Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > May > 15 > Entry
Attorney asks judge to force shutdown of Duke’s restaurant
The attorney for former Dominic’s restaurant owner Anne B. Mantia has asked a federal judge to force the closure of Duke’s in West Carrollton after the restaurant remained open for dinner Thursday night, May 14, and for lunch today, May 15, despite a court order filed earlier Thursday afternoon mandating the restaurant close pending the outcome of a federal lawsuit.
A woman who answered the phone at the restaurant late this morning, May 15, said Duke’s is open for lunch its normal hours of 11 a.m. to 2:30 p.m. today.
In his motion, attorney James Morris of Lexington, Ky. noted that an order filed by U.S. District Court Judge Thomas Rose at mid-afternoon Thursday ordered Duke’s owner Reece Powers III and chef Harry Lee and their employees to “immediately cease and desist from the operations of the restaurant at 630 E. Dixie Drive in West Carrollton” — Duke’s address.
A message left for Dennis Lieberman, attorney for Powers and Lee, was not immediately returned.
“The defendants’ ongoing refusal to comply with this court’s orders and mandates require swift response from this court, including a forced closing of the restaurant as well as sequestration of all assets associated” with Duke’s, the most recent contempt motion said.
Rose’s Thursday order held Powers and Lee in civil contempt of court but stopped short of holding them in criminal contempt of court. A hearing on the trademark-infringement lawsuit filed by Mantia against Powers, Lee and her stepdaughter, Christie Mantia, is scheduled for June 8.
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Comments
By old friend
February 9, 2010 12:04 PM | Link to this
You bet I’ll contact these officials. I was a friend and neighbor of Dominic (“Skinny”) Mantia when he opened the restaurant, and a friend and neighbor of Anne Mantia’s late husband Dick and his first wife Carol (Christy’s mother). Why Anne has an axe to grind is beyond me - she merely married into the family. The Mantia men would no doubt oppose everything she is so doing; she must be a gold-digging opportunist. Glad I didn’t know her!
By Craig
February 8, 2010 7:20 AM | Link to this
Christie has more rights to use any of the recipes that belongs to the family not Anne who is just married into the family Dick and Sonny must be rolling over thanks to Anne Karma will bite her sooner or later LET DUKE’S SERVE WHAT THEY WANT!!
By ANTHONY
May 16, 2009 9:54 AM | Link to this
THE ONLY REASON THE WORD DOMINICS WAS MENTIONED WAS FOR PUBLICITY.TO TELL THE PEOPLE THAT GOOD FOOD WAS COMING!! THE SIGN HAS ONLY SAID DUKE’S. ANNE MANTIA SHOULD TAKE THIS AS A COMPLIMENT. BUT LETS LOOK AT THE BIG PICTURE,THE ECONOMY IS ROUGH AND THEM FOLKS ARE JUST TRYING TO MAKE A LIVING. I HOPE THE JUDGE CAN UNDERSTAND THE SEVERITY OF CLOSING THE PLACE FOR GOOD,I ALSO HOPE THINGS CAN BE WORKED OUT SO ANNE MANTIA AND REECE POWERS CAN COME TO A COMPROMISE. A MAN IS TRYING TO OPEN UP A RESTAURANT TO PROVIDE GOOD FOOD,JOBS,ETC, WHY DON’T PEOPLE REALISE THE GOOD BEING DONE HERE? ALSO ALOT OF PEOPLE THAT DINED@DUKES WHO WAITED A LONG TIME FOR THEIR FOOD AND DON’T FEEL LIKE IT WAS GREAT SERVICE, HAVE SOME CONSIDERATION FOR NEW LEARNERS, ITS A LEARNING PROCESS AND THINGS WILL GET INTO A GROOVE, BUT ITS HARD GETTING STARTED,BUT YOU PLAYED AN IMPORTANT ROLE IN HELPING THIS RESTAURANT OPEN AND GET MOVING.
By localguy
May 15, 2009 4:55 PM | Link to this
This judge is an idiot. It’s not a federal issue. His Temporary Restraining Order was vague and only fed this controversy. Letting the food rot and send the employees serves no purpose.
By Linda
May 15, 2009 4:46 PM | Link to this
The Granddaugter is blood and should be part of her “inheritance” if you will and the widow should count her blessing not dollar bills.
By gary
May 15, 2009 3:57 PM | Link to this
folks, what this stems down to is greed and a name. Its apparent that neither of the parties have a lick of business sense or they wouldn’t be in the courts wasting money and time.Itsbecomming like leftover put it on the back pages.
By kncjr
May 15, 2009 3:44 PM | Link to this
anyone know if they are open for dinner tonight?
By Fed up
May 15, 2009 2:40 PM | Link to this
They should listen to the judge and close and try to figure out how to run a resturant before re-opening. We were there last Saturday and after sitting at the table for and hour with no salad and bread, we were fed up. Worst dining experience ever.
By John
May 15, 2009 2:20 PM | Link to this
These people are just trying to earn a living. Anne needs to go away. Its her fault Dominics closed in the first plate
By Jambalayaman
May 15, 2009 2:17 PM | Link to this
They should have named the restaurant “The Mantia Family’s Place” That is Christie’s last name… no judge could rule against that and everyone would know the history without even mentioning the “D” name….
By ME
May 15, 2009 1:48 PM | Link to this
Known Reese for a long time. Don’t understand why he’s taking on a federal judge. Buddy you could be hit with a 6 figure fine, if it isn’t too late already. Check you ego before you get burned.
By dobby
May 15, 2009 1:42 PM | Link to this
Dominic’s fixtures were sold at a public auction. Perhaps Mr Powers bought the cash register for use in a future business and due to not having the programming instructions used the machine and it still had “Dominics” name on it. The Business name is “Dukes” and Anne Mantia has no right to stop him. If that’s the case then anyone using anything previously owned by Dominics should shut down as well. Your honor,your ruling keeps people who want to work from doing so and works in favor of a mad woman. You won’t get my vote.
By Libertarian
May 15, 2009 1:37 PM | Link to this
I hope Powers & Lee win. Dennis Lieberman needs the money to pay his back taxes…
By Jeanne
May 15, 2009 1:23 PM | Link to this
I don’t think Ms. Mantia has anything better to do. Can the chef sue Ms. Mantia since she is trying to keep him from working? She needs to get a life….
By Jeanne
May 15, 2009 1:22 PM | Link to this
I don’t think Ms. Mantia has anything better to do. The restuaurant has used the name Duke’s. What I want to know is if the che
By WTF
May 15, 2009 1:11 PM | Link to this
What I find interesting is that someone who ruined the family business and name can sue anyone. She had the opportunity to keep it going but due to her ineptness lost the business and ruined the name.
By R J..Miamisburg, Oh
May 15, 2009 1:07 PM | Link to this
This is a simple answer to the problem. Change the ownership papers to a DUKES Holding Co. Get rid of anything that says Dominics. How hard would that be. Had they thought it out, they would not be in court or being told to close. Stupid of them if they thought they could get away with use Dominics as a name in anything.
By Heisenberg
May 15, 2009 1:06 PM | Link to this
I have hardly felt the need to follow this pissing match. What I have caught of it just solidifies my reasons for saying I’ll never eat at either place.
By LD
May 15, 2009 1:05 PM | Link to this
Mommy Dearest strikes again…
By Bubba
May 15, 2009 1:03 PM | Link to this
Keep it open. Help the economy out by keeping the workers employed.
By TOm
May 15, 2009 12:55 PM | Link to this
Dont these idiots have something else to do? Burn money with lawyers instead of spending it to make the community stronger. They all need to get a life.