Judul : 23XI and Front Row Seek to Block Hendrick as NASCAR Witness
link : 23XI and Front Row Seek to Block Hendrick as NASCAR Witness
23XI and Front Row Seek to Block Hendrick as NASCAR Witness
Update: Judge Kenneth D. Bell is requiring Hendrick to make time for a deposition.
The Court will not compel the Plaintiffs to depose Mr. Hendrick once the trial has commenced, but will not rule out his testimony at this stage. The Parties and the witness are instructed to collaborate in scheduling a 2.5-hour deposition of Mr. Hendrick before the trial. So Ordered.
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Following a court ruling that required Rick Hendrick and Roger Penske to undergo an oral deposition ahead of the 23XI Racing and Front Row Motorsports versus NASCAR antitrust trial, Hendrick is not aligning with a scheduled date.
Consequently, 23XI and Front Row are requesting the court to prevent the Sanctioning Body from calling him as a witness.
For Mr. Hendrick, the deposition was originally set for November 18, 2025, at the Hendrick Automotive Group offices in Charlotte, to make it easier for the person being deposed. However, due to information shared with the Court, the Plaintiffs have been told that Mr. Hendrick cannot be deposed on November 18, and he is unavailable on any other day prior to the trial starting on December 1, 2025. As an alternative, Mr. Hendrick's attorney suggested that the Plaintiffs could take his deposition during the first week of the trial.
Although Mr. Hendrick's attorney has suggested the potential to schedule a deposition during the first week of the trial, this approach would be unfair since the plaintiffs' attorney will have already finalized their trial plan—including the timing for witnesses—and will be fully occupied with the trial proceedings.The bias of removing Mr. Hendrick during the trial, which would inevitably divert attention from the trial itself, is unjustified.
NASCAR is responsible for the strict timetable due to its last-minute announcement of Mr. Hendrick as a witness in the trial, making the harm to the Plaintiffs unwarranted and unreasonable.
NASCAR requested Hendrick and Penske to act as witnesses, personally asked by chairman Jim France, who is also a defendant in the 23XI and Front Row lawsuit. However, the two teams claimed that NASCAR engaged in 'sandbagging' by making this request a month prior to the trial, following the conclusion of fact discovery.
Judge Kenneth D. Bell directed both parties to conduct interviews with 23XI and Front Row, allowing any questions to be asked, and described as 'absurd' in court this week that Penske and Hendrick would attempt to claim that the questions should be restricted from covering their race teams' finances.
NASCAR submitted a reply to 23XI and Front Row's motion, stating that Hendrick may provide his testimony during the initial week of the trial.
Mr. Hendrick is set to give testimony for NASCAR's case, which is expected to start no earlier than the week of December 8. Additionally, NASCAR may still allow the Plaintiffs to call him at a later stage during NASCAR's proceedings. Therefore, even after the trial starts on December 1, the Plaintiffs will have several days available to obtain Mr. Hendrick's deposition, including two non-trial days on December 6 and 7.
Plaintiffs also have numerous attorneys who can conduct this brief deposition, even during the trial. Plaintiffs have explicitly assured Mr. Hendrick's legal team and NASCAR that their questioning during the deposition will not exceed 2.5 hours. At least 15 attorneys from the plaintiffs' side have participated in depositions within this case, with at least 7 of them taking part in conducting the deposition testimony. At least five partners from law firms have been present for the plaintiffs' depositions. It is common for a court to require a party to make "witnesses available for deposition prior to their court testimony, even if these depositions need to occur during the trial." Refer to Kunzman v. Enron Corp.
NASCAR also disputes the claim that Hendrick is being rigid.
Mr. Hendrick's attorney carefully brought to the Court's attention the potential need for the deposition to take place on December 1 or later, while acknowledging that the circumstances are still changing, and other attorneys from the law firm representing Mr. Hendrick are ready to help. Furthermore, Mr. Hendrick's legal team has offered several alternatives to facilitate the deposition, such as the option of a remote deposition. Nevertheless, the plaintiffs have declined these arrangements and demanded that the deposition occur on Tuesday, November 18, with no flexibility.
NASCAR also mentioned that 23XI and Front Row issued a "sandbagged" subpoena of their own this week.
Ultimately, the Plaintiffs' claim that they have experienced 'prejudice' and 'surprise' under Southern States is contradictory, considering they issued a trial subpoena yesterday to an accountant from the firm GreerWalker LLP, who is not listed on any witness list or any of the Plaintiffs' initial disclosures.
In the end, NASCAR hopes that Hendrick will provide testimony in their favor and are opposing the request from the two teams to prevent this, as they have been unable to obtain an oral statement before the trial.
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