A legal dispute over The Same Old New Gemini has generated uncertainty about the future of the pub on State Street in Lake Oswego.
Josh Malm and Gemini Bar & Grill LLC filed a lawsuit May 9 accusing property owner Sean Casey of breaking into Malm’s residence (located above the business), threatening him about money and harassing employees before taking over the residence and forcing Malm out of it. Further, the suit alleges Casey broke into the Gemini space and “disconnected security cameras, changed the security access code to the Private Commercial Area, and thereby excluded, and continues to exclude, Gemini personnel and Malm from access to the Private Commercial Area.”
According to the lawsuit, Casey used the security cameras to spy on Gemini personnel, disconnected ethernet cables and turned up HVAC systems to the maximum levels to make the bar uncomfortable.
“Since early April 2024, Casey circles the Building on a regular and obsessive basis and harasses Gemini personnel and interferes with their work and duties. Gemini personnel repeatedly excluded and removed Casey from the Property but he won’t stay away and continues to harass Gemini’s employees and customers,” the lawsuit reads.
The plaintiffs seek $15,000 in damages and attorney fees.
Last week, Casey filed a motion to dismiss the case. The filing alleges that Malm never took over ownership of the business, that a lease was never put into writing either and that Malm and the LLC did not comply with filing requirements for a forcible entry and detainer legal action.
“A writing to support Plaintiffs’ allegations does not exist and Plaintiff’s do not have an interest in the business, business assets, and real property alleged in their Complaint … Plaintiff’s claims against Defendant should be dismissed and Defendant should be awarded his reasonable attorney fees together with his costs and disbursements,” Casey’s response reads.
Malm’s complaint claims he bought Gemini from Casey in July 2023. It also states that the bar’s 20-year lease agreement with Casey was verbal, not written.
“In September 2023, the parties altered the rental agreement by (a) renting the entire Property (including the Apartment) to Gemini and Malm and (b) increasing monthly rent $5,000.00 to $20,000.00 total. In September 2023, Casey vacated the Property. On or about October 1, 2023, Malm changed his residence to the Property and began residing in the Apartment,” the complaint reads.
Amid this legal battle, Gemini appears to be closed. The business has a sign written on it that says “This property is currently in an ongoing civil matter. Any attempt to change locks will result in notification of local police. This property has 24 HR. surveillance to ensure the safety of building and property.” This notice is signed by Casey.
According to an article on Beerchaser.com, Gemini first opened in Lake Oswego in 1982.
The Review reached out to Gemini representatives and did not hear back. Casey also did not respond to a request for comment.
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