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Mc, Curley Page 2 broker), and that broker would typically split the commission with Mc, Curley. In August of 2008, after Lockhart's then-girlfriend Jody Sheppard had just end up being a certified insurance coverage agent, Lockhart started referring and presenting prospective group health, term life, and long-term care insurance consumers to Sheppard, who at one point later on worked for the Stevens Group, a rival of Mc, Curley's company.

Some of the clients who Lockhart referred or presented to Sheppard were existing Mc, Curley property and casualty clients who were being serviced by authorized referral markets. Likewise in August of 2008, Lockhart developed a Web domain name for his side company, Lockhart Associates. He interacted with Sheppard with an e-mail address with the Lockhart Associates domain.

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In this respect, in 2007 Lockhart looked for and was reappointed as a representative for Illinois Mutual Life, with whom he had a preexisting relationship. Lockhart confessed that did not reveal any of these side negotiations to Mc, Curley or obtain Mc, Curley's approval to participate in them on the side.

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Lockhart did admit that in February of 2009 he solicited Mc, Curley consumers to buy long-lasting care Lockhart v. Mc, Curley Page 3 insurance coverage from Mass, Mutual through Sheppard. After Mc, Curley discovered of Lockhart's side dealings, he fired Lockhart on April 23, 2009. Afterwards, Lockhart's computer at Mc, Curley's agency was examined, and it was figured out that Lockhart had copied secret information onto a thumb drive about 10 days prior to he was fired.

Lockhart also admitted that, after he was ended, he caused or attempted to cause Mc, Curley clients who had actually been his customers to move their organization far from Mc, Curley. Sanctions Mc, Curley took legal action against Lockhart five weeks after firing him and obtained a temporary restraining order. After a hearing, the high court got in a short-term injunction, which was appealed to this court (and affirmed on March 10, 2010).

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Mc, Curley, No. 10-09-00240-CV, 2010 WL 966029 (Tex. App.  Read This , 2010, no family pet.) (mem. op.). On the other hand, Mc, Curley served discovery (demands for admission and production and interrogatories) on Lockhart. Mc, Curley filed 3 motions to force discovery reactions in February of 2010. The motions likewise looked for sanctions in the type of attorney's costs and extra sanctions as are simply.