Rick Hendrick and Roger Penske denied ‘special | Sports News

NASCAR workforce bosses Rick Hendrick and Roger Penske have been denied what Judge Kenneth Bell described as “special treatment” of their joint request to both not be deposed or to have “guardrails” positioned on their potential depositions by 23XI Racing and Front Row Motorsports’ legal workforce.

The request by Hendrick and Penske’s NASCAR rivals to depose them not too long ago emerged after it was revealed that the group had deliberate for each to take the stand in North Carolina as soon as 23XI/FRM’s antitrust lawsuit in opposition to NASCAR kicks off on December 1.

23XI/FRM’s legal workforce requested to depose each Hendrick and Penske beneath oath as half of the invention part previous to the start of the trial, which revolves round NASCAR’s new constitution settlement and alleges “monopolistic” habits.

However, each Hendrick and Penske have been cautious that such a deposition would put their groups in a weak place, on condition that it could enable 23XI/FRM entry to paperwork and prior conversations.

Hendrick and Penske’s attorneys launched a assertion in response to the deposition request, stating, “In keeping with the adage that ‘no good deed goes unpunished,’ 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.

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“As explained in greater detail below, Messrs. 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 ‘take sides’ in this lawsuit – something which both men have made clear that they cannot and will not do.

“That has now morphed into an effort by the Plaintiffs to seek testimony potentially regarding HMS’ and Penske’s highly confidential financial and other business information. Movants bring this motion because efforts to resolve this matter amicably proved fruitless.”

Unfortunately for Hendrick and Penske, Judge Bell has swiftly denied their requests, stating, by way of Bob Pockrass, that “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. 

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“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.”

As such, Hendrick and Penske will now be deposed by the 23XI/FRM legal workforce, until, as Judge Bell said, NASCAR opts in opposition to calling them to trial. And time is ticking for NASCAR to make such a call, with Pockrass claiming it could probably need “to be made in the next few days and a decision could be revealed Wednesday” on the final pre-trial listening to.