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Friday, December 18, 2009
One appeal dismissed, but hearing brings no changes to Duke’s
One of the two appeals filed by attorneys for Duke’s restaurant owner Reece Powers III has been dismissed, according to records filed today, Dec. 18, with U.S. District Court.
Powers is a defendant in a civil lawsuit alleging trademark infringement filed by former Dominic’s restaurant owner Anne B. Mantia, who obtained a preliminary injunction from U.S. District Court Judge Thomas M. Rose ordering Powers to shut down his West Carrollton restaurant pending the outcome of the case. Powers reopened the restaurant last Friday, Dec. 11, serving a menu of dishes served at the now-defunct Duke’s Golden Ox restaurant, based on language the judge included in a decision filed last week in the case.
Three days after the restaurant reopened, Judge Rose scheduled a “hearing on the record” for today, Dec. 18, and summoned the parties and their attorneys to be present. Powers’ attorney, Michael Botros of Washington Twp., and Mantia’s attorney, James Morris of Lexington, Ky., met with Rose inside the judge’s chambers for 75 minutes this morning, but no testimony or action was taken in open court. Both attorneys declined comment afterward. Powers said after the in-chambers session that Duke’s remains open.
Previously, Judge Rose strongly encouraged both sides to come up with an agreed-upon menu that could be served at the restaurant, but no such agreed-upon menu has been filed with the court for the judge’s approval.
Powers has filed two notices of appeal regarding the menu restrictions, but one of the appeals was ordered dismissed today because financial arrangements were not made for paying for the preparation of a transcript of district court hearings that would have been necessary for the appeal to move forward.
Christie Mantia, stepdaughter of Anne B. Mantia and the granddaughter of the founder of Dominic’s restaurant, is also a defendant in the trademark infringement and breach-of-contract lawsuit, along with former Dominic’s chef Harry Lee. She was not present in court Friday and was ordered by Judge Rose to provide the court with a telephone number so she can participate in a status conference by telephone that the judge set for Dec. 23.
Duke’s at 630 E. Dixie Drive is open for lunch and dinner seven days a week. For more information, call (937) 866-1111.
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TweetSurvey reveals favorite fast-food restaurants
Check out this Nation’s Restaurant News story headlined “Chick-fil-A, Five Guys tops in QSR study” revealing the results of a survey of 3,000 consumers nationwide regarding their favorite quick-service restaurants.
Here are two excerpts from the NRN story:
When the more than 3,000 consumers surveyed were asked to name characteristics of restaurants they liked most, Chick-fil-A and Five Guys finished with the most and second-most citations of friendliness and cleanliness. Chick-fil-A also had the most citations for accommodating children, and Five Guys tied with Chipotle for highest quality of food.
Keeping in mind that the results were adjusted for market size, the story adds this:
Market Force also released figures for the survey in which market size was not taken into account. By that measure, Chick-fil-A still did well, tying quick-service giant McDonald’s with 11 percent of all votes. Taco Bell was third with 7 percent of all votes, followed by Panera Bread and Subway with 6 percent and a four-way tie among Burger King, Chipotle, Arby’s and Five Guys with 4 percent.
Five Guys is new to the Dayton area, and just opened its second location in Beavercreek just this week. The other three highly rated chains — Chick-fil-A, Chipotle and Panera — have multiple locations in southwest and west-central Ohio.
I’m less familiar with Chick-fil-A than I am the other three chains. What’s your take on these consumer survey results?
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