The Western District of North Carolina has ordered Rick Hendrick and Roger Penske to undergo deposition interviews with lawyers representing 23XI Racing and Front Row Motorsports as part of upcoming antitrust lawsuits against NASCAR, set to begin on December 1. Depositions are formal, sworn interviews conducted during the fact-finding phase that allow both parties access to relevant documents and testimonies before the trial.
The teams requested the judge to allow them to dismiss Hendrick and Penske from participating after NASCAR revealed last week it planned to call these two prominent racing figures as witnesses. This move was unexpected by 23XI and Front Row, who argued for the chance to interview both men prior to the trial in a court filing on Wednesday.
The plaintiffs expressed surprise that NASCAR waited until after discovery had ended to disclose Hendrick and Penske as witnesses, despite previously seeking extensive financial and document-related discovery involving them. They argued that depositions are necessary to prevent any unfair trial surprises, which would otherwise waste court and jury time.
Through their lead attorney Jeffrey Kessler, the teams also accused NASCAR of unfairly targeting Hendrick and Penske and emphasized their right to request these individuals be excluded from attending the trial. Instead, the teams are simply asking to interview them.
The plaintiffs noted that NASCAR had revised its list of potential witnesses multiple times but delayed naming Hendrick and Penske until months after discovery closed, which they claimed justifies excluding their testimony. Nonetheless, they are not asking for exclusion but for the court’s permission to remove these two before trial.
NASCAR did not oppose their removal, and shortly after, Judge Kenneth D. Bell approved the motion, dismissing Hendrick and Penske from the trial.
The complaint stated, “NASCAR has not taken a position regarding this request,” and the court found it reasonable to allow the plaintiffs to remove Hendrick and Penske since they were named as witnesses long after the fact-finding phase concluded.
In addition to owning a NASCAR team, Roger Penske also owns the Indianapolis Motor Speedway and the IndyCar Series.
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Fan Take: This development is significant for NASCAR fans because it highlights the ongoing tensions and legal battles involving some of the sport’s biggest figures. The removal of Hendrick and Penske from the trial may streamline proceedings, but it also underscores the complexity and stakes of the lawsuits that could influence NASCAR’s competitive and business landscape going forward.
