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Duke’s menu challenged again by ex-Dominic’s owner
The former owner of Dominic’s Restaurant has gone to court to again challenge the menu being served at Duke’s Restaurant — not because it resembles the former Dominic’s’ menu, but because it has “grossly expanded” beyond the limitations set by a federal judge in an earlier court order.
In documents filed Wednesday, Aug. 5, in U.S. District Court, the attorney for former Dominic’s owner Anne Mantia is seeking a second finding of contempt of court against Reece Powers III, the owner of Duke’s Restaurant at 630 E. Dixie Drive in West Carrollton, and the restaurant’s chef, Harry Lee. District Court Judge Thomas Rose ruled in June that Duke’s Restaurant — which is at the center of a breach-of-contract and trademark infringement lawsuit filed by Mantia — would be allowed to reopen but must serve only the menu of the former Duke’s Golden Ox restaurant, at least until the lawsuit was resolved.
Powers and Lee have filed a notice of appeal of Judge’s Rose’s ruling, suggesting they will try to convince an appeals court that the menu restrictions go too far.
But Mantia’s attorney, James Morris, said in his motion that until the appeal is sorted out, Rose retains jurisdiction over the preliminary injunction that ordered Powers and Lee to serve only those items on the former Golden Ox menu as submitted by the restaurant’s owner (and Powers’ uncle), Raymond “Duke” Morris. Any deviations from the old menu were ordered to be submitted to the judge for approval.
Yet Morris claims that Powers and Lee “continue to ignore the injunction and, instead, have insisted upon utilizing a grossly expanded menu, incorporating numerous items that are simply nonexistent in the Duke’s menu … .”
Powers said this afternoon, Aug. 6, that Morris’ motion seems like harassment, especially since Duke’s current menu was hammered out during a lengthy conference among Morris, himself and his ex-attorneys. During that conference, Powers said he agreed to remove many Italian specialties from the Duke’s menu, including multiple entrees, soups, salads and desserts, in order to reach an agreed-upon menu with Morris.
“I’m trying to run a restaurant. I don’t know what more to do” to placate the plaintiffs’ attorney, Powers said.
Morris renewed his request that the judge order Powers to account for, then forfeit, “all gross receipts from the illegal operation of the restaurant.”
No hearing date has yet been set on the most recent motion for a contempt of court ruling. It’s not clear who will be filing the appeal of the menu restrictions on Powers’ behalf; his most recent attorneys have obtained the judge’s permission to withdraw from representing the restaurant owner, who has parted ways with at least four different sets of attorneys since the case began.
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. Christie Mantia, granddaughter of Dominic’s founder and stepdaughter to Anne Mantia, is also listed as a defendant in the case, though she is no longer affiliated with Duke’s.
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