Rick Hendrick and Roger Penske, just two days after they were motioned for deposition over the 23XI Racing and Front Row Motorsports v NASCAR antitrust lawsuit have motioned back to limit the scope of such conversations.
“Movants find themselves, quickly and without much warning, in the unenviable position of being forced to give expansive and unnecessary deposition testimony as a result of wrangling between the parties to a lawsuit that should have settled long before now. 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.”
