Professional Documents
Culture Documents
DALLAS COUNTY
2/1/2019 9:25 AM
FELICIA PITRE
DISTRICT CLERK
Angie Avina
CAUSE NO. DC-19-00264
COMES NOW, Donald P. Kivowitz, Intervenor/Third-Party Plaintiff, and files his Plea
I.
Parties
2. Plaintiff William Noble Rare Jewels, L.P. (“William Noble Rare Jewels”) is a
limited partnership organized under the laws of the State of Texas with its principal place of
business located in Dallas, Dallas County, Texas and has appeared herein.
Fine & Estate Jewellers”) is a limited liability company organized under the laws of the State
of Michigan and which may be served with process by serving its registered agent, David R. de
the State of Texas and may be served with process by serving him at 251 E. Merrill Street, Suite
of the State of Texas residing in Dallas County, Texas and may be served with process by
serving him at 100 Highland Park Village, Suite 370, Dallas, Texas 75205.
II.
Discovery Control Plan
discovery control plan under Rule 190.3 (Level 2) of the TEXAS RULES OF CIVIL PROCEDURE.
III.
Rule 47 Certification
The damages sought are within the jurisdictional limits of this Court. Intervenor seeks
IV.
Intervenor’s Interest in this Action
Intervenor has a justiciable interest in the matters in controversy in this litigation in that
Intervenor is the rightful owner of the jewelry more fully described below and all or part of that
approached by Noble with a business proposition. Noble claimed that he had once had a long-
term profitable relationship with Harold Simmons, pursuant to which Noble would identify
special investment quality jewelry of very high value, Simmons would purchase those items
identified by Noble, and then Noble would sell them on consignment. Noble represented he had
identified three such items, but Mr. Simmons had passed away. Noble solicited Intervenor to
purchase three items of jewelry and put them on consignment with Noble. Relying entirely on
Mr. Noble and his expertise in the jewelry industry about which Intervenor knew nothing,
Intervenor agreed.
Agreement with William Noble Rare Jewels. (a true and correct copy of the Consignment
the following jewelry from William Noble Rare Jewels for the purchase price of $2,425,000.00
(1) 17.25 carat Natural Fancy Faint Pink Diamond Ring in 18 Karat Rose
Gold. Internally flawless clarity. GIA certified. 1.44 carats total weight of
round pink diamonds in the mounting. #100-10-15880.
(3) 12.51 carat Emerald Cut Diamond Ring in Platinum. F color, WS2
clarity, GIA certified. Flanked by two trapezoid diamonds, 1.59 carats total
weight. #100-10-16030. (collectively the “Jewelry”)(true and correct
photographs of the jewelry is attached hereto as Exhibit “B” and
incorporated herein).
Jewelry by William Noble Rare Jewels, profit would be split 50/50 after any incurred
which is equal to the overnight LIBOR rate plus 1.1% (presently 2% per annum) but is
subject to fluctuation. The parties further agreed that in the event any of the items of
Jewelry have not been sold by January 31, 2019, then upon the request of Intervenor, Noble
will purchase the unsold item(s) of Jewelry from Intervenor at Intervenor’s cost, plus
Noble instructed Intervenor to fund the $2,425,000.00 transaction through William Noble
Rare Jewels. In complete trust and reliance on Noble’s representation that such funds would be
all used to purchase for Intervenor the Jewelry, Intervenor wired the $2,425,000.00 to William
Noble Rare Jewels instead of to whomever the seller of the Jewelry were alleged to be.
However, to date, William Noble Rare Jewels has never provided any proof that: (a) all the funds
were in fact used to purchase the Jewelry (b) that title to the Jewelry were taken in Intervenor’s
name, or (c) any of the other promised actions such as making Intervenor a named insured. As
set forth below, Intervenor later demanded an accounting of Noble, but Noble has failed to do so.
William Noble Rare Jewels did not, however, sell any of the Jewelry. At least, that’s
what Noble continually told Intervenor. As time went on and the eighteen-month consignment
term neared, Noble began representing to Intervenor that one of the three items, the large pink
diamond, had somehow, without Intervenor’s consent, been delivered into the possession of
someone in Detroit (who Intervenor later learned was Dumouchelle and Dumouchelle Fine &
Estate Jewellers). Noble represented Dumouchelle and Dumouchelle Fine & Estate Jewellers
back.
On or about January 15, 2019, Intervenor made demand upon Noble and William
Noble Rare Jewels to provide an accounting related to the Jewelry by providing the
following information:
(1) proof that all my funds went to the seller(s) of the Items,
(2) proof in the form of a bill of sale and other documentation showing that the Items are
titled to me and otherwise unencumbered,
(3) A certificate of insurance showing me to be a named insured for the Items. And
(4) Proof that I am the “vendor” of the Items pursuant to the Consignment Agreement. (a
true and correct copy of the demand is attached hereto as Exhibit “C” and
incorporated herein).
Intervenor also gave notice pursuant to the Consignment Agreement of William Noble Rare
Noble and William Noble Rare Jewels failed and refused to provide such an accounting.
Instead, Intervenor’s demand led to a flurry of changed stories and excuses; but no accounting.
Now Noble claims that all three jewelry items were wrongfully held by Dumouchelle and
Dumouchelle Fine & Estate Jewellers instead of just the pink diamond. Noble could not or
would not give any specifics as to how or why Dumouchelle and Dumouchelle Fine & Estate
Jewellers came into possession of Intervenor’s Jewelry in the first place. Noble simply insisted
that he would sue Dumouchelle and Dumouchelle Fine & Estate Jewellers to get it all back.
Noble filed this lawsuit without meaningful consultation with Intervenor, and never explained
why Noble would bring this suit for Jewelry that Noble did not own, but rather was owned by
Intervenor. Noble later claimed one piece (the large white diamond piece) was sold, presumably
Dumouchelle and Dumouchelle Fine & Estate Jewelers has sold some, if not all, of the Jewelry
but has failed and refused to pay the proceeds or return the unsold Jewelry to William Noble
Rare Jewels. This much is clear: either Noble or Dumouchelle have some or all of Intervenor’s
jewelry or proceeds from the sale thereof, all of which belong to Intervenor.
VI.
Causes of Action
Intervenor incorporates herein the above and foregoing paragraphs and rely upon same as
if fully copied and set forth herein under each cause of action.
Intervenor entered into the Consignment Agreement with William Noble Rare Jewels
whereby William Noble Rare Jewels agreed to take consignment of Intervenor’s Jewelry and to
pay Intervenor as set forth above upon the sale of each item of Jewelry. William Noble Rare
Jewels breached that agreement by giving possession of some if not all of the Jewelry to
Dumouchelle and Dumouchelle Fine & Estate Jewellers and by not paying Intervenor as required
by the agreement. Such breach has been a proximate cause of Intervenor’s damages set forth
below. Intervenor has fully performed all conditions, covenants, and promises under his contract
Intervenor had a relationship of trust and confidence in Noble and William Noble Rare
Jewels. Intervenor also justifiably placed trust and confidence in Noble and William Noble Rare
Jewels to act in Intervenor’s best interest. As such, Noble and William Noble Rare Jewels owed
Jewelry. William Noble Rare Jewels deliberately breached its fiduciary duties to Intervenor by
giving possession of some if not all of the Jewelry to Dumouchelle and Dumouchelle Fine &
Estate Jewellers and by not safeguarding the proceeds from the sale of the Jewelry. Such breach
Noble and William Noble Rare Jewels deliberately made false and misleading
representations to Intervenor that Noble and William Noble Rare Jewels would hold Intervenor’s
Jewelry on consignment and safeguard the proceeds for Intervenor’s benefit pursuant to the
terms of the Consignment Agreement. When the representations ware made, Noble and William
Noble Rare Jewels knew they were false or made them recklessly without any knowledge of the
truth and as a positive assertion. Noble and William Noble Rare Jewels made the representations
with the intent that Intervenor should act upon it. Intervenor acted in reliance on the
representations.
Noble and William Noble Rare Jewels also failed to disclose material facts within their
knowledge by failing to inform Intervenor that Noble and William Noble Rare Jewels intended
to give possession of the Jewelry to another party without any safeguards to protect Intervenor’s
ownership rights in the Jewelry. Noble and William Noble Rare Jewels knew that Intervenor was
ignorant of those facts and did not have an equal opportunity to discover the truth. Noble and
William Noble Rare Jewels intended to induce Intervenor to pay the sum of $2,425,000.00 to
Noble and William Noble Rare Jewels by failing to disclose those facts. Intervenor suffered
damages as set forth below as a result of acting without knowledge of the undisclosed facts.
$2,425,000.00 to Noble and William Noble Rare Jewels if he had known of Noble’s and William
Noble Rare Jewels’ false representations and omissions. Noble and William Noble Rare Jewels
Noble and William Noble Rare Jewels were negligent in the securing of Intervenor’s title
to the Jewelry and negligent in entrusting possession of the Jewelry to Dumouchelle and
Dumouchelle Fine & Estate Jewellers without taking proper steps to secure the jewelry to
Noble and William Noble Rare Jewels also provided false information to Intervenor as
set forth above. In doing so, Noble and William Noble Rare Jewels violated the duty owed to
Intervenor by failing to exercise reasonable care and competence in supplying that false
information to Intervenor. Noble and William Noble Rare Jewels supplied the false information
for Intervenor’s benefit and guidance, knowing that Intervenor would in fact rely on it.
Intervenor reasonably and justifiably relied on the false information provided by Noble and
William Noble Rare Jewels when Intervenor entered into the Consignment Agreement and paid
The foregoing acts of Noble and William Noble Rare Jewels, taken separately or
collectively, constitute a direct and proximate cause of Intervenor’s damages set forth below.
E. Conversion – Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate
Jewellers, and Dumouchelle.
Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate Jewellers, and
Dumouchelle unlawfully and without authority assumed dominion and control of Intervenor’s
Noble Rare Jewels, Dumouchelle Fine & Estate Jewellers, and Dumouchelle have converted
Intervenor’s Jewelry. Such conversion proximately caused damages to Intervenor as set forth
below.
F. Civil Theft – Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate
Jewellers, and Dumouchelle.
Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate Jewellers, and
Intervenor of that Jewelry. Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate
Jewellers, and Dumouchelle conduct as set forth above constitutes Civil Theft. TEX. CIV. PRAC.
& REM CODE § 134.001 et. seq.; TEX. PENAL CODE § 31.03. Intervenor hereby seeks to recover
the fair market value of that Jewelry from Noble, William Noble Rare Jewels, Dumouchelle Fine
& Estate Jewellers, and Dumouchelle and, in addition to actual damages, damages awarded by
G. Accounting – Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate
Jewellers, and Dumouchelle.
Intervenor and William Noble Rare Jewels entered into the Consignment Agreement
whereby William Noble Rare Jewels agreed to the consignment of Intervenor’s Jewelry and to
pay Intervenor as set forth above upon the sale of each item of Jewelry. William Noble Rare
Jewels breached that agreement by transferring some if not all of the Jewelry to Dumouchelle
and Dumouchelle Fine & Estate Jewellers. As such, Intervenor seek an accounting of the books
and records of Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate Jewellers, and
Dumouchelle related to the Jewelry including but not limited to a complete accounting of the
As a direct and proximate cause of Noble, William Noble Rare Jewels, Dumouchelle
Fine & Estate Jewellers, and Dumouchelle actions as set forth above, Intervenor has suffered
damages in the amount of at least $2,437,544.85 representing Intervenor’s return of capital plus
the expected profit as set forth in the Consignment Agreement, for which amount Intervenor
herby seeks to recover against Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate
The conduct set forth above by Noble, William Noble Rare Jewels, Dumouchelle Fine &
Estate Jewellers, and Dumouchelle was engaged in knowingly with actual awareness and intent,
maliciously and negligently. As a result, Intervenor seeks the recovery of punitive damages
against Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate Jewellers, and
VI.
Attorney Fees
Intervenor further seeks the recovery of his reasonable and necessary attorney fees
against Noble, William Noble Rare Jewels, Dumouchelle Fine & Estate Jewellers, and
Dumouchelle, jointly and severally, pursuant to pursuant to sections 38.001 and/or 134.005(b) of
Intervenor incorporates herein the above and foregoing paragraphs and rely upon same as
if fully copied and set forth herein under, and further adds the following.
Intervenor seeks a writ of sequestration against Noble, William Noble Rare Jewels,
Dumouchelle Fine & Estate Jewellers, and Dumouchelle, jointly and severally. The property
(1) 17.25 carat Natural Fancy Faint Pink Diamond Ring in 18 Karat Rose
Gold. Internally flawless clarity. GIA certified. 1.44 carats total weight of
round pink diamonds in the mounting. #100-10-15880.
(3) 12.51 carat Emerald Cut Diamond Ring in Platinum. F color, WS2
clarity, GIA certified. Flanked by two trapezoid diamonds, 1.59 carats total
weight. #100-10-16030. (collectively the “Jewelry”)(true and correct
photographs of the jewelry is attached hereto as Exhibit “B” and
incorporated herein).
The reasonable fair market value of this property equals $2,437,544.85 at the time of
filing this application. The property is located in Dallas County, Texas, or Birmingham,
Michigan, or both.
Noble Rare Jewels whereby William Noble Rare Jewels agreed to the consignment of
Intervenor’s Jewelry and to pay Intervenor as set forth above upon the sale of each item.
William Noble Rare Jewels breached that agreement by giving possession of some if not all of
the Jewelry to Dumouchelle and Dumouchelle Fine & Estate Jewellers, and by not paying any
Jewels in this lawsuit, as well as by conversations Intervenor has had with William Noble, there
is immediate danger that Noble, William Noble Rare Jewels and Dumouchelle Fine & Estate
Jewellers will conceal and sell Intervenor’s Jewelry and not pay the proceeds to Intervenor as
issued against Noble, William Noble Rare Jewels and Dumouchelle Fine & Estate Jewellers
Court grant his application for a Writ of Sequestration, and to order the clerk of the Court to
issue a Writ of Sequestration as set forth above and that Intervenor recover on his Plea in
Intervention as set forth above, plus prejudgment and post-judgment interest together with all
Respectfully submitted,
Noble would sell them on consignment. Noble represented to me that he had identified three
such items, but Mr. Simmons had passed away. Noble solicited me to purchase the three items
of jewelry and put them on consignment with Noble. Relying entirely on Noble and his
Accordingly, on or about July 20, 2017, I entered into a Consignment Agreement with
William Noble Rare Jewels, L.P. (“William Noble Rare Jewels”). (a true and correct copy of
the Consignment Agreement is attached hereto as Exhibit “A” and incorporated herein by
reference).
Pursuant to the Consignment Agreement, I purchased the following jewelry from William
Noble Rare Jewels for the purchase price of $2,425,000.00 and then consigned that jewelry to
(1) 17.25 carat Natural Fancy Faint Pink Diamond Ring in 18 Karat Rose
Gold. Internally flawless clarity. GIA certified. 1.44 carats total weight of
round pink diamonds in the mounting. #100-10-15880.
(3) 12.51 carat Emerald Cut Diamond Ring in Platinum. F color, WS2
clarity, GIA certified. Flanked by two trapezoid diamonds, 1.59 carats total
weight. #100-10-16030. (collectively the “Jewelry”)(true and correct
photographs of the jewelry is attached hereto as Exhibit “B” and
incorporated herein).
Further pursuant to the Consignment Agreement, upon the sale of each of the items of
Jewelry by William Noble Rare Jewels, profit would be split 50/50 after any incurred
marketing costs or sales commissions, if applicable, and my cost of funds which is equal
to the overnight LIBOR rate plus 1.1% (presently 2% per annum) but is subject to
not been sold by January 31, 2019, then upon my request, Noble will purchase the unsold
item(s) of Jewelry from me at my cost, plus my cost of funds (equal to overnight LIBOR
plus 1.1%).
Noble instructed me to fund the $2,425,000.00 transaction through William Noble Rare
Jewels. In complete trust and reliance on Noble’s representation that such funds would be all
used to purchase for me the Jewelry, I wired the $2,425,000.00 to William Noble Rare Jewels
instead of to whomever the seller of the Jewelry were alleged to be. However, to date, William
Noble Rare Jewels has never provided any proof that: (a) all the funds were in fact used to
purchase the Jewelry (b) that title to the Jewelry were taken in my name, or (c) any of the other
promised actions such as making me a named insured. As set forth below, I later demanded an
For about the first eighteen months after entering into the Consignment Agreement,
Noble told me that William Noble Rare Jewels did not sell any of the Jewelry. As time went on
and the eighteen-month consignment term neared, Noble began representing to me that one of
the three items, the large pink diamond, had somehow been delivered into the possession of
someone in Detroit (who I later learned was Joseph Dumouchelle (“Dumouchelle”) and Joseph
Dumouchelle Fine & Estate Jewellers, L.L.C. (“Dumouchelle Fine & Estate Jewellers”)). I
never consented to Noble giving possession of the Jewelry to Dumouchelle and Dumouchelle
Fine & Estate Jewellers. Around that same time, Noble represented to me that Dumouchelle and
Dumouchelle Fine & Estate Jewellers were wrongfully retaining possession of the pink diamond
Jewels to provide an accounting related to the Jewelry by providing the following information:
(1) proof that all my funds went to the seller(s) of the Items,
(2) proof in the form of a bill of sale and other documentation showing that the Items are
titled to me and otherwise unencumbered,
(3) A certificate of insurance showing me to be a named insured for the Items. And
(4) Proof that I am the “vendor” of the Items pursuant to the Consignment Agreement. (a
true and correct copy of the demand is attached hereto as Exhibit “C” and
incorporated herein).
I also gave notice to Noble and William Noble Rare Jewels of William Noble Rare Jewels’
Noble and William Noble Rare Jewels failed and refused to provide such an accounting.
Instead, my demand led to a flurry of changed stories and excuses; but no accounting. Now
Noble claims that all three jewelry items were wrongfully held by Dumouchelle and
Dumouchelle Fine & Estate Jewellers instead of just the pink diamond. Noble could not or
would not give me any specifics as to how or why Dumouchelle and Dumouchelle Fine & Estate
Jewellers came into possession of my Jewelry in the first place. Noble simply insisted that he
would sue Dumouchelle and Dumouchelle Fine & Estate Jewellers to get it all back. Noble filed
this lawsuit without meaningful consultation with me, and never explained why Noble would
bring this suit for Jewelry that Noble did not own, but rather was owned by me. Noble later
claimed one piece (the large white diamond piece) was sold, presumably by Dumouchelle. I’ve
also heard the earrings are still in the possession of Noble, but I do not know that for a fact.
Dumouchelle and Dumouchelle Fine & Estate Jewelers has sold some, if not all, of the Jewelry
but has failed and refused to pay the proceeds or return the unsold Jewelry to William Noble