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.Tweet