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Mc, Curley Page 2 broker), which broker would usually split the commission with Mc, Curley. In August of 2008, after Lockhart's then-girlfriend Jody Sheppard had simply end up being a licensed insurance coverage agent, Lockhart began referring and presenting potential group health, term life, and long-lasting care insurance clients to Sheppard, who at one point later on worked for the Stevens Group, a competitor of Mc, Curley's agency.

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

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In this regard, in 2007 Lockhart made an application for and was reappointed as a representative for Illinois Mutual Life, with whom he had a preexisting relationship. Lockhart confessed that did not disclose any of these side dealings to Mc, Curley or get Mc, Curley's permission to engage in them on the side.

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Lockhart did admit that in February of 2009 he got Mc, Curley clients to buy long-lasting care Lockhart v. Mc, Curley Page 3 insurance coverage from Mass, Mutual through Sheppard. After Read This , Curley learned of Lockhart's side transactions, he fired Lockhart on April 23, 2009. Thereafter, Lockhart's computer system at Mc, Curley's agency was examined, and it was determined that Lockhart had actually copied secret information onto a thumb drive about 10 days prior to he was fired.

Lockhart also confessed that, after he was terminated, he caused or tried to trigger Mc, Curley customers who had been his clients to move their service far from Mc, Curley. Sanctions Mc, Curley sued Lockhart 5 weeks after firing him and acquired a temporary restraining order. After a hearing, the trial court went into a momentary injunction, which was interested this court (and verified on March 10, 2010).

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Mc, Curley, No. 10-09-00240-CV, 2010 WL 966029 (Tex. App. Waco Mar. 10, 2010, no animal.) (mem. op.). Meanwhile, Mc, Curley served discovery (ask for admission and production and interrogatories) on Lockhart. Mc, Curley filed three movements to force discovery responses in February of 2010. The motions likewise sought sanctions in the form of attorney's charges and additional sanctions as are simply.