Suit Over Harvey Martin's Ring

8/9/2019 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:

/


7/14

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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EXHI IT

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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


12/14

EXHI ITC


13/14

Harvey

Martin s

1978

Cowboys Super

Bowl

ring

up

for auction ...

http://www.dallasnews.comlnews/local-ncws/20150110-supe

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General News

Harvey Martin s 978 Cowboys Super Bowl ring

up for auction

f

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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

A


14/14

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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Suit Over Harvey Martin's Ring