You are on page 1of 24

FILED

DALLAS COUNTY
2/1/2019 9:25 AM
FELICIA PITRE
DISTRICT CLERK

Angie Avina
CAUSE NO. DC-19-00264

DONALD P. KIVOWITZ § IN THE DISTRICT COURT


§
Intervenor/Third-Party Plaintiff §
vs. §
§
WILLIAM NOBLE RARE JEWELS, L.P. §
§
Plaintiff §
§
vs. § 116TH JUDICIAL DISTRICT
§
JOSEPH DUMOUCHELLE FINE & §
ESTATE JEWELLERS, L.L.C AND §
JOSEPH DUMOUCHELLE §
§
Defendant §
§
vs. §
§
WILLIAM M. NOBLE, JR. §
§
Third-Party Defendant § DALLAS COUNTY, TEXAS

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION

COMES NOW, Donald P. Kivowitz, Intervenor/Third-Party Plaintiff, and files his Plea

in Intervention, Third-Party Petition, and Application for Writ of Sequestration, as follows:

I.
Parties

1. Intervenor/Third-Party Plaintiff (hereinafter “Intervenor”)is an individual

resident of the State of Texas.

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.

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 1 OF 13
3. Defendant Joseph Dumouchelle Fine & Estate Jewellers, L.L.C. (“Dumouchelle

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

Reyna, at 400 Renaissance Center, Suite 3400, Detroit, Michigan, 48009.

4. Defendant Joseph Dumouchelle (“Dumouchelle”) is an individual nonresident of

the State of Texas and may be served with process by serving him at 251 E. Merrill Street, Suite

236, Birmingham, Michigan.

5. Third-Party Defendant William M. Noble, Jr. (“Noble”) is an individual resident

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

Intervenor affirmatively pleads that discovery should be conducted in accordance with a

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

monetary relief over $1,000,000.00.

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

jewelry is made the subject matter of this action.

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 2 OF 13
V.
Intervenor’s Claims

Intervenor is a retired businessman with no experience in the jewelry business. He was

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.

Accordingly, on or about July 20, 2017, Intervenor entered into a Consignment

Agreement with 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, Intervenor purchased (or thought he purchased)

the following jewelry from William Noble Rare Jewels for the purchase price of $2,425,000.00

and then consigned that jewelry to William Noble Rare Jewels -

(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.

(2) 36.15 carats of 58 Emerald Cut Diamond Hoops in 18 Karat White


Gold. 58 emerald cut diamonds, D-F color, IF-VS2 clarity, all GIA
certified. # 300-10-8 066

(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).

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 3 OF 13
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 Intervenor’s cost of funds

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

Intervenor’s cost of funds (equal to overnight LIBOR plus 1.1%).

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

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 4 OF 13
were wrongfully retaining possession of the pink diamond and that Noble was trying to get it

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

Jewels’s obligation to purchase the Jewelry from Intervenor.

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

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 5 OF 13
by Dumouchelle. Intervenor also heard the earrings are still in the possession of Noble, but

Intervenor does not know that for a fact.

According to Plaintiff’s First Amended Original Petition filed in this lawsuit,

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.

A. Breach of Contract - William Noble Rare Jewels.

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

with William Noble Rare Jewels.

B. Breach of Fiduciary Duty – Noble and William Noble Rare Jewels.

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

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 6 OF 13
a fiduciary duty to Intervenor to safeguard the Jewelry and any proceeds from the sale of the

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

has been a proximate cause of Intervenor’s damages set forth below.

C. Fraud – Noble and William Noble Rare Jewels.

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.

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 7 OF 13
Intervenor never would have entered into the Consignment Agreement and paid

$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

conduct constitutes common law fraud.

D. Negligence and Negligent Misrepresentation – 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

prevent was has apparently occurred.

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

$2,425,000.00 to Noble and William Noble Rare Jewels.

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

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 8 OF 13
Jewelry to the exclusion of Intervenor’s rights in this property. In doing so, Noble, William

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

Dumouchelle unlawfully appropriated Intervenor’s Jewelry with criminal intent to deprive

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

the trier of fact in a sum not to exceed $ 1,000.00.

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

transfer and any sale of the Jewelry.

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 9 OF 13
V.
Damages

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

Jewellers, and Dumouchelle, jointly and severally.

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

Dumouchelle, jointly and severally.

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

the Texas Civil Practice and Remedies Code.

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 10 OF 13
VII.
APPLICATION FOR WRIT OF SEQUESTRATION

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

made the subject of this application is described as follows:

(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.

(2) 36.15 carats of 58 Emerald Cut Diamond Hoops in 18 Karat White


Gold. 58 emerald cut diamonds, D-F color, IF-VS2 clarity, all GIA
certified. # 300-10-8 066

(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.

Pursuant to the Consignment Agreement, Intervenor consigned the Jewelry to William

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

proceeds over to Intervenor pursuant to the Consignment Agreement.

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 11 OF 13
As shown by the Plaintiff’s First Amended Original Petition filed by William Noble Rare

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

required by the Consignment Agreement. As such, Intervenor requests a Writ of Sequestration be

issued against Noble, William Noble Rare Jewels and Dumouchelle Fine & Estate Jewellers

ordering them to turn over the Jewelry to the appropriate Sheriff.

This application is also supported by the Affidavit of Donald P. Kivowitz, attached

hereto and incorporated herein.

WHEREFORE, PREMISES CONSIDERED, Intervenor respectfully requests that the

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

costs appropriately recoverable, and all other relief to which he is entitled.

Respectfully submitted,

BUSCH, RUOTOLO & SIMPSON, LLP

/s/ Alan L. Busch


Alan L. Busch
State Bar No. 03491600
busch@buschllp.com
Robert Ruotolo
Texas Bar Number 17398700
ruotolo@buschllp.com

1700 Pacific Avenue, Suite 2320


Dallas, Texas 75201
Telephone: 214-855-2880
Facsimile: 214-855-2871
Attorneys for Intervenor/Third-Party
Plaintiff

PLEA IN INTERVENTION, THIRD-PARTY PETITION,


AND APPLICATION FOR WRIT OF SEQUESTRATION PAGE 12 OF 13
30th
jewelry of very high value, Simmons would purchase those items identified by Noble, and then

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

expertise in the jewelry industry, I agreed.

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

William Noble Rare Jewels -

(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.

(2) 36.15 carats of 58 Emerald Cut Diamond Hoops in 18 Karat White


Gold. 58 emerald cut diamonds, D-F color, IF-VS2 clarity, all GIA
certified. # 300-10-8 066

(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

DECLARATION OF DONALD P. KIVOWITZ PAGE 2 OF 5


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 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

accounting of Noble, but Noble has failed to do so.

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

and that Noble was trying to get it back.

DECLARATION OF DONALD P. KIVOWITZ PAGE 3 OF 5


On or about January 15, 2019, I 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).

I also gave notice to Noble and William Noble Rare Jewels of William Noble Rare Jewels’

obligation to purchase the Jewelry from me pursuant to the Consignment Agreement.

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.

According to Plaintiff’s First Amended Original Petition filed in this lawsuit,

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

DECLARATION OF DONALD P. KIVOWITZ PAGE 4 OF 5


EXHIBIT "A"