Defendants say Scully interfered with Pelican management

THIBODAUX -- The legal battle for control of St. Mary's Pelican Companies continued this week with allegations that the companies' founder interfered with the new owners' ability to manage the enterprise.
The founder, Jonathan Scully, continues to challenge the 2021 transfer of a majority ownership in Pelican to Ross Laris and Millennium Supply Boats, saying they failed to come through with up to $45 million in financing he was promised.
In a request for a temporary restraining order in 17th Judicial District Court in Thibodaux, Scully's counsel argues that the contract awarding majority ownership to Laris and Millennium should be considered null under Louisiana contract law.
At issue is control of Pelican Companies, Pelican Rentals and Services, Pelican Contractors of USA, Pelican Industrial of USA, Pelican Equipment Co., Pelican Marine and Oil, Pelican Pelican Transportation and Logistics, Jonathan Scully Companies, Pelican Real Estate of America and Lake End Rentals, all limited liability corporations. Pelican is based in Berwick.
On Dec. 27, counsel for Millennium and Laris, who until recently operated an insurance agency in Lockport, filed a petition for a temporary restraining order and a preliminary injunction pending arbitration.
The petition seeks "to prevent Jonathan Scully from taking additional company assets and money for his personal use, and/or damaging the companies. ..."
The Laris-Millennium petition says:
--On Sept. 26, 2021, Laris gave Scully a check for $1 million and a proposed contract and personal guarantee in exchange for 50.1% ownership of the 10 Pelican companies. Scully subsequently spent the money.
--The contract did not obligate Laris or Millennium to provide up to $45 million in financing, the petition says.
--In May 2023, Scully signed operating agreements for the companies that confirmed the transfer of 50.1% ownership. The agreements gave management powers to Scully but said he could be discharged without cause.
--Scully was removed as manager April 2, 2024, "due to poor job performance." A sworn statement from a financial adviser said Pelican Companies failed to pay sales taxes" in multiple jurisdictions." Laris made contributions totaling $135,000 toward the taxes.
And the company had a bill for about $189,000 for what the petition says were personal charges by Scully on a company credit card.
In the first quarter of 2024, the companies' liabilities exceeded its assets by $5 million, the adviser said.
--Scully was fired after refusing to sign a note from Pelican in favor of Millennium.
--On July 8, 2024, Scully sought a temporary restraining order, damages, injunctive relief and declaratory judgment in St. Mary Parish, alleging that he was 100% owner of Pelican because the failure to provide the full $45 million in financing wasn't provided. Laris and Millennium argued that the contract didn't require financing at that level, that the transfer of 50.1% ownership was valid and Scully had no power to seek legal relief on Pelican's behalf.
--The petition also said that Scully sold $200,000 in real estate without authority of Pelican, Millennium or Laris and sold nearly all assets of Lake End Rentals and diverted some of the proceeds to himself "without the knowledge or consent of Mr. Laris or MSB."
--Scully took actions interfering with management of the companies: locking the comptroller out of the accounting system, denying employees access to a post office box used to receive payments, blocking access to a bank account and the company email system, and removed a server used to manage rental transactions. "A computer was also taken," the petition said.
"Mr. Laris reasonably believes this was done by Mr. Scully to sabotage the Pelican Companies and reasonably fears that Mr. Scully will secretly deposit rental checks from customers into Pelican's ... bank account, as he has done in the past, and convert them to personal use."
--Scully is also accused of taking possession of property and cash belonging to Pelican for his personal use.
During settlement talks, Scully refused to restore access as promised, the petition says.
The petition asks the court to prevent Scully from closing the Pelican Companies office, to return servers and computers, to restore access to company accounts to the comptroller, and to block Scully from diverting Pelican assets.
The response from Scully's counsel says that because Laris or Millennium failed to put up the full $45 million in financing, and act never had the money to lend, they forfeited ownership interest in Pelican.
With no membership in Pelican, the response argues Laris and Millennium have no basis for preventing Scully from managing the companies.
There was no immediate word on a when a ruling might come. The case is before District Judge Rebecca Robichaux.