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June 2009
National restaurant industry outlook darkened in May
The national outlook for restaurants darkened a bit in May as the National Restaurant Association’s Restaurant Performance Index posted its first decline in five months, according to this National Restaurant Association news release.
An observation and a question: the restaurant association releases these monthly surveys on the last business day of each month, interpreting the results from the previous month’s survey (for example, the June 30 release covers May, not June). So these surveys are by definition at least slightly out of date by the time of their release. No slam against the association, which needs time to gather and interpret a large amount of data, but the timeliness of these releases isn’t the freshest.
And the question: How closely do these national restaurant industry surveys mirror the Dayton-area situation? Are they an accurate barometer of the state of the restaurant industry in the Miami Valley?
Okay, that was two questions.
Here’s a key quote from the restaurant association’s news release:
“With the performance of the current situation indicators holding relatively steady in May, the RPI’s decline was the result of restaurant operators’ dampened outlook for each of the four forward-looking indicators,” said Hudson Riehle, senior vice president of Research and Information Services for the Association. “Although restaurant operators remain relatively optimistic that economic conditions will improve in six months, their outlook for sales growth and capital spending activity softened somewhat.”Tweet
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Restaurants plan culinary fireworks for July 4 weekend
July 4 falls on a Saturday this year, and restaurants are taking different tacks to celebrate Independence Day.
I’ve heard from two Dayton-area fine-dining establishments that are planning special, and more relaxed, menus and events: Savona in Centerville will be open starting at noon on July 4 and will be serving Margaritas, Sangria and Beer, Keith Taylor, Savona’s chef-owner, said in an email. . “Outside I will be grilling out Steak and Mahi Tacos, and Italian Sausage. We will be serving pepperoni and cheese Pizza inside.”
L’Auberge in Kettering also will be open on the holiday, and is, in fact, promising “fireworks on the grill,” according to the restaurant’s general manager, Brian DeMarke. Chef Romy Jung will step out of the restaurant’s kitchen and man the grills. Entree choices include the L’Auberge Prime Burger, Salmon Burgers, shrimp or chicken kabobs, and Grilled Flat Iron Steak.
And for those of you in the southern climes, or willing to drive a bit, all of the Montgomery Inn restaurants are offering an all-the-ribs-you-can-eat-for-$19.95 special on July 3, 4 and 5 at all of its restaurants, according to Rick Knapp, general manager of the “original” Montgomery Inn location. Last year, customers polished off a staggering 10 tons of ribs during the full weekend promotion. Knapp said the restaurants are “even going to be open for lunch on Saturday to allow more people the opportunity to take advantage” of the deal, which is for in-house dining only and … no sharing.
One restaurant that I know is taking the holiday off: Rue Dumaine.
If you know of a restaurant (or if you’re a restaurant owner/manager) that is having July 4 specials, please share the news with our readers by posting a comment on this entry.
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Chef from The Caroline wins first-ever MVRA Chef Quest Challenge
They had no idea what ingredients they’d be working with, they had only five minutes to organize those mystery ingredients, a scant 45 minutes to cook everything and arrange the main dish and sides on a plate, and oh yeah, they were working in a strange kitchen with brand new appliances they’d never before encountered.
Yet all three of the finalists in the Miami Valley Restaurant Association’s “Chef Quest Challenge” — held Saturday, June 27 at the Home Builders Association of Dayton’s Questival event at the Soraya Farms community — came up with creative, attractive and delicious dishes under the intense “Iron Chef”-like conditions.
After several minutes of closed-door deliberations by five judges (I was one of them), the winner was announced: Damian Bumgarner, chef for The Caroline in Troy, captured the first-ever Chef Quest championship for his Sauteed Tilapia Almondine: Oat-Encrusted Tilapia over Lentils with Plantain and Kale Salad.”
If you haven’t seen that dish on any restaurant menus lately, hey, we said the ingredients list was a challenge. And the chefs had to use some of each ingredient listed, which for the finals included tilapia, eggs, lentils, raisins, kale, plantains, Vidalia onions, rolled oats, almonds, orange juice, red peppers and lemons.
Second place honors went to l’Auberge’s executive chef Romy Jung, and Jay’s Restaurant executive chef Justin White captured third. The three finalists were the top three finishers in an “elimination round” held the previous week at the Questival.
Both weeks, members of the judging panel tasted the final dishes “blind” — we didn’t know the dish’s preparer. I was joined on the tasting panel by Graham Bailey and Barb Acker of Vectren, Lance Oakes from Design Homes and Development and Marty Coates, president of the Home Builders Association of Dayton. We thought about declaring a three-way tie so we could be served another free feast again a week later, but eventually came to consensus on the winner, in part because we liked his preparation of the fish best.
Bumgarner was humble in victory — no excessive celebration dance in the end zone or anything — and said he tries to focus his cooking on dishes that he would enjoy eating.
Can’t beat that approach — at least, not this year. But next year, the challengers will be sharpening their knives.
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New Sonic Drive-In opens in Huber Heights
A new Sonic Drive-In has opened at 7888 Brandt Pike in Huber Heights.
The Sonic is the 15th to open in the Dayton and west-central Ohio region in the last two years. Houchens Industries, which owns the Dayton-area franchises, has said it wants to open 29 restaurants in the region. The franchisee, however, has closed one of the region’s Sonic restaurants, in Piqua, about a month ago, less than a year after it had opened.
Construction will begin soon on a new Sonic to be built on Dayton-Yellow Springs Road across from Fairborn High School, a Houchens Industries/Sonic spokesman said earlier this year.
Oklahoma City-based Sonic operated more than 3,500 drive-in fast-food restaurants across the country. It’s known for its carhop service and for menu items such as hamburgers and sandwiches served on thick Texas Toast, cheese coneys and onion rings.
The new Huber Heights Sonic, located on a tract that once housed Stapleton Automotive, is open from 6 a.m. to midnight seven days a week. The drive-in’s phone number is (937) 938-9271.
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Burned woman sues Burger King over spilled coffee
An 18-year-old Florida woman has sued Burger King after she was burned by spilled coffee served to her by the fast-food restaurant, according to this story from BayNews9.com.
The coffee caused second and third degree burns to the woman’s thighs after it spilled on her lap, according to the lawsuit and the BayNews9 story. The coffee “burned through her skin to the muscle,” the lawsuit and story say.
The lawsuit is certainly reminiscent of the infamous McDonald’s hot coffee lawsuit, which became a poster child for frivolous lawsuits and large awards, though based on the details of the case, it didn’t sound so frivolous.
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Duke’s reopens to enthusiastic diners
WEST CARROLLTON — Linda Rosell of Dayton was among the first customers to enter the newly reopened Duke’s restaurant shortly after 4 p.m. on Thursday, June 25, and she declared herself “thrilled” at the news that the restaurant was allowed to serve diners again.
“We’ve been waiting for it to open,” Rosell said. “We couldn’t wait to see what it looked like.”
Servers stood at the ready as the restaurant revived barely 24 hours after a federal judge lifted the order that it must remain closed pending the outcome of a federal lawsuit.
Diners encountered a hastily scaled-back menu, however, as U.S. District Court Judge Thomas M. Rose limited Duke’s owner Reece Powers III to serving only the menu that his uncle, Duke Morris, served at the former Duke’s Golden Ox Steakhouse, which operated on South Main Street in Dayton from 1970-2004.
The menu restrictions are part of the judge’s preliminary injunction granted to the former owner of Dominic’s Restaurant, Anne B. Mantia, against Powers and other defendants in the federal trademark-infringement lawsuit that has taken several twists since it was filed in early April.
Rose had already ruled that Powers violated the terms of a temporary restraining order when he opened Duke’s on May 1 because Powers and other defendants in the case had improperly capitalized on the Dominic’s name. The judge ordered the restaurant to close May 14.
And although his restaurant was again serving customers, Powers and the other defendants still must defend themselves against Mantia’s efforts to force them to pay financial damages for the trademark infringement and breach-of-contract claims that are part of the original lawsuit. Those claims have not yet been addressed during the case’s many hearings that focused on Duke’s, which is located at 630 E. Dixie Drive west of the former Woody’s.
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New Duke’s will reopen, but must serve only the old Duke’s Golden Ox menu
UPDATE: Duke’s owner Reece Powers III said Wednesday night that the restaurant at 630 E. Dixie Drive in West Carrollton will reopen at 4 p.m. Thursday, June 25.
A federal judge ruled today, June 24, that Duke’s restaurant in West Carrollton can reopen — if and only if it serves strictly the menu of Duke’s Golden Ox Steak House, which closed in 2004.
The menu restrictions are part of a preliminary injunction granted by U.S. District Court Judge Thomas M. Rose in the trademark-infringement lawsuit filed by the former owner of Dominic’s Restaurant, Anne B. Mantia, against the owner of Duke’s restaurant, Reece Powers III. Powers is the nephew of Ray “Duke” Morris, who operated Duke’s Golden Ox Steakhouse from 1970 until it closed in 2004.
Rose had already ruled that Powers had violated the terms of a temporary restraining order when he opened Duke’s on May 1 because Powers and other defendants in the case had improperly capitalized on the Dominic’s name. The judge ordered the restaurant to close May 14. An attorney for Anne Mantia argued Monday that Duke’s should be allowed to reopen only if it changed its menu theme from an Italian restaurant to a steakhouse or Mexican restaurant. Attorneys for Powers had argued for no menu restrictions.
In forcing the former Duke’s Golden Ox menu — which became a part of the case when Duke Morris hand-wrote it into an affidavit he filed in support of his nephew — onto the new Duke’s, Rose seemed to be splitting the difference, since the Golden Ox menu contains many Italian dishes such as spaghetti, manicotti, and lasagna in addition to steaks and chops.
It was a remedy that neither side requested, but Rose said in his ruling that he was following the law in restricting Duke’s Restaurant to serving the menu of its now-defunct namesake restaurant.
“Should the Parties agree to a different menu, they may submit it to the court for approval,” Rose wrote.
Powers said late Wednesday that he welcomed the judge’s decision and intends to reopen Duke’s at 4 p.m. today, June 25. “We have a lot of employees and customers who are supportive of us,” he said.
Powers’ attorneys had submitted the Duke’s Golden Ox menu into the court record as part of an affidavit signed by his uncle and former Golden Ox owner Ray “Duke” Morris, who operated Duke’s from 1970 to 2004 virtually next door to Dominic’s on South Main Street in Dayton. Dominic’s closed in 2007.
Duke’s was open from May 1 to May 15 at 630 E. Dixie Drive in West Carrollton before it shut down by order of the judge.
The menu of the new Duke’s restaurant was the subject of heated debate during the hearing Monday, June 22 in Rose’s courtroom. An attorney for Anne Mantia argued that Duke’s should be allowed to reopen only if it changed its menu theme from an Italian restaurant to a steakhouse or Mexican restaurant. Attorneys for Powers had argued for no menu restrictions.
Rose ruled that a preliminary injunction — and its menu restriction — is warranted because the actions of Powers and other defendants created confusion over the restaurant’s connection to Dominic’s. Powers established a corporation last year and named it “Dominic’s Restaurant Inc.” that was later dissolved after the lawsuit was filed. Powers’ co-defendant Christie Mantia — the granddaughter of Dominic’s restaurant founder Dominic Mantia and the stepdaughter of Anne B. Mantia — told the Dayton Daily News in a March 17 interview that the new restaurant would be serving a menu similar to Dominic’s prepared by former Dominic’s chef Harry Lee, who is also named as a defendant in the lawsuit.
Rose concluded it would be wrong for Duke’s to be allowed to reopen without menu restrictions after it had improperly infringed on Dominic’s service marks during the two weeks it was open, and would likely continue to benefit from its improper aligning with the Dominic’s name after reopening. But instead of trying to prohibit Duke’s from serving Italian dishes altogether, Rose mandated the Golden Ox menu, which became part of the court record in part because Powers said it was Duke’s, not Dominic’s, that his new restaurant was patterned after.
So far, the case has revolved around restraining orders and injunctions regarding Duke’s, while the requests by Anne B. Mantia for monetary damages for what she says are trademark infringement and breach-of-contract remain unresolved.
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Cincy restaurateur vows to give away $2 million in gift cards
Cincinnati restaurateur Jeff Ruby announced today, June 24, that he’ll give away $2 million in gift cards to those who eat at his newest restaurant, in downtown Cincy, called Bootsy’s Produced by Jeff Ruby.
The gift cards obtained by eating at Bootsy’s would then be redeemable at any of Ruby’s restaurants, which include The Precinct; The Waterfront; Carlo & Johnny; and Jeff Ruby’s Steakhouse in addition to Bootsy’s.
“I want people to experience Bootsy’s Festive Spanish Dining, and our creative menu of tapas and sushi,” Ruby said in a news release issued this afternoon. “And, I want people to come downtown. Our summer promotion is my way of thanking our guests for trying our newest restaurant, Bootsy’s, this summer.”
Click here for the official rules of the gift card giveaway, but here’s how it works, according to the restaurant chain’s news release:
During regular lunch hours on Monday-Friday from 11 a.m. until 2 p.m., guests, who purchase a minimum of $15 worth of food, will receive a $25 dining gift card to a Jeff Ruby restaurant.
During dinner hours on Monday-Thursday from 5 p.m. until 10 p.m. and Friday-Saturday from 5 p.m. until 11 p.m., guests who purchase $25 worth of food, will receive a $50 dining gift card to a Jeff Ruby restaurant. In addition, diners who visit on pre-selected dates will receive a $100 dining gift card for a $25 minimum food purchase.
The promotion runs from today through September 21, 2009.
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New Asian restaurant coming to downtown Dayton
Here’s a bit of positive restaurant news from the city of Dayton. It comes in the form of an emailed news release from city of Dayton spokesman Tom Biedenharn and involves a Cincinnati restaurateur opening a new Asian restaurant at 200 S. Jefferson St., at East Fifth Street, across from the Neon Movies, in the spot that was vacated by Chin’s Oriental Cafe in 2003 and later by Elbo’s bar/lounge:
A new Asian-theme restaurant is expected to open near the Dayton Convention Center later this summer, creating approximately 30 new jobs downtown.
The new restaurant, called Sa Bai, will occupy space that once housed Chin’s restaurant in the Dayton Transportation Center complex, which is managed by the Dayton Convention Center.
The casual dining facility will be owned and operated by Chanaka DeLanerolle, who also owns several restaurants in Cincinnati, including Mt. Adams Fish House, Teak Thai Cuisine and Sushi Bar, The Celestial Steakhouse, Incline Lounge, Apsara Asian Cuisine and Sushi Bar, and Longworth’s.
At its public meeting today, the Dayton City Commission approved a five-year lease agreement with Chanaka DeLanerolle/Sa Bai LLC. The owner plans to invest approximately $250,000 in renovations before opening for business at the end of August. The restaurant will be open seven days a week.
The concept for Sa Bai is a casual to upscale dining Asian restaurant, Sushi bar and lounge, providing a unique and rewarding dining experience through an array of authentic cuisine and beverages from across Asia. The lounge would provide additional entertainment with either live music or a D.J. The patio area will be utilized for additional dining space.
“We are excited to have a new restaurant added to the many choices already available downtown,” Mayor Rhine McLin said. “Based upon his track record in Cincinnati, Mr. DeLanerolle obviously has the experience and skills necessary to operate a successful restaurant. Sa Bai will offer yet another dining experience for downtown workers and residents as well as visitors to the Convention Center, the Crowne Plaza Hotel, the Neon Movies and the Oregon Arts District.”
According to the City Manager’s report distributed at today’s (June 24) city commission meeting, the restaurant plans on employing 15 to 20 full- and part-time employees, not the 30 mentioned in the news release, but either way, this is encouraging news.
Here are other details of the lease agreement contained as spelled out in the city manager’s report:
— The rental agreement is for a five-year original term with three five-year option terms.
— Sa Bai restaurant will pay no rent for the first five months, from July 1 through Nov. 30, “allowing the tenant to complete renovations and build their business.”
— For the remaining seven months of the first year, through June 30, 2010, the restaurant will pay $2 per square foot, or $6,750 over that period. Over the remaining four years of the original term, rent will continue at $2 per square foot, or $11,572 a year.
— Rent would rise to $2.15 per square foot in years six through 10 and to $2.30 in years 11 through 20 of the option terms, to a total of $13,308 a year.
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Group wants schools to serve ‘real food’
Slow Food USA is launching an effort it calls the Time for Lunch campaign “to get REAL FOOD in schools.” A “National Day of Action” is scheduled for Labor Day, Sept. 7.
I am vaguely familiar with the Slow Food movement but an utterly unfamiliar with this campaign, which focuses on the federal Child Nutrition Act and the National School Lunch Program.
Here’s an entry from the Slow Food USA blog that delves into the issues a bit more.
Any of you more learned than I on this topic? Your thoughts?
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Both sides urge judge to allow Duke’s to reopen
DAYTON — Attorneys for both sides of a civil lawsuit urged a federal judge on Monday, June 22 to allow Duke’s Restaurant in West Carrollton to reopen, but with one key difference.
The attorney for former Dominic’s restaurant owner Anne B. Mantia wants the judge to limit the Duke’s menu so the new restaurant doesn’t serve dishes similar to those once served at the former Dominic’s. The attorney for Duke’s owner Reece Powers III wants no such restrictions.
U.S. District Judge Thomas M. Rose heard testimony from Mantia and from three employees of Duke’s as part of the hearing on whether to grant Mantia a preliminary injunction in the trademark-infringement case. The case has already resulted in a court order shutting down Duke’s, which opened May 1 but was forced to close two weeks later. Rose did not rule immediately Monday but told attorneys he would issue a ruling later this week.
A preliminary injunction, if granted, would mark an intermediate step between the existing temporary restraining order that forced the restaurant to close and a potential permanent injunction. Attorneys have not yet taken up the issues involving possible monetary damages in the case in which Anne Mantia sued Powers along with Duke’s (and former Dominic’s) chef Harry Lee and Christie Mantia, the granddaughter of Dominic’s founder Dominic Mantia. Christie once co-owned Dominic’s with Anne Mantia — her former stepmother — before accepting a $460,000 buyout offer that required her to refrain from using the name “Dominic’s.”
Powers’ attorneys said in court that Christie Mantia was terminated before Duke’s opened and is no longer involved with the restaurant. On Monday, Christie Mantia’s attorney, Nicholas Subashi of Dayton, asked the judge to throw out the case against his client, arguing it was based solely on a March 19 Dayton Daily News article in which Christie says the new, then-unnamed restaurant would be similar to Dominic’s and would be serving Dominic’s original recipes.
Judge Rose did not issue an immediate ruling on the case against Christie.
Thomas Intili, attorney for Powers and Lee, said the restaurant has done everything possible to purge any references or connection with Dominic’s — including dissolving the corporation set up by Powers that had been named “Dominic’s Restaurant Inc.” — and thus should be allowed to reopen with no menu restrictions.
But James Morris, Anne Mantia’s attorney, argued that actions and statements by Powers and Christie Mantia improperly sought to capitalize on the Dominic’s connection.
“There’s still substantial confusion among the customer base,” Morris said. “Yes, we want the restaurant to reopen. No, we don’t want them to serve the items served by Dominic’s.”
Intili said there’s “nothing novel or unique about Italian food” and noted that the forced closure has been an extreme hardship on former Duke’s employees. He said any court order extending the forced closure pending the outcome of the case would likely “spell the end of Duke’s restaurant.”
Duke’s employees Hillary Harber of West Carrollton, Terri Gray of Moraine and Erin Harvey of Springboro testified about the financial hardships they’ve endured since the restaurant was forced to close. Harber, a cook, said she was “about to be evicted from my home” and may have to return to Tennessee soon because of the financial hardship. Gray, a server, said she has medical bills she cannot pay but has not looked for another job because she holds out hope Duke’s will be allowed to reopen.
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3 Dayton-area restaurant chefs move on to finals
Three local restaurant chefs — Jay’s Restaurant’s Justin White, l’Auberge’s Romy Jung and The Caroline’s Damian Bumgarner — survived the first elimination round of the Miami Valley Restaurant Association’s “Chef Quest Challenge” on Saturday, June 20.
The three chefs advance to a final cook-off, the judging for which begins at 2 p.m. next Saturday, June 27, at the Soraya Farms community on Ohio 48 between Social Row Road and Lytle Five Points Road in Clearcreek Twp. in Warren County. Just as they did in the initial elimination round, the finalists will have to quickly devise and cook a dish from a “blind basket” of ingredients, and a single “Chef Quest Challenge Winner” will be declared. The event is part of the Home Builders Association of Dayton’s “Questival,” which this year replaced the annual Homearama event, and the chef competition is put on by the Miami Valley Restaurant Association.
I served on the five-member panel of judges Saturday with representatives of the home-builders association, the Oakwood Register and Vectren. We judged “blind” — we did not know which dish came from which restaurant.
All of the judges were amazed and impressed at the wide variety of interpretations each of the seven chefs came up with from the surprise basket, which included chicken breast, onions, mushrooms, lemons, limes, mango, ginger, spinach, sweet potatoes, leeks and cajun spice. YOU try concocting a fine-dining dish out of those ingredients, under intense deadline pressure. Every chef did an excellent job under very difficult conditions — especially since they were working in strange kitchens, preparing the meals in separate homes that were on display as part of the Questival.
Other participants courageous enough to enter the contest and sacrifice a nerve-wracking Saturday afternoon included C’est Tout Chef Dominique Fortin, Cafe Boulevard Chef Rae Rosbough, Fleming’s Prime Steakhouse Chef Jeff Vega, and Rue Dumaine Chef Anne Kearney.
The winning dishes — selected in no particular order — were:
— Justin White, Jay’s: Honey-Spiced Glazed Chicken Breast served with Sauteed Portobello Mushrooms and Leeks and Spinach Salad with a White Wine-Mango Vinaigrette.
— Damian Bumgarner, The Caroline (Troy): Rosemary Grilled Chicken Breast on Portobello Mushrooms with Mashed Sweet Potatoes and Leek Butter, accompanied by a Spinach Salad with Leeks and Mango Dressing.
— Romy Jung, l’Auberge: Cajun-Spiced Chicken Roulade Deglazed with Lime and Honey, served with Chicken Jus, Fried Leeks and Mango Chutney, with Puree of Sweet Potatoes.
I’m scheduled to return for the final round of judging this Saturday, when the chefs will confront an entirely different mystery basket of ingredients and will be forced to come up with another dish — very, very quickly.
This should be fun. Come out to Soraya Farms at 2 p.m. Saturday, June 27, and enjoy the “questivities.”
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Retired Dayton firefighter to reopen restaurant
A restaurant that was a well-known landmark in the Belmont neighborhood is poised to reopen under the ownership of a retired Dayton Fire Department captain and his family.
The new establishment will be known as Angie’s Firehouse Tavern and will be located at 703 Watervliet Ave., in a facility that once housed Angi’s Restaurant and more recently Kelly’s Corner Cafe. It is owned by retired firefighter Pat Reed, who is being assisted in the project by his two daughters and their husbands, along with the labor and renovation expertise of some of his former fellow firefighters.
“It’s always been my dream to have a restaurant with a tavern,” Reed said. “I wanted a place with character. I didn’t want a cookie-cutter franchise type of place.
“This place has character, and it was just screaming to be restored.”
The “place” was a popular neighborhood hangout during the 1980s and 1990s when it was Angi’s, a restaurant best known for its cabbage rolls. Angi’s was replaced by Kelly’s Corner Cafe, which operated for several years before closing about two years ago.
Angie’s Firehouse Tavern will open as a tavern the first week of July, Reed said, but the full restaurant service will have to wait another six months, while workers make extensive renovations to the kitchen.
When the kitchen work is complete, “We want to be known as a restaurant with a bar, not as a bar with food,” Reed said.
And yes, the cabbage rolls will return. Reed has several recipes he’ll test, including one that is purported to be very similar if not the same as the cabbage rolls served by the Angi’s of yesteryear. He’ll let the customers decide on the final recipe.
“We’ll try to make cabbage rolls as good as people remember,” he said.
Reed will let some of the excellent Dayton firehouse cooks round out his menu beyond the signature cabbage rolls. Once food service is in full swing, he’ll invite firehouse cooks to submit recipes that will become weekly specials, and if the customer response is enthusiastic, the dish will secure a permanent spot on the menu, with the originating cook’s name attached to it.
The retired captain’s former firefighter colleagues also have been assisting with the renovation, pitching in to help fix the roof and upgrade the heating-air conditioning system.
“It’s been a group effort,” Reed said.
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‘Wheel of lunch’ lays out restaurant options
Check this out: The Wheel of Lunch that is designed to help lay out your lunchtime restaurant options.
Fun stuff, and it doesn’t appear that it’s a member-restaurants-only kind of site. It appears to list restaurants based solely on location, unless I’m being fooled.
What will the web folks think of next?
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Local KFC closes as of this morning
The KFC restaurant at 3010 Kettering Boulevard near West Dorothy Lane in Kettering closed today.
Chris Chrzanowski, Dayton operations manager for Kentucky Fried Chicken restaurants, said the Dayton area’s poor economy combined with the fact that the Kettering restaurant was an outdated facility led to the decision to close. There are no plans to close other Dayton-area KFC restaurants, Chrzanowski said.
The restaurant’s 16 employees were reassigned to other area KFCs, including the restaurants at 1027 Brown St. in Dayton, 2109 E. Dorothy Lane in Kettering and 6239 Far Hills Ave. in Centerville, Chrzanowski said.
“We thank everyone who patronized us in the past. Hopefully, someday we might return,” he said.
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Dominic’s attorney: pay my $375-per-hour fee for hearing
The attorney representing former Dominic’s restaurant owner Anne B. Mantia has asked a federal judge to order defendants in a civil lawsuit to pay him at least $19,725 for his work on a motion and hearing to modify a temporary restraining order.
Attorney James Morris of Lexington, Ky., calculated the amount based on the rate of $375 per hour and said the owner of Duke’s restaurant in West Carrollton and other defendants in the case should be ordered to pay him that amount.
Anne Mantia on April 3 filed a trademark-infringement lawsuit against Duke’s owner Reece Powers III; Duke’s (and former Dominic’s) chef Harry Lee; and Christie Mantia, the granddaughter of Dominic’s founder Dominic Mantia and Anne Mantia’s stepdaughter who once co-owned Dominic’s with her stepmother.
U.S. District Court Judge Thomas M. Rose in late April issued a preliminary ruling against Duke’s, barring them from using certain Dominic’s names and marks, even though at the time the restaurant at 630 E. Dixie Drive in West Carrollton had not opened. Powers went ahead and opened the restaurant after the initial ruling, prompting Morris to return to court with a request to shut down the restaurant. At a hearing, Morris presented evidence that included credit-card receipts and fax machine time-stamps that included the “Dominic’s” name and argued that the defendants’ actions improperly capitalized on the connection to the now-defunct Dayton restaurant.
As a result of the May 11 hearing, Rose did modify his restraining order, ruling that Duke’s restaurant must shut down pending the outcome of the lawsuit.
Morris — in a motion for attorneys’ fees and costs filed late Monday, June 15 — said ordering Powers and the other defendants to pay his costs for the contempt-of-court hearing is appropriate because the violation of the judge’s initial order “can be characterized as being willful, or where the party’s actions are intentional.”
He estimated he spent about 50 hours on the research, writing and arguing in court of his contempt-of-court motion, and said his $375-per-hour fee was “certainly reasonable” based on fees of Dayton-area attorneys in similar cases and based upon the complexity of the case.
Morris said he “undertook an extremely difficult matter to prove, fought against numerous firms retained by defendants, adeptly conducted the contempt hearing, and the pre-hearing matters, and obtained an undeniable victory” for his client.
Morris attached an affidavit to his request from a California attorney who estimated the value of Morris’ representation at $625 to $675 an hour. Morris also left the door open for Judge Rose to hike the amount awarded beyond the $19,725 requested.
On Friday, June 12, more than a dozen employees who worked at Duke’s the first two weeks of May before it shut down gathered at the restaurant to express frustration that they have not received promised paychecks for their second week of work.
The next hearing in the case is scheduled for Monday, June 22.
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New donut shop has ribbon-cutting event tomorrow morning
A ribbon-cutting ceremony will take place at 9 a.m. Saturday, June 13 at the new Lynn’s Daylight Donuts, 4680 Wilmington Pike in south Kettering.
The doughnut shop is owned by Greg and Sheryl Cox of Wilmington. The couple had been looking for a good location for more than a year before settling on the south Kettering location at Wilmington Pike and Swigart Road, Sheryl Cox said today, June 12.
Lynn’s Daylight Donuts offers muffins, breakfast sandwiches and coffee as well as a full array of donuts.
The shop is open Tuesday through Thursday 5:30 a.m. to 12:30 p.m., Friday 5:30 a.m. to 1:30 p.m., and Saturday and Sunday 6 a.m. to 1:30 p.m. It is closed Mondays. For more information, call (937) 298-1333.
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New pizza restaurant opens in Dayton
The New York Pizzeria Restaurant has opened at 1430 E. Fifth St. at LaBelle St. in Dayton’s St. Anne’s Hill Historic District.
The dine-in or carryout restaurant seats 20 and also offers free delivery within five miles.
This is the second location for New York Pizzeria, which operates an eatery at 498 E. Main St. in Trotwood. Co-owner Raman Ispakhev said he and his family wanted to open the second location because they live in the neighborhood. The new restaurant opened earlier this week, but is still awaiting outside signage, Ispakhev said.
The New York Pizzeria’s menu includes pizzas, calzones, wraps, subs, sandwiches, wings, pasta dinner entrees, and fried chicken and seafood entrees. The restaurant also bakes and sells loaves of Turkish bread for $2 a loaf.
Hours are 11 a.m. to 10 p.m. Monday through Thursday, 11 a.m. to 11 p.m. Friday and Saturday, and noon to 9 p.m. Sunday. For more information, call (937) 222-0321
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Duke’s employees say they’re in limbo — and they’re still looking for their last paycheck
WEST CARROLLTON — Frustrated employees of Duke’s restaurant say they feel they’ve been punched in the gut twice: First a month ago when a judge ordered their restaurant to close pending the outcome of a federal lawsuit, and again in recent days when they’ve been unable to obtain their paychecks for their final week of work prior to the shutdown.
More than a dozen employees of Duke’s gathered at the restaurant Thursday afternoon, June 11, to voice their displeasure over pay they say is owed to them. The employees said they received promises from Duke’s owner Reece Powers III that they would receive their paychecks on June 1, then on June 8, but they still have not been paid. Several also said they have postponed job-hunting because Powers told them the restaurant could reopen at any time. Attorneys for Powers tried twice, unsuccessfully, to persuade U.S. District Judge Thomas M. Rose to lift his earlier order to close the restaurant.
“I’ve been given the runaround,” said Darcy Tucker, a 38-year-old Kettering resident who worked at Duke’s as a cook. “We have kids, we have bills that need to be paid.”
Powers could not be reached Thursday, although he did make a brief appearance at the restaurant as the group of employees was being interviewed in front of the building. Powers entered the front door, exited a few minutes later, and drove away without talking to employees or a reporter.
One of Powers’ attorneys, Steven Dankof Sr. of Dayton, said Thursday, “The situation as it has unfolded has effected a hardship on a number of people, including my clients and presumably on the employees of Duke’s.” He declined to comment further.
Samantha Patterson, a 23-year-old Miami Twp. resident, said she needs the paycheck and documentation that the restaurant is closed to help her get prenatal care and pay other bills. She is pregnant with her first child.
“There are a lot more people involved than what they see in that courtroom,” Patterson said about the trademark-infringement lawsuit that prompted Duke’s closure. “I’m not asking anyone to take pity on us. But at least take us into consideration.”
Judge Rose ruled that Powers and other defendants in the lawsuit filed by former Dominic’s restaurant owner Anne B. Mantia violated the terms of his temporary restraining order when they opened the restaurant May 1. Powers had incorporated a business called “Dominic’s Restaurant Inc.,” and some of the restaurant’s fax machine time stamps and credit-card receipts used the Dominic’s name. Powers has filed written testimony that all of those Dominic’s references have been eliminated, and he has dissolved the “Dominic’s” corporation.
A hearing for a preliminary injunction is scheduled for June 22.
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Wine dinners give local restaurants chance to shine
Wine dinners give local chefs a chance to spread their wings a bit from their “regular” menu, as evidenced by the following short list of special events next week that is scheduled to run in Friday’s Dayton Daily News Go! section. In particular, Brian DeMarke, general manager and wine director at l’Auberge, says he and Chef Romy are pulling out all the stops for the Italian wine dinner listed below:
L’AUBERGE TO HOST ITALIAN WINE DINNER
KETTERING — L’Auberge, 4120 Far Hills Ave., will host a an Italian Wine Dinner featuring Gordon Hullar and Doris Holzheimer, owners of Mason-based wine importer and distributor Vintner Select, at 6:30 p.m. Tuesday, June 16. The menu features five courses and five wines, and includes: Bay Scallop Ravioli with Zucchini, Spaghetti Squash, Mascarpone Buerre Blanc; Summer Truffle Risotto with Fresh Shaved Italian Black Summer Truffles; Guinea Fowl with Tarbais White Bean Marmalade, Sage and Foie Gras; Prime Rib Eye with Truffle Sticks, Polenta Fries, Red Cabbage and Shallot Marmalade; and Vanilla Panna Cotta with Berry Coulis. The cost of the dinner is $110, not including tax and tip. For more information or to make reservations, call (937) 299-5536.
MAMMA DISALVO’S EVENT TO FOCUS ON NORTHERN ITALY
KETTERING — Mamma DiSalvo’s Italian Ristorante, 1375 E. Stroop Road, will host a wine dinner as part of its 30th anniversary celebration featuring wine importer and distributor Ardie Bonanno with dishes and wines of northern Italy at 6:30 p.m. Thursday, June 18. The cost is $60. For more information or to make a reservation by June 16, call (937) 299-5831.
FLEMING’S TO HOST FRENCH WINE DINNER
BEAVERCREEK — Fleming’s Prime Steakhouse & Wine Bar, 4432 Walnut St. at The Greene, will host a French wine dinner at 6:30 p.m. Friday, June 19. The menu includes Crepes with Champagne-infused Cheese and a Fresh Blueberry Reduction; Tuna Nicoise salad with Fingerling Potatoes and Dijon Vinaigrette; Duck a l’Orange with Grilled Seasonal Vegetables; Bacon-Wrapped Filet Mignon Au Poivre served with Parsnip Puree and Raspberry Demi-glace; and Fraise Court Gateau “Strawberry Shortcake.” The cost is $65. Reservations are required and may be made at (937) 320-9548.
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At Spinoza’s, ‘gourmet’ actually means something
The restaurant review of Spinoza’s Gourmet Pizza & Salads that is scheduled to run in the Dayton Daily News Go! section this Friday, June 12 (and which also will run in the ActiveDayton publication that is available free at various cool places around town) has been posted online and is available for viewing by clicking on this Spinoza’s restaurant review link.
Have you been to the new restaurant, which is owned and operated by Pacchia founder and former co-owner Glen Brailey and located in the Mall at Fairfield Commons in Beavercreek? What did you think?
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Lima to host first-ever pork-rind-eating contest this weekend
I think the following news release needs no embellishment. However, I am compelled to mention that I have never before heard the term “pro gurgitators”
World’s Largest Pork Rind Manufacturer Partners with Major League Eaters
Rudolph Foods hosts eating contest for Pork Rind Heritage Festival
LIMA, OH — Rudolph Foods, the world’s largest manufacturer of pork rinds, has teamed up with Major League Eating (MLE) to host a pork rind-eating contest for the 20th Annual Pork Rind Heritage Festival. Held June 12-13 in Harrod, Ohio, this year’s festival will celebrate the 20th anniversary and the love of this favorite snack.
Rudolph is partnering with Major League Eating, the sports franchise that oversees all professional eating contests and competitive eating television specials, to sanction the first pork rind eating contest for the festival, which will be held on Saturday, June 13 in the afternoon. Major League Eaters is inviting its world-class eating competitors to participate in the event. The winners of the pork rind eating contest will win the title of world pork rind eating champion as well as cash prizes.
“We’re extremely excited to be partnering with Major League Eating for this fun contest at this year’s festival. Our hope is to raise awareness and enthusiasm of pork rinds, while also helping to make the 20th annual celebration a huge success. The festival has never done anything like this in the past, and we are hoping to make it an annual tradition,” stated Rich Rudolph, President of Rudolph Foods.
“The pork rind is counted among America’s most celebrated snacks, and its flavor-packed crunch presents unique difficulties for our pro gurgitators,” said Richard Shea, president of Major League Eating. “We’re excited to crown the pork rind eating champ at the 20th anniversary of its namesake festival.”
Major League Eating have hosted eating competitions on ESPN, SpikeTV and Fox Sports for a wide variety of foods, including Nathan’s Famous hot dogs and hamburger eating. In addition to the contest, Rudolph’s will also be providing fresh popped pork rinds on both days of the festival, and there will be a 5K pork rind run on Saturday morning at 8:00 a.m. before the eating contest. For a full schedule of events for the Pork Rind Festival, please visit RudolphFoods.com
About Rudolph Foods: Distributed through most major retail outlets, Rudolph Foods Company, Inc., is one of the world’s largest suppliers of branded and private-label snack products, including the world’s largest manufacturer of pork rinds. With plants in Ohio, Georgia, Texas and California, Rudolph Foods is solely dedicated to providing its customers with the best quality products and the highest levels of customer service at the best price. For additional information, please call 1-900-241-7675, or visit RudolphFoods.com.
About Major League Eating: Major League Eating is the governing body of all stomach-centric sports, who organize, run and promote competitive eating events. MLE holds over 80 events annually and manages the world’s greatest eaters, including Joel Chestnut, Takeru Kobayashi and Eater X. MLE has hosted contests on ESPN, SpikeTV, FOX, and has produced special programs including the July Fourth Hot Dog Eating Contest and Krystal World Hamburger Eating Contest. For more information about MLE, please visit majorleagueeating.com.Tweet
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McDonald’s, Cheesecake Factory win ‘best-value’ nods from Zagat
The restaurant-rating folks at Zagat have released their ratings of fast-food and other chain restaurants, and McDonald’s was among the clear winners, singled out for “best value” among fast-food restaurants and also for best French fries, best breakfast sandwiches, most child-friendly and best drive-thru, according to Zagat and to this summary of the results from Nation’s Restaurant News.
Among full-service restaurants, Cheesecake Factory was the top-rated for “best value.”
Zagat utilized the feedback of more than 6,000 “surveyors” who ate more than 800,000 meals a year at fast-food and full-service chains.
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Judge rejects second attempt to reopen Duke’s restaurant
A federal judge has for the second time rejected an attempt by attorneys for Duke’s owner Reece Powers III to reopen the West Carrollton restaurant pending the outcome of a civil lawsuit.
U.S. District Judge Thomas M. Rose left intact his May 14 ruling that Duke’s must “cease operation” pending the outcome of the civil lawsuit. The judge’s temporary restraining order will remain in effect at least until a hearing for a possible preliminary injunction is held June 22. That hearing had been scheduled for June 8, but was postponed at the request of attorneys representing both sides in the trademark-infringement case filed by former Dominic’s restaurant owner Anne B. Mantia against Powers, former Dominic’s chef Harry Lee and Christie Mantia. Christie, granddaughter of the founder of Dominic’s, is Anne Mantia’s stepdaughter, and she once owned half of the now-defunct restaurant.
This is second time Rose has rejected defense attorneys’ request that he change his mind about the forced shutdown of the restaurant. Rose’s most recent ruling — filed late Monday, June 8 — was more perfunctory than his previous ruling, in which Rose put the blame for the restaurant’s closing squarely on Powers and Lee. Rose said while he was “deeply concerned about closing the restaurant and the associated loss of jobs and spoilage of food, it is the defendants’ actions and not those of the Court that resulted in the closing.”
Rose ruled that the May 1 opening of the restaurant and the since-discontinued use of the name “Dominic’s” on some credit-card receipts and fax machines violated his original temporary restraining order, which was issued prior to the restaurant’s opening.
Christie Mantia is no longer employed by Duke’s but remains a defendant in the case.
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Ribbon-cutting today for new Kettering restaurant
KETTERING — The Kettering-Moraine-Oakwood Chamber of Commerce will hold a ribbon-cutting at 1 p.m. today, June 8, for the new Cousin Vinny’s Pizza restaurant at 1916 E. Whipp Road in south Kettering.
The restaurant is the fourth for the local Cousin Vinny’s pizza chain, joining two in Dayton and one in Fairborn, according to Amanda Nelson, franchise owner for the new Kettering store. A fifth store is scheduled to open in late summer at 7742 Brandt Pike in Huber Heights, and a sixth restaurant is planned for Xenia, Nelson said.
The newest Cousin Vinny’s Pizza is offering grand opening specials today through June 21, Nelson said. The restaurant employs 20 people, including delivery drivers, Nelson said.
The pizza restaurant is open late: Hours are 11 a.m. to 3 a.m. Sunday through Thursday, and 11 a.m. to 4 a.m. Friday and Saturday.
For more information, call (937) 433-2323.
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New Mall restaurant to offer free food Sunday
BEAVERCREEK — Spinoza’s Gourmet Pizza & Salads in the Mall at Fairfield Commons in Beavercreek will hold a Grand Opening party this Sunday, June 7.
The events include a kid’s pizza-making class at 1 p.m., free pizza samples from 2 p.m. to 4 p.m., drawings for free caricatures and free pizza, and draft beer flights in which guests can sample five draft beers for $2.
Musical performances include the Danny Voris Duo from 2-4 p.m. and Goran Ivanovic & Eastern Blok from 7-9 p.m.
Spinoza’s is owned by Glen Brailey, founder and former co-owner of Pacchia in Dayton’s Oregon Historic District.
The restaurant’s outside entrance is near Sear’s. For more information, call (937) 426-7799
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Sonic Drive-In open less than a year closes
PIQUA — A Sonic Drive-In that had been open just under a year has closed abruptly.
The restaurant at 1292 E. Ash St. apparently closed over the weekend or early this week, said Lisa Whittaker, director of the Piqua Area Chamber of Commerce, who learned of the closing on Tuesday.
“There was definitely no warning, and yes, I’m very surprised,” Whitaker said. City and chamber officials held a ribbon-cutting at the restaurant in late June 2008.
A man who answered the phone at the Piqua Sonic said he was cleaning up the restaurant and could not comment on the closing. Representatives of Houchens Industries, the Bowling Green, Kentucky company that is the franchise owner for other Sonic Drive-In restaurants in the Dayton area, did not immediately return phone and email requests for comment.
In April, a Houchens employee who oversees some Dayton-area Sonics told the Dayton Daily News that the company was more than halfway toward its goal of opening 29 restaurants in the Greater Dayton area. A Sonic opened a few days ago in Sidney, and another new Sonic at 7888 Brandt Pike in Huber Heights is scheduled to open soon.
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TGI Friday’s brings back B1G1 coupon; Cena unveils summer special
A few recently unveiled restaurant promotions seem to be worth noting. I realize these only scratch the surface, though, so feel free to add others by posting a comment:
— The TGI Friday’s restaurant chain has brought back its buy-one, get-one downloadable coupon for entrees. The offer extends through June 22.
— Cena Restaurant, 2854 Miamisburg-Centerville Road, has launched a Summer Special for early dining: the Complete Churrasco Feast for $19.95, available from 5 p.m. to 7 p.m.
— Fleming’s Prime Steakhouse & Wine Bar is rolling out a new prix fixe menu, according to this story from Nation’s Restaurant News. You can view the prix fixe menu here.
— Savona Restaurant, 79 S.Main St. in Centerville, is offering a special three-course meal for $18.
Any other good deals out there we should know about?
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Troy deli, nearby wine bar close
TROY — Dagwood’s Deli, 1741 W Main St., and Cork-N-Vine, a wine bar around the corner in the strip shopping mall at 1737 W Main St., have closed.
“A lot of it had to do with the economy,” said Angela Crespo, who co-owned the two Troy businesses.
Of the wine bar, Crespo said, “I tried to hold onto it as long as I could … I love the area, love the people — our regulars were great.”
Crespo said she couldn’t comment in detail about the businesses because of legal issues, but she said there is a “possibility of Cork-N-Vine reopening sometime in the future.”
The Troy Cork-N-Vine’s closing has no impact on the Cork & Vine Wine Market & Lounge at 3452 York Commons Blvd. near Miller Lane in northern Montgomery County, according to Shawn Grow, who is co-owner of the Butler Twp. business and was involved initially with the Troy wine bar.
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Downtown Dayton restaurant opens with limited hours now, expanded hours later
Michael’s Dining & Jazz, 40 N. Main St. in the Kettering Tower, has opened for breakfast and lunch while awaiting its liquor license so it can expand into Happy Hour, dinner service and evening entertainment offerings.
Michael Perry, co-owner of the restaurant and entertainment spot we wrote about in April, said he’s hoping to expand the hours of Michael’s on or about July 1.
“We’re going to wait until we’re serving dinner before we do any sort of grand opening,” Perry said.
Meanwhile, the breakfast and lunch service has been gaining momentum since opening about two weeks ago, Perry said. Some diner favorites so far have been the Waffles with Fresh Strawberries for breakfast, and the Walleye Sandwich, Couscous salad and Black & Bleu Burger lunch menu items.
The restaurant is located in the former Chantille’s Restaurant, which closed in February 2008, in the space that once housed the King Cole restaurant.
Until dinner service starts, Michael’s Dining & Jazz is open from 7 a.m. to 2 p.m. Monday through Friday, and from 11 a.m. to 3 p.m. for Jazz Sunday Brunch. It is closed Saturday. For more information, call (937) 331-9188.
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Ribbon-cutting today kicks off restaurant’s grand opening
The new merged restaurant of sorts that we told you about five weeks ago is launching a two-week grand opening celebration with a ribbon cutting at 11 a.m. today, June 2.
The new Artisans Cafe at 47 S. Springboro Pike in the International Village near the Dayton Mall is the second location for its owners, Joe and Pam Heitz, who have teamed up with Akram Fadel, owner of the Taste of Mediterranean restaurant, in the new venture, which combines parts of both restaurants’ menus. The couple operate the original Artisans Cafe in the Randolph Plaza on North Main Street in Clayton in addition to the Miamisburg location.
The new Artisans Cafe’s slogan is “Where the Mid-east meets the Mid-west,” and a news release refers to the new restaurant as “a dining ‘Mecca’ for meat-eaters as well as vegans and vegetarians.” The menu includes falafel, hummus, kabobs, whole-wheat pizzas and whole-wheat wraps, and the restaurant includes an artists’ gallery and will host live music on Friday and Saturday nights.
The hours are Monday through Saturday 11 a.m. to 9 p.m. (closed Sunday). For more information, call (937) 434-9140.
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Attorneys for Duke’s ask judge to reopen restaurant, allow Italian dishes
Attorneys for Duke’s restaurant have asked a federal judge to reverse his earlier order and allow the restaurant to reopen “as an Italian-American restaurant.”
The motion to modify Judge Thomas M. Rose’s temporary restraining order represents the latest legal salvo in a bitter legal dispute between Anne B. Mantia, who owned Dominic’s Restaurant when it closed in 2007, and the restaurant at 630 E. Dixie Drive in West Carrollton . Anne Mantia filed a trademark-infringement and breach-of-contract lawsuit April 3 against Duke’s restaurant owner Reece Powers III, its chef (and former Dominic’s chef) Harry Lee, and against her stepdaughter Christie Mantia. Christie, the granddaughter of Dominic’s founder Dominic Mantia, once owned half of Dominic’s and was to manage the new restaurant but left or was terminated before Duke’s opened.
Judge Rose has ordered the restaurant closed pending the outcome of the civil lawsuit and has already rejected one attempt by a different set of Duke’s attorneys to overturn the order to shut down the restaurant.
In a court filing late Friday, Powers’ and Lee’s most recently hired attorneys — Steven Dankof Sr. and Thomas Intili — argue that the “facts and circumstances … have changed since May 14” when Rose issued his order to shut down the restaurant until the court case is resolved.
Duke’s owner has taken the required steps to distance the restaurant from the former Dominic’s, including dissolving the corporation Powers had set up last year that had been named “Dominic’s Restaurant Inc.,” the attorneys said.
The Duke’s attorneys dismissed as “impertinent” and “posturing” a suggestion last week by Anne Mantia’s attorney, James Morris, that the restaurant had the chance to reopen if it agreed to cease serving Italian food.
“First, it is virtually impossible to define ‘Italian’ food,” Dankof and Intili wrote. “Indeed, given that the variety of food seved in Italy is so vast, an order barring Duke’s from serving ‘Italian’ food would be the equivalent of barring Duke’s from reopening entirely.”
The judge would be overstepping his bounds if he banned the restaurant from serving Italian food, or even if he ordered it not to serve “dishes once featured by the former Dominic’s restaurant,” the Duke’s attorneys said.
Friday’s court filing was not without a bit of legal taunting in a case that has at times gotten personal. In a footnote embedded in their motion, the Duke’s attorneys say of Anne Mantia, “And unlike plaintiffs who oversaw the demise of the former Dominic’s restaurant and now merely market products (salad dressing and pasta sauce), the Duke’s restaurant defendants actually operate a restaurant.”
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