In a Wednesday night time authorized submitting, Spire Motorsports and co-owner Jeff Dickerson responded to Joe Gibbs Racing’s movement for expedited truth discovery with retorts that the Toyota flagship group’s posture has devolved right into a sequence of hypotheticals.
“In a case that’s speculated to be about JGR’s ‘crown jewels’ and ‘secret sauce,’ JGR’s main focus within the preliminary levels of this litigation has rapidly collapsed right into a run-of-the-mill discovery dispute about textual content messages for a one-month interval between a celebration and a non-party.
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“Discovering nothing of worth in response to preliminary expedited discovery, JGR’s discuss of ‘previous automobile setups,’ automobile simulations, and ‘two one-hundredths of an inch [makes the difference]’ has given strategy to newfound fantasies about what might need been. However a burning need for proof that doesn’t exist doesn’t warrant expedited discovery.”
Every little thing taken instantly from the submitting is italicized.
As a part of its $8 million lawsuit in opposition to its former competitors director and longtime crew chief, Joe Gibbs Racing is alleging that Gabehart participated in a ‘brazen scheme’ to take commerce secrets and techniques from JGR to Spire in violation of a non-compete settlement between them. Within the week after suing Gabehart, JGR additionally amended its authorized criticism to incorporate Spire.
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Since then, Joe Gibbs Racing has pursued expedited discovery on Gabehart and Spire, which meant asking Choose Susan C. Rodriguez for the suitable to hunt communications and paperwork pertinent to the lawsuit to deal with doubtlessly time-sensitive damages.
On this case, JGR believes that Spire has obtained commerce secrets and techniques from Gabehart and is utilizing that data in opposition to them proper now through the 2026 NASCAR Cup Collection season. Choose Rodriguez granted a ‘slim in scope’ expedited discovery order, and whereas JGR did discover some questionable work paperwork from Gabehart, didn’t discover something that positively recommended the sharing of proprietary knowledge.
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It did drive Gabehart to reveal that he had deleted textual content messages with Dickerson from earlier than November 15 and that Dickerson’s identical textual content messages with Gaebhart had been misplaced as a part of a 30-day auto delete function that was solely turned off as soon as the go well with was filed in March.
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So now Joe Gibbs Racing has requested Choose Rodriguez for a second spherical of expedited discovery, which Gabehart largely rejected earlier on Wedneday and Spire echoed with its personal submitting.
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“JGR has already sought expedited discovery as soon as, and now, dissatisfied with the outcomes, presses a fair broader movement—all whereas the events are negotiating an expedited scheduling order that can govern this whole case. JGR particularly seeks expansive, expedited, one-sided discovery from Spire, Dickerson, and even Spire’s rivals … JGR fails to determine that ‘good trigger’ exists to depart from the conventional merits-based discovery timeline.
“JGR claims expedited discovery is critical to establish the contents and assess the recoverability of the lacking texts and stop future spoliation, however its sweeping requests— untethered to these targets and regardless of Spire’s sturdy preservation efforts, which JGR has by no means challenged—should not tailor-made to these targets.
“JGR thus fails to point out any irreparable hurt from ready till deserves discovery begins. Additional, piecemeal, one-sided discovery would solely add pointless value and inefficiency for either side, particularly the place Spire’s preservation efforts eradicate any threat of evidentiary loss. The Courtroom ought to deny JGR’s movement.”
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Deserves-based discovery is the usual truth discovery process that has but to happen, with JGR, Spire and Gabehart every asking Choose Rodriguez for an expedited course of to succeed in a trial as quickly as potential this yr within the absence of a settlement.
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Earlier within the day, Gabehart’s submitting provided a willingness to subpoena his personal mobile supplier for his lacking textual content messages, as a result of ‘I’ve nothing to cover’ however that he had not but obtained a response. Spire submitted a declaration from a forensics analyst beneath retainer, Kevin Clarke, who testified that the textual content messages weren’t recoverable from Dickerson’s units.
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These messages, each people say, had been deleted previous to the lawsuit being filed and earlier than both Dickerson or Gabehart recommended they’d any motive to imagine they might be topic to litigation.
JGR disputes that, after all, arguing in court docket and in authorized filings that its authorized division known as Dickerson in December warning Spire to not intervene with the contractual non-compete interval between it and Gabehart.
For his half, Gabehart mentioned JGR violated its non-compete interval by not paying him. JGR mentioned it stopped paying him beneath the idea that Gabehart was conspiring with Spire. It additionally maintains its contract with Gabehart allowed for a 90-day remedy or treatment interval.
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That’s to be argued additional in court docket.
Like Gabehart, Spire’s authorized response says it has agreed to subpoena Dickerson’s wi-fi supplier for name data and textual content message logs however says Joe Gibbs Racing ‘inexplicably refused’ until Spire additionally consents to a sequence of third-party subpoenas on representatives from Trackhouse Racing, Haas Manufacturing unit Crew and Rick Ware Racing.
Additionally like Gabehart earlier within the day, Spire’s authorized place is that if the court docket mandates a third-party subpoena on third-parties just like the above staff representatives and Dickerson, Choose Rodriguez must also enable reciprocal third-party subpoenas and discovery in opposition to each JGR worker that has filed declarations over the previous month.
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“If the Courtroom authorizes expedited third-party discovery of Dickerson’s private units, the Courtroom ought to authorize reciprocal third-party discovery of communications contained on private units belonging to JGR’s house owners and workers, together with Joe Gibbs, Heather Gibbs, Tim Carmichael, Dave Alpern, Toni Rogers, Eric Schaffer, Denny Hamlin, Todd Berrier, and Walter Brown.
“To do in any other case would allow JGR to keep away from the very expedited discovery it now seeks to impose on Dickerson. Certainly, three weeks in the past, it was JGR who argued forcefully that expedited third-party discovery is unwarranted at this stage.”
To wit, each Gabehart and Spire are calling Joe Gibbs Racing intellectually and legally dishonest in pursuing third-party discovery and subpoenas on a foundation it additionally suggests shouldn’t apply to its personal workers.
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Dickerson challenges JGR in declaration
Joe Gibbs Racing particularly is asking for third-party subpoenas of the next people from the court docket believing that Dickerson has communicated with them in some kind or shared commerce secrets and techniques with them:
Joe Custer, Haas Manufacturing unit Crew presdient Justin Marks, Trackhouse founding co-owner Todd Meredith, Trackhouse president of Racing Operations Rick Ware, Rick Ware Racing founding proprietor Tommy Baldwin, Rick Ware Racing competitors director
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In his declaration, Dickerson mentioned it was unfaithful but in addition illogical that he would share any benefit with rival groups that aren’t even the one group (Hendrick Motorsports) that Spire does have a technical alliance with.
From Dickerson’s new declaration:
“I’ve by no means shared JGR’s commerce secrets and techniques or confidential data with any of those people or their groups. I don’t possess JGR’s commerce secrets and techniques, so couldn’t have shared them.
“Placing apart that I shouldn’t have and by no means have had any JGR commerce secrets and techniques or confidential data, and JGR has not proven any proof on the contrary, these groups are Spire’s rivals. The notion that I’d share any JGR commerce secrets and techniques with Spire’s rivals is frankly preposterous, as a result of Spire actively competes in opposition to these groups. That’s the reason Spire itself doesn’t share any of its personal knowledge instantly with these competitor groups. JGR is aware of this.
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“Spire does share sure of its personal commerce secrets and techniques and confidential data with its technical alliance companion, Hendrick Motorsports. Spire doesn’t share any commerce secrets and techniques or confidential data with every other Common Motors race groups, together with Haas Manufacturing unit Crew,Trackhouse Racing, and Rick Ware Racing. Hendrick Motorsports is extensively thought of probably the most profitable staff in NASCAR historical past.
“Notably, I perceive that JGR has not sought any discovery from Hendrick Motorsports, which is the one entity Spire shares any of Spire’s knowledge with.”
Translation, Dickerson is difficult JGR, if it actually believes Spire is utilizing commerce secreted data from the Toyota flagship, it’s extra possible that Hendrick Motorsports can be the one that might know … and never Haas, Trackhouse and Ware.
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Authorized filings
Spire response
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Jeff Dickerson’s second declaration
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Kevin Clarke’s declaration
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