NASCAR groups 23XI Racing and Entrance Row Motorsports have requested the courtroom to bar Rick Hendrick from testifying earlier than the antitrust lawsuit trial date set for December 1. The groups stated that they can not set a deposition date when Hendrick and his legal professionals can be found, in keeping with Fox Sports activities’ Bob Pockarssss. They argued that with no deposition, Hendrick shouldn’t be allowed to take the witness stand.
NASCAR, in flip, has proposed that Hendrick’s deposition may very well be finished throughout the first week of trial. He won’t testify till after December 8, when NASCAR will probably current its case.
The groups had earlier sought to depose Hendrick and block efforts to restrict his testimony. On Friday, November 14, Pockrass shared the most recent replace in a submit on X:
“23XI/FRM asking for Rick Hendrick to not be allowed to testify at trial b/c no date for deposition the place he and his legal professionals can be found. NASCAR says b/c he received’t testify earlier than Dec 8 (when NASCAR probably presents its aspect), deposition will be finished first week of trial (Dec. 1-7).”
The lawsuit, filed in October 2024, facilities on NASCAR’s constitution system and argues the sanctioning physique makes use of it to limit competitors. 23XI, co-owned by Michael Jordan and Denny Hamlin, and Bob Jenkins’ FRM, declined to signal the settlement and in addition accused NASCAR of monopolistic conduct.
Hendrick and fellow proprietor Roger Penske have been added by NASCAR to its witness record earlier this month. 23XI and FRM requested full, unrestricted depositions, because the homeowners maintain necessary details about income allocations and constitution phrases.
However Rick Hendrick and Roger Penske later filed motions asking for limits. They requested the courtroom to limit subjects, conduct the depositions remotely, or delay till the trial itself. NASCAR backed the request, saying the questioning needs to be restricted to the “high-level subject material” of the declarations the homeowners had already submitted.
Choose denies particular remedy to Rick Hendrick and Roger Penske
23XI Racing and FRM had demanded full entry to the Hendrick Motorsports and Workforce Penske homeowners’ monetary and constitution system data. Choose Kenneth Bell dominated in favor of the groups this Tuesday, November 11. He determined that Rick Hendrick and Roger Penske should sit for in-person depositions with out the scope limitations NASCAR sought.
The choose wrote, through Reuters:
“No firm or particular person shall be accorded particular remedy. …Except NASCAR irrevocably commits to not name these people as trial witnesses, then Plaintiffs have the precise to promptly depose them earlier than trial and cross-examine them at trial inside the governing Federal Guidelines, with out limitation.”
The choose had additionally dominated in favor of the groups earlier than, stating that the market at difficulty was “premier stock-car racing” and rejected NASCAR’s try to broaden it to collection like IndyCar.
Edited by Hitesh Nigam
