North Dakota Wonder Fund’s Kevin O’Leary visits with The Flag’s Scott Hennen on What’s On Your Mind
GRAND JUNCTION, COLO. – A judge has dismissed a case involving the North Dakota Wonder Fund.
Judge Gordon Gallagher presided over the case in the U.S. District Court for the District of Colorado and issued the ruling late last week. His dismissal also included a ‘with prejudice’ clause, meaning the action cannot be refiled with the court.
Kevin O’Leary is the founder of the North Dakota Wonder Fund and was on ABC’s Shark Tank.
“However, when considered in light of the O’Leary Defendants’ motion for sanctions which discusses how Plaintiff used this case for months to garner media and public attention, the prejudice becomes significantly more substantial as Plaintiff lodged claims and then leveraged them for media exposure while Defendants were hamstrung in their ability to show the falsity of the claims because Plaintiff did not proceed with her own case,” the judge said.
The lawsuit was filed by entrepreneur Melissa Brandao and alleged O’Leary defrauded investors, among other allegations.
“I don’t know the woman who sued me and some of my staff. I don’t know why they did it, but we went to court, and it was thrown out with prejudice,” O’Leary told The Flag’s What’s On Your Mind. “I can’t believe they would just sue me without ever even talking to me.”
In Gallagher’s ruling, Brandao reportedly ‘had not lodged a response to’ a series of motions and a Show Cause Order was filed with the court on January 14. The four motions were filed in November and December.
In the Show Cause Order, the Court discussed whether dismissal is a just sanction for Plaintiff’s failure to respond but resolved not to decide the issue without affording Plaintiff an opportunity to respond, according to the ruling.
“Plaintiff’s Counsel filed a declaration on January 21, 2026, attributing Plaintiff’s lack of responses to his inexperience managing a solo private law practice and preoccupation with other litigation in the Southern District of New York and the Northern District of California,” the filing read.
Flag Family News has reached out to Brandao’s attorney for comment.
