Hendrick and Penske Seek Protective Order in NASCAR Antitrust Case
In a significant development within the NASCAR antitrust lawsuit involving teams 23XI Racing and Front Row Motorsports, prominent team owners Rick Hendrick and Roger Penske have filed for a protective order to limit their testimony. This motion, submitted in federal court, aims to shield them from extensive depositions that could compromise their business interests.
The ongoing lawsuit, which they previously contributed declarations to, has evolved into a situation where Hendrick and Penske argue that their involvement could expose confidential financial and operational information. The motion emphasizes their longstanding relationship with NASCAR Chairman Jim France, stating: “In keeping with the adage that ‘no good deed goes unpunished,’ Movants find themselves… in the unenviable position of being offered to give expansive and unnecessary deposition testimony.”
Hendrick and Penske contend that the plaintiffs’ requests for testimony could undermine previous court rulings, particularly those preventing access to sensitive financial data. Their motion argues that permitting such depositions would enable the plaintiffs to reverse-engineer anonymized information previously determined as off-limits to NASCAR, potentially exposing proprietary details about their operations.
“Neither Mr. Hendrick nor Mr. Penske would have agreed to give any testimony under these circumstances,” the motion asserts, highlighting their concerns about being used as leverage in the litigation.
If granted, the protective order would restrict their testimony to the confines of their earlier declarations, seeking to prevent any further escalation of their involvement in the case. The court’s decision on this matter will be pivotal in maintaining the confidentiality of critical business information within the NASCAR framework.
