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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 just become a certified insurance coverage representative, Lockhart started referring and introducing potential group health, term life, and long-term care insurance coverage clients to Sheppard, who at one point later worked for the Stevens Group, a competitor of Mc, Curley's firm.

A few of the clients who Lockhart referred or introduced to Sheppard were existing Mc, Curley home and casualty consumers who were being serviced by authorized referral markets. Also in August of 2008, Lockhart produced a Web domain name for his side service, Lockhart Associates. He communicated with Sheppard with an email address with the Lockhart Associates domain.

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In this respect, in 2007 Lockhart got and was reappointed as an agent 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 authorization to participate in them on the side.

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Lockhart did admit that in February of 2009 he obtained Mc, Curley clients to buy long-term care Lockhart v. Mc, Curley Page 3 insurance from Mass, Mutual through Sheppard. After Mc, Curley found out of Lockhart's side dealings, he fired Lockhart on April 23, 2009. Afterwards, Lockhart's computer at Mc, Curley's company was analyzed, and it was identified that Lockhart had copied private information onto a thumb drive about ten days before he was fired.

Lockhart also admitted that, after he was terminated, he caused or tried to trigger Mc, Curley clients who had been his clients to move their organization far from Mc, Curley. Sanctions Mc, Curley sued Lockhart five weeks after firing him and acquired a temporary restraining order. After Keep Checking Back Here , the trial court entered a momentary injunction, which was attracted 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 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 compel discovery reactions in February of 2010. The movements also sought sanctions in the form of attorney's charges and extra sanctions as are just.