NCAA Basketball Tournament
Arrest made in SWAT standoff
SXSW Festival in TX
Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > May > 11 > Entry
Duke’s distances itself from Dominic’s; Christie Mantia ‘terminated’
Christie Mantia, the granddaughter of Dominic’s Restaurant founder Dominic Mantia, has been terminated from her general manager’s position and no longer has any affiliation with the restaurant now called Duke’s, the attorney for Duke’s owner Reece Powers III said in a federal court hearing this morning, May 11.
U.S. District Court Judge Thomas M. Rose heard testimony for more than two hours on whether Powers and former Dominic’s chef Harry Lee violated the terms of a temporary court order barring them from utilizing the Dominic’s name, likeness, image and products at Duke’s, which opened May 1 at 630 E. Dixie Drive in West Carrollton. James Morris, attorney for former Dominic’s restaurant owner Anne B. Mantia, asked the judge to seize the gross receipts from the first days of business; to bar Christie Mantia, Powers and Lee from continuing to operate the restaurant; and to declare the defendants in contempt of court.
But Mantia’s termination meant that she was not required to be present for Monday morning’s hearing. In an affidavit, Christie Mantia said she has not been present at Duke’s since April 27 and does not work at the restaurant.
It’s unclear what the termination will mean for her involvement as the case moves forward. A hearing is scheduled for June 8 on whether the temporary restraining order granted to Anne Mantia against all three defendants will become a preliminary injunction.
It was clear from Monday’s testimony that Powers wants to distance himself and his new restaurant from Dominic’s. He described his efforts to drive the point home to his servers and other staff to assure customers that Duke’s has no affiliation with Dominic’s and has its own recipes.
Powers is the nephew of Duke Morris, who owned Duke’s Golden Ox. That restaurant closed in 2004 after a 34-year run on South Main Street near the Montgomery County Fairgrounds, just up the street from the former Dominic’s, which closed in 2007 under Anne Mantia’s ownership. Powers said some of the recipes at his new restaurant evoke dishes served at his uncle’s restaurant, for which Duke’s is named. The business name he chose when he incorporated, however, was “Dominic’s Restaurant Inc.,” and Morris pointed out in court that some Duke’s credit card receipts and the restaurant office’s fax machine listed “Dominic’s” and the restaurant’s name.
Dennis Lieberman, who is now representing Powers, told the judge Powers had no intention to violate any terms of the temporary court order, and said at stake in the judge’s decision is the employment of 55 to 70 people — Powers’ estimate as to the number of people employed at Duke’s.
The original dispute in the case, Lieberman said, “was between two Mantia women.”
Rose did not rule from the bench but said he would issue a decision soon.
Permalink | Comments (20) | Categories: Local restaurant news
Comments
By Martha Hardcastle
May 12, 2009 1:21 AM | Link to this
Never Duke’d it out, but Dominic’s house salad was definitely what some might call warm. It allowed the garlic to fully explode and release its allacious charms.By Ted turney
May 11, 2009 11:12 PM | Link to this
Anne Old and embittered from her own mistakes to realize she could have solidified the Dominic’s name in the history of Dayton,.By kevin
May 11, 2009 10:56 PM | Link to this
Before some moron makes a issue out of it,I realize I mispelled a few words.At least I’m bright enough to not care about this junk.By Kevin
May 11, 2009 10:51 PM | Link to this
Oh Sweet Jesus Who care’s it’s flippin restaurant. With everything going on in the world this is news,this a concern for our comunity. Here ya go: pasta,garlic,tomato sauce,itialan hers,onion, cheese. There is the recipe for almost all Italian dish’s.Let the lawsuits begin. What this is ,is greed on all parts,so if ya like the food and want to help someone make money then go if not drop it and move on.This is why Dayton is falling apart,we care about a story like this and not about real problems.most of the people in this deal wouldn’t give you the time of day,unless you were a paying cust.By Bernie W
May 11, 2009 10:50 PM | Link to this
I just cannot believe Dick Mantia screwed his kids like he didBy Sgt.J.P.McDonough (Ret.)
May 11, 2009 10:25 PM | Link to this
Bring Tommy Mantia back he”ll know what to do !!!By Wilma
May 11, 2009 9:31 PM | Link to this
Go away Anne. Far, far away.By Hungry
May 11, 2009 9:06 PM | Link to this
Food was just OK. Parking is a joke. Service was slow. It was just average. Saturday night 6 pm seating. Salad was wilted and warm… I do not remember either D or D salad dressing being warm?By Carla
May 11, 2009 8:59 PM | Link to this
Keep up the fight, Dennis needs the money to pay his taxes!By Anj
May 11, 2009 8:51 PM | Link to this
Karma is a b***h. What what you do unto others- it comes back to you tenfold.By MJ
May 11, 2009 8:38 PM | Link to this
ALL ** ASIDE THE FOOD IS AWSOME THE PRICE IS RIGHT. EAT WHERE YOU WANT.DUKES IS MY CHOICE.THEY ARE REALLY TRYING TO PLEASE EVERY ONE GOOD LUCKBy daytondawg52
May 11, 2009 6:55 PM | Link to this
Don’t forget the Grub Steak just 2 minutes up the road from Duke’s. Two good places now in W.C.By Sal Monella
May 11, 2009 6:52 PM | Link to this
Sounds like getting in a p!ssing contest with a skunk. Nobody wins and every body ends up stinkin’. Just another family feud where the lawyers get fatter and fatter and the relatives fight it out until somebody has spent waaaaay too much and gives in. The money would be better spent giving it to a food pantry to help feed the poor. Bunch of selfish greedy stupid families.By SueMe
May 11, 2009 6:37 PM | Link to this
Get over the legal stuff and give the place a try. It’s pretty good, and it’s nice to have a good place to go in West Carrollton.By hobbs
May 11, 2009 6:36 PM | Link to this
I don’t know what the big deal is! They should be honored that people will come from all over to enjoy their food regardless of the name. This also is helping the local businesses in Moraine and West Carrollton especially since the closing of the Moraine Assembly Plant.By Tony
May 11, 2009 5:49 PM | Link to this
I was only interested in Dominic’s recipes. If they are not using them, I am not going to Duke’s. There are many other fine local places for Italian in the area to go to.By Bob
May 11, 2009 5:22 PM | Link to this
If Duke’s features some of Duke’s original recipes including the Lebanese House Salad (could drink that salad dressing!) and features “similar-tasting” garlic salad and sauce from Dominic’s, I’ll eat there on my next visit to Dayton from Minneapolis. Both restaurants ofered fabulous food!By Janice
May 11, 2009 4:30 PM | Link to this
In Dayton, there are many good restaurants run by honest and hard-working people to frequent, rather than supporting this family mess. Duke and Dominic’s days are over, find another locally owned restaurant to support. Enough of this already!By curious onlooker
May 11, 2009 3:58 PM | Link to this
Perhaps this explains the previously mentioned small portions and large prices.By CityResident
May 11, 2009 3:37 PM | Link to this
Well, there goes my desire to try the new restaurant. Also, Powers hires Lieberman to represent him? No need to pay taxes?