Laris, stopped making in-person sales calls within a year.
•When another rental company was considering a merger or acquisition with Pelican, the suitor wanted Pelican’s operating agreements. Scully said there were no operating contracts for any of the Pelican companies after September 2021, but Laris produced the agreements and, again citing the personal guaranty provision, said Scully’s refusal to sign them would not be good for Scully.
The deal with the suitor fell through after Laris refused to put up $1 million in working capital that the suitor asked for.
•Late in 2023, Laris proposed a merger between Pelican America and Intak, the Texas company in which Laris held a majority interest. A draft operating agreement reduced Scully’s ownership share to 16%, and Scully objected.
•After another attempt to acquire an investor failed, again over objections by Scully, a representative of Laris and MSB told Pelican employees that Scully was no longer in charge.
He was accused of failing to pay sales taxes and payroll withholding.
“The only reason we failed to pay it is because we didn’t have any money,” Scully said. “That was a result of Laris not putting up the $42 million.”
Scully had successfully obtained a temporary restraining order in 16th Judicial District Court. But, under the terms of the agreement with Laris and Millennium, the case was transferred to the 17th JDC.
The list of plaintiffs includes Scully, 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.