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For third time, judge orders restaurant shut down
U.S. District Court Judge Thomas M. Rose today, March 29 ordered Duke’s Restaurant in West Carrollton shut down for the third time in less than a year.
The action comes four days after Rose issued a default judgment against Duke’s Restaurant owner Reece Powers III and two co-defendants, effectively ending an 11-month legal battle in which former Dominic’s restaurant owner Anne B. Mantia filed a federal lawsuit against her stepdaughter Christie Mantia, former Dominic’s chef Harry Lee and Powers for trademark infringement and breach of contract.
The judge found Powers and Lee to be in contempt of court for their actions serving menu items outside the limited menu that Rose had ordered, and the judge issued a third injunction ordering Powers and Lee to “immediately cease and desist from the operation of the restaurant” at 630 E. Dixie Drive.
“I think it’s a travesty that this has happened,” Powers said late this afternoon as he prepared for Duke’s dinner service. He had not yet received or seen the judge’s decision.
“Who are we harming?” Powers said. “Mrs. Mantia chose to close her restaurant three years ago. We are just trying to run a restaurant.”
Powers — a third-generation restaurant operator whose grandparents operated an eatery in east Dayton in the 1930s and ’40s and whose uncle owned Duke’s Restaurant in Dayton — said the judge’s decision will throw Duke’s two dozen employees out of work. “These are not easy times for people to get jobs,” he said.
In boldface type in his decision, Rose threatened Powers with jail time if he ignored the judge’s order to close Duke’s: “Failure to comply with this order may result in further sanctions up to and including civil and/or criminal contempt proceedings, either of which may result in incarceration,” the judge wrote.
The default judgment issued last week means Anne Mantia has won the case, and the only thing left is to determine damages. A hearing has been scheduled for May 20. Rose has said he cannot force Powers to pay monetary damages because Powers and his wife have filed for personal bankruptcy, which blocks such damage awards while the bankruptcy is in effect.
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