PUBLIC CASE REPOSITORY

VERBATIM TRANSCRIPTION: PAGES 11-17 OF 17

COUNT 1 - BREACH OF CONTRACT

40. Plaintiff incorporates the foregoing Paragraphs 1-39 as if fully re-stated herein.

41. Plaintiff and Defendant executed and entered into valid and enforceable contracts (the Non-Solicitation Agreement, the Nondisclosure Agreement, and the Settlement Agreement, collectively referred to herein as the "Contracts") governing their relationship. Pursuant to those Contracts, Defendant agreed, inter alia, not to solicit Plaintiff's Clients, interfere with Plaintiffs business relationships, compete with Plaintiff's business, disclose Plaintiff's or Clients' Confidential Information, or disparage Plaintiff or its affiliates, and further agreed to return all of Plaintiff's Confidential Information upon leaving his employment with Plaintiff.

42. Plaintiff performed all of its obligations under the Contracts or its performance was excused.

43. Defendant breached the Contracts as further described herein supra.

44. Defendant's breach of the Contracts caused Plaintiff to incur damages.

COUNT 2 - APPLICATION FOR TEMPORARY RESTRAINING ORDER

Plaintiff asks the Court to enter a temporary order directing Defendant to:

a. Return to Plaintiff (without keeping or maintaining any copies of any kind or format) all of Plaintiff's Confidential Information as such is defined in the Contracts. This information would include, but is in no way limited to, any work product created or developed by Defendant during the course of his employment with Plaintiff, pricing lists, videos, coaching sessions, training materials, customer lists, "six week sprint" type materials developed by Defendant during the time of his employment with Plaintiff whether created for Plaintiff or any other person or entity, and curricula developed by Defendant based in whole or in part on Plaintiff's Confidential or proprietary information;

b. Cease and desist from using, sharing, disseminating, posting, or facilitating, or encouraging others to use, share, disseminate, or post, any of Plaintiff's Confidential or proprietary information or anything based in whole or in part on Plaintiff's Confidential or proprietary information;

c. Cease and Desist from communicating in any way, or facilitating or encouraging others to communicate in any way, with Plaintiff's current or former Clients;

d. Cease and Desist from communicating in any way, or facilitating or encouraging others to communicate in any way, with Plaintiff's current employees;

e. Deposit all funds received or originating from any of Plaintiff's current or former Clients into the Court's registry pending the outcome of this lawsuit;

f. Refrain from making, publishing, communicating, or posting on social media or any internet site any disparaging remark relating to Plaintiff (excepting statements made privately and with a legally recognized privilege), or facilitating or encouraging others to do so.

45. Plaintiff's application for a temporary restraining order is authorized by Texas Civil Practice & Remedies Code § 65.011(1), (3) because Plaintiff is entitled to the relief demanded and all or part of the relief requires the restraint of Defendant's actions which are prejudicial to Plaintiff, and/or Plaintiff is entitled to a writ of injunction under the principles of equity and the statutes of the State of Texas relating to injunctions.

46. It is probable that Plaintiff will recover from Defendant after a trial on the merits because Plaintiff is in possession of admissions made by Defendant which clearly establish that Defendant took the actions alleged in this pleading. Specifically, Plaintiff will be able to show through videoconferencing transcripts, emails, and various other documents that (1) Defendant communicated with Plaintiff's Clients about terminating the Clients relationship with Plaintiff, (2) Defendant provided Plaintiff's Confidential Information to one or more competing businesses, (3) Defendant formed and promoted a competing business while employed by Plaintiff, and (4) Defendant likely received financial benefit either directly from Plaintiff's current or former Clients or indirectly through an intermediary.

47. If Plaintiff's application is not granted, harm is imminent because Defendant intends to "launch" his competing business on January 1, 2026, and admitted that he has already formed the business and set up a tax identification number and a bank account for the competing business. In addition to the losses in revenue already sustained by the past departure of Plaintiff's Clients as a result of Defendant's actions, Defendant has expressed a desire and intent to continue recruiting Plaintiff's Clients for his new business which will cause further economic losses to Plaintiff. Moreover, Defendant has expressed an intent to continue releasing Plaintiff's confidential and proprietary information to others.

48. The harm that will result if the temporary restraining order is not issued is irreparable because once Plaintiff's confidential or proprietary information is released especially if released on an internet-based website this information cannot be retracted, and will damage Plaintiff's business by providing to competing entities information not widely known or available to the public which provides Plaintiff a competitive edge which will be lost if same is shared with competitors. Moreover, Plaintiff and Defendant have contractually agreed that violations of the parties' Contracts would result in irreparable damage.

49. Plaintiff has no adequate remedy at law because Plaintiff's damages relating to the release of confidential or proprietary information cannot be calculated, and Defendant has repeatedly complained in writing that he lacks adequate financial resources, supporting that Defendant would be unable to pay such damages.

REQUEST FOR TEMPORARY & PERMANENT INJUNCTION

50. Plaintiff asks the Court to set its application for temporary injunction for a hearing and, after the hearing, issue a temporary injunction against Defendant.

51. Plaintiff asks the Court to set its request for a permanent injunction for a full trial on the merits and, after the trial, issue a permanent injunction against Defendant.

ATTORNEY'S FEES & JURY DEMAND

52. Defendant is entitled to and hereby seeks an award of attorneys' fees against Plaintiff under §38.001 of the Texas Civil Practice and Remedies Code and pursuant to the terms of the parties' Contracts.

53. Pursuant to Rule 216 of the TEXAS RULES OF CIVIL PROCEDURE, Defendant hereby formally makes demand and application for a trial by jury.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff asks that Defendant be cited to appear and answer and, on final trial, that Plaintiff be awarded a judgment against Defendant for the following: a. Temporary restraining order; b. Temporary injunction; c. Permanent injunction; d. Actual damages and attorneys' fees; e. Prejudgment and postjudgment interest; f. Court costs; and g. All other relief to which Plaintiff is entitled.

Respectfully submitted,
DUBOIS, BRYANT & CAMPBELL, LLP
/s/ William S. Rhea
William S. Rhea (State Bar No. 16807100)
Melissa Carr (State Bar No. 24065008)
ATTORNEYS FOR PLAINTIFF

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VERIFICATION

STATE OF TEXAS | HAYS COUNTY

Before me, the undersigned notary, on this day personally appeared Todd Liles, the affiant, whose identity is known to me. After I administered an oath, affiant testified as follows:

"My name is Todd Liles. I am capable of making this verification. I have read the Plaintiff's Original Petition and Application for Temporary Injunction, Paragraphs 6 through 39. The facts stated in it are within my personal knowledge and are true and correct."

/s/ Todd Liles
Sworn to and subscribed before me by Todd Liles on December 19, 2025.