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Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > May
May 2009
McCormick & Schmick’s CFO ‘ceased to be employed’ by chain
The chief financial officer for Portland, Oregon-based McCormick & Schmick’s chain, which operates a restaurant at The Greene in Beavercreek, “ceased to be employed” by the company as of May 21, according to this story from the Nation’s Restaurant News.
No explanation was given for the departure of CFO Emanuel Hilario, the NRN story said, although the food-service publication noted the chain struggled during the first quarter of 2009.
On the other hand, I know of precious few restaurant owners and managers who would like to repeat the first quarter of 2009, do you?
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TweetDuke’s had chance to reopen if it stopped serving Italian, attorney says
The attorney for former Dominic’s Restaurant owner Anne B. Mantia suggested in a court filing Wednesday that Duke’s restaurant in West Carrollton could have reopened by now if its owner had agreed to cease serving Italian food, including a garlic house salad dressing similar to one served at the former Dominic’s.
Meanwhile, the attorneys for Duke’s owner Reece Powers III also filed documents in the federal trademark-infringement court case Wednesday, suggesting they’re preparing to mount a vigorous defense that Duke’s food and recipes — including those inspired by dishes once served at Dominic’s — should be allowed to be served at the restaurant.
In his filing on behalf of Mantia, James M. Morris said he and Mantia “have expressly offered, in open court, to allow the Powers defendants to open a restaurant at 630 E. Dixie Drive in West Carrollton so long as (they) agreed not to serve any Italian food and refrained from using a garlic house dressing.
“Moreover, plaintiffs offered to allow defendants to donate any food claimed to be spoiling or otherwise harming the Powers defendants’ business interests to charity, with a dollar-for-dollar reduction in any plaintiffs’ recovery in this matter, so as to assure that the foods are not wasted, that the restaurant employees could return to work, and the defendants could operate a successful business operation.
“The Powers defendants elected to reject plaintiffs’ offers, preferring to keep the restaurant closed,” the court filing said.
In a motion unrelated to Morris’ filing, attorneys Steven Dankof Sr. and Thomas Intili, who began representing Powers last week, asks U.S. District Court Judge Thomas Rose to allow them to amend a legal response to the initial lawsuit that had been filed by Powers’ previous legal teams.
In arguing for the right to reconfigure Powers’ defense against the lawsuit, the attorneys suggested Powers and the other defendants have done nothing wrong, although Judge Rose has found enough evidence to approve a temporary restraining order and to order the restaurant closed pending the outcome of the case.
“For example, although it might not be lawful for the Duke’s Restaurant defendants to open a new restaurant in the Dayton area and call it “Dominic’s,” the ‘fair-use’ doctrine would permit the Duke’s Restaurant defendants to inform the media and the public that they had hired a former Dominic’s restaurant chef of 25 years, if that were in fact true,” the attorneys wrote.
“Moreover, the Duke’s Restaurant defendants would be free under the ‘fair-use’ doctrine to inform the media and the public that recipes used or developed at the former Dominic’s restaurant were being used at their new restaurant, unless those recipes constituted ‘trade secrets’ as defined in Ohio’s Uniform Trade Secrets Act.”
Anne Mantia filed the federal trademark-infringement and breach-of-contract lawsuit on April 3, about three weeks after her stepdaughter Christie Mantia — granddaughter of Dominic’s founder Dominic Mantia and Anne’s stepdaughter — told the Dayton Daily News she was going to manage a restaurant owned by Powers that would serve some of the “original recipes” from Dominic’s. Christie Mantia had accepted a $460,000 buyout from Anne Mantia for her half-ownership of Dominic’s, and the buyout agreement required Christie to refrain from using the Dominic’s name and trademark.
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TweetFour local pizza restaurants close abruptly
This story was updated with comments from a CiCi’s Pizza Restaurants spokesman at 3 p.m. Thursday, May 28.
Sign greeting customers of the CiCi’s Pizza in Kettering Wednesday night
The four Dayton-area CiCi’s Pizza restaurants closed abruptly on Wednesday, May 27.
A sign on the door of the CiCi’s at 3050 S. Dixie Drive in Kettering told disappointed customers, “We are no longer open for business. Please try one of our Cincinnati or Springfield locations.” Calls to the other three local Cici’s — in Huber Heights, Beavercreek and the Sugarcreek Twp.-Centerville area — went unanswered Wednesday. Customers of the Kettering store who encountered the “closed” sign Wednesday night said the restaurant had been open the previous day.
Kyle Smith, vice president of operations for the Coppell, Texas-based CiCi’s restaurant chain, sent the following email Thursday afternoon, May 28:
“We understand the impact store closings have on employees in the Dayton community. Unfortunately, this is a result of the current economic crisis affecting consumers and restaurants in Dayton & across the country. The closed restaurants were franchised stores and the decision to close was not anticipated by CiCi’s Corporate. The employees will be personally contacted and will be hand-delivered their payroll check for all hours worked. CiCi’s will also be presenting other job opportunities at CiCi’s restaurants in nearby Columbus and Cincinnati. We are committed to the Dayton Market and are already actively looking for a way to resume operations as quickly as possible. We appreciate the many loyal guests who have supported CiCi’s and look forward to once again serving guests very soon.
Less then three months ago, the three CiCi’s Pizza restaurants in Butler County — in Hamilton, Fairfield and West Chester — closed. The restaurants were operated by a franchise owner.
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TweetCoco’s Bistro preparing to move to new location
Coco’s Bistro will move from 515 Wayne Ave. to a new location in the 200 block of Warren Street near Brown Street, co-owner Karen Wick said this morning, May 26.
Wick and her husband and Coco’s co-owner Jim Gagnet have purchased three buildings at 234, 236 and 238 Warren St. and have begun renovations, Wick said. The soonest any move could happen would be four or five months, but Wick said the process may take longer and will occur only after the existing Coco’s is sold. She said she is looking for the right buyer who will continue to operate a restaurant from the Wayne Avenue location.
The new restaurant will not expand by much — the existing Coco’s seats 80 to 90 diners, and the new restaurant will serve 90 to 100 — but it will have a private dining area that can be used for receptions and special dinners that will seat an additional 80 people, as well as about 120 dedicated parking spaces, up from about 40 now, Wick said. In addition, the new Coco’s have a larger bar with its own menu that will stay open later than the restaurant, Wick said. The lack of a private dining area, parking and a separate bar are weaknesses of the current location, she said.
In addition to the restaurant and bar, Coco’s will open a free-standing drive-through coffee shop and take-out facility to be called Hector’s Bodega, named after the couple’s 11-year-old son. Wick and Gagnet are still working on the take-out facility’s menu, but it will likely offer coffee, pastries, gourmet pizza, rotisserie meats and salads, Wick said.
The 234 Warren St. building housed M.D. Larkin. The new Coco’s will be located across the street and caddy-corner from Benham’s Catering and Restaurant, 209 Warren St., in a corridor that acts as a “main gateway” between downtown Dayton and Miami Valley Hospital and the University of Dayton, Wick said.
“I think it will open the doors to more development in the area,” Wick said. “It’s exciting.”
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TweetVisitation for Jay Haverstick to be held in his restaurant
Here’s a copy of a story scheduled to be published in tomorrow’s (5-24-09) Dayton Daily News:
By Mark Fisher and Kim Margolis
Staff Writers
The funeral visitation for Jay Haverstick will be held Wednesday at the restaurant that bears his name, his family said Saturday, May 23.
“I wanted my dad to be in his restaurant one more time,” said Amy Haverstick, Jay’s daughter. “People knew my father because of his restaurant. I think people will feel more relaxed here, and we want to make this a celebration of his life.”
Mr. Haverstick, 69, was found dead Wednesday, May 20, in Death Valley National Park, California, after he failed to return from an early-morning photo shoot the previous day, May 19. His body was found in the “Sand Dunes” region in the central part of the park, about 1 1/2 miles from his car and 1/2 mile from a park ranger station.
Jeff Mullenhour, deputy coroner investigator for the Inyo County Coroner’s office, said Saturday that an autopsy showed Mr. Haverstick “collapsed and passed away in the desert as a result of the temperature and his existing medical conditions.” Mr. Haverstick had a history of heart problems and had had bypass surgery.
Visitation for the public will be held from 5 p.m. to 9 p.m. Wednesday, May 27 at Jay’s Restaurant, 225 E. Sixth St. in Dayton’s Oregon Historic District. Visitation for employees and past employees of Jay’s Restaurant will be held from 1 p.m. to 3 p.m. earlier Wednesday. The funeral, for family members and close friends, will be held at 11 a.m. Thursday at Woodland Cemetery, according to Amy Haverstick.
Amy Haverstick made clear Saturday that the restaurant will continue despite its founder’s passing. Amy, 34, spent several years working for the Columbus-based Cameron Mitchell restaurant chain before returning to Dayton in 2002 to work alongside her father. She is co-owner of Jay’s and has taken a more active role in managing the restaurant in recent years.
“This restaurant was my father’s baby, and now it’s my baby,” she said.
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TweetWiener wars: Ball Park franks sues Oscar Mayer over taste-test claim
That darn small type.
Sara Lee, maker of Ball Park franks, has filed a false-advertising lawsuit against Kraft Foods, parent company of Oscar Mayer, over its “national taste test” advertising claims, according to this story at ChicagoTribune.com.
You’ve gotta love that Tribune story’s lede: “The buns came off in a battle between the nation’s two biggest hot dog-makers …”
Let’s call it, simply, a dog fight.
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TweetJay’s reopens amid flood of condolence calls
Here’s a copy of a story scheduled to run in Friday’s Dayton Daily News.
Death Valley National Park in the spring can lull hikers and visitors into a false sense of security with moderate early-morning temperatures that can later turn deadly, according to park spokesman Terry Baldino.
“We have had a lot of heat-related deaths in the park over the years — usually at least one a year, sometimes two or three a year,” Baldino said. “The early-morning hours this time of year can be comfortable, probably in the low ’80s, but it doesn’t take long after the sun comes up before the temperature rises quickly.”
Jay’s Seafood Restaurant founder Jay Haverstick, who was visiting Death Valley National Park in part to take photographs of its stunning sand dunes, was found dead Wednesday, May 20, in the central part of the park. He had been reported missing by a former college buddy the previous day after he failed to return from an early-morning photo shoot. His body was found 11/2 miles from his car and half a mile from a ranger station, Baldino said.
The Inyo County coroner will perform an autopsy today, a coroner’s office spokesman said Thursday, May 21. Mr. Haverstick, who was 69, had a history of heart problems, and had had bypass surgery. The temperature in the park reached 112 degrees on Tuesday, the day he was reported missing.
Mr. Haverstick’s wife Idy and daughter Amy were scheduled to return to Dayton from California late Thursday night.
Meanwhile, Jay’s reopened at 5 p.m. Thursday after being closed on Wednesday. The restaurant received a steady stream of calls on Thursday, many from patrons who wanted to share special memories of Mr. Haverstick and of Jay’s, said Joe Daniel, the restaurant’s sommelier.
Some callers had proposed at Jay’s or celebrated anniversaries and other special occasions there and had been touched by Mr. Haverstick’s hospitality. Several former employees also called to express condolences.
Shortly before 5 p.m., the reservation book remained relatively quiet, “but I anticipate we’ll get a lot of walk-ins,” Daniel said.
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TweetJudge won’t budge, tells Duke’s owners they’re to blame for forced closure
A judge has denied a request by the attorney for Duke’s Restaurant owner Reece Powers III to overturn his order forcing Duke’s to close pending the outcome of a federal lawsuit.
U.S. District Court Judge Thomas M. Rose said while he is “deeply concerned about closing the restaurant and the associated loss of jobs and spoilage of food, it is the defendants’ actions and not those of the Court that resulted in the closing.”
Rose rejected the arguments of attorney Dennis Lieberman — who represented Powers and Duke’s chef and former Dominic’s Restaurant chef Harry Lee until Thursday afternoon when Powers hired another set of attorneys, at least Powers’ third change of lawyers during the case — that the judge erred and overstepped his authority in ordering the restaurant to close while the case was being resolved. Rose had ruled Powers and Lee violated the temporary restraining order he issued barring them from capitalizing on the name and reputation of Dominic’s in opening and operating the restaurant now called Duke’s in West Carrollton.
The restaurant had 55 to 70 employees when it suspended operations last Friday, May 15. The trademark-infringement and breach of contract lawsuit was brought by Anne B. Mantia, who owned Dominic’s before it closed in 2007.
In his ruling filed Wednesday, May 20, Rose also rejected an attempt by Anne Mantia’s attorney, James Morris, to seek an immediate multi-million-dollar judgment against Powers and Lee because they missed a deadline to file a legal response to the initial lawsuit.
On Thursday, May 21, Rose postponed a hearing he had scheduled for Friday at the request of Powers and Lee, who said their new attorneys — Steven Dankof Sr. and Thomas Intili — need more time to prepare for the hearing for a preliminary injunction that could mark an intermediate step toward a final judgment in the case.
To view earlier stories about the lawsuit that led to the forced closure of the restaurant, see “Duke’s closes, but seeks to overturn judge’s order”> and “Judge denies former Dominic’s owner request for immediate multi-million-dollar judgment”.
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TweetFellow restaurateurs mourn the death of Jay’s Restaurant founder Jay Haverstick
Here’s a copy of a story scheduled to be published in Thursday’s Dayton Daily News:
At a luncheon in February 2006 celebrating Jay’s Restaurant’s 30th anniversary, founder Jay Haverstick reminisced about his days managing the old Yankee Tavern near Centerville back in the mid-1970s, when he first began scouting out the property in downtown Dayton’s shadow that he would turn into his namesake restaurant.
“I would come down here to walk around, and I saw a lot of very interesting people,” Mr. Haverstick said. “They didn’t dress like I did. They sure didn’t drink what I drank. Some of them didn’t have homes to go home to.”
His customers at the suburban Yankee Tavern “told me I was crazy” for relocating to the city’s core, Mr. Haverstick said. And there were times when he wondered whether the doubters had been right. “They told me if you build it they will come, but there were a few days when I thought to myself, when the heck are they going to get here?”
The restaurant erupted in laughter, and Mr. Haverstick grinned broadly. In fact, the customers did come, and Jay’s evolved into one of Dayton’s premier restaurants and an anchor in the Oregon Historic District.
The news that Mr. Haverstick was found dead Wednesday, May 20, in Death Valley National Park, where he was taking photographs, left the Miami Valley’s restaurant and wine community, and his many other friends and acquaintances, stunned.
“Jay was an important part of the fabric of the restaurant community in Dayton,” said David Hulme, owner of the Pine Club restaurant who has known Mr. Haverstick for four decades and attended Jay’s Restaurant’s opening night in 1976.
“He was a passionate guy — Jay was not one to hold back his opinion — and he was always an outspoken proponent for the community and for the restaurant owners,” Hulme said. “I was always impressed by his commitment to the community.”
Every holiday season for the last several years, Mr. Haverstick has opened the doors of his restaurant to the homeless or economically disadvantaged and serve a free dinner of fried chicken, ham, mashed potatos and green beans. A local church helped collect donated clothes and toys to be handed out at the dinner. Last Christmas, nearly 500 people attended, according to Jay’s Restaurant sommelier and long-time employee Joe Daniel.
Oakwood Club restaurant owner Lance Stewart said Mr. Haverstick was “someone we could all look up to as restaurateurs.”
Stewart recalled when his father died suddenly 18 years ago, he was thrust into the unfamiliar role of sole ownership of the Oakwood Club.
“Jay Haverstick was the first person to come to me and offer his help,” Stewart said. “I will always remember that.”
Josef Reif, owner of l’Auberge, said Mr. Haverstick, wife Idy and daughter Amy Haverstick came in for dinner at his Kettering restaurant last week, shortly after Mr. Haverstick’s 69th birthday on May 8. The longtime friends have cultivated a tradition of having dinner in each other’s restaurant around their birthdays, Reif said.
“He was proud of Dayton, and he loved Dayton,” Reif said. “He was always there, always helping his employees and friends. And he was always dedicated to his restaurant, seven days a week.
“We always chatted about wine and food, and he was passionate about both. It was a great friendship.”
Mr. Haverstick apparently was making new friends a week before he died. David Vasconez of Oakwood said on Wednesday that he sat in front of Mr. Haverstick on a Dayton-to-Chicago flight May 12 and listened to him talk about his excitement around his upcoming trip with an old college buddy. He said he introduced himself to Mr. Haverstick, and the two discussed the best way to cook swordfish.
After he read the stories on daytondailynews.com Wednesday about Mr. Haverstick first reported missing and later being found deceased, “I was floored. Vasconez said. “I just got chills.”
The restaurant was closed Wednesday but is expected to reopen at 5 p.m. Thursday.
Mr. Haverstick is survived by his wife Idy; brothers Ned and Kim, both of Dayton; daughter Amy Haverstick; and son Joseph and daughter-in-law Rebecca Haverstick of suburban Cleveland, and two grandchildren.
Funeral arrangement are pending.
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TweetJay’s restaurant owner Jay Haverstick found dead in Death Valley
NOTE: This story was updated at 6:50 p.m. Wednesday, May 20.
Jay’s Restaurant founder Jay Haverstick was found dead Wednesday, May 20, in Death Valley National Park, 1 1/2 miles from his car and 1/2 mile from a ranger station, according to park spokesman Terry Baldino.
Mr. Haverstick was visiting the park with a college friend, but he went out alone at about 6:30 a.m. Tuesday, May 19, apparently to shoot photographs of the large sand dunes near the park’s center in the morning light.
It is not clear when or how Mr. Haverstick died, Baldino said. The Inyo County Coroner will perform an autopsy.
The park spokesman said it appeared Mr. Haverstick was headed toward the ranger station, since the station was visible from where his body was found, but his car was not. Temperatures on Tuesday reached 112 degrees, and it was a windy day with blowing sand, Baldino said.
Park employees and other rescue personnel, aided by a California Highway Patrol helicopter, searched for Mr. Haverstick Tuesday afternoon and resumed the search Wednesday morning, Baldino said. His body was found at about 12:45 p.m. Ohio time.
Mr. Haverstick, 69, was an avid photographer and specialized in outdoor photography. In recent years, he published a calendar spotlighting his shots and made the calendars available to guests at his namesake restaurant at 225 E. Sixth St. in Dayton’s Oregon Historic District. In fact, the cover of the 2009 calendar is a photo of the sand dunes in Death Valley, taken in early morning light.
Mr. Haverstick’s wife, Idy, and his daughter, Amy, flew to Death Valley National Park Wednesday morning.
David Vasconez of Oakwood said on Wednesday that he sat in front of Mr. Haverstick on a Dayton-to-Chicago flight last week and listened to him talk about his excitement of his upcoming trip with an old college buddy. He said he introduced himself to Mr. Haverstick and talked about the best way to cook swordfish.
“I was floored. I just got chills,” said Vasconez, after he read the stories online Wednesday about Mr. Haverstick first reported missing and later being found deceased.
Jay’s restaurant was closed Wednesday night but is expected to reopen at 5 p.m. Thursday.
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TweetFree kids’ sundae bar tonight at Tim Horton’s/Cold Stone
Looks like a decent little restaurant promotion/giveaway from 6 p.m. to 8 p.m. tonight in Xenia. Here’s a copy of the news release sent to the Dayton Daily News:
WHO: Tim Hortons & Cold Stone Creamery
WHAT: Grand Opening Event
WHERE: 38 N. Orange Street
WHEN: Wednesday, May 20 from 6:00 PM to 8:00 PM
WHY: For and good cause and get FREE goodies!
FREE make your own sundae bar for kids 12 and under
10% of all ice cream purchases will benefit the Make-A-Wish Foundation of Greater Ohio, Kentucky & Indiana
First 50 customers will receive a FREE Gift Bag full of Tim Hortons & Cold Stone Goodies
Everyone will be eligible to win FREE Like-it creation certificates
Everyone can sample FREE signature creations, signature cakes and smoothies
Tim Hortons and Cold Stone Creamery to Donate Proceeds from Grand Opening to Make-A-Wish Foundation
May 20, 2009- Xenia OH - Tim Hortons is pleased to welcome Cold Stone Creamery, America’s new favorite ice cream destination, to its 38 N. Orange Street location. To celebrate the opening, Tim Hortons and Cold Stone Creamery are joining efforts with the Make-A-Wish® Foundation of Greater Ohio, Kentucky & Indiana to help grant the wishes of children with life-threatening illnesses. The celebration will provide the foundation with funding to help make a child’s most heartfelt wish a reality.
The community is invited to join the grand opening wish celebration on Wednesday, May 20 from 6:00 PM to 8:00 PM where there will be a FREE make your own sundae bar for kids 12 and under, the first 50 customers will receive a FREE Gift Bag full of Tim Hortons & Cold Stone Goodies as well as FREE samples of signature creations, signature cakes and smoothies. Also, everyone is eligible to win FREE Like-It Creation certificates! During the Grand Opening Week of May 20 to May 27, 5% of all ice cream purchases will benefit the local Make-A-Wish Chapter.
“Cold Stone Creamery has a long-standing relationship with the Make-A-Wish Foundation. Tim Hortons and Cold Stone Creamery support and value the same thing, which includes family, children, and lots of smiles,” says David Cropper, Tim Hortons store owner. “I can’t think of a better partnership than celebrating life with sweets, treats and wishes.”
The new store will offer Tim Hortons menu items including, Always Fresh coffee, fresh baked goods, flavored cappuccinos, specialty teas, home-style soups and fresh sandwiches along with Cold Stone Creamery’s super-premium ice cream, cakes, shakes and smoothies. Customers can enjoy the complementary menus, variety and convenience.
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TweetJudge denies former Dominic’s owner request for immediate multi-million-dollar judgment
NOTE: This entry was updated at 7 p.m. Tuesday, May 19.
A federal judge today, May 19, initially denied a request from the attorney for former Dominic’s owner Anne B. Mantia to award Mantia a multi-million-dollar judgment against Duke’s restaurant owner Reece Powers III, the restaurant’s chef Harry Lee, and the corporation Powers set up under the name “Dominic’s Restaurant Inc.”
Attorney James Morris claimed in documents filed in U.S. District Court earlier this morning that Powers and Lee defaulted by not filing a formal response to the initial lawsuit by the deadline of Monday, May 1, and he asks U.S. District Court Judge Thomas M. Rose for a “default judgment” against the defendants “with damages set at $2 million on each count,” plus attorneys’ fees. There are 10 counts to the original lawsuit filed on April 3. However, at least three of the counts appear to pertain only to the actions of co-defendant Christie Mantia, the granddaughter of Dominic’s founder Dominic Mantia, who has different legal representation and did file a formal response to the lawsuit, and is not named in Morris’ default-judgment claim.
Judge Rose overruled Morris’ motion but indicated in a court docket entry that he may revisit the decision.
Dennis Lieberman — who began representing Powers and Lee within the last two weeks and is at least the third attorney to do so since the lawsuit was filed — filed a formal response to the lawsuit late today. In it, Lieberman wrote that Powers took steps on Monday, May 19 to dissolve the corporation he had named Dominic’s Restaurant Inc. Powers has said Duke’s restaurant in West Carrollton is operating under another corporation entitled Shirley’s Village Inn LLC.
Lieberman also has requested that Rose reconsider his decision last week ordering Duke’s to close pending the outcome of the trademark-infringement and breach-of-contract lawsuit. Rose heard testimony on that subject today but has not yet ruled.
Both Lieberman and Nicholas Subashi, attorney for Christie Mantia who filed a legal response to the lawsuit on Monday, have requested a jury trial.
For background on the case, see Friday’s entry entitled “Duke’s closes, but seeks to overturn judge’s order”.
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TweetDuke’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.
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TweetAttorney asks judge to force shutdown of Duke’s restaurant
The attorney for former Dominic’s restaurant owner Anne B. Mantia has asked a federal judge to force the closure of Duke’s in West Carrollton after the restaurant remained open for dinner Thursday night, May 14, and for lunch today, May 15, despite a court order filed earlier Thursday afternoon mandating the restaurant close pending the outcome of a federal lawsuit.
A woman who answered the phone at the restaurant late this morning, May 15, said Duke’s is open for lunch its normal hours of 11 a.m. to 2:30 p.m. today.
In his motion, attorney James Morris of Lexington, Ky. noted that an order filed by U.S. District Court Judge Thomas Rose at mid-afternoon Thursday ordered Duke’s owner Reece Powers III and chef Harry Lee and their employees to “immediately cease and desist from the operations of the restaurant at 630 E. Dixie Drive in West Carrollton” — Duke’s address.
A message left for Dennis Lieberman, attorney for Powers and Lee, was not immediately returned.
“The defendants’ ongoing refusal to comply with this court’s orders and mandates require 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.
Rose’s Thursday order held Powers and Lee in civil contempt of court but stopped short of holding them in criminal contempt of court. A hearing on the trademark-infringement lawsuit filed by Mantia against Powers, Lee and her stepdaughter, Christie Mantia, is scheduled for June 8.
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TweetWhere can you find the finest wine-dinners-and-tastings list in all the land?
Usually, you can find the nation’s best wine tastings and events list every Friday on Uncorked, but today, we do a little cross-posting because so many local restaurants are getting involved with wine and offering special events and, well, because we CAN.
Pacchia joins the tidal wave that is the Dayton-area wine-tasting scene this weekend with a Sunday gig, Arrow Wine & Spirits Far Hills welcomes Warren County’s Valley Vineyards for its Saturday tasting, and Tina Nixon from Meranda-Nixon winery near Ripley, Ohio will be pouring Thursday of next week at Arrow Centerville (and her husband tonight at Little Sonoma). Those are just a few of the tasty nuggets you’ll glean as you feast your wine-savvy eyes on the best darn wine-tasting list in the land, which comes to Uncorked courtesy of the heroic efforts of the Dayton-based wine listserv that compiles it. Are we blessed or what?
One worthy event that didn’t make the list but which you need to know about: Mamma DiSalvo’s, 1375 E. Stroop Rd. in Kettering, will host a wine dinner on Thursday, May 21 at 6:30 pm … Bobby from Mamma DiSalvo’s will be serving Osso Bucco, and wine importer-distributor extraoardinaire Ardie Bonnano will be pouring four Italian wines. Call the restaurant for more details, 937-299-5831.
And one other question: Is there really an “Old Fart” wine and a “Sweaty Betty” beer? The things you learn from this wine-tasting list … Click on “continue reading” if the tastings and events list does not appear immediately below. And Cheers!
Jay’s Kitchen Door
Friday, May 15, 2009 4-8 pm
2006 J. Drouhin Chablis,
2005 E. Guigal Cote du Rhone,
2003 Castiglion Del Bosco Brunello,
2005 La Spinetta Pin,
2005 Titus Cabernet Sauvignon.
Saturday, May 16, 2009 1-6 pm
2003 Les Arumes De La Grange White,
2007 Ken Wright McCrone Pinot Noir,
2003 E. Guigal Chateaunuf du Pape,
2006 Beringer P.R. Cabernet.
Arrow Far Hills - Kettering
Saturday, May 16, 2009, 11 - 4 pm
Valley Vineyards Tasting with Joe Schuchter
Cabernet Franc,
Chardonnay,
Vidal Blanc,
De Chaunac,
Pink Catawba,
Honey Mead,
Ice Wine
Dorothy Lane Market (DLM) Oakwood
Friday, May 15, 2009, 5:00-8:00 pm
Ceja ’05 White,
Orin Swift ’08 Valadora Sauvignon Blanc,
Mas Belles Eaux Les Coteaux ‘05,
Ciacci Piccolomini di Aragona ’04 Rosso di Montalcino,
3 Doves ’05 Merlot,
Newton ’06 Claret,
Brown Bag
Saturday, May 16, 2009 2-6 pm
Austin Hope ’05 Roussanne,
Gosset Brabant Brut Champagne,
Ancien ’07 Carneros Pinot Noir,
Pine Ridge ’05 Crimson Creek Merlot,
Remirz de Ganuza ’02 Rioja,
Audelssa ’06 Cabernet,
Bonus Bottle
DLM Washington Square
Thursday, May 14, 2009 5-8 pm
2007 Geil Riesling Trocken,
2005 Bruno Giacosa Nebbiolo,
2005 Chateau la Perriere Bordeaux,
2005 Bridesmaid Red Wine,
2002 Ramirez de Ganuza,
Encore Wine!
Saturday, May 16, 2009 12-5 pm
2007 Cuvaison Chardonnay,
2008 Joel Gott Riesling,
2006 Merry Edwards Pinot Noir,
2006 Pride Merlot,
2006 Buccella Cabernet Sauvignon,
Encore Wine!
Dorothy Lane Springboro
Friday, May 15, 2009, 3:00-7:00 pm
Bogle Riesling 2007,
Carol Shelton Monga Zinfandel 2006,
Bridesmaid Red 2005 ,
Angelique de Monbousquet 2005,
Remirez de Ganuza Rioja 2002,
Mystery Wine
Saturday, May 16, 2009 12-6 pm
Jean Milan Terre de Noel Champagne 2002,
Kings Ridge Pinot Gris 2007,
Louis Jadot Chambolle-Musigny 2005,
Carol Shelton Rocky Reserve Zinfandel 2006,
Mas Belles Eaux Les Coteau Languedoc 2005,
Chateau Fombrauge St Emilion 2005.
Cuvee Wine Bar and Cellar, 4457 State Route 725 Bellbrook 848-2161
New times starting May 12, 2009! Tuesday - Thursday, Saturday noon - 7:30 pm, Friday noon - 8 pm www.cuveewinebar.net
Wines for Friday, May 15 - May 21, 2008
Clean Slate 2007 Riesling,
St. Gregory Pinot Meunier,
Finca el Reposo 2006 Malbec,
Carol Shelton 2005 Karma Zin,
Carol Shelton 2005 Maple Zin.
Beer: Unibroue Chambly Noire
Food: Quiche Surprise!
Wednesday Night, May 20 Seafood Salad
Focused Tastings Beginning June 2, 5-7 pm
5 wines of a varietal each week!
Arrow Centerville
Friday, May 15, 2008 Beer Tasting 5-7 pm.
Boulder Beer Company Sweaty Betty Blonde Ale,
Boulder Beer Company Mojo IPA,
Boulder Beer Company Hazed & Infused Ale,
Boulder Beer Company Mojo Risin Dbl IP, .
Boulder Beer Company Flashback Anniversary Ale.
Saturday May 16, 2009 11 am - 5pm Wine Tasting!
2007 Robert Mondavi Napa Valley Fume Blanc, 2008 Cliffe Lede Napa Valley Sauvignon Blanc, 2007 Alamos Malbec, 2005 Sterling Vineyards Napa Valley SVR, 2005 Kamen Sonoma Valley Cabernet Sauvignon, 2008 Del Rio Oregon Rose Jolee
Thursday, May 21, 2009 5-7 pm
Meet Tina Nixon, owner of Meranda-Nixon Winery, one of Ohio’s finest producers!
2008 Chardonnay Estate Reserve,
2008 Traminette,
2008 Catawba Eatate,
2007 Cabernet Sauvignon Estate Reserve,
2007 Chambourcin,
2008 Red Oak Creek.
Rue Dumaine www.ruedumainerestaurant.com
Tuesday, May 19, 2009 5-7 pm
DOMAINE NINOT Rully Blanc, 2007,
PHILIPPE CHAVY Bourgogne Chardonnay, 2006,
SCOTT PAUL Pinot Noir Cuvee Martha Pirrie, 2007.
The Wine Gallery and Cafe, Corner of 3rd and Wayne
Saturday, May 16, 2009 10-2 pm
Jeff’s Picks
The Wine Gallery Outlet, at the 2nd Street Farmers Market
Saturday, May 16, 2009 8am - 2pm
Value Wines Tasting
Wednesday, May 20, 2009 from 5:30 pm to 8:30 pm
Stonehenge 2006 Malbec,
Stonehenge 2005 Petite Syrah,
Stonehenge 2005 Cabernet,
Haywood Estates 2005 Rocky Terrace Sonoma Valley Zin,
Haywood Estates 2005 Morning Sun Sonoma Valley Zin.
Trader Joe’s in Kettering.
Tastings Thursday 6:00-8:00 and Sunday 4:00-7:00
Villa Cerrina Chardonnay-Pinot Grigio (2007) IGT Delle Venezie, Italy,
Picton Bay Sauvignon Blanc (2007) Marlboro, New Zealand, .
Archeo Nero d’Avola (2007) IGT Sicilia, Italy, .
Rendition Zinfandel (2007) AVA Alexander Valley, California.
A Taste of Wine 90 S. Main St Miamisburg, OH 937.247-1120 www.atasteofwine.org
This week’s wines:
Domaine des Dorices Muscadet,
Joseph Drouhin Chablis Domaine de Vaudon,
Segries Tavel Rose,
Joseph Drouhin Laforet Bourgogne Pinot Noir ,
Old Fart,
Chateau Roc de Candale.
May 14- WineKnow Class - RSVP by phone 247-1120
Bruning’s Wine Cellar
Saturday, May 16, 2008 1-4 PM
2007 Banfi Le Rime,
2006 Banfi Fumaio,
2007 Red Guitar Navarra,
2005 Frog’s Leap Merlot,
2005 Finca Flichman Paisaje de Tupungato.
Wednesday, May 20, 2009 5-8 PM Featuring wines of France and Italy
5th Street Wine and Deli
Saturday, May 16, 2009
Beer:
Boulder Brewing Sweaty Betty,
Southern Tier Mokah,
Oxford Organic Raspberry Wheat Ale,
Samuel Smiths Cherry,
Coney Island Albino Python.
Wine:
Washington Hills Late Harvest Riesling,
Toasted Head Chardonnay,
Onix Priorat,
Curious Beagle Cabernet,
Gundlach-Bundschu Pinot Noir.
The Culinary Company Cross Pointe Center
Saturday, May 16, 2009 12-6 pm Wines and Beers
Martin Codax Albarino,
Masocaneli Pinot Grigio,
Red Bicyclette French Rose,
McWilliams Cabernet Sauvignon.
Southampton Altbier (taste: $2.00),
Southampton Double White (taste: $2.00),
Southampton India Pale Ale.
Pacchia Wine Tasting
Sunday, May 17, 2009 5 - 7 p.m.
5 Wines Paired with 5 tems from the Summer Menu
Robert Mondavi Napa Fume Blanc,
Schloss Vallrads QBA,
Row Eleven Vinas 3 Pinot Noir,
Masi Modello Rosso,
Heron Cabernet Pope Valley.
Cork and Vine, York Commons Blvd
Valley of the Moon/Kenwood Winery Tasting Wednesday May 20th from 6-9pm
Bella Vino Wine Merchant & Bar, Springboro, OH 45066 937-748-3807
Thursday 6pm - 8pm and Saturday 12pm - 5pm
Vaca Chardonnay,
Windmill Petite Sirah,
Matchbox Tinto Rey,
Vaca Cabernet Sauvignon,
HARTWELL ESTATE “MISTE HILL” CABERNET SAUVIGNON BLEND STAGS LEAP DISTRICT, NAPA VALLEY.
Little Sonoma, 6078 West Chester Road, West Chester, OH 45069. 513-942-9463.
Located two blocks north of Union Centre Blvd. at the corner of Muhlhauser and West Chester Roads www.LittleSonomaWines.com
Friday, May 15, 2009 4:30-7:30 pm, Meranda-Nixon Wines, hosted by Winemaker, Seth Meranda
Saturday, May 16, 2009 3-6 pm, Meranda-Nixon Wines
Jungle Jim’s in Fairfield
RSVP 513 674 6008
Saturday, May 16, 2009 1 -3 pm $30
WINE TASTING - Jungle Jim’s Best Top Ten Wines
Permalink | Comments (1) | Post your comment | Categories: Local restaurant news
TweetJudge orders Duke’s restaurant to shut down
A federal judge this afternoon, May 14, ordered Duke’s restaurant in West Carrollton to shut down.
Judge Thomas M. Rose ruled that the restaurant’s owner, Reece Powers III, and its chef, Harry Lee, violated a temporary restraining order when they opened the restaurant on May 1.
Rose’s temporary order banned Powers and Lee from using the term “Dominic’s” in connection with the new restaurant.
“Powers, Lee and DRI were well aware of the controversy regarding the use of the name ‘Dominic’s,’ and yet ordered food and supplies using the ‘Dominic’s’ name, had their credit card machine set up using the ‘Dominic’s’ name, and incorporated in Ohio using the name ‘Dominic’s Restaurant Inc.’,” Rose’s ruling said.
“Although Powers states otherwise, there is evidence that, prior to issuance of the (temporary restraining order), Powers, Lee and DRI intended to open the restaurant under the name ‘Dominic’s’ or in close association with the name ‘Dominic’s,’” the judge said.
As a result, Rose said he “will draft new, broader injunctive relief in an attempt to ensure that Powers, Lee and DRI will not have the opportunity to infringe on the plaintiff’s rights in the future.” The request to shut down is a part of that broader relief, as Rose orders Lee, Powers and their employees “to immediately cease and desist from the operation of the restaurant at 630 E. Dixie Drive in West Carrollton, Ohio.”
The plaintiff in the case is Anne B. Mantia, who was the sole owner of Dominic’s Restaurant when it shut down after a 50-year run in 2007. Her lawsuit against Powers, Lee and her stepdaughter, Christie Mantia, led to the April 20 temporary restraining order. Christie Mantia is still a part of the lawsuit but was not a part of today’s ruling because she left the restaurant’s employment before it opened.
Dennis Lieberman, who represents Powers and Lee, declined immediate comment Thursday afternoon, saying he will consult with his clients.
James Morris, Anne Mantia’s attorney, said, “We are pleased that the Court recognized the seriousness of the defendants’ actions and that it has taken steps it deems appropriate to enforce its prior order.”
The next hearing in the case is scheduled for June 8, when the judge will be asked to take an intermediate step toward making the current temporary order a permanent one.
Permalink | | Categories: Local restaurant news
TweetBada BING: Sopranos backs boasts with bold flavors
Here’s a sneak peek at a restaurant review scheduled to run in tomorrow’s (5-15-09) Dayton Daily News Go! section.
KETTERING — It takes a bit of audacity — perhaps a smidgen of chutzpah — to declare that you’d like to open two more restaurants before you’ve served a single meal at your first.
But that’s exactly what Mark Powers did back in March as he was preparing to open Sopranos Eatery & Spirits, the new Italian restaurant on East Stroop Road that Powers owns with two partners. Powers — a nephew of Duke Morris of Duke’s Golden Ox restaurant fame, and the brother of Reece Powers III, owner of the newly opened Duke’s in West Carrollton — said at the time that he was contemplating opening two more Sopranos, one each in northern and southern Montgomery County.
So far, Powers and Sopranos are backing up those confident words. Sopranos opened strong in April and has attracted steady crowds by serving robustly flavored dishes that merit return visits.
The tone is set early during a dinner visit when both the olive oil and compound butter served with the bread basket (you may have to ask for the butter) are generously spiked with fresh garlic and herbs. For garlic lovers, it’s a palate pick-me-up.
The Caprese Salad ($7.50) layers fresh mozzarella with sliced Roma tomatoes and fresh basil topped with a generous drizzle of good-quality Balsamic vinegar and olive oil. It’s big enough to share, and while it’s a very appealing starter now, it will be even better in a couple months when more flavorful (and hopefully local) tomatoes become available.
The “Sopranos Choice Dinner Pasta” offers several options for both the pasta shape (spaghetti, fettucine, penne or angel hair) and sauces (marinara, meat sauce, Alfredo, garlic & oil, and Bolognese), and meats (meatballs, sausage and chicken). The tangy marinara sauce has an appealing red-pepper note, and the Italian sausage packs a spicy kick. Prices start at $9.95 for pasta with marinara sauce and no meat, while the intense, tart, spicy and addictive Bolognese pasta costs $13.95.
The Bone-In Pork Chop entree ($15.50) consists of two thick, meaty six-ounce chops that arrived cooked to order with perfect criss-cross grill marks — and yes, they’ll cook it medium for you. The dish is served with apple risotto, adding a contrasting sweet note to the plate.
Veal Marsala ($15.50) was a winning dish from the “Vitello” menu that also includes Veal Parmigana and Veal Franchese. The marsala features tender and lightly floured veal sauteed with mushrooms, garlic and wine served over fettucine.
Sopranos also makes excellent thin-crust pizza, which is a good lunchtime choice. A nine-inch pizza with one topping is $6.95, and will likely provide leftovers.
The restaurant has a pastry chef who prepares a cheesecake special and Italian dessert specialties. The turtle cheesecake with pecan topping ($5.50) was a show-stopper and deserves a permanent place on the menu. The red velvet cake is also well-made, but is for those who like icing.
The restaurant has a bit of a dual personality: the bar side of the eatery has high-top tables and multiple flat-screen televisions that offer a sports-bar (but not the Bada Bing) experience, while the quieter restaurant side has four booths and multiple tables with a view of a projection screen that cycles through beautiful slide photographs of Florence and other Italian cities.
Sopranos and its food clearly have a bit of an attitude — and they’re both worth checking out.
— WHERE: 1222 E. Stroop Road in Kettering
— HOURS: Sunday through Thursday, 11 a.m. to 10 p.m.; Friday and Saturday, 11 a.m. to 11 p.m. (bar stays open until 1 a.m. daily, and carryout is available)
— WHAT TO TRY: Caprese Salad ($7.50), Pasta with Marinara Sauce and Italian Sausage ($11.45), Bone-In Pork Chops ($15.50), Veal Marsala ($15.50), Turtle cheesecake with Pecan topping ($5)
— MORE INFO: (937) 298-2222
Permalink | Comments (1) | Post your comment | Categories: Restaurant reviews
TweetFeds declare Cheerios a drug
The Food and Drug Administration has told General Mills that if the company is going to tout its iconic cereal Cheerios as “proven to lower cholesterol,” it should be forced to gain approval of Cheerios as a drug, according to this FDA “warning letter” to General Mills CEO Ken Powell dated May 5.
And if it doesn’t, the FDA threatens to seize the cereal.
An FDA review of Cheerios’ labeling “found serious violations of the Federal Food, Drug, and Cosmetic Act” and suggests Cheerios could be considered an “unapproved new drug,” the warning letter says.
Here’s an excerpt from the warning letter:
Based on claims made on your product’s label, we have determined that your Cheerios Toasted Whole Grain Oat Cereal is promoted for conditions that cause it to be a drug because the product is intended for use in the prevention, mitigation, and treatment of disease. … These claims indicate that Cheerios is intended for use in lowering cholesterol … . Additionally, the claims indicate that Cheerios is intended for use in the treatment, mitigation, and prevention of coronary heart disease through, lowering total and “bad” (LDL) cholesterol.
… Failure to promptly correct the violations specified above may result in enforcement action without further notice. Enforcement action may include seizure of violative products and/or injunction against the manufacturers and distributors of violative products.
General Mills responded to the FDA letter with an online statement that noted its heart-health claim has been approved by the FDA for more than a decade. Here’s the cereal-maker’s statement:
Cheerios’ soluble fiber heart health claim has been FDA-approved for 12 years, and Cheerios’ “lower your cholesterol 4% in 6 weeks” message has been featured on the box for more than 2 years. The science is not in question. The scientific body of evidence supporting the heart health claim was the basis for FDA’s approval of the heart health claim, and the clinical study supporting Cheerios’ cholesterol-lowering benefit is very strong. The FDA is interested in how the Cheerios cholesterol-lowering information is presented on the Cheerios package and website. We look forward to discussing this with FDA and to reaching a resolution.
There are serious issues involved here, to be sure, but can you envision federal agents raiding a Cheerios plant and seizing boxes of cereal?
Your thoughts?
Permalink | Comments (126) | Post your comment | Categories: Food and health
TweetKettering restaurant opens with scaled-back hours
The new Sonic restaurant that we told you about last month in an entry entitled Kettering latest to feel the Sonic boom has indeed opened, although with one significant change: It is not open 24 hours as restaurant officials suggested a month ago it would be.
“We did scale back the hours,” Chris Heitz, district manager for Houchens Industries, said in an email. Bowling Green, KY-based Houchens is the franchisee that is more than halfway toward its goal of putting up 29 Sonic Drive-In restaurants in the Dayton area. Next up is Sidney, followed by Huber Heights (7888 Brandt Pike).
The new Kettering Sonic, located at 2890 Wilmington Pike, just north of East Dorothy Lane at the site of a former White Castle restaurant, is open until 2 a.m. on Fridays and Saturdays, and until midnight the rest of the week, Heitz said. A ribbon-cutting ceremony with city officials is scheduled for May 20, he said.
The email didn’t explain the late change of heart from the initial promise of a 24/7 restaurant, but I’d have to think a bit of sanity prevailed. How much sales would the restaurant have in the middle of the night? And would you want to wait on the kinds of customers who would come careening in at 3 a.m. on a Friday and Saturday?
The Kettering Sonic’s phone number is (937) 938-9900.
Permalink | Comments (15) | Post your comment | Categories: Restaurant openings
TweetDuke’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
TweetRestaurant settles on a name — and it’s not ‘Dominic’s’
The new and formerly unnamed West Carrollton restaurant at the center of a federal lawsuit over the use of former Dominic’s name has settled on a name that honors the owner’s restaurant heritage: Duke’s.
Duke’s is owned by Reece Powers III, a nephew of Duke Morris, the owner of Duke’s Golden Ox and Spaghetti House restaurant, which closed in 2004 after a 34-year run on South Main Street near by Montgomery County Fairgrounds.
The new Duke’s opened Friday, May 1, at 630 E. Dixie Drive in West Carrollton. But it was initially unnamed in part because of a federal trademark-infringement lawsuit filed by Anne Mantia, the former owner of Dominic’s Restaurant, against Christie Mantia, the granddaughter of restaurant founder Dominic Mantia and Anne Mantia’s stepdaughter who has said she is general manager of the new restaurant. Powers and Duke’s chef Harry Lee are also named as defendants in the lawsuit.
Anne Mantia, who has been granted a temporary restraining order prohibiting her stepdaughter from using the “Dominic’s” name in connection with the new restaurant, has asked a federal judge to seize the gross receipts of the restaurant’s first days of operation and to prohibit Christie Mantia, Powers and Lee from operating the restaurant. A hearing is scheduled for Monday, May 11.
Powers said the new restaurant’s name is a tribute to his uncle’s eatery, where his mother worked as a waitress and Powers cooked and his siblings worked for several years.
Duke’s is open from 11 a.m. to 10 p.m. Sunday through Thursday and 11 a.m. to midnight on Fridays and Saturdays. The phone number is (937) 866-1111.
Permalink | Comments (53) | Categories: Local restaurant news, Restaurant openings
TweetDowntown Dayton restaurant owner sues landlord over forced closing
Sign on the door of the Terra Cotta Cafe, 46 W. Fifth St. in Dayton
The owner of the Terra Cotta Cafe at 46 W. Fifth St. in downtown Dayton has sued her landlord, claiming she was locked out of her leased restaurant.
Sharon Devaney, the cafe’s owner, is asking a judge to order Jeffrey Wray and Ludlow Place LLC to allow her access to the restaurant so she can retrieve restaurant furnishings, equipment and other property that she owns valued at more than $25,000. The lawsuit was filed Monday, May 4 in Montgomery County Common Pleas Court. A hearing on the case is scheduled for May 15.
A sign on the door today, May 6, states that the restaurant is “temporarily closed” but will be “reopening under new management.”
The lawsuit claims the landlord appears to intend to lease out the restaurant to a new tenant and allow the new tenant “full access” to Devaney’s property.
Wray could not be reached early this afternoon, May 6.
Permalink | Comments (24) | Post your comment | Categories: Local restaurant news, Restaurant closings
TweetChain restaurants in trouble
U.S. chain restaurants are four times more likely to fail in 2009 than they were a year ago, and up to 40 percent of chains could face cash flow problems within the next year, according to a study released Tuesday by business consultant AlixPartners.
That’s the opening paragraph of a Nation’s Restaurant News story headlined “Study: Chain cash flow problems, failures more likely”.
The study focused on 110 restaurant chains nationwide in several categories, from casual to fine dining.
Some national restaurant chains have taken hits in recent months in their Dayton-area operations, as a Ruby Tuesday closed in Huber Heights and two Fuddrucker’s locations, Miami Twp. behind the Dayton Mall and Beavercreek near the Mall at Fairfield Commons, also closed.
Permalink | Comments (18) | Post your comment | Categories: Restaurant industry news
TweetTasting panel chooses best chocolate-chip cookie
The tasting experts at Consumer Reports magazine have examined, nibbled, chewed, swallowed and evaluated 13 packaged chocolate-chip cookies and have declared a winner.
Actually, two.
Keebler Chips Deluxe Original and Health Valley Mini Chocolate Chip Cookies came out on top in the magazine’s taste test.
I believe I’ve seen the Keebler cookies at a wide variety of grocery stores in the region. It’s not clear from the Health Valley web site whether the cookies are available on local shelves — the site lists a Cincinnati grocer, Biggs on Paxton Ave., as the closest grocery store carrying the cookies, but also lists more than three dozen “Natural Food Stores” and other grocers that might have them or be able to get them — so if you find or know of any outlets where the cookies are sold in the Dayton area, please post a comment and let us know.
“Health Valley cookies were slightly buttery, while the Keebler cookies were a little like shortbread and cost just 22 cents a serving, about half as much as their top competitor,” the CR news release says.
Of course, we all know none of these store-bought cookies are as good as homemade, but, well, in a pinch …
Permalink | Comments (4) | Post your comment | Categories: Just for Fun, New food items
TweetMother’s Day dining: the clock is ticking …
No less of an authority than the National Restaurant Association has declared Mother’s Day as the most popular day of the year to dine out, so if you’re among the 38 percent or so of the population intending to do so, the time to make reservations is now (if not last week).
Some restaurants may already be full at the time you covet, so it might be wise to have a backup choice or two. While most of the restaurants listed here are offering special holiday brunches and lunches, many other restaurants are open for their regular Sunday hours and menu.
If your restaurant is open but is not listed here, please post a comment and let diners know of your plans, including your restaurant’s name, address, phone number and Mother’s Day hours.
Amber Rose
1400 N. Valley St., Dayton, (937) 228-2511. Open 11 a.m. to 4 p.m., brunch menu 11 a.m. to 2 p.m.
Asian Buffet & Grill
6999 Miller Lane, Butler Twp., (937) 898-1888. Special buffet from 11 a.m. to 10 p.m.
L’Auberge
4120 Far Hills Ave., Kettering, (937) 299-5536. Open from noon to 6:30 p.m. Three-course fixed-price meal for $39.50; kids menu $12.50.
Barbie’s Bistro
1122 E. Dorothy Lane, Kettering, (937) 262-7300. Open 11 a.m. to 7 p.m. 50 percent off mother’s entree.
Barleycorn’s
6204 Wilmington Pike, Sugarcreek Twp., (937) 848-6999. Mother’s Day brunch 10 a.m. to 3 p.m.; regular menu until midnight.
The Barnsider
5202 N. Main St., Harrison Twp., (937) 277-1332. Open noon to 7 p.m.
CJ’s Restaurant
Locations in Celina (419) 586-5552; Greenville (937) 548-1400; and Sidney (937) 498-0072; hours and specials vary.
Cafe Boulevard
329 E. Fifth St., Dayton, (937) 824-2722. Mother’s Day brunch from 11 a.m. to 2 p.m.
Caffe Anticoli
8268 N. Main St., Clayton, (937) 890-0300. Open 11 a.m. to 7:30 p.m. serving Mother’s Day specials.
The Caroline
5 S. Market St., Troy, (937) 552-7676. Mother’s Day brunch buffet 11 a.m. to 3 p.m.; regular menu until 8 p.m.
Cena Brazilian/Mediterranean Steakhouse
2854 Miamisburg-Centerville Road, Miami Twp., (937) 438-2362. Open for Mother’s Day brunch from 11 a.m. to 3 p.m.; dinner from 4 p.m. to 9 p.m.
C’est Tout Bistro
2600 Far Hills Ave., Oakwood, (937) 298-0022. Open for Mother’s Day buffet brunch with seatings at 11 a.m., 12:30 p.m., 2 p.m. and 4 p.m. Adults are $23.95, children 12 and younger are $8.50.
Champps Americana
7880 Washington Village Drive, Washington Twp., (937) 433-2333. Mother’s Day brunch and entree buffet from 9:30 a.m. to 3:30 p.m. Adults $15.99, kids $5.99.
Cobblestone Village and Cafe
10 North Main St., Waynesville, (513) 897-0021. Open 11 a.m. to 4 p.m.
El Meson
903 E. Dixie Drive, West Carrollton, (937) 859-8229. Open 11 a.m. to 3 p.m. May 10 for a Mother’s Day grand buffet, $25 for adults, $10 for kids 7 to 12, and free for children 6 and younger.
Fleming’s Prime Steakhouse & Wine Bar
4432 Walnut St. at The Greene in Beavercreek, (937) 320-9548. Open 11:30 a.m. to 3 p.m. for Mother’s Day brunch. $29.95 per person; mothers receive $25 dining card valid through June 15.
Holiday Inn Englewood
10 Rockridge Road, (937) 832-1234. Mother’s Day brunch from 11 a.m. to 3 p.m. Adults $14.95, children 12 and younger $6.95.
Jay’s Restaurant
225 E. Sixth St., Dayton, (937) 222-2892. Open noon to 9 p.m.
La Piazza
2 N. Market St., Troy, (937) 339-5553. Open noon to 8 p.m. Mother’s Day specials and regular menu.
Madison’s Bistro
5531 Far Hills Ave., Washington Twp., (937) 435-7080. Seatings at 9:30 a.m., 11 a.m., 12:30 p.m. and 2 p.m. Mother’s Day brunch buffet, $24.95 adults, $12.95 children 3 to 11, children younger than 3 free.
Mamma DiSalvo’s
Italian Restaurant, 1375 E. Stroop Road, Kettering, (937) 299-5831. Open from noon to 8 p.m. Moms get 20 percent off and a free scoop ice cream.
McCormick & Schmick’s
4429 Cedar Park Drive at The Greene, Beavercreek, (937) 431-9200.
Michael Anthony’s at The Inn
21 W. Main St., Versailles, (937) 526-3020. Open 11 a.m. to 3 p.m. for Mother’s Day brunch.
Pacchia
410 E. Fifth St., Dayton, (937) 341-5050. Open for Mother’s Day brunch from 10 a.m. to 3 p.m.
Rudy’s Churrascaria
42 N. Main St., Germantown, (937) 353-7375, open 1 p.m. to 7 p.m., complimentary tres leches dessert for mothers.
Savona Restaurant & Wine Bar
79 S. Main St., Centerville, (937) 610-9835. Open for Mother’s Day brunch from 11 a.m. to 3 p.m.
Stockyards Inn
1065 Springfield St., Dayton, (937) 254-3576. Open noon to 8 p.m. Special Mother’s Day menu and regular menu available.
Sweeney’s Seafood House
28 W. Franklin St., Centerville, (937) 291-3474. Open 4:30 p.m. to 8:30 p.m. with a special Mother’s Day menu.
Wellington Grille
2450 Dayton-Xenia Road, Beavercreek, (937) 426-4600.
Sources: Dayton Daily News; Ohio Restaurant Association; DaytonDailyNews.com
Permalink | Comments (14) | Categories: Local restaurant news
TweetNew sandwich shop opens near Dayton Mall
MIAMI TWP. — Jimmy John’s Gourmet Sandwich Shops has opened a new location at 2325 Miamisburg-Centerville Road, near Kingsridge Drive and Ohio 725.
The 48-seat restaurant is open seven days a week from 11 a.m. to 10 p.m., and delivers to the surrounding area. It is owned by operated by Brad Hohla, and Jon and Erika Wyss, of Miamisburg-based Hohla & Wyss Enterprises, LLC, according to a Jimmy John’s news release. For more information, call (937) 432-9110.
The new restaurant is the second Jimmy John’s in the Dayton area, joining the one at 1157 Brown St. near the campus of the University of Dayton.
The Charleston, Ill.-based restaurant chain was founded in 1983 and operates 860 restaurants in 37 states.
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TweetFormer Dominic’s owner asks judge to seize receipts, bar stepdaughter from new ‘unnamed’ restaurant
This entry was updated at 10:45 a.m. Tuesday, May 5.
The attorney for former Dominic’s owner Anne B. Mantia has asked a federal judge to seize the gross receipts from the first few days of business for the unnamed West Carrollton restaurant managed by Mantia’s stepdaughter, Christie Mantia, and to bar her from continuing to operate the restaurant.
The motion filed Sunday, May 3 in U.S. District Court by attorney James M. Morris claims that Christie Mantia and two other defendants — Reece Powers III, owner of the unnamed restaurant, and Harry Lee, the former chef at Dominic’s from 1980 to 2005 who is the chef at the new restaurant — “have completely and utterly ignored this court’s directives and have blatantly utilized the Dominic’s name, likeness, image and products” in opening the restaurant Friday, May 1.
The motion asks Judge Thomas M. Rose to find the three defendants to be in “civil and criminal contempt” of court and to “be confined and sanctioned for their willful violations” and to “preclude the defendants from operating the restaurant.” Morris also requests a “seizure and accounting of, as well as forfeiture of, all gross receipts from the illegal operation” of the restaurant since Friday.
Christie Mantia said in an affidavit filed Monday, May 4, that she did not participate in the decision to open May 1 and has complied with every aspect of a judge’s order. Her attorney, Nicholas E. Subashi, said in a court filing that Morris’ accusations “are inaccurate and false.”
On April 20, Judge Rose issued a temporary restraining order against Christie Mantia, granddaughter of Dominic’s Restaurant founder Dominic Mantia, that was intended to prohibit her from using the name “Dominic’s” in connection with the new restaurant. Rose found that there was sufficient evidence that Mantia had infringed upon Anne Mantia’s “Dominic’s” trademark and violated a 2005 legal agreement between the two women in which Christie Mantia accepted $460,000 in exchange for giving up her right to use the name “Dominic’s.” Anne Mantia filed the federal lawsuit against her stepdaughter on April 3.
The motion filed by Anne Mantia’s attorney Sunday was based at least in part on his personal experience. Morris says in the motion he visited the restaurant Friday, charged a lasagna lunch, and was told by his credit card company that the purchase was made at “Dominic’s.” Patrons of the restaurant told Morris that they “were, in fact, advised that the restaurant was serving Dominic’s food, or that the food was being made by ‘Dominic’s chef,’ and featured the Dominic’s recipes,” the motion says. A computer-generated credit card receipt dated May 2 and attached to the motion shows the charge was made at “Dominic’s” at 630 E. Dixie Drive in West Carrollton.
“The continuing use of the ‘Dominic’s’ name, as well as the menu items, the constant reference to the ‘original recipes,’ the ‘original Dominic’s,’ the classic house garlic dressing, the ‘original’ Dominic’s sauce, menu items, and services, and the outright blatant effort to ignore this Court’s Order constitute one of the most extreme acts of defiance of an existing (temporary restraining order) that counsel has ever seen,” Morris wrote.
“The blatant acts are made worse by the fact that the Defendants sat in this Court’s chambers on the very same date of their opening and withheld, completely, any reference to their intended actions, would, in fact, constitute a violation of this Court’s directives. … Defendants’ actions have completely and intentionally destroyed the protection that was afforded the Plaintiffs, have profited substantially from their misdeeds, and have managed to successfully palm or pass off their product as being ‘Dominic’s’ despite this Court’s directives to the contrary.”
Charles Ashdown, a Cincinnati attorney believed to be representing Powers, declined comment when reached by telephone this morning.
Christie Mantia’s comments in a March 19 Dayton Daily News article — in which she told the newspaper that the new restaurant had hired the former Dominic’s chef and would serve “the original recipes” from Dominic’s — is at the heart of the case, as is the name of the restaurant’s parent company incorporated by owner Reece Powers III: “Dominic’s Restaurant Inc.” The namesake restaurant that Dominic Mantia founded in 1957 became a mainstay on the Dayton dining scene for five decades until it closed in 2007 under Anne Mantia’s ownership.
Late Monday afternoon, the restaurant was answering its phone “Duke’s.” Powers is a nephew of the founder of the Duke’s Golden Ox, a now-defunct restaurant that was located near the former Dominic’s near the Montgomery County Fairgrounds.
The phone number of the new restaurant is (937) 866-1111.
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Tweet‘Unnamed’ restaurant at heart of Dominic’s federal lawsuit opens
The makeshift sign in front reads, “We are still unnamed, but we are opening Friday at 11 a.m.,” and that’s exactly what the restaurant at the center of a federal lawsuit over the “Dominic’s” name did today, May 1.
The unnamed Italian restaurant at 630 E. Dixie Drive in West Carrollton features Italian specialties such as salad with house garlic dressing, lasagna, baked rigatoni with Italian sausage, and baked manicotti. The restaurant’s menus have a large “D” on the cover but no mention of Dominic’s.
Christie Mantia, granddaughter of Dominic’s Restaurant founder Dominic Mantia, has been barred by a temporary restraining order from using the name “Dominic’s” in connection with the new restaurant. In an April 20 ruling, U.S. District Court Judge Thomas M. Rose stopped short of barring Mantia from involvement in the new restaurant, but found that there was sufficient evidence that Mantia had infringed upon her stepmother Anne Mantia’s “Dominic’s” trademark and violated a 2005 legal agreement between the two women in which Christie Mantia accepted $460,000 in exchange for giving up her right to use the name “Dominic’s.” Anne Mantia filed the federal lawsuit against her stepdaughter on April 3.
Nothing in the temporary restraining order appeared to block the restaurant from opening.
Christie Mantia was not present in the restaurant’s first hour of business. A conference was scheduled Friday morning in Judge Rose’s chambers to discuss the possibility of a settlement, but a second hearing that could elevate the temporary restraining order to a preliminary injunction is scheduled for June 8. Nicholas Subashi, Christie Mantia’s attorney, declined comment this morning on the settlement conference. Anne Mantia’s attorney, James Morris, could not be reached this morning.
Christie Mantia’s comments in a March 19 Dayton Daily News article — in which she told the newspaper that the new restaurant had hired former Dominic’s chef Harry Lee and would serve “the original recipes” from Dominic’s — is at the heart of the case, as is the name of the restaurant’s parent company incorporated by owner Reece Powers III: “Dominic’s Restaurant Inc.” Lee and Powers are also named as defendants in the lawsuit.
The namesake restaurant that Dominic Mantia founded in 1957 became a mainstay on the Dayton dining scene for five decades until it closed in 2007 under Anne Mantia’s ownership.
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TweetNew wine bar/restaurant coming to The Greene
BEAVERCREEK — The Wine Loft wine bar is scheduled to open at The Greene in August, a spokesman for The Greene’s developer announced today, May 1.
The Wine Loft is a “full-service wine bar” that will offer 70 wines by the glass and 250 wines by the bottle along with a menu of light cuisine, according to Michael Duffey, spokesman for Steiner + Associates, the developer of The Greene.
The Wine Loft at The Greene is a franchise location of a Baton Rouge, La.-based chain of 20 wine bars around the country, including one that opened about six weeks ago in Dublin in suburban Columbus. It will be owned by Jeff and Jill Van Horne, who live in the Columbus area but are not affiliated with the Dublin franchise, Duffey said.
Jeff Van Horne, a 1986 graduate of Centerville High School, said in a phone interview that he recently returned to Ohio after a 16-year stint with Texas Instruments in the Dallas area. Van Horne said he is an avid wine collector and was looking to launch his own business when the Wine Loft opportunity arose. He said the Wine Loft’s concept is a good fit for The Greene, and he’d eventually like to expand to other locations in Ohio.
Click here for menu and employment information for The Wine Loft at The Greene.
The wine bar will feature “popular selections from the Napa Valley … along with a selection of eclectic wines intended to expand tasters’ horizons” in a “sexy and inviting” atmosphere that is “designed to encourage memorable social experiences,” according to a Steiner + Associates press release.
The 3,469-square-foot wine bar will hold 140 and will include a private mezzanine designed for parties, corporate events, and educational seminars for up to 35 people, Duffey said. It will be located at 21 Greene Blvd between The Pub and Noodles & Co., he said.
The wine bar will not be a retail wine shop, but will serve wine on-premise only.
Menu offerings include items such as a charcuterie board, cheese plates, corn and crab bisque, filet mignon salad, lamb Wellington and escargot.
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