In responding to the second amended revision of the Joe Gibbs Racing lawsuit towards Chris Gabehart and Spire Motorsports, each defendants re-established their protection and denials whereas additionally submitting countersuits towards the plaintiffs.
Joe Gibbs Racing has argued that Gabehart, who labored on the group from 2012 to 2025 as an engineer, crew chief and competitors director, .
Commercial
Your complete ordeal has performed out in courtroom and inside authorized filings over the past 5 months. A trial is scheduled for January. That trial will now embody a pair of countersuits from the defending events, Spire and Gabehart.
Learn Additionally:
Spire’s Counterclaim
Again in March, Spire Motorsports founding co-owner . One of many factors he made in his submitting was a degree of frustration by the use of a enterprise settlement he says he made with JGR that wasn’t honored by them.
Commercial
Within the submitting, Dickerson referenced JGR . Smith was underneath contract with Spire however was launched so he might be a part of JGR to serve in that capability with the No. 54 automotive and driver Ty Gibbs,– the grandson of group proprietor Coach Joe Gibbs.
Dickerson mentioned he proposed a commerce with JGR over what he thought of a participant to be named later kind of settlement. He came upon that JGR had already been involved with Smith over future employment so this association might have been mutually helpful.
Dickerson mentioned Spire focused Tyler Allen, crew chief of the No. 54, which JGR denied a contract launch. Spire additionally requested, if not a accomplished de facto personnel commerce, that JGR merely pay $100,000 as a substitute. That was not paid.
Commercial
Spire has filed a countersuit towards JGR for unjust enrichment. The italicized sections beneath are taken instantly from the countersuit.
“JGR materially breached the Implied Commerce Contract by failing to both (a) launch a JGR worker chosen by Spire from contractual restrictions in order that Spire might make use of that individual; or (b) pay Spire $100,000, inside an inexpensive time.
“As a direct and proximate results of JGR’s breach, Spire has suffered damages, together with the lack of the bargained-for worker or $100,000 fee and the worth of the contractual and non-compete rights it surrendered.”
Commercial
The unjust enrichment comes within the type of Joe Gibbs Racing using Smith to do an an identical function he held at Spire, automotive chief, and utilizing data and processes acquired from his time at Spire. Spire calls this a ‘substantial profit.’
If that sounds acquainted, it’s principally what Joe Gibbs Racing says Spire has obtained from the hiring of Gabheart.
“JGR accepted and retained this profit with the information that Spire relinquished worthwhile contractual and non-compete rights in Smith for JGR’s profit and in reliance on JGR’s dedication to launch a comparable JGR worker for hiring by Spire or fee of $100,000.
Commercial
“Regardless of receiving and retaining this profit, JGR has failed to supply Spire with any compensation or consideration. Below these circumstances, it could be unjust and inequitable for JGR to retain the advantages of Spire’s launch of Smith and waiver of his non-compete, with out compensating Spire for the worth of these advantages. As a direct and proximate results of JGR’s unjust enrichment, Spire has suffered damages together with the worth of the contractual and non-compete rights it surrendered in Smith and the worth of the profit wrongfully retained by JGR.
“Spire is entitled to restitution and/or disgorgement from JGR in an quantity equal to the cheap worth of the advantages JGR has unjustly obtained and retained, in an quantity to be confirmed at trial.”
Learn Additionally:
Commercial
For his half, Gabehart is suing Joe Gibbs Racing on the idea that the group was truly the occasion in violation of their employment settlement.
Whereas Joe Gibbs Racing has argued, and sued, that Gabehart violated the phrases of the contract by leaving earlier than a 18-month non-compete interval, the longtime engineer, crew chief and competitors director states that JGR left him in a state of limbo.
Commercial
Additional, he alleges that JGR was gradual to behave on their separation settlement course of, together with wage withholding, as a type of leverage.
“JGR’s withholding of Mr. Gabehart’s earned wages was not a good-faith enterprise choice—it was a calculated strain tactic designed to coerce him into compliance with JGR’s calls for throughout separation negotiations. These calls for far exceeded what was required underneath the Employment Settlement. JGR stopped fee whereas negotiations have been ongoing and with none efficient termination, utilizing financial leverage to extract concessions from an worker who was exercising his contractual rights.
Commercial
For his or her half, Joe Gibbs Racing has acknowledged that the delays in making these funds, which ultimately got here by January, have been a results of the group having motive to imagine that Gabehart had misappropriated commerce secrets and techniques for the good thing about Spire.
Whereas the decide overseeing the case has concluded that Gabehart did misappropriate proprietary data by storing and accessing them whereas negotiating with Spire, JGR has additionally supplied no proof that the defendants have shops or used such information in competitors this season.
Gabehart says he solely left Joe Gibbs Racing, which promoted him from crew chief of Denny Hamlin and the No. 11 automotive to competitors director after the 2024 season, as a result of the group then tried to pigeon gap him into taking up the duties of crew chief for then-scuffling Ty Gibbs — the grandson of the eponymous group proprietor.
Commercial
The connection grew to become untenable when Gabehart concluded that the job of competitors director didn’t include the autonomy he was promised. Within the countersuit, Gabehart additionally claims that the mom of Ty Gibbs, Heather Gibbs, who serves as co-owner of JGR paid him a non-employee quantity to maintain him targeted on the No. 54 automotive.
“JGR’s strain marketing campaign to get Mr. Gabehart to function crew chief for the No. 54 automotive prolonged past verbal calls for. On or about March 27, 2025, Heather Gibbs—the mom of the No. 54 driver, Ty Gibbs—wrote a private verify within the quantity of $500,000 payable to Mr. Gabehart. This fee, made outdoors of Mr. Gabehart’s Employment Settlement with JGR and unrelated to his duties as Competitors Director, was an extra try and induce Mr. Gabehart to carry out crew chief providers for the No. 54 automotive—which went instantly towards what Mr. Gabehart was advised when he agreed to go away the function of Crew Chief of the No. 11 automotive in November 2024. Mr. Gabehart left that function underneath the promise of being given autonomy to steer all of competitors for JGR’s Cup groups. But this fee compelled Mr. Gabehart into an untenable place: refuse and threat everlasting injury to his relationship with possession, or settle for and proceed attempting to steadiness the Gibbs household’s private needs with the corporate’s finest aggressive pursuits. Notably, the fee was subsequently reported on a Type 1099-NEC issued by Ty Gibbs Racing, LLC, reflecting the identical $500,000 as nonemployee compensation for calendar 12 months 2025.
“These actions display a persistent sample of strain by JGR and the Gibbs household to divert Mr. Gabehart from his official duties as Competitors Director and to coerce him into serving as crew chief for a automotive that was managed in another way than JGR’s different entries. Quite than respecting Mr. Gabehart’s skilled judgment and his contractual function, JGR sought to extract crew chief providers by means of monetary inducements and relentless strain—conduct that materially contributed to the deterioration of the employment relationship and Mr. Gabehart’s invocation of his rights underneath Part 6 of the Settlement This deterioration within the relationship was the first motive Mr. Gabehart felt compelled to train his rights underneath Part 6 of the Settlement.”
Commercial
Gabehart has additionally claimed that JGR is in violation of quite a few legal guidelines involving consumer lawyer privileges.
When Gabehart turned over his digital gadgets, Gabehart says JGR collected data that exceeded this authorized matter.
Commercial
…
“JGR, by means of its brokers and forensic examiner, used Mr. Gabehart’s private gadgets and accounts with out authority—particularly, in a way exceeding the suitable or permission granted underneath the court-ordered protocol—and with the intent to make unauthorized copies of laptop knowledge, by copying and disclosing to JGR’s counsel dozens of Mr. Gabehart’s privileged attorney-client communications that have been outdoors the scope of the protocol’s authorization. Along with the disclosure of privileged data, JGR, by means of its brokers and forensic examiner, disclosed the content material of information and communications outdoors of the scope of the protocol’s authorization.”
…
Commercial
“As a direct and proximate results of JGR’s violations of N.C. Gen. Stat. § 14-458, Mr. Gabehart has been injured in his property and individual, together with however not restricted to the prices of responding to the protocol violation, authorized charges incurred in searching for suppression and remediation of improperly disclosed supplies, different damages recoverable underneath N.C. Gen. Stat. § 1-539.2A, and different reduction permitted by regulation and fairness.”
Catch up:
Commercial
As for the preliminary claims towards Gabehart and Spire, each had strongly worded rebukes of their responses as nicely.
From Spire, who states as soon as once more that Gibbs hasn’t supplied any proof by any means that proprietary knowledge has been shared by Gabehart.
Commercial
“JGR is clearly having bother accepting Spire’s beneficial properties on the racetrack, clearly has ignored Spire’s continued upward trajectory over the previous a number of years, and clearly regrets shedding a prime expertise like Gabehart to Spire as a consequence of its personal mismanagement. Sensing a menace to its aggressive place, JGR seeks to stymie Spire’s progress, demean Spire’s success, and distract from Spire’s improvement by utilizing litigation as a sword. The result’s this lawsuit, by which JGR has claimed— with none foundation recognized to at the present time—that Spire engaged in a incredible and once-in-a-generation conspiracy by unlawfully hiring Gabehart in order that Spire might cheat, utilizing confidential data and commerce secrets and techniques to enhance its efficiency on the monitor.
“Nothing might be farther from actuality. Spire’s success on the racetrack has nothing to do with JGR’s commerce secrets and techniques or confidential data, and all the pieces to do with Spire’s funding, dedication, and grit. JGR is aware of this. Spire has by no means requested, reviewed, or used any of JGR’s confidential data or commerce secrets and techniques, which Spire neither wants nor has any use for, as the 2 groups use vehicles produced by completely different producers, eliminating any significant chance for any impactful crossover of confidential data. JGR is aware of this too. In truth, since this lawsuit was first filed in February 2026, Spire has repeatedly requested JGR to establish what confidential data and/or commerce secrets and techniques Spire has used to compete. However regardless of 5 months of effort, JGR has not produced and even recognized any confidential data or commerce secrets and techniques obtained or utilized by Spire.
JGR apparently believes a group with its historical past and assets is solely entitled to win. And if you happen to can’t win on the deserves, you possibly can at all times outspend and beat the competitors into submission. Spire isn’t having it. JGR’s calculated effort to punish an up-and-coming competitor that has disrupted the NASCAR establishment won’t succeed, as a result of Spire constructed its success the arduous means, and its arms are clear.”
Commercial
And Gabehart:
JGR’s Second Amended Criticism spins a story of company espionage and betrayal. The reality is much easier—and much much less dramatic. 4 months after submitting this lawsuit and subjecting Mr. Gabehart to a second complete forensic examination of his private gadgets, cloud accounts, and digital communications, JGR nonetheless can not level to a single piece of JGR data that Mr. Gabehart has used, transmitted, or disclosed to anybody at Spire or elsewhere in NASCAR. Not one doc. Not one file. Not one textual content message. Nothing. Throughout a whole bunch of pages of declarations, reveals, and briefing, JGR has didn’t establish any improper sharing or use of JGR data— as a result of there was none. JGR’s claims of commerce secret theft are baseless, and its lawsuit is nothing greater than a smear marketing campaign designed to punish an worker for daring to go away. JGR’s choice to pursue this litigation is all of the extra hanging given NASCAR’s traditionally fluid labor market.”
Line by line responses
Each defendants additionally addressed the allegations by Joe Gibbs Racing line-by-line. The important thing takeaways from these responses may be discovered beneath.
Commercial
JGR: JGR’s distinctive outcomes are the results of many years of technical and course of pushed assortment of proprietary knowledge, analysis, refinement, and innovation amongst different issues. JGR’s analyses, processes, and methods are extremely specialised and technically advanced.
Spire: Spire admits that JGR has had some success in NASCAR. Spire lacks information or data enough to kind a perception as to the reality of the remaining allegations contained in Paragraph 12 and subsequently they’re deemed to be denied. Spire expressly denies that JGR’s outcomes are solely the results of JGR’s actions.
Gabehart: Denied. Mr. Gabehart lacks information or data enough to confess or deny JGR’s inside characterization of its purported success.
Commercial
—
18. JGR: JGR moderately depends on its staff’ strict adherence to the covenants and phrases within the employment agreements and employment insurance policies and procedures to guard its Confidential Data and Commerce Secrets and techniques from unauthorized disclosure or dissemination to individuals outdoors of the Firm.
Spire: Spire denies that JGR moderately depends on its staff’ strict adherence to the covenants and phrases within the employment agreements and employment insurance policies and procedures to guard its purported Confidential Data and Commerce Secrets and techniques in all situations, together with as a result of it was ready to allow Defendant Gabehart to start working instantly for a competitor pursuant to sure phrases in Gabehart’s employment settlement.
Commercial
Gabehart: Mr. Gabehart admits that his employment settlement offers sure protections for confidential data. Mr. Gabehart expressly denies that any such phrases have been violated. Besides as expressly admitted herein, the allegations of Paragraph 18 are denied.
—
20. JGR: Competitor acquisition—together with acquisition by third events supporting JGR’s opponents—of JGR’s Confidential Data and Commerce Secrets and techniques would enable these opponents and their companions to reap the advantages of JGR’s substantial investments with out expending comparable time, effort, or capital. Possession of this data would allow opponents to enhance their race groups and tools in methods they may not obtain by means of unbiased improvement, thereby permitting them to unfairly compete with JGR by bypassing or accelerating the analysis and improvement course of and negating the experience JGR has constructed over many years of success.
Commercial
Spire: Spire denies that possession of the knowledge referenced in Paragraph 20 would
allow opponents to enhance their groups in methods these opponents couldn’t obtain by means of unbiased improvement and subsequently additionally denies that possession of such data would enable a competitor to unfairly compete with JGR. Spire lacks information or data enough to kind a perception as to the reality of the remaining allegations contained in Paragraph 20 and subsequently denies them.
Gabehart: Paragraph 20 comprises hypothesis and argues a authorized conclusion to which no response is required. To the extent a response is required, denied. Mr. Gabehart additional responds that JGR, actually, sells and in any other case shares sure competition-related data it claims is confidential and/or a commerce secret to different NASCAR groups, together with 23XI Racing and Legacy Motor Membership.
Commercial
—
60. JGR: Following that assembly and appearing upon Gabehart’s expressed intention that he most well-liked to go away JGR, the events started working in direction of an amicable separation. To that finish, JGR started getting ready a beneficiant separation settlement for Gabehart’s consideration. Gabehart had different plans.
Spire: Spire admits upon data and perception that Gabehart and Coach Gibbs agreed to fulfill and did meet on November 6, 2025, throughout which assembly Gabehart defined that his job duties at JGR have been materially inconsistent along with his cheap expectations when he accepted the place of Director of Cup Collection Competitors and with the job description supplied by JGR and Coach Gibbs previous to his begin date. Coach Gibbs then indicated that JGR and Gabehart ought to voluntarily half methods. Besides as expressly admitted, the allegations of this paragraph are denied.
Gabehart: Mr. Gabehart admits that he understood that the events would pursue an amicable separation pursuant to Part 6 of the Settlement. The remaining allegations of Paragraph 60 are denied.
—
(Gabehart on the information found by way of forensic evaluation: Mr. Gabehart denies that any of this conduct constitutes “theft” or misappropriation.)
—
75: JGR: JGR persistently and uniformly knowledgeable Gabehart that the Firm could be compelled to deliver authorized motion towards Gabehart if he didn’t respect a noncompete interval, throughout which he wouldn’t present providers supporting one other group’s competitors efforts.
Spire: Spire denies the allegations contained in Paragraph 75.
Gabehart: Denied
—
81: JGR: On February 9, 2026, the Firm formally terminated the Settlement for trigger as a consequence of Gabehart’s misappropriation of JGR’s Confidential Data and Commerce Secrets and techniques, which violated his contractual obligations, Firm coverage, and state and federal regulation, along with being an act involving ethical turpitude, fraud, willful misconduct, gross negligence, and/or dishonesty.
Spire: Spire admits upon data and perception that on or about February 9, 2026 JGR despatched Gabehart a letter purporting to terminate the Settlement for trigger, which letter is a writing the contents of which converse for itself. Spire denies the allegations in Paragraph 81 to the extent they’re inconsistent with that doc. Spire denies that JGR correctly and successfully terminated Gabehart’s employment for trigger as a result of, amongst different issues, Gabehart had invoked the Part 6, Paragraph 2 carveout in his employment settlement with JGR and JGR ceased paying Gabehart in November 2025, effectuating a termination with out trigger. To the extent Paragraph 81 comprises authorized conclusions, no response is required. Besides as expressly admitted, the allegations of this paragraph are denied.
Gabehart: Mr. Gabehart admits that JGR presupposed to terminate Mr. Gabehart’s employment on February 9, 2026, though in that very same communication it was acknowledged that Mr. Gabehart beforehand resigned. It’s denied that JGR had “trigger” to terminate Mr. Gabehart’s employment, and the characterizations of Mr. Gabehart’s conduct are denied.
—
83: JGR: Gabehart beforehand represented to JGR on December 17, 2025, that the job supply he obtained from Spire was for a job by which he wouldn’t present Spire with providers just like the providers he supplied JGR
Gabehart: Denied
—
Gabehart: Mr. Gabehart admits that he accessed his JGR laptop computer on November 7, 2025, and took pictures. It’s denied that this constitutes accessing “most delicate” data or any wrongdoing. Paragraph 91 is denied to the extent this paragraph characterizes all such data as “commerce secrets and techniques.” Besides as expressly admitted herein, the allegations of Paragraph 91 are denied.
—
100. JGR: The photographs of JGR’s information Gabehart took on November 7, 2025, and the supplies saved within the Spire Folder are the precise set of Confidential Data and Commerce Secrets and techniques any of JGR’s opponents would need so as to: (a) perceive JGR’s processes, technological capabilities, and fee buildings that has led to JGR’s overwhelming success; (b) use them to enhance their groups to acquire a aggressive benefit over JGR; and (c) short-cut the many years lengthy course of it took JGR to construct its place within the market.
Spire: Spire denies the allegations in Paragraph 100, together with the assertion that any photos or supplies allegedly taken or saved by Gabehart represent “the precise set of Confidential Data and Commerce Secrets and techniques any of JGR’s opponents would need” to realize a aggressive benefit over JGR, and particularly denies that any such supplies present aggressive worth or profit to Spire. Spire has by no means requested, reviewed, or used any JGR confidential data or commerce secrets and techniques, together with the supplies referenced in Paragraph 100. Spire is a Chevrolet group with its personal technical alliances with Hendrick Motorsports and Basic Motors, and thus has no want for JGR’s data as a result of Spire makes use of Hendrick-built engines and GM aerodynamic and simulation instruments, whereas JGR is aligned with Toyota; the outerbody and underbody work collectively, such that data from JGR wouldn’t be a straightforward carry over for efficiency, and any JGR knowledge could be virtually inconceivable to make use of and will truly hurt Spire given Spire’s lack of ability to validate outdoors data. Spire lacks information or data enough to kind a perception as to the reality of the remaining allegations contained in Paragraph 100 and subsequently they’re deemed to be denied.
Gabehart: Denied
—
109. JGR: On December 4, 2025, Gabehart spoke to JGR’s President and falsely acknowledged he had not spoken to any people related to Spire about employment or some other potential employers about job alternatives.
Gabehart: Denied
—
111. JGR: Upon data and perception, after November 10, 2025, Gabehart accessed JGR’s Confidential Data and Commerce Secrets and techniques for the aim of acquiring a job with Spire, to reveal JGR’s Confidential Data and Commerce Secrets and techniques to Spire, and/or to make use of them for Spire’s profit or his personal profit in attractive Spire to supply him a job.
Spire: Spire denies the allegations contained in Paragraph 111
Gabehart: Denied
—
113-118. Upon data and perception, Gabehart’s use and disclosure of JGR’s Confidential Data and Commerce Secrets and techniques provides Spire an unfair aggressive benefit over JGR. Upon data and perception, Gabehart’s disclosure and/or use of Confidential Data and Commerce Secrets and techniques was additionally a realizing and deliberate act meant to maliciously injury JGR. JGR didn’t consent to Gabehart’s retention, disclosure, or use of Confidential Data and Commerce Secrets and techniques. Since Gabehart ceased offering providers to JGR on November 10, 2025, Gabehart knowledgeable a number of JGR staff and personnel together with one in every of its drivers that he now not labored for JGR and was going to hitch Spire. Upon data and perception, Spire allowed Gabehart to enter its race store throughout December 2025 and January 2026 whereas Spire was getting ready for the 2026 NASCAR season and after Spire knew of Gabehart’s noncompete, non-solicitation, and confidentiality provisions underneath the Settlement. Upon data and perception, Jeff Dickerson has knowledgeable different people that he possesses parts of JGR’s Confidential Data and Commerce Secrets and techniques Gabehart took from JGR.
Spire: Spire denies the allegations contained in Paragraph(s) 113-(118)
Gabehart: Denied
—
121 JGR: Upon data and perception, Gabehart used JGR’s Confidential Data and Commerce Secrets and techniques he stole from JGR regarding the compensation JGR paid its staff for the aim of soliciting and recruiting JGR worker[s] to depart the Firm’s make use of and start working for Spire.
Spire: Spire denies the allegations contained in Paragraph 121.
Gabehart: Denied
—
125. JGR: Spire is conscious of the Settlement and has been conscious of it since no later than December 3, 2025 when Eric Schaffer known as Invoice Anthony and expressly knowledgeable him that Gabehart was topic to noncompete, non-solicitation, and confidentiality provisions stopping him from offering the identical or comparable providers to Spire to these he supplied JGR within the prior 12 months. Spire has undoubtedly been conscious of the Settlement and its phrases since no later than February 19, 2026, when JGR filed this motion.
Spire: Spire admits it was conscious that Gabehart had an Employment Settlement with JGR since no later than December 3, 2025, however denies any consciousness of the particular provisions of that Employment Settlement, or JGR’s interpretation of them, at the moment. Spire additional denies that Eric Shaffer knowledgeable Invoice Anthony that Gabehart was topic to a noncompete, non-solicitation, and confidentiality provisions throughout the cellphone name referenced in Paragraph 125. Spire equally admits it was typically conscious of the employment settlement between JGR and Gabehart no later than February 19, 2026, however denies particular information of its phrases at the moment, and denies any implication of misconduct associated thereto.
JGR: Mr. Gabehart admits that JGR filed this motion on February 19, 2026, and that Exhibit 1 to JGR’s authentic criticism contained an unredacted copy of Mr. Gabehart’s employment settlement with JGR. Besides as expressly admitted herein, the allegations of Paragraph 125 are denied.
—
JGR 126-127: Realizing the Settlement contained noncompete, non-solicitation, and confidentiality provisions stopping Gabehart from, amongst different issues, offering Spire with the identical or comparable providers he supplied JGR throughout the final 12 months, Spire created a bespoke function for Gabehart which required him to carry out the identical or comparable providers he supplied JGR within the prior 12 months. Spire employed him to that function and has constantly induced Gabehart to violate his noncompete and confidentiality obligations by allowing and/or requiring him to carry out the identical or comparable providers he supplied JGR within the prior 12 months at at the least the March 22, 2026 Goodyear 400 and the April 12, 2026 Meals Metropolis 500, together with throughout Spire’s preperation for these races within the days main as much as every race. Spire employed Gabehart so Gabehart might present it with the identical providers he supplied JGR within the prior 12 months. Spire’s sole motive in creating the particular function it created for Gabehart was deception. Specifically, Spire created a job that provides the looks of Gabehart offering important providers for non-NASCAR Cup Collection competitors, when that was not Spire’s intent for his providers, nor on data and perception what he’s doing. The misleading title was created solely to try to offer a believable rationalization for Gabehart to be current at NASCAR Cup Collection occasions at occasions and in locations the place he can violate his restrictive covenant by advising on competitors in a means that may be very troublesome for an outsider to detect or show. There isn’t a authorized justification for this misleading conduct.
Spire: Spire denies the allegations.
Gabehart: Denied
—
129. JGR: A Spire worker has knowledgeable a JGR worker that Gabehart is answerable for and/or considerably collaborating in Spire’s competitors technique and selections. Staff have been instructed to not focus on the very fact Gabehart is main and/or collaborating in Spire’s competitors and technique decision-making course of outdoors of Spire. There isn’t a authorized justification for advising its staff to hide the true nature of Gabehart’s providers. Spire is conscious that Gabehart main and/or collaborating in Spire’s competitors technique and decision-making violates his noncompete obligations setforth within the Settlement.
Spire: Spire lacks information or data enough to kind a perception as to the reality of the allegation {that a} Spire worker knowledgeable a JGR worker that Gabehart is answerable for and/or considerably collaborating in Spire’s competitors technique and selections, and that allegation is subsequently deemed denied. Spire denies that Gabehart is main and/or collaborating in Spire’s competitors and technique choice making course of, denies that staff have been instructed to not focus on the identical, and denies that any function Gabehart performs for Spire violates his noncompete obligations as set forth within the Settlement. Paragraph 129 additionally requires a authorized conclusion, to which no response is required; nevertheless, to the extent a response is required, these allegations are deemed denied. Spire denies any allegations contained in Paragraph 129 not expressly admitted herein.
Gabehart: Mr. Gabehart lacks information or data enough to kind a perception as to what an unnamed Spire worker might have acknowledged to an unnamed JGR worker. Paragraph 129 is denied to the extent this paragraph alleges any violation by Mr. Gabehart of his obligations underneath the preliminary injunction at present in impact (ECF 78). Additional, Paragraph 129 states a authorized conclusion to which no response is required. Besides as expressly admitted herein, the allegations of Paragraph 129 are denied.
—
130. JGR: Upon data and perception, Spire staff who assist competitors efforts work with Gabehart on competitors technique and selections. Spire is conscious that Gabehart main Spire’s competitors technique and decisions-making violates his noncompete obligations set forth within the Settlement.
Spire: Spire denies the allegations in Paragraph 130.
Gabehart: Denied
—
132. JGR: Regardless of the restrictive covenants within the Settlement and Gabehart’s misappropriation of commerce secrets and techniques, Spire has employed Gabehart. Spire’s hiring of Gabehart and the aggressive data he has used and improperly retained will give Spire a aggressive benefit within the market. It’s a brief lower to duplicate JGR’s Confidential Data and Commerce Secrets and techniques which have been the lynchpin of its success. Spire employed Gabehart to a job requiring him to carry out the identical or comparable providers to these he carried out for JGR within the prior 12 months with information that Gabehart was sure by his settlement to not carry out these providers for Spire. Spire’s choice to rent Gabehart to a job that violated the Settlement’s noncompete provision was accomplished deliberately to violate that settlement and to make use of JGR’s Confidential Data and Commerce Secrets and techniques for Spire’s profit.
Spire: Spire admits it employed Gabehart as its Chief Motorsports Officer, however denies that any restrictive covenants apply to his employment with JGR and denies the remaining allegations in Paragraph 132. Spire particularly denies that it acquired or used JGR’s commerce secrets and techniques, denies that it obtained any aggressive benefit from JGR data, denies that the Chief Motorsports Officer function requires Gabehart to carry out the identical or comparable providers as these he carried out for JGR within the 12 months prior, and denies that Spire’s hiring of Gabehart was accomplished to violate Gabehart’s employment settlement with JGR and so as to use JGR’s confidential data and commerce secrets and techniques for Spire’s profit.
Gabehart: Admitted that Spire employed Mr. Gabehart on February 16, 2026. Besides as expressly admitted herein, the allegations of Paragraph 132 are denied.
—
136. JGR: Spire’s choice to create a bespoke and deliberately deceptive title and function for Gabehart and rent him to that function was not motivated by a need to additional its aggressive pursuits pretty. Quite, Spire choice to make use of Gabehart was motivated by a need to compete unfairly towards JGR and to deliberately hurt JGR’s aggressive pursuits by means of illegal means.
Spire: Paragraph 136 requires a authorized conclusion, to which no response is required; to the extent a response is required, Spire denies the allegations in Paragraph 136. Spire particularly denies that it created an deliberately deceptive title and function for Gabehart.
Gabehart: Denied
—
151. JGR: As a direct and proximate reason behind Defendants’ misappropriation of JGR’s commerce secrets and techniques, JGR has suffered damages, together with the diminution in worth of its commerce secrets and techniques. JGR will proceed to undergo irreparable hurt except and till Defendants are restrained from utilizing or disclosing JGR’s commerce secrets and techniques and returns all JGR commerce secrets and techniques of their possession, custody, or management to JGR.
Spire: Spire denies the allegations contained in Paragraph 151.
Gabehart: Denied.
—
160. JGR: Defendants additionally misappropriated JGR’s commerce secrets and techniques when, upon data and perception, Gabehart used and relied upon the commerce secrets and techniques to carry out work for or serve the pursuits of Spire and/or different third events with out JGR’s consent.
Spire: Denied as to Spire. To the extent the allegations in Paragraph 160 pertain to Gabehart, no response is required. To the extent any additional response is required, Spire lacks information or data enough to kind a perception as to the reality of the allegations in Paragraph 160, and subsequently they’re deemed to be denied.
Gabehart: Denied.
—
161. JGR: Defendants additional misappropriated JGR’s commerce secrets and techniques when, upon data and perception, Gabehart used and relied upon the commerce secrets and techniques to make himself extra worthwhile to Spire or different third events in trying to acquire employment from Spire and/or different third events.
Spire: Denied as to Spire. To the extent the allegations in Paragraph 161 pertain to Gabehart, no response is required. To the extent any additional response is required, Spire lacks information or data enough to kind a perception as to the reality of the allegations in Paragraph 161, and subsequently they’re deemed to be denied.
Gabehart: Denied
—
181. JGR: Spire knowingly, deliberately, unjustifiably, and in dangerous religion induced Gabehart to breach his contract with JGR by (1) soliciting and hiring him to work for Spire, (2) requesting, encouraging, or in any other case inducing him to reveal or use Plaintiff’s commerce secrets and techniques or confidential data, (3) permitting him to carry out the identical or comparable providers he supplied JGR within the prior 12 months to Spire and whereas utilizing JGR’s Confidential Data and Commerce Secrets and techniques, and on data perception, actively encouraging and inducing him to take action and (4) creating a job particularly designed to permit Gabehart to breach his noncompete obligations in a way that makes it tougher to detect the breach of his noncompete obligations.
Spire: Spire denies the allegations contained in Paragraph 181.
Gabehart: This declare isn’t directed at Mr. Gabehart and subsequently no response is required. To the extent a response is required, denied.
To learn extra Motorsport.com articles .
