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Thursday, August 13, 2009
CENA files for Ch. 11 bankruptcy protection
I’m on vacation (or in this case, stay-cation), but here is a story my DDN colleague Ben Sutherly has written this morning concerning the local restaurant scene entitled Restaurant owner files for bankruptcy protection, about CENA Brazilian-Mediterranean Steakhouse filing for Chapter 11 reorganization bankruptcy.
CENA is owned by Eva Christian, who also owns Cafe Boulevard, which also filed for bankruptcy protection/reorganization earlier this year. Cafe Boulevard has been operating normally while in Chapter 11, and in fact offered up a great dining experience during the recently completed Restaurant Week. The reorganization bankruptcy case remains open.
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TweetJudge orders Duke’s to pay $20K in legal fees to other side’s attorney
A federal judge has ordered Duke’s restaurant, its owner Reece Powers III, and chef Harry Lee to pay $19,725 to the attorney representing former Dominic’s Restaurant owner Anne Mantia.
In a ruling filed Wednsday, Aug. 12, U.S. District Judge Thomas Rose noted that the deadline passed on July 10 for filing a response to a motion for attorneys’ fees filed June 15 by Mantia’s attorney, James Morris of Lexington, Ky. — and no response was filed. Rose concluded that Morris’ request is “unopposed and now ripe for decision,” and he awarded Morris the full amount requested. But the judge declined Morris’ attempt to hike the amount awarded because of the quality of the attorney’s legal service and because of the nature of Duke’s violations of a temporary restraining order that prompted the request for legal fees, calculated on 52.6 hours of work at an hourly rate of $375.
Powers could not be reached for comment this morning, Aug. 13. Judge Rose noted in his ruling that Powers has parted ways with at least four sets of attorneys as the still-pending case has unfolded and is now acting as his own attorney.
Christie Mantia — also a defendant in Anne Mantia’s copyright-infringement and breach-of-contract lawsuit against the restaurant now called Duke’s — was not ordered to pay the legal fees because she was no longer connected to the restaurant at the time of the violations of the restraining order. Her attorney also has asked to withdraw from the case.
Powers has filed a notice of appeal with the U.S. Sixth District Court of Appeals to Rose’s issuance of a preliminary injunction in the lawsuit. The injunction, among other actions, severely limits the menu of Duke’s — located at 630 E. Dixie Drive in West Carrollton — to items served at the now-defunct Duke’s Golden Ox restaurant, which was run by Powers’ uncle.
The original lawsuit was filed April 3. Its request for monetary damages against the new restaurant and against Powers, Lee and Christie Mantia has not been resolved.
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