Prior to the weekend, Joe Gibbs Racing notified both Spire Motorsports and Chris Gabehart that it intended to amend and refile its lawsuit against them both.<\/p>\n
As a result, their intended responses to the lawsuit due on Monday is no longer necessary. The below in italics is taken from the notice to the Western District of North Carolina. \u00a0<\/p>\n
\u201cDefendants requested JGR provide a copy of the proposed Second Amended Complaint so they could determine whether to consent to its filing. JGR agreed to provide a copy of the proposed Second Amended Complaint as soon as practicable.<\/p>\n
\u201cUpon receipt of Plaintiff\u2019s proposed Second Amended Complaint, Defendants will promptly inform JGR whether they will consent to the filing of the Second Amended Complaint. Absent agreement, JGR intends to file a Motion for Leave to File a Second Amended Complaint promptly.\u201d<\/p>\n
The first version of the lawsuit was filed against Gabehart on February 19. It claimed damages of $8 million dollars against its longtime engineer and crew chief turned competition director over an alleged \u2018brazen scheme\u2019 to steal proprietary data and share with new employer Spire Motorsports.<\/p>\n
Read Also:<\/p>\n
To date, JGR has proven that Gabehart ‘misappropriated’ such data by storing it on his personal devices but has not proven that it was shared with Spire or any other entity within the sport.\u00a0JGR amended its complaint on February 24 to also include Spire as a defendant, alleging breach of contract and tampering with Gabehart’s non-compete.<\/p>\n
It’s a non-compete that Gabehart claims he was not subject to \u00a0because JGR voided their agreement. JGR claims that Gabehart voided first through misappropriation.\u00a0 \u00a0 <\/p>\n
Both defendants have denied wrongdoing and have defended their position during numerous hearings over the course of the spring. How Joe Gibbs Racing would expand its lawsuit currently remains unclear until that filing is made with the court. \u00a0<\/p>\n
Read Also:<\/p>\n
Trial timeline disagreement<\/p>\n
\u00a0Independent of the potential amended lawsuit, JGR and Spire\/Gabehart also disagree over the proposed timeline to reach trial. Joe Gibbs Racing wants a trial to begin on December 7 to have a resolution prior to the start of the 2027 season.<\/p>\n
The defendants argue that this timeline is too expedited for a fair procedural defense. However, they agree that an earlier trial is warranted but just not one that transpires in December.\u00a0<\/p>\n
Joe Gibbs Racing pointed to the increased competitive success of Spire Motorsports, including a victory on Sunday at Talladega Superspeedway as reason to resolve this dispute as soon as possible.<\/p>\n
\u201cNASCAR commentators have openly noted that Spire\u2014a team long regarded as a perennial back marker\u2014now appears transformed. Suddenly, \u2018everything\u2019s looking up for them,\u2019 with multiple cars qualifying inside the top 10.<\/p>\n
\u201cAs one analyst candidly acknowledged, there is a \u2018rhyme and reason\u2019 behind Spire\u2019s newfound speed and \u2018there\u2019s a reason there\u2019s a lawsuit going on.\u2019 As the commentator explained, \u2018everything is about people in this world, and [Spire] hired a good one with Chris Gabehart\u2019\u2014a person who admittedly misappropriated JGR\u2019s trade secrets and confidential information\u2014and \u2018that\u2019s a big reason why they\u2019re running good.\u2019\u201d<\/p>\n
\u201cThese are not isolated musings. They reflect an emerging recognition that Spire\u2019s implausible single season competitive leap coincides directly with Gabehart\u2019s arrival and influence on the Cup Series. In fact, just this past week, a Spire driver\u2014who appears in previously submitted evidence to be in close proximity to Gabehart during Qualifying\u2014won a Cup Series race for only the second time in Spire\u2019s history. Spire\u2019s only other win occurred in a weather-shortened race seven years prior. This underscores that unfair competitive harm is already underway, visible on the track, and being openly attributed to the very conduct at issue in this case. The case should proceed to merits discovery and trial for a judgment on Defendants\u2019 actions as quickly as reasonably possible.\u201d<\/p>\n
Gabehart was also present with Spire on Sunday at Talladega, with permission from the court as long as he does not do anything that resembles the duty of a competition director, and Spire took exception to that as well.<\/p>\n
\u201cWithin weeks, he progressed from observing races from the grandstands while wearing a two-way team radio to positioning himself inside Spire\u2019s pit road workstation alongside personnel actively monitoring race data.\u201d<\/p>\n
Editor\u2019s note: There hasn\u2019t been a single photograph that showed Gabehart wearing a two way radio with a mouthpiece, objectively speaking \u00a0<\/p>\n
\u201cThis steady encroachment places Gabehart in precisely the environment where he can violate the Court\u2019s order through real-time, oral, or radio communications\u2014conduct that is difficult to detect but impossible to ignore. Defendants have yet to offer a plausible explanation for services Gabehart is performing at these times and places that do not violate his restrictive covenant. Against this backdrop, Defendants\u2019 insistence that \u2018there is no potential harm to JGR during pendency of this litigation\u2019 and a delayed trial \u2018would have no impact on the 2027 NASCAR season\u2019 rings hollow.<\/p>\n
\u201cWithout explanation of Gabehart\u2019s activity at the Cup Series races, discovery is necessary to understand his role and any improper competitive harm already underway.\u201d<\/p>\n
For what it\u2019s worth, Spire says Gabehart is acting in a manner identical to top executives like Jeff Gordon at Hendrick Motorsports or even Joe Gibbs, team owner of JGR, himself.<\/p>\n
Cheeky response\u00a0<\/p>\n
While not an actual legal declaration, Spire co-owner Jeff Dickerson poked fun at the lawsuit through a Spire Motorsports tweet that referenced Joe Gibbs Racing perpetually citing Spire as an organization that has just one win — a reflection of how far behind it is to JGR.<\/p>\n
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\nFilings<\/p>\n
Practice broadcast reference<\/p>\n
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JGR’s motion for expedited trial<\/p>\n
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