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Mc, Curley Page 2 broker), and that broker would normally divide 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 representative, Lockhart began referring and presenting prospective group health, term life, and long-lasting care insurance customers to Sheppard, who at one point later worked for the Stevens Group, a competitor of Mc, Curley's firm.

A few of the customers who Lockhart referred or presented to Sheppard were existing Mc, Curley home and casualty customers who were being serviced by licensed referral markets. Likewise in August of 2008, Lockhart developed a Web domain for his side business, 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 made an application for and was reappointed as an agent for Illinois Mutual Life, with whom he had a preexisting relationship. Learn More Here confessed that did not disclose any of these side negotiations to Mc, Curley or get Mc, Curley's authorization to participate in them on the side.

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Lockhart did admit that in February of 2009 he got Mc, Curley customers to purchase long-term 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. Thereafter, Lockhart's computer at Mc, Curley's agency was taken a look at, and it was determined that Lockhart had actually copied private information onto a thumb drive about 10 days prior to he was fired.

Lockhart likewise confessed that, after he was ended, he caused or tried to cause Mc, Curley clients who had been his customers to move their organization far from Mc, Curley. Sanctions Mc, Curley took legal action against Lockhart 5 weeks after firing him and acquired a temporary restraining order. After a hearing, the trial court entered a momentary injunction, which was attracted this court (and affirmed 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 pet.) (mem. op.). On the other hand, Mc, Curley served discovery (ask for admission and production and interrogatories) on Lockhart. Mc, Curley submitted 3 motions to force discovery responses in February of 2010. The motions likewise looked for sanctions in the type of lawyer's costs and extra sanctions as are just.