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Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > May > 15 > Entry
Duke’s closes, but seeks to overturn judge’s order
This is an update of an a story from earlier today entitled “Attorney asks judge to force shutdown of Duke’s restaurant”.
Duke’s in West Carrollton has closed its doors and will remain closed until a court allows it to reopen, restaurant owner Reece Powers III said Friday afternoon, May 15.
Attorneys for Powers late Friday asked U.S. District Court Judge Thomas M. Rose to reconsider his Thursday ruling that ordered Duke’s to shut down pending the outcome of the trademark-infringement case against it. Dennis Lieberman, Powers’ attorney, contends the judge erred and asks Rose to stay his shutdown order and to conduct a hearing on the request.
Earlier Friday, Powers expressed frustration at having to tell 55 to 70 employees of the restaurant that the restaurant would have to close at least temporarily. Workers were “upset and confused,” he said.
Powers testified earlier this week that his restaurant has no connection or affiliation with the former Dominic’s restaurant, which closed in 2007 after a 50-year run.
“This has gotten so blown out of proportion,” Powers said. The restaurant has been a positive for its employees, customers and the city of West Carrollton, he said.
“I just can’t imagine the judge could find any merit in shutting us down,” Powers said.
Permalink | Comments (59) | Post your comment | Categories: Local restaurant news
Comments
By Jim 5
May 20, 2009 2:23 PM | Link to this
How hard is it to change the name on the charge accounts and the incorporation paperwork? The owners left themselves open to an attack by a greedy, vindictive _By me
May 19, 2009 7:15 PM | Link to this
this is insane. Let Duke’s open. People need jobs & it’s clear that Anne is a greedy old b^&@*. the recipes lay w/ the bloodline.By Duke's Employee
May 19, 2009 7:08 PM | Link to this
I work for Duke’s And to be honest its the best Job I have had, I work for and with a great bunch of people. Its to bad that people can’t just put the past in the past and letit be… As one loyal employee, I am behind Reece and Cheif. Thanks Reece for all you have been going through and still remembering us that are there working,or wanting to work….. Dominick’sBy gary
May 19, 2009 7:08 PM | Link to this
Folks go back to the very begining. In their application to the state they used dominic;s,inc and they continued to usethe cash registers and credit card machines without clearing out the former name, hence the problem. And if you don’t know Judge Rose or any other judges keep your comments to y our self, fine folksBy Try the Grub Steak!!!!!
May 19, 2009 2:44 PM | Link to this
The Grub Steak is right up the street from the now CLOSED Duke’s…just go to the top of the hill on Alex Road - The Grub Steak is on the left. Delicious ribs, steaks, homemade salad dressings and MORE!!!!By me
May 19, 2009 1:39 PM | Link to this
Anne Mantia needs to let this drop! Everyone misses the ‘old dominics’ before Anne ran it into the ground! Now I understand why the food went downhill! She lost her chef! Now Christie and company are trying to ‘revive’ an old Dayton tradition and Anne is mad?! Sounds like a bitter old woman to me! It’s the same way she acted while always sitting at the bar at Dominics!By not perfect, just right!
May 19, 2009 1:29 PM | Link to this
So, I decided to try Dominic’s when it was still open, to see what all the fuss was about. This was perhaps 15 years ago? I went in, was not impressed by the atmosphere, service, or management, and left entirely unimpressed. Why would someone want to try to duplicate that? If you want to dine out in that area go to Grub Steak for a great meal, and some REAL garlic dressing! These two ladies should be barred from the restaurant assoc.By ALWAYSHERE
May 19, 2009 1:16 PM | Link to this
I CAN’T BELIEVE THIS IS ALL OVER A FAMILY FIGHTING OVER MONEY.WE ARE ALL PAYING FOR THIS IN OUR TAXES.THIS IS CRAZY.I LOVE DUKE’S.EVERY DAY THAT THEY WERE OPEN THEY WERE SO BUSY.ALWAYS PEOPLE EATING IN THERE.I CAN NOT BELIEVE ALL THIS HATRED ON HERE.SORRY PEOPLE ON HERE HAVE NOTHING BETTER TO DO THEN TALK ABOUT SOMEONE TRYING TO GET A REALLY NICE PLACE OFF THE GROUND.I AM SORRY THAT YOU GUYS HAVE TO DEAL WITH THIS MADNESS!!!!!!!!!!By New One
May 19, 2009 1:08 PM | Link to this
Okay…wth???We just ate at Duke’s a week ago!!! We loved it!!!Service was great..food was great..Prices are just right..Why would they put all those employees out of work??I dont understand this!!That is the best place to dine in wc!!!We are supporting you reece!!!And the whole Duke’s team..You guys are great..and we will be eating there soon…Once anne gets over her selfish ways..xoxoxoxoxoBy New One
May 19, 2009 1:07 PM | Link to this
Okay…wth???We just ate at Duke’s a week ago!!! We loved it!!!Service was great..food was great..Prices are just right..Why would they put all those employees out of work??I dont understand this!!That is the best place to dine in wc!!!We are supporting you reece!!!And the whole Duke’s team..You guys are great..and we will be eating there soon…Once anne gets over her selfish ways..xoxoxoxoxoBy fomer employee of Dukes Golden Ox
May 19, 2009 12:29 PM | Link to this
Im sure thefood,service and atmosphere is not the same as the original.The name should not be the same.By tl
May 19, 2009 12:17 PM | Link to this
Ok, I am not a lawyer, and all I read are these articles. But here are my dilemmas: a) Christie was employed as a manager, not the owner. She didn’t make the decision on the name. b) They have made the change to Duke’s. c) There are Dominic’s grocery stores in Chicago, all kinds of Dominic names.. seems to be personal. d) Sounds like Anne wants money, to try to re-open a ‘dominic’s like’. I say that because without the original chef.. who she is suing.. she won’t have the actual recipes. After all this.. who would come to her new restaurant? Get over it, let Duke’s do what Duke’s family does best… Anne… move on…it is a shame you have such hatred for your family and extended family. Life if too short!By Mr. fomer chef
May 19, 2009 12:12 PM | Link to this
whats the menu likeBy Annie's Song
May 19, 2009 11:57 AM | Link to this
On top of spaghetti, All covered with cheese, I lost my poor meatball, When somebody sneezed. It rolled off the table, And on to the floor, And then my poor meatball, Rolled out of the door.By fritzi
May 19, 2009 9:36 AM | Link to this
Spoke to Dick last night, he wanted to know what those _ers were doing? And who was the _er and who was the __ee?By fritzi
May 19, 2009 9:36 AM | Link to this
Spoke to Dick last night, he wanted to know what those _ers were doing? And who was the _er and who was the __ee?By j
May 18, 2009 1:34 PM | Link to this
I think what Annie is doing to Christie is horrible. I wish Dick had never married her.By King Ignorance
May 18, 2009 7:33 AM | Link to this
I don’t know who’s more ignorant, scott for blaming restaurants that were forced out of Dayton or Paul j for being stuck in the past qand condemning what he knows nothing about. Gone insane, got no brain.By Mrs. L
May 17, 2009 7:17 PM | Link to this
Ann Mantia ruined a wonderful restaurant. Bought her salad dressing and it is horrendous! Threw it in the trash..By JNJ
May 16, 2009 10:11 PM | Link to this
Someone needed a job but did not get one. KARMA.By Sam
May 16, 2009 4:57 PM | Link to this
Because of greed, several people are now out of work. You happy now Anne? You have no business running a restaurant. You already ran a once great restaurant into the ground. Let Dukes be!!!By WC Resident
May 16, 2009 4:17 PM | Link to this
From the first version of the article: “… swift response from this court, including a forced closing of the restaurant as well as sequestration of all assets associated” with Duke’s, the most recent contempt motion said.” I’d like to know if Anne has been successful in her attempt to smash and grab the receipts of Duke’s. I’d like to know if Anne’s actions has affected the ability of Duke’s to meet payroll and pay the employees. I know people who work there and as of now all they know is that May 18th was to be their first pay day. Are they going to get paid? Or has the judge seen to it that someone else gets their paychecks? I wouldn’t think payroll would be considered an asset. As far as the judge goes, you’d know, if you’ve ever had any dealings with any division of the court system, that more often than not it all comes down to who knows whom, who is sleeping with whom or who plays golf with whom. It’s rarely about justice but rather ‘the politics of the system’ which is mostly about scratching around on one another to put some change in the pocket or some advantage in one form or another. If the judge was really interested in fairly resolving this drama, he would have ordered Powers to change the corporate name from the DDN reported Dominic’s Restaurant, Inc, told Anne and her lawyer to beat it out of his court and back to Kentucky and been done with it. Apparently, he would like to elevate this feud to something it’s not, for whatever his own reasons are.By confused
May 16, 2009 3:16 PM | Link to this
I am still confused….I thought the whole deal was using the name Dominics. From what I can see the new place is doing whatever they can to remove anything “Dominics” to appease the courts….why do they still shut them down?By MJ
May 16, 2009 11:49 AM | Link to this
ANNIE TRICKED CHRISTIE KNOWING MIAMI VALLEY HOSP. WOULD PAY 5 + MILLION FOR PROPERTY THAT DOMINICKS OWNED ANNIE RECEIVED AFTER GETTING CHRISTIE OUT OF THE WAY WHAT A GAL. & SNAKE……By listen up
May 16, 2009 11:22 AM | Link to this
Powers the owner.. “expressed frustration at having to tell 55 to 70 employees of the resturant…” 55 to 70 is one heck of a huge gap, shouldn’t the “owner” know specifically how many peeps he employs?By Erin
May 16, 2009 10:54 AM | Link to this
“Dude with sum sense”…seriously? I work for Duke’s and I can guarantee you that I am more intelligent than you claim to be. It only took a reading a few of you “genius” comments to figure that out. Duke’s served and will continue to serve amazing food, eventually. There are just too many HATERS out there!By Bebop Louis
May 16, 2009 10:51 AM | Link to this
A Rose, by this decision and many others, is still a Thorn-a Republican, conservative ex-prosecutor who is lonely and afraid in the post-Nazi world of the Democrats. Funny how this guy aborts the essence of his own party’s beliefs, that of free, individual enterprise, by writing a protectionist decision for people who could no longer operate a business against people who can. Ain’t that America….By carolyn
May 16, 2009 10:42 AM | Link to this
Well had reverations for tonight.But will go when they return and they will.I grew up with Powers late mother Shirley and they are a great family.Dukes mother could really make the spaghetti sauce. could really make the sauceBy BennyD
May 16, 2009 10:26 AM | Link to this
Paul J is interesting, but not very. He knows Duke’s was and is a “hog trough” even though he admits he has never eaten there. Oh, well! So much for credibilityBy scott
May 16, 2009 10:24 AM | Link to this
What is with these places leaving Dayton and going to West Carrollton?I am not interested in eating at some strip mall. So Grb Steak, Duke, and whoever else moves to the dump that is West Carollton won’t get my businessBy nyc
May 16, 2009 10:18 AM | Link to this
the whole world is watching this…all my relatives back east are calling me around the clock…anticipating the final outcome…i myself have been sitting on the edge of my seat..unable to sleep at night…history is being made hereBy Scooby does not
May 16, 2009 10:13 AM | Link to this
There’s a saying: “If only we could see ourselves as other people see us.” Can’t Anne and Christie see that they are a laughingstock?By Paul J.
May 16, 2009 9:54 AM | Link to this
Who gives a damn about DUKE’S? Didn’t eat there when it was in Dayton and won’t eat there no matter where it is! Don’t care for HOG-TROUGHS!!! How many of you remember the VIRGINIA CAFETERIA, CULP’S, or SACKSTETTER’S? Or KUNCH in North Dayton. The WISHING WELL in Centerville. Or HIGH VIEW TERRACE in Bellbrook? Not anywhere close to the HOG-TROUGHS of today!By jjr
May 16, 2009 7:38 AM | Link to this
She was paid the money not to use the NAME. The restaurant’s name is Duke’s. It may be using the recipes which cannot be copyrighted. And it may be using equipment that was sold at the auction of Dominics which Anne gave up greedily- er- willingly so allow the restaurant to reopen and the people to get back to work and eating.By cole
May 16, 2009 7:13 AM | Link to this
the name on the sign is “Dukes”& if Duke Morris does’nt object why should any one else? Alot of trouble over a eatery that probably won’t make it anywayBy Mack
May 16, 2009 3:29 AM | Link to this
Talk about petty politics… High school mentality. Grow-up, or get out of our way!By ARose
May 16, 2009 1:50 AM | Link to this
As Shakespeare wrote, “A rose by any other name would smell as sweet.” Actually the Dominics name is not nearly as valuable as the taste!By Pharrell
May 16, 2009 12:48 AM | Link to this
Greed? Karma? Is everyone forgetting that the grandaughter pocketed nearly half a million dollars to give up the Dominic’s name? I’d have sued her and the restaurant too and I can’t believe none of you wouldn’t either. It doesn’t matter that she’s a blood relative or that we could use another successful business in West Carrollton. The legal system appears to be working in this instance and that’s great news.By Moved away
May 16, 2009 12:41 AM | Link to this
What some people fail to remember is that Ann gave money to Christi not to use Dominics name,she took the money and is now trying to use the name she agreed to not use.It does not matter that she is the granddaughter she agreed and took money not to use the name.By DUDE WITH SUM SENSE
May 15, 2009 11:54 PM | Link to this
Obviously the friends and employees of Dukes have posted most of these comments, given the intellectual content. Christie took about a 1/2 mil to give up her rights to all use of the dominic name. Evidently Christy didn’t value the name all that much huh? Grandma did the girl right and the judge ruled right. I don’t blame Reese for wanting to make a $ but once Grandma’s atty notified him of the details of the name buyout, Reese should have just apologized, played dumb and changed the name. Both Annie and Christy ran off the old customers on Main St with bad manners and messing with the recipies. I’m not a fan of either. Maybe Reese needs to ask his old man how to play poker. You gotta know when to hold em and when to fold em. You don’t bet the house when you ain’t even holding a pair.By Julia
May 15, 2009 11:46 PM | Link to this
Both Christie and Reece should be able to name and operate their new restaurant as they desire. Christie is a descendant of the Mantia family whose original recipes were used at Dominic’s and she should be entitled as well to use her family’s recipes in their new restaurant. I hope they are able to appeal their case and reopen soon!By linda lancione
May 15, 2009 10:50 PM | Link to this
about ann mantia. she stole and butchered my grangmother’s, dominic’s mother’s recipes. they are “family” recipes and by heritage they belong to christie. is ann going to sue all the mantia grandchildren?By Mike Black
May 15, 2009 10:28 PM | Link to this
this is yet another example of government getting involved for no reason. Mr. Powers has obviously invested alot of time, energy, and money to create jobs and provide the Dayton area with a great place to break a little bread. True entrepreneurship is being penalized! It is a sad time for the new employees and for the community in general.By Frylock
May 15, 2009 9:09 PM | Link to this
I hope Duke’s gets it overturned, reopens, and then sues Anne Matia for loss of income. I can’t wait for it to reopen myself, a group of friends and I are already planning to make it there for dinner, thanks to all the drama. Any press is good press!By FreedomWriter
May 15, 2009 8:52 PM | Link to this
I say isnt about time this thing gets back to being a family court dispute and not a public display of stupid-ism. I mean c`mon already, gees! Hell its a restaurant for pete sake. Just name it something else. How about the restaurant that DDN never let us forget about! Reputation is better that whats going on here anyways!By Wilma
May 15, 2009 7:57 PM | Link to this
Hey Anne, someday karma is going to bite you in the butt.By John
May 15, 2009 7:13 PM | Link to this
Because of greed, several people are now out of work. You happy now Anne? You have no business running a restaurant. You already ran a once great restaurant into the ground. Let Dukes be!!!By N Cochrane
May 15, 2009 6:38 PM | Link to this
I agree; greed is at work here. The elderly woman doesn’t want to do anything — and doesn’t want anyone else to. How about going to visit your husband and have a heart to heart, Mrs. M?By sandy
May 15, 2009 6:25 PM | Link to this
I think its nothing but greed on the part of Mantia’s widow.By Sandra Foote
May 15, 2009 6:23 PM | Link to this
I think its nothing but greed on the part of Mantia’s widow.By Stormin Norman
May 15, 2009 6:19 PM | Link to this
Once again folks with to much $$$ and free time! Cheeeez.By Elvis
May 15, 2009 6:08 PM | Link to this
Where am I gonna sing baby? Thank you, thank you very much. Come on ‘cilla were outta here!!By Julie
May 15, 2009 5:34 PM | Link to this
Oh good, another installment of “As Dayton Turns”. The plot is thickening!By Family Affair
May 15, 2009 5:23 PM | Link to this
Never anger anyone that marries into a family business/local dynasty…espiecially if they’re an idiot with narcissistic/sociopathic tendencies. Both parties to this cluster “flock” have points. I side with the grandaughter. My advice: You were paid $450,000.00 to get the hell out of the way. Lay low. Read this: “Ambition is a poor excuse for not having enough sense to be lazy”. If you haven’t “whizzed away” the money paid to you, be lazy, go to “parade rest”….and open up a restaurant with authentic Italian food flair. Make no mention, in any way shape or form, of Dominicks. You’ll be free to experience success….and we can continue supporting you. Think of the movie “Field of Dreams”. Build it…they will come. Maybe name it “Lasagna Dreams?” or “Lg’s” (sorry).By Theresa
May 15, 2009 5:23 PM | Link to this
Reece is just trying to open a restaurant with great food, empolyee 70+ people, contribute to WC and provide for his wife and 4 children. Let him be Annie!By Conway Twitty
May 15, 2009 4:58 PM | Link to this
The issue isn’t that the granddaughter should be able to use the name, but that she previously accepted a 3-figure settlement not to use it. I agree that this case has been blown completely out of proportion.By jp
May 15, 2009 4:56 PM | Link to this
And the never-ending story continues.By Jenny
May 15, 2009 4:52 PM | Link to this
I find it hard to believe a court would close down a business in this economy… why not order some of the gross sales held while the case is pending…or some other restriction, but forced closure seems extreme..By Linda
May 15, 2009 4:49 PM | Link to this
The Granddaughter has every right to use the name, it is the family business, family name not the widows. Both could have good restaurants and employee folks and make money. I am sure most of Dayton missed Dominick’s and Duke’s Golden ox.