Custino's

[RadicalModerate]

"taken down?!!!!"
even The Godfather of Soul knows that there is a difference between "shuttin' down" "taken down" and "gittin' down" . . .

'specially in regard to threads . . .

[ctchandler]

I started this thread with a simple question and that has certainly been answered many times, so am I responsible for closing the thread, or is it the moderators? Also, should it be closed while there is still activity? Since this activity is not related to my original question, should it be closed? Three questions, let me know.
C. T.

I agree with Rover, other than the restaurants sticking around. I hope we are both is business for a long time. I'm requesting this thread should be taken down. If you have any questions feel free to stop by. I will no longer be responding to this thread.

[RadicalModerate]

You, Sir really ARE "The Man" here. No kidding. No joke.
(i just hope that "shut down" doesn't mean the same thing as "deleted" as there is a diversity of opinion shared on this/your thread that should not disappear into virtual oblivion...)

[ou48A]

Please don’t kill or shut down this thread.

This story has a long way to go before it fully plays it’s self out.

Among other things we have a legal battle that one side says they will take to the high courts if necessary. We also have lots of allegations that need to be legally resolved.

The original restaurant used personal connections to help created a bigger than normal splash in the media when they opened.
It’s only fair they should receive bigger than normal coverage when they split and crash.
As with anything like this there is a lot we probably don’t know, (all the story is missing is a sex angle) but we already know enough to say that this story has turn into the best OKC soap opera since the Penn Square bank failure.

[SoonerQueen]

Please don’t kill or shut down this thread.

This story has a long way to go before it fully plays it’s self out.

Among other things we have a legal battle that one side says they will take to the high courts if necessary. We also have lots of allegations that need to be legally resolved.

The original restaurant used personal connections to help created a bigger than normal splash in the media when they opened.
It’s only fair they should receive bigger than normal coverage when they split and crash.
As with anything like this there is a lot we probably don’t know, (all the story is missing is a sex angle) but we already know enough to say that this story has turn into the best OKC soap opera since the Penn Square bank failure.

Could this be the next movie of the week on Lifetime?

[Tydude]

this is the story about the two custino's Restaurant in the Oklahoma Gazette
http://www.okgazette.com/oklahoma/ar...7;s-in-a-.html

An Oklahoma County judge must decide if Oklahoma City is to be home to two Italian restaurants bearing the name Custino’s.
At odds are Bud and Barbara Elder, owners of Custino’s Italian Kitchen; and Angelo and Philip Custino, owners of Custino’s Restaurant and Bar.

In August, District Judge Lisa Davis rejected an injunction filed by the Custinos seeking to stop the Elders from using the Custino name for their restaurant. The four originally were partners in the start-up at 2724 W. Britton. In response, the Elders claimed that the Custino's had failed to show up on June 26, told employees not to show up for work, shut down utility accounts and withdrew money from the corporate checking account.

Both sides agree that the Elders were the eatery’s sole financers.

Bud Elder said he entered into the relationship in good faith, but after six weeks, the Custinos just walked away.

“The next time we heard from them was when we received notice we were being sued,” Elder said.

The restaurant was an attempt to resurrect the Custino’s Italian Kitchen of the 1990s, made famous locally by its “Stuffa You Face” jingle. The Custinos and Elders worked together on that concept until the Custinos left OKC; they returned last year.

Elder, who described Philip as his best friend during the 1990s, said the Custinos wanted to renew the friendship and business partnership.

Now that friendship is surely over, and both parties are adamant about using the Custino name.

On Nov. 9, Angelo Custino and his father, Philip, opened Custino’s Restaurant and Bar at 7801 N. May, around the corner from the other restaurant — a violation of Davis’ ruling, according to Bill Zuhdi, attorney for the Elders.

“The judge said neither party could harm the other in conducting business,” Zuhdi said. “It’s our contention that the proximity of the new location, combined with the confusion created by the use of the same name, will seriously harm the Elders’ business.”

The name Custino’s Italian Kitchen was reserved by Bud Elder several years ago and appropriate papers were filed with the Secretary of State, said Zuhdi.

The Elders also claim that Custino is not Philip Custino’s actual name. They said his legal name is Anthony Philip Caliendo, and that he was sentenced to federal prison in 1988 for his part in a prostitution ring.

Angelo Custino called the accusation a lie.

“My father was born Philip Angelo Custino,” he said. “I have the birth certificate. I’ll show it to anyone who asks. I don’t want the same thing happening to my father as happened to President Obama.”

Elder said he wouldn’t have an issue with the new restaurant if he thought it would serve OKC well.

“If I thought it might help the Custino’s brand, I could support it,” he said, “but personal knowledge and experience tells me it will be a disaster.”

[MonkeesFan]

this is the story about the two custino's Restaurant in the Oklahoma Gazette
Oklahoma Gazette Food and Drink: Features: Custino's

“If I thought it might help the Custino’s brand, I could support it,” he said, “but personal knowledge and experience tells me it will be a disaster.”

Well, let's see if he is right

However, I would like to not see this thread closed since I wanted to see an update on the court case until it is the final decision

[boscorama]

The reference to President Obama's birth certificate was a serious turn-off, where I live.

[Spartan]

Custino bumps the thread when it's convenient for him, and wants it taken down when it's not so convenient for him. Typical.

Unfortunately OKC Talk is a LOT bigger than his restaurant. I've been on here for ten years. OKC Talk has an incredibly Brit future ahead of it and there is no need for the site to bend to these clowns' wishes. These restaurants on the other hand look to have a very brief lifespan...

[angelocustino]

I regret posting again but the attacks continue. The retraction in the Gazette will not be published until next week along with my interview on news 9.

Dear Editor,

There were many misleading and false statements made in the article titled “What’s in a Name,” published Nov. 21, 2012. To begin I would like to clarify, as the Oklahoman did not report this correctly either, that my father, Phil Custino, was a consultant for Custino’s Italian Kitchen and not an owner or partner. My current business Custino’s Restaurant & Bar, located at 7801 N. May Ave., has the privilege of having my father as the executive chef.

As far as statements made I would like to address a few corrections. Charles Elder was quoted saying “but after six weeks, the Custino’s just walked away.” The reason for me separating myself from the Elder’s, not only because we have different views on ethics in business, began a few weeks after opening when $1,500 was transferred electronically out of the company bank account to Mr. Elder’s L.L.C. account (E-Genius Communications) without any notification. Our terms as partners being that when one takes money the other is entitled to the same amount, I confronted him and advised him since he had never participated in the restaurant industry before that taking money for the owners was something that needed to be discussed so as not to put the business in jeopardy. Considering we opened with $0.03 in the company account, that amount even excluding what I was entitled made it more difficult to keep the business running. Having online access to the company account the three of us were on, I continued to monitor the account for transfers to his L.L.C. Upon noticing the amount not reported to me was near five figures and my father and I had been working open to close for very little compensation I decided to seek legal counsel. When we did not show for work I immediately received a voicemail that the locks on the building had been changed.

Mr. Elder also made a statement that “the next time we heard from them was when we received notice we were being sued.” Although he had not heard directly from me after leaving multiple threatening text messages and voicemails that I have documentation of, he did receive notification on my behalf from my attorney that all future communications were to go through him. After ignoring the letter from my attorney, Mr. Elder continued to leave messages and began to drive by my residence at all hours of the day. He also received notification on my behalf from the Oklahoma City Police Department to stop all communications and to no longer go out of his way to drive past my residence. To which he responded by issuing a false statement to the police I threatened to “whack” him.

After finding new legal representation I withdrew $1,600 from the company account I was on shortly after Mr. Elder withdrew another $1,000 to start the legal process to have the partnership dissolved. Mr. Elder then called the police and brought them to my house stating that our partnership was dissolved because he, a 25% owner, sent me an email that he no longer wanted to be business partners and therefore what I did was “grand larceny and embezzlement” and threatened to ruin my life and have me thrown in jail immediately. After this I filed my lawsuit against the Elder’s for embezzlement and submitted the company’s bank account statements showing his frequent withdrawals as evidence to my attorney.

Mr. Elder also claimed my father was not who he said he was, although he said my father went by a different name to The Oklahoman than he did to The Gazette. Both are false statements to which my father’s birth certificate proves.
Mr. Elders final statement I would like to contest was that he did not believe the opening of my new restaurant would be helpful to the Custino’s brand. My former business was under his LLC (E-Genius Communications) DBA Custino’s Italian Kitchen, other than the DBA he has no rights to the brand. I filed a trademark shortly after the judge declared we were no longer in business piggy backing off my parents trademark from the 90’s so it is effective from 1998.

As far as Mr. Elders attorney Bill Zuhdi’s statements I would like to correct a few things as well. Mr. Zuhdi stated that the judge gave instructions that neither party could harm the other in conducting business. Direct from Judge Lisa T. Davis’s journal entry “neither party shall make any statements disparaging or harmful to Custino’s Italian Kitchen.” Mr. Zudhi’s other statement that the name “Custino’s Italian Kitchen” was reserved by Mr. Elder several years ago is hard to believe as we had a team meeting a few weeks before opening to decide what the name should be and came up with it then after throwing out many other options and we had not been in communication with them for more than a few months before going into business together after 10 years of not speaking.

As far as Mr. Elder’s defense against my allegations and evidence to support his claims against me, he was unable to produce anything. Any statement I have made I have evidence to support my claims. He continues to advertise that my father and I are attached to his business after the judge decreed I was no longer his partner and we left.

Angelo Custino

[Tydude]

I regret posting again but the attacks continue. The retraction in the Gazette will not be published until next week along with my interview on news 9.

I thought you left OKC Talk forum page

[angelocustino]

Tydude,

I thought if I put down my sword others would too. Instead I was stabbed in the back. I would prefer to put the entire conversation to rest until the case is over, but as long as people are talking about this I have no choice but to defend myself.

[ctchandler]

RadicalModerate,
I get your point. Thanks, I think I won't worry about it and let it just go away when it's time!
C. T.

You, Sir really ARE "The Man" here. No kidding. No joke.
(i just hope that "shut down" doesn't mean the same thing as "deleted" as there is a diversity of opinion shared on this/your thread that should not disappear into virtual oblivion...)

[Steve]

I stand by every word in reporting on the Custino's dispute and will note that the Custino's and their attorney were given mutliple opportunities to talk to me for my story. When I turned in my story, there was a footnoted attribution and/or documentation for every sentence in the story.

[boscorama]

I regret posting again but the attacks continue. The retraction in the Gazette will not be published until next week along with my interview on news 9.

Dear Editor,

There were many misleading and false statements made in the article titled “What’s in a Name,” published Nov. 21, 2012. To begin I would like to clarify, as the Oklahoman did not report this correctly either, that my father, Phil Custino, was a consultant for Custino’s Italian Kitchen and not an owner or partner. My current business Custino’s Restaurant & Bar, located at 7801 N. May Ave., has the privilege of having my father as the executive chef.

As far as statements made I would like to address a few corrections. Charles Elder was quoted saying “but after six weeks, the Custino’s just walked away.” The reason for me separating myself from the Elder’s, not only because we have different views on ethics in business, began a few weeks after opening when $1,500 was transferred electronically out of the company bank account to Mr. Elder’s L.L.C. account (E-Genius Communications) without any notification. Our terms as partners being that when one takes money the other is entitled to the same amount, I confronted him and advised him since he had never participated in the restaurant industry before that taking money for the owners was something that needed to be discussed so as not to put the business in jeopardy. Considering we opened with $0.03 in the company account, that amount even excluding what I was entitled made it more difficult to keep the business running. Having online access to the company account the three of us were on, I continued to monitor the account for transfers to his L.L.C. Upon noticing the amount not reported to me was near five figures and my father and I had been working open to close for very little compensation I decided to seek legal counsel. When we did not show for work I immediately received a voicemail that the locks on the building had been changed.

Mr. Elder also made a statement that “the next time we heard from them was when we received notice we were being sued.” Although he had not heard directly from me after leaving multiple threatening text messages and voicemails that I have documentation of, he did receive notification on my behalf from my attorney that all future communications were to go through him. After ignoring the letter from my attorney, Mr. Elder continued to leave messages and began to drive by my residence at all hours of the day. He also received notification on my behalf from the Oklahoma City Police Department to stop all communications and to no longer go out of his way to drive past my residence. To which he responded by issuing a false statement to the police I threatened to “whack” him.

After finding new legal representation I withdrew $1,600 from the company account I was on shortly after Mr. Elder withdrew another $1,000 to start the legal process to have the partnership dissolved. Mr. Elder then called the police and brought them to my house stating that our partnership was dissolved because he, a 25% owner, sent me an email that he no longer wanted to be business partners and therefore what I did was “grand larceny and embezzlement” and threatened to ruin my life and have me thrown in jail immediately. After this I filed my lawsuit against the Elder’s for embezzlement and submitted the company’s bank account statements showing his frequent withdrawals as evidence to my attorney.

Mr. Elder also claimed my father was not who he said he was, although he said my father went by a different name to The Oklahoman than he did to The Gazette. Both are false statements to which my father’s birth certificate proves.
Mr. Elders final statement I would like to contest was that he did not believe the opening of my new restaurant would be helpful to the Custino’s brand. My former business was under his LLC (E-Genius Communications) DBA Custino’s Italian Kitchen, other than the DBA he has no rights to the brand. I filed a trademark shortly after the judge declared we were no longer in business piggy backing off my parents trademark from the 90’s so it is effective from 1998.

As far as Mr. Elders attorney Bill Zuhdi’s statements I would like to correct a few things as well. Mr. Zuhdi stated that the judge gave instructions that neither party could harm the other in conducting business. Direct from Judge Lisa T. Davis’s journal entry “neither party shall make any statements disparaging or harmful to Custino’s Italian Kitchen.” Mr. Zudhi’s other statement that the name “Custino’s Italian Kitchen” was reserved by Mr. Elder several years ago is hard to believe as we had a team meeting a few weeks before opening to decide what the name should be and came up with it then after throwing out many other options and we had not been in communication with them for more than a few months before going into business together after 10 years of not speaking.

As far as Mr. Elder’s defense against my allegations and evidence to support his claims against me, he was unable to produce anything. Any statement I have made I have evidence to support my claims. He continues to advertise that my father and I are attached to his business after the judge decreed I was no longer his partner and we left.

Angelo Custino

Geeeeeez. Think I'll check out Roma's tomorrow. Maybe Spaghetti Warehouse next week.

[SoonerQueen]

Geeeeeez. Think I'll check out Roma's tomorrow. Maybe Spaghetti Warehouse next week.

Hate to say that with all the stuff going on between each restaurant, I doubt I will go to either one again. Never have tried the new one on N May, but I think we'll go somewhere else.

[angelocustino]

At Custino's on May it's about the food not the story. My personal matters have nothing to do with my business and do not effect the food in any way. Custino's Restaurant & Bar is an affordable full service restaurant that prides itself on quality and your server is their to insure it.

[MonkeesFan]

Angelo is right, you are missing out on good food if you do....

[MonkeesFan]

From reading the story, I have to say that Mr. Elder is a nutcase

[Steve]

I've met Bud Elder, interviewed him a half dozen times over the past couple years, and was briefly introduced to the Custino's. They all strike me as intelligent adults who have made choices....

[soonerguru]

Geeeeeez. Think I'll check out Roma's tomorrow. Maybe Spaghetti Warehouse next week.

Don't forget Vito's -- very good. Gabriella's is very good, too.

[soonerguru]

So much drama for two mediocre restaurants. This is an example of the "no publicity is bad publicity" maxim being wrong.

[angelocustino]

soonerguru,

Have you tried the new Custino's?

[Tydude]

i say Gaberiella's is one of the best Italian food in OKC better then the new Custino's

[MonkeesFan]

i say Gaberiella's is one of the best Italian food in OKC better then the new Custino's

Where is Gaberiella's? I would like to try it