Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > December > 18 > Entry
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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