On a day when fireworks were expected in the opening of the court case between Rick’s Steaks and the Reading Terminal Market it turns out Rick’s has quietly lost its case.

Rick’s Steaks appears to have lost its battle to stay in the Reading Terminal Market. A judge has ruled that market management has the right to refuse to give Rick a new lease (see related story).

Rick Olivieri and Terminal Market management were expected to be in court on Monday, with their attorneys arguing over some remaining issues in this long-running dispute. But Judge Mark Bernstein on May 9th quietly issued the key ruling — a summary judgment that the Market has the right to refuse to offer a new lease to Rick’s Steaks.

UPDATE: Rick’s Steaks has reached a settlement with RTM and will be out of the market by October 31st. [Philadelphia Inquirer]

Judge’s Ruling a Setback for Rick’s Steaks [KYW 1060]

The Daily News has the latest on the Rick’s Steaks vs. Reading Terminal Market and it doesn’t look good for Rick:

Judge Bernstein ruled in an order issued Feb. 20 that Rick’s Steaks failed to provide evidence in its lawsuit, filed July 30, of terminal-market-management misdeeds, including breach of oral contract, fraud and failure to negotiate in good faith.

Bernstein said that although Rick’s Steaks said an agreement on the “material terms” of a new long-term lease had been reached, Rick’s never detailed what those lease terms were, either in number of years or in rental amount.

Bernstein also said that Tony Luke’s had done nothing wrong.

He did allow Rick’s complaint that Olivieri had suffered monetary damages because of the alleged breach of the oral contract to go forward, but proof of actual loss is required to be detailed in further proceedings.

So it’s not over yet.

Rick’s Steaks dealt setback on Reading Terminal Market dispute [Daily News]

It looks like the Rick’s Steaks v. Reading Terminal Fireworks will drag on to summer time. The Court of Common Pleas has set the trial for June 2, 2008.

People frequently complain about how slow the wheels of justice turn.
Not Rick Olivieri.

Facing eviction from the space at the Reading Terminal Market that his Rick’s Original Philly Steaks has occupied for 25 years, Olivieri just got an extension – through next May – courtesy of Common Pleas Court.

Judge Mark Bernstein is not siding with Olivieri in his long-running dispute with management of the nonprofit Reading Terminal Market Corp. But when the judge set a firm trial date of June 2 at a case-management conference on Wednesday, he effectively preserved the status quo until then, barring a settlement.

Cheesesteak case gets trial date – in June [Philadelphia Inquirer]

Philebrity has an exclusive report this afternoon stating Tony Luke’s doesn’t have a lease in place for the Reading Terminal Market and never intended to replace Rick’s Steaks at the Terminal.

Maybe best of all is that District Attorney Lynne Abraham will be brought in to mediate the situation between Rick Oliveri and the Terminal.

PHILEBRITY EXCLUSIVE: Tony Luke Does Not Have A Lease For The Reading Terminal And Other Strange Truths About The Cheesesteak Wars [Philebrity]
Reading Terminal Market to Rick: Get Out [KYW Newsradio 1060]

Rick’s Steaks versus the Market is really getting good. Even the Amish are pissed off!

The Amish merchants in Reading Terminal announced that in protest of the board’s decision, the 19th annual Dutch Festival set for Aug. 8 through 11 was canceled.

David Esh, owner-operator of the Hatville Deli and a representative of the market’s Amish merchants, said in a statement yesterday: “Dutch Fest is a celebration and, quite honestly, we are not in a mood to celebrate.”

Rick’s Steaks owner sues over ouster from market [Philadelphia Inquirer]

Last Second deal seems unlikely for Rick’s Steaks in cheesesteak saga.

Rick Olivieri received the final word he had been dreading for weeks. His cheesesteak shop is being forced to vacate its 25-year home at Reading Terminal Market at the end of this month.

Market spokesman Kevin Feeley confirmed late last week that the board that controls the market has made a final decision against granting Olivieri a new lease. The move paves the way for another famed cheesesteak stand, Tony Luke’s, to take the place of Rick’s Steaks.

Tony Luke’s, Rick’s already squaring off at Citzens Bank Park [Metro Philadelphia]

Rick’s Steaks may not be forced out by Reading Terminal at the end of this month after all.

Owner Rick Olivieri said “negotiations” are in progress after meeting with the market’s leasing committee yesterday. Olivieri did not want to talk specifics, but said “it looks optimistic” that he could receive a new lease and stay in the market.

Kevin Feeley, a spokesman for the market, said the meeting went well, but wasn’t ready to say Rick’s was welcome to stay.

Olivieri ‘optimistic’ about keeping steak stand [Metro Philadelphia]

The battle between the Reading Terminal and Rick Oliveri’s Rick’s Steaks looks like it is really heating up.

The Reading Terminal Market Merchants Association has designated Saturday as “Save Rick’s, Save The Market Day” in support of steak sandwich vendor Rick Olivieri, whose lease was not renewed.

There will be a news conference at 10 a.m. at Rick’s Steaks. Speakers will include past and present merchants and members of FORM (Friends of Rick’s and the Market), Olivieri said.

Reading Terminal merchants rally behind Rick’s [Philadelphia Inquirer]

The battle between Rick’s Steaks and the Reading Terminal Market promises to heat up as the Market has retained the law firm of Richard Sprague. A name that has certainly been known to put a good scare into opponents and also empty their wallets.

Reading Terminal spokesman Kevin Feeley says the Sprague firm was retained after the market received “very aggressive” communication from Olivieri and his attorney. He declined to be more specific, but we’re told Olivieri’s lawyer has threatened to file various lawsuits against the market and individuals behind the market. His attorney, William Harvey, could not be reached yesterday. Meanwhile, attorney Lawrence Woehrle, of the Sprague & Sprague firm, yesterday said no suit has been filed against the Reading Terminal, but in the event there is one, the firm will vigorously defend it.

Market gets Dick to fight Rick [Philadelphia Daily News]

The PR department of the Philadelphia Phantoms hockey team is spending much of its summer rating steak sandwiches from around the area. They’ve already hit up Jim’s, Tony Luke’s, Pat’s, Rick’s, Sonny’s Famous and Lee Hoagie House in Newtown. The quest for the best steak continues all summer and will feature guest reviewers who are current or former players in the Flyers organization.

Summer of the Steak [PhantomsHockey.com]