Kyle Barnett Oct. 23, 2013, 5:49pm

GRETNA – The CEO of a newly created marketing firm is suing one of the firm’s co-owners for pulling out of the company and failing to pay his salary.

Marshall Winters filed suit against D.A. Magee in the 24th Judicial District Court on Sept. 24.

Winters claims he was recruited by Magee and and his business partner Robert “Trey” Berning III to become the CEO of a marketing firm they created.

The plaintiff alleges before he signed a contract agreement with Magee and Winters he was in a position as Resident Entrepreneur at the New Orleans Bio-Innovation Center, which he left to pursue the opportunity to become CEO of the new firm named Velocity Agency LLC at a salary of $85,000 per year. Winters asserts he agreed to search for new business accounts with the eventual goal of getting the company to become fully funded and that in exchange he was provided a bi-weekly check of $1,770.83 which was alternately paid by Magee and Winters. The plaintiff claims that before his 12 month contract had ended Magee pulled out of the agency and failed to remit his portion of the plaintiff’s salary in the amount of $23,333.28.

The defendant is accused of breach of contract.

Damages in the amount of $23,333.28 plus legal costs are sought by the plaintiff.

Winters is represented by attorney C. Michael Winters of New Orleans.

The case has been assigned to Division B Judge Cornelius E. Regan.

Case no. 731-352.  

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