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October 29, 2009 | Taste: Dayton food and restaurants
 

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Thursday, October 29, 2009

Face to face, judge admonishes sports bar owner for ignoring order to close

By Mark Fisher | Thursday, October 29, 2009, 04:17 PM

The civil lawsuit filed against the owner of All Stars Sports & Wings in Kettering took a bit of a courtroom twist this afternoon, Oct. 29, when Montgomery County Common Pleas Judge Barbara Gorman admonished the sports bar’s owner, Todd Hicks, for apparently ignoring her temporary restraining order to shut down, and gave him until 5 p.m. today to comply.

All Star Sports & Wings “must be closed at five o’clock today” pending any future order allowing it to reopen, Gorman told Hicks. The sports bar “should have been closed on Oct. 22,” when Hicks first received notice of the temporary restraining order, but the judge told Hicks, “I’ll give you one hour and 40 minutes to do that.”

Attorney Cheryl Washington, who said she was hired today to represent Hicks, requested and received a postponement of a hearing to determine whether Hicks will be held in contempt of court for his actions since being served the restraining order. The hearing was rescheduled for Nov. 5.

All Stars Sports & Wings opened last month in the 4139 Wilmington Pike building that housed a Grindstone Charley’s restaurant until early 2008. The lawsuit against the sports bar and its owner was filed by 8-Ball & Wings, 4515 Salem Ave., Trotwood, a business Hicks owned before selling it to Theodore Somerset.

Hicks signed a “non-competition agreement” as part of the sale in which Hicks agreed he would not become involved with a competing sports bar “within a radius of 20 miles” of the sports bar on Salem Avenue.

The lawsuit contends that All-Sports “lies within 20 miles” of 8-Ball & Wings, and that the Trotwood sports bar has suffered a loss of revenue from “the diversion of customers from plaintiff’s business to defendant’s business” and by confusion over the 8-Ball & Wings trademark. The lawsuit alleges that Hicks and his new sports bar “designed their trademarks to resemble” 8-Ball’s trademarks.

Gorman’s temporary restraining order mandated that All Stars shut down “immediately,” but the plaintiffs contend the Kettering sports bar ignored the request and remained open for business despite the court order.

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Memorial service Sunday for Chef Dieter Krug

By Mark Fisher | Thursday, October 29, 2009, 10:57 AM

The memorial service for legendary local chef Dieter Krug has been set for 4 p.m. Sunday, Nov. 1, at the Tobias Funeral Home Far Hills Chapel, 5471 Far Hills Ave. at Rahn Road.

The family will receive friends at the funeral home starting at 1 p.m. Sunday until the start of the service. Contributions in Chef Krug’s memory may be made to the Disabled American Veterans, P.O. Box 14301, Cincinnati, OH 45250.

In the story I wrote about Chef Dieter’s passing back on Oct. 12, I focused on his career since he co-founded l’Auberge, but gave short shrift to his work prior to 1979. As his death notice in today’s Dayton Daily News points out, Dieter left Germany in 1953 and worked in hotels in Rome and Madrid before moving to the U.S. in 1956. Chef Krug worked for the Comisar family at The Maisonette in Cincinnati and the King Cole in Dayton before co-founding l’Auberge.

Many thanks to those who left comments on the Taste post after Chef Krug’s death. I know his daughter Claudia appreciated them.

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