DALLAS (CN) - The founder of W.R. Starkey Mortgage faces a demand for his medical records in the fraud complaint against partners who allegedly ousted him.
William Starkey Jr. sued the Plano-based company and partners John Aspinwall and Scott Benson in June in Dallas County Court. He claims the men took advantage of his epilepsy condition to seize control of the company and push him out for little to nothing.
The company allegedly grew under Starkey's stewardship to one of the top 25 mortgage firms in the country, from humble beginnings 11 years ago with only $1 million and two other employees.
It had its best year in 2009, when it processed $4 billion in loans and made more than $25 million in net income, according to the complaint.
Aspinwall and Benson allegedly own approximately 14 percent of the company. On Tuesday, the men filed a motion to compel document production with Judge Tonya Parker, arguing they can go after the records because Starkey opened the door.
"Because of these allegations, and a count of intentional infliction of emotional distress asserted against the defendants, Starkey has put his physical and mental health at issue in this case," the five-page motion states.
Among other things, the men are asking for all medical and mental health records since 2000. They also seek all documents referencing Starkey's health, mental condition and epilepsy during that time frame.
"To date, Benson and Aspinwall have not received any documents relating to Starkey's medical or mental condition," according to the motion authored by Crouch Ramey attorney Cole Ramey. "Instead, he has simply ignored Aspinwall and Benson's counsel's repeated requests for the documents."
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