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Home > Blogs > Taste: Dayton food and restaurants > Archives > 2010 > February > 11
Thursday, February 11, 2010
Bankruptcy may complicate Duke’s court fight
Both sides clashed today, Feb. 11, over the menu served by Duke’s Restaurant in West Carrollton during a hearing to determine whether Duke’s owner Reece Powers III will be held in contempt of court for a third time in the trademark-infringement lawsuit filed against him by former Dominic’s restaurant owner Anne B. Mantia.
U.S. District Court Judge Thomas M. Rose did not rule immediately on whether Powers’ actions in reopening Duke’s on Dec. 11 and serving a menu that deviates slightly from a hand-written description of dishes served at the former Duke’s Golden Ox restaurant merit in additional sanctions or punishment. Rose twice has ordered the restaurant at 630 E. Dixie Drive in West Carrollton to shut down in connection to the case, although it is open and operating currently.
Even if the judge does grant a motion filed by Mantia’s attorney, James Morris, to find Powers in contempt of court again, a petition to declare personal Chapter 13 bankruptcy filed by Powers and his wife Nancy earlier this week may limit Rose’s options in punishing or sanctioning the restaurant owner.
Powers’ attorney, Steven Coffaro of Cincinnati, did not attend today’s hearing because he believed the bankruptcy filing essentially put a hold on the contempt-of-court proceedings, Dayton attorney John J. Scaccia, who is representing Powers on bankruptcy-related matters, told the judge this morning.
But Judge Rose did not agree, and decided to go ahead with the contempt-of-court hearing, forcing Powers to act as his own attorney. At one point, Powers called Mantia to the witness stand, although his questions and her testimony were limited to a comparison of Duke’s and the former Duke’s Golden Ox menu.
Rose has warned Powers to begin complying with previous court orders and deadlines or face an immediate judgment in Mantia’s favor. It’s not clear what impact the bankruptcy filing will have on the case, which is scheduled for trial Sept. 27, 2010. Former Dominic’s chef Harry Lee and Christie Mantia, Anne Mantia’s stepdaughter and former co-owner of Dominic’s, are also defendants in the lawsuit.
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TweetNew BBQ restaurant to open Monday in Beavercreek
The Woody’s BBQ that we told you about in November is poised to open Monday at 3321 Dayton-Xenia Road just west of North Fairfield Road in Beavercreek, owner Michael York said today, Feb. 11.
The 3,000-square-foot restaurant will seat 85 people and will employ 25 to 30 people, York said. A patio that seats an additional 20 to 25 people will open when the weather permits, the restaurant owner said.
York said the building has undergone extensive renovation, including new windows, bathrooms and plumbing, and has a newly paved parking lot.
The full-service restaurant is part of a Jacksonville, Florida-based chain that operates 31 restaurants, 28 of them in Florida. The Woody’s BBQ menu includes Baby Back Ribs, Spare Ribs, Barbecue Chicken, Hot Wings, Cole Slaw and Banana Pudding.
Hours will be 10:30 a.m. to 10:30 p.m. seven days a week. The restaurant’s phone number is (937) 426-7447.
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