suit over harvey martin's ring
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III JURISDICTION AND VENUE
4 The subject matter n controversy is within the jurisdictional limits
of
this court.
5 Venue in Dallas County is proper in this cause under Section 15.002(a)(3) of the
Texas Civil Practice and Remedies Code because this county is the county
of
the principal office
ofHeritage Auctions, Inc., Defendant herein.
Exhibit A
Exhibit B
SOURCES OF EVIDENCE
Verification of DeVincent Martin, Plaintiff
Heritage Auctions listing
of I
977 Dallas Cowboys Super Bowl XII
Championship Ring to Harvey Martin". http://sports.ha.com/itm/football/1977-dallas-cowboys
§ iller-bo1vl-xii-championship-ring-Qrese11ted-to-harvey-martin/a/7130-80096.s
IV FACTS
6
Harvey Banks Martin played in the National Football League for the Dallas
Cowboys from 1973 until 1983. Martin was named to the NFL All-Decade Team for the 1970's
and was the NFL Defensive Player of the Year in 1977.
7
In Super Bowl XII, the Dallas Cowboys won the World Championship and
Mattin was named the game's MVP along with teammate Randy White. The Dallas Cowboys
presented Harvey Maitin with the Super Bowl Championship ring, which is now up for auction
by the Defendant. Exhibit B.
8 Harvey Martin died intestate on December 24, 2001 and was survived by two
children De Vincent Martin and Chase Martin.
9 Prior to the death of Harvey Martin's mother gave the Plaintiff, DeVincent
Martin, his fathers NFL Defensive Player of the year award ring and other memorabilia, but was
informed that the prized 1977 Dallas Cowboy Super Bowl ring was stolen.
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10 Defendant Heritage Auctions, Inc. has listed a 1977 Dallas Cowboys Super Bowl
XII Championship Ring Presented to Harvey Martin for auction on February 21 at 5:30 CT
through February 22nd, 2015. See Exhibit
A
The ring is identified as Harvey Martin's due to his
name and jersey number being listed on the ring.
11 Defendant's listing does not disclose the purported owner o the ring. See id.
Defendant has refused
to
disclose the identity o the purported owner that contracted with the
Defendant for the auction o the ring.
12 The Dallas Morning News in its coverage
o
the auction quotes Chris
Ivy,
director
o sports auctions for Defendant, as stating The ring is originally sourced from the family, but
they are not the consignors. Exhibit C
13 Defendant, through its registered agent, responded to Plaintiff's phone call to stop
the auction, but stated the ownership was through a Florida Memorabilia dealer; however, did
not list the dealer
by
name. In addition,
no
information has been provided as
to
the original
family source
o
this ring. The item remains up for auction.
PPLIC TION FOR TEMPOR RY RESTR INING ORDER
14 Paragraphs 1-13, supra, are incorporated by reference.
15 Plaintiff would show that unless Defendant is immediately restrained from the
selling the property at auction, Plaintiff will suffer immediate and irreparable loss, injury or
damage.
16 The Super Bowl ring listed for auction by Defendant, as Lot 80096, for the February
21st-22nd, 2015 auction is
i
a unique and in-eplaceable character. Uniqueness is certainly an
element to
be
considered in deciding whether there will be irreparable damages when temporary
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22. In order to preserve the status quo and the rights ofDeVincent Martin during the
pendency o this lawsuit, and to protect the interests o Plaintiff, Defendant should be cited to
appear and show cause why it should not be temporarily restrained during the pendency o this
action:
(1)
Auctioning or selling the
1977
Dallas Cowboys Super Bowl XII Championship
Ring that is listed for the February 21-22 d auction; and
(2) Releasing or transferring possession to any individual or entity
o
the
1977
Dallas
Cowboys Super Bowl XII Championship Ring that is listed for the February 2l-22 d auction by
Defendant as Lot 80096, including the individual or entity who contracted with Defendant to
auction the ring.
23. Plainti ffs application for a temporary iajunction is authorized by Texas Civil
Practice and Remedies Code Section 65.011 (1)(2).
24.
t
is probable that plaintiff will recover from Defendant after a trial on the merits
because o the facts enumerated in the statement o facts and claims for relief set forth herein.
25.
f
Plaintiff s application is not granted, Plaintiff wonld show that he would suffer
immediate and itrnparable loss, injury or damage. The nature o damages is actual, substantial,
and permanent, leaving Plaintiff without an adequate remedy by law.
26. Plaintiff is willing to post a bond.
CAUSE OF ACTION FOR DECLATORY JUDGMENT
27. Plaintiff requests the Court to declare that Plaintiff, is the rightful owner o
Harvey Martin s 1977 Dallas Cowboys Super Bowl XII Championship Ring listed for auction.
V RELIEF REQUESTED
28. By failure o the Defendants to disclose the proposed owners o the ring and
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rightful ownership of the ring, Plaintiff has already incurred damages in excess of the minimum
jurisdiction of this Court. Flll1her, ifDefendant is not restrained from taking its intended actions,
Plaintiff will continue to incur substantial, ineparable damages. Plaintiff requests that once his
ownership, is judicially established, that the property be returned to Plaintiff.
PRAYER
WHEREFORE PREMISES CONSIDERED
Plaintiff prays that Defendant as
follows:
(1) For all rel ief requested above, including a temporary restraining order and a
tempora1y injunction;
(2) For all attorney s fees under applicable laws;
(3) For all costs of these proceedings; and
(4)
For such further relief, at law and equity, to which Plainti ff may show that is
justly entitled.
Respectfully submitted,
.;;- ,. ,;/
By:
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STATE OF TEXAS
§
§
COUNTY OF TARRANT §
VERIFIC TION
On this day T. Christopher Lewis personally appeared before me, the undersigned Notaty
Public, and after being duly sworn stated under oath that he represents the Plaintiff in this action;
that he has read the above Plaintiff s Original Petition and Application for Injunctive Relief, with
attached exhibits; that the Exhibits are true and con-ect copies
of
the original documents.
/
'/
< ; ~ . : - / , · 1 2 ~ : ; /
T
h r i s t o p h e ~ · L e w i s
SUBSCRIBED AND SWORN TO BEFORE on the 9
1
h day ofFebruary 2015.
, . . ~ t ~ J · ~ ~ ; . ~ , JO LL N NAGISALEH
f ~ : ~ f \ Notary Public
State
of Texas
\ ~ ~ ~ ~ · ~ . . My Commission Expires
~ ~ ~ f f \ ~ ~ November 28 2015
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EXHIBIT A
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Toi 18177953901 Frorn1 18882945658 Date1 02/19/15 Time1 7118
AM
Page1 10
CRPRDNRBS36a 2/19/2015 9:18:30 AM
PAGE 10/010 888 294 5658
STATB
Ok'
TEXAS
§
OOUNTY-OF GRAYSON §
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8/9/2019 Suit Over Harvey Martin's Ring
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EXHI IT
1
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8/9/2019 Suit Over Harvey Martin's Ring
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1977 Dallas
Cowboys Super
Bowl
XII Championship
Ring Pres ...
htlp://sports .ha.com/itm/football/ 1977-dallas-cowboys-super-
2of
3
e a : ~ . to Search Rest..11s
Category:
A. 1.A.ucFon It-ems>
Fc-0to.:n
C o ~ c t t l e s >
O t h ~ s
Lot 11977 Dallas Cowboys Super Bowl XII Championship Ring Presented to Harvey Martin ...
80096 2015 February 21 -22 Sports Collectibles Platinum Night Auction· New York 7130
View larger Image
Description:
i
'
:
1io.ioo:.--:·
: l _ . : ° 7 P
Previous
Lot:
80098 Next
Jump to Lot
Current Bid: $44,000
w Buyer's
Premium
(BP)
$52,580.00
Status:
No
Reserve
Secret Maximum Bid: $ i _ P L A ~ e e10
(wttOle dollars)
+ Bid
Protecl on
Minimum Next Bid: $46,000 ($54,970.00 w/ BP}
EiEl
View Most Recent Bid
Actlvlty
ay wbm1 ing anybld, I tertiftlhat I am eighteen
year$ or
older, lfl-1
hava
read and undal$ and
1) tM i · • ~ ' I Fei·cy:
2) A • x l ~ r . H r U c e n s - ~ g awl
S a ~ e
& Local t•crce; IM
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8/9/2019 Suit Over Harvey Martin's Ring
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EXHI ITC
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8/9/2019 Suit Over Harvey Martin's Ring
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Harvey
Martin s
1978
Cowboys Super
Bowl
ring
up
for auction ...
http://www.dallasnews.comlnews/local-ncws/20150110-supe
1of3
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General News
Harvey Martin s 978 Cowboys Super Bowl ring
up for auction
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By ROBERT WILONSKY
IS:'.
Staff Writer
Published:
10
January 201510:52
PM
Updated: January 201512:18 AM
omment
Print
>
A browse
through
Heritage
Auctions' onllne
catal og reveal s a Dallas Cowboys
treasure: the
Super Bowl
XII ring
that once belonged to defensive great and South Oak
Cliff
High School product Harvey Martin.
And
the
ring
has
added
meaning.
Too Mean Martin
was
co-MVP
in the 27-10
victory
over the Denver
Broncos
at the
Louisiana Superdome on Jan.
15,
1978. He shared
the honor with
Randy White,
another
member
of
the
team's
Doomsday
Defense.
The
fact
that it comes from
the co-MVP
of the game makes it
really
special, said
Chris Ivy,
director of
sports
auctions
for Heritage.
The ring will
be
sold
at the end of
February
during
a Heritage sale
in
New York City.
It
will
open
at
10
1
000 and
is predicted
to
go for about
40
1
000,
according to Heritage.
It's unclear where the ring
comes
from.
The ring is originally sourced from
the
family,
but they
are
not the
consignors, Ivy said.
Here's
how Heritage describes the ring in
its
catalog: 1\vin stars
on
the
ring
face represent two trips
to the
NFL
mountain top, each sporting a genuine diamond nucleus and blue sapphire spokes and set against a field
2118115 6:23
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Harvey Martin's 1978 Cowboys Super
Bowl
ring up
for
auction
...
http://www.dallasnews.com/news/local-news/20150110-super
of 3
of smaller diamonds. 'Dallas Cowboys World Champions' stands
in
raised lettering at the perimeter of the
face. Left shank reports Martin's surname and jerseynumber on
either
side of a Cowboys helmet, while r ight
shank features a Lombardi Trophy
in
miniature.
Also being sold are a 1947 New York Yankees World Serles ring, a
bat
swung by Hall ofFamerWillie Mays,
boxing gloves worn by Muhammad
Ali
and a jersey worn by Chicago Bulls great Michael Jordan.
Martin battled substance abuse
and
had domestic violence troubles
in
his later years. On Dec. 24, 2001,
at
age
51 he died of pancreatic cancer at a Grapevine hospital.
His is
not
the first ring
from
Super Bowl XII to go up for auction. The IRS made linebacker Thomas
Hollywood Henderson part
with
his about
30
years ago.
f
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