Rick Hendrick and Roger Penske are seeking not to be deposed in NASCAR\u2019s antitrust lawsuit, or at least, for there to be limits to any testimony they have to give.<\/p>\n
A protective order prohibiting depositions or otherwise imposing guardrails on their testimony was filed Friday in federal court. NASCAR is being sued by two of its teams, 23XI Racing and Front Row Motorsports, and Hendrick and Penske previously provided declarations in the matter. But the two team owners are looking to avoid any further involvement.<\/p>\n
\u201cIn keeping with the adage that \u2018no good deed goes unpunished,\u2019 Movants find themselves, quickly and without much warning, in the unenviable position of being offered to give expansive and unnecessary deposition testimony as a result of wrangling between the parties to a lawsuit that should have been settled long before now,\u201d the motion states. \u201c \u2026 Hendrick and Penske, in view of their decades-long relationship with Jim France, agreed to give limited testimony regarding non-confidential matters at the trial of this case, but in a way that did not force them to \u2018take sides\u2019 in this lawsuit \u2013 something which both men have made clear that they cannot and will not do.<\/p>\n
\u201cThat has now morphed into an effort by the Plaintiffs to seek testimony potentially regarding HMS\u2019 and Penske\u2019s highly confidential financial and other business information.\u201d<\/p>\n
23XI Racing and Front Row Motorsports are the ones who want to depose Hendrick and Penske. But the motion states that the information the two teams want is \u201cin large part tracks\u201d with what NASCAR was previously prevented from receiving earlier this year. At that time, the Court denied NASCAR access to any financial information other than that which was anonymous and untraceable.<\/p>\n
However, as Hendrick and Penske are now arguing, \u201cThe testimony that Plaintiffs now seek will undermine the entirety of the Court\u2019s decision as related to HMS and PRS and potentially all of the Partiers (or the media or general public) to \u2018reverse engineer\u2019 the anonymized team information to back out HMS and PRS in an effort to identify the sources of the other team information.<\/p>\n
\u201cTo be clear, neither Mr. Hendrick nor Mr. Penske would have agreed to give any testimony under these circumstances. Now they find themselves being used as bargaining chips in this litigation.\u201d<\/p>\n
Should the Court allow the depositions, Hendrick and Penske have asked that the guardrails limit them to what was already in their respective declarations.<\/p>\n","protected":false},"excerpt":{"rendered":"Rick Hendrick and Roger Penske are seeking not to be deposed in NASCAR\u2019s antitrust lawsuit, or at least,…\n","protected":false},"author":2,"featured_media":269585,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[446],"tags":[49,48,634,82],"class_list":{"0":"post-269584","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-nascar","8":"tag-ca","9":"tag-canada","10":"tag-nascar","11":"tag-sports"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/269584","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=269584"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/269584\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/269585"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=269584"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=269584"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=269584"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}