“Motion for Protective Order is DENIED.”
23XI Racing and Front Row Motorsports are suing NASCAR under antitrust claims. The trial is set to begin on December 1st of this year after a lengthy back-and-forth leading up to the trial.
Last week, NASCAR Cup Series team owners Rick Hendrick and Roger Penske both asked the courts that they not be called in during the trial. And if they were, they asked that the questions be limited in their score.
NASCAR also requested limitations on the depose of Rick Hendrick and Roger Penske.
Today, Judge Bell has denied the team owner’s request in full. Both Roger Penske and Rick Hendrick can be called to the trial with zero limits on their questions at the stand from either side.
Rick Hendrick and Roger Penske ask not to be involved in the NASCAR lawsuit
Court documents
“This matter is before the Court on the Motion for Protective Order filed by Rick Hendrick; Roger Penske; Hendrick Motorsports, LLC; Penske Racing South, Inc. and HMS Holding, LLC, which seeks to either prohibit or limit Mr Hendrick’s and Mr. penske’s depositions and trial testimony.”
“(Doc. No. 414). As the Court has repeatedly said, the trial of this matter will be publicly and fairly contested under the relevant rules and law, without regard to the notoriety of the companies and individuals involved. No company or individual will be accorded special treatment (which is effectively what movants request here).”
“NASCAR has told Plaintiffs and now the Court, (Doc. No. 423), that Mr Hendrick and Mr. Penske will be called as witnesses for NASCAR at trial.”
“Therefore, unless NASCAR irrevocably commits not to call these individuals as trial witnesses, then Plaintiffs have the right to promptly depose them before trial and cross-examine them at trial within the governing Federal Rules, without limitation.”
“The movants’ Motion for Protective Order is DENIED.”
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Links
NASCAR | Joe Gibbs Racing | 23XI Racing | Front Row Motorsports