General, Chris Gabehart, by way of his authorized counsel, is objecting to the newest expedited discovery motions made to the courtroom from former employer Joe Gibbs Racing but additionally says he’s making efforts to get better the deleted texts with Spire co-owner Jeff Dickerson on the heart of the newest authorized wrangling.
Huge image, the Gabehart authorized workforce desires these newest collection of motions denied as a result of the courtroom has already granted a restricted in scope expedited discovery, but additionally as a result of the now present Spire Chief Racing Officer believes JGR doesn’t have proof for what it’s looking for.
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All the pieces from the authorized submitting is italicized beneath.
“JGR’s Movement must be denied. The Movement seeks to relitigate points the Courtroom has already addressed, increase expedited discovery effectively past the slender scope the Courtroom beforehand licensed, and needlessly pull third events into the litigation with out even attempting to articulate a factual foundation. JGR’s litigation technique—file movement after movement, accuse first and ask questions later—can not manufacture proof of disclosure of confidential JGR info the place none exists.
“JGR is clearly determined. It has but to determine a single verified occasion by which Mr. Gabehart transmitted, disclosed, or used any JGR Confidential Data. Not for lack of attempting: a pre-litigation examination of Mr. Gabehart’s JGR-issued laptop computer, cellular phone, and Google accounts—carried out by JGR’s personal examiner pursuant to JGR’s personal protocol—and a primary spherical of Courtroom-ordered expedited discovery each got here up empty.
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“The one paperwork JGR has been capable of level to are private to Mr. Gabehart and can’t critically be stated to qualify as ‘Confidential Data’ or commerce secrets and techniques—a high-level marketing strategy and a fundamental scorecard kind used to compile widely-disseminated race info and take notes. JGR’s newest Movement is one more try and paper over this elementary shortfall with quantity moderately than substance.”
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Joe Gibbs Racing is suing Gabehart for over $8 million {dollars} over a ‘brazen scheme’ to steal commerce secrets and techniques for the good thing about Spire. Gibbs later expanded its lawsuit to incorporate Spire. Gabehart has maintained that no proprietary knowledge has been shared with Spire and has accused JGR of breaching its contract with him over severance obligations.
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In response, Gibbs says it ceased paying Gabehart upon the invention that its former competitors director and longtime crew chief had saved proprietary knowledge on his private units, and continued to entry them, on the similar time he was negotiating his employment with Spire.
The courtroom, presided by Choose Susan C. Rodriguez granted restricted expedited discovery, at which level Gabehart disclosed texts between himself and Dickerson had been deleted. Dickerson himself deleted the identical texts by way of an auto-delete perform.
Gabehart working to get better deleted texts
Gabehart doesn’t object to the restoration of these textual content messages, and is making efforts to obtain them from his mobile supplier, however doesn’t conform to the scope by which JGR has requested the courtroom to grant such discovery.
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He says he has requested his provider for these communications however has but to obtain a response.
“He has nothing to cover and would love nothing greater than for JGR and the Courtroom to see these texts.”
Once more, Gabehart does object to the scope. Joe Gibbs Racing has requested all communication between Gabehart and Dickerson by way of March 13, 2026.
“The deletion in query occurred on November 15, 2025. Mr. Gabehart’s textual content messages have now been preserved a number of occasions—as soon as in January 2026 by JGR’s forensic examiner and as soon as in March 2026 by Mr. Gabehart’s forensic professional. JGR’s Request 3 date vary is far too broad with out justification.
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“Given the open-ended nature of the request, Mr. Gabehart ought to concern the subpoena and any paperwork produced must be directed to Mr. Gabehart’s counsel first for privilege evaluate and a relevance willpower earlier than manufacturing to some other get together. Mr. Gabehart has reputable considerations in regards to the safety of attorney-client privileged communications and joint protection supplies. JGR’s requested timeframe extends by way of March 13, 2026—a interval throughout which Mr. Gabehart was actively represented by counsel on this litigation and engaged in joint protection communications with co-defendants. Allowing JGR unfettered entry to those information with out applicable privilege evaluate could be basically unfair and opposite to established discovery apply.”
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Joe Gibbs Racing can be looking for continued expedited discovery from communication units from Dickerson.
The Gabehart authorized workforce rejects that as a result of it argues that JGR has beforehand argued towards Gabehart looking for subpoenas from JGR executives over the way it considered their contract standing on the finish of final season.
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“When Mr. Gabehart requested reciprocal discovery—together with forensic examination of units belonging to JGR personnel—JGR opposed that request. JGR argued that third-party private units must be excluded from expedited discovery. Now that JGR desires to look at a 3rd get together’s units, it readily abandons that place.
“The Courtroom shouldn’t allow JGR to selectively invoke litigation positions when they’re advantageous and discard them when they aren’t.”
Thus, Gabehart has requested the choose, if she so-chooses to permit such third-party subpoenas, than they need the identical in return over communications about when JGR believed Gabehart was certainly now not employed by them.
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“Particularly, if the Courtroom permits forensic examination of Mr. Dickerson’s units or subpoenas to 3rd events, Mr. Gabehart requests the reciprocal discovery of the cell telephones of Heather Gibbs, Eric Schaeffer, Dave Alpern, and Toni Rogers, in line with prior requests. These people performed central roles in JGR’s resolution to pursue this litigation and within the so-called ‘for trigger’ termination that JGR claims triggered the 18-month non-compete. Their communications are immediately related to Mr. Gabehart’s defenses and counterclaims.”
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The Joe Gibbs Racing authorized workforce has additionally repeatedly requested the courtroom to subpoena textual content messages from Joe Custer of Haas Manufacturing facility Group, Justin Marks and Todd Meredith of Trackhouse Racing and Rick Ware and Tommy Baldwin from Rick Ware Racing for ‘communications with Spire or Spire’s brokers regarding Spire’s possession of JGR’s Confidential Data and Commerce Secrets and techniques.’
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The courtroom didn’t grant this movement as soon as as a result of Choose Rodriguez felt like JGR didn’t have any proof. It nonetheless has not produced proof in courtroom or filings that implies these two different Chevrolet groups have had any such communications. The choose stated she was not going to permit JGR to go on a fishing expedition.
Gabehart’s authorized workforce says that hasn’t modified and JGR simply has hypothesis about what Dickerson ‘might have’ communicated.
“JGR’s request is a part of a continued harassment marketing campaign designed to pull Mr. Gabehart, Mr. Dickerson, and anybody related to Spire by way of the mud with no evidentiary foundation. The racing group is small and tight-knit. JGR is aware of that serving subpoenas (with no evidentiary foundation) on leaders of competing groups will ship a message all through the trade. The Courtroom shouldn’t turn into a surrogate for JGR’s turf conflict.”
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