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Duke’s Restaurant was poised to reopen last weekend
Both sides in the long-simmering Dominic’s-Duke’s court fight have reached a new menu agreement that could pave the way for the restaurant to reopen, according to a voicemail message to customers from Duke’s owner Reece Powers III.
But Powers — co-defendant in a federal trademark-infringement lawsuit filed by former Dominic’s Restaurant owner Anne Mantia — expressed frustration that the necessary court paperwork wasn’t filed in time for Duke’s to be open over this past weekend, Oct. 16-18. Duke’s had taken out advertisements in the Dayton Daily News announcing it had “reopened for business,” but callers to the restaurant heard a different story in a voicemail greeting on the restaurant’s phone line Saturday and Sunday.
“If you’re calling about the advertisement stating we are open, we apologize,” Powers says.
The Duke’s owner told customers that lawyers for all parties reached an agreement earlier this month on “yet another menu,” but the agreement was not filed in court in time for the restaurant to open last weekend. He suggested that Mantia and her attorney did not meet a deadline set by the judge during an in-chambers hearing held Oct. 8.
“We still hope to reopen as soon as (the judge) lets us, and we thank you for your patience,” Powers said.
Judge Rose ordered Duke’s to close Sept. 1 for the second time since the lawsuit was filed in April. The judge ruled that Powers and the restaurant’s chef, Harry Lee, were in contempt of court for violating the terms of an earlier court order limiting the menu they could serve at the restaurant at 630 E. Dixie Drive.
The restaurant opened May 1, was ordered to close on May 14, allowed to reopen with a limited menu on June 25, was shut down on Sept. 1, and has been closed since.
The judge also has ordered Powers and Lee to pay more than $27,000 in legal fees to Morris, Mantia’s attorney, for the work he performed on two contempt-of-court motions. Powers’ attorney, Michael Botros, has notices of appeal to the judge’s rulings regarding legal fees and the menu restrictions.
Powers has said he made multiple changes to the menu in an effort to appease Mantia and her attorney, and has offered to make more. The frequent closings are severely hurting the restaurant and especially its employees, Powers said.
So far, the legal maneuvering in the case has revolved mostly around restraining orders and injunctions regarding Duke’s and its menu, while the requests by 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 severed ties with Duke’s before the restaurant opened the first time in May.
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