Judge Kenneth D. Bell, overseeing the 23XI Racing and Front Row Motorsports v NASCAR antitrust trial, has ordered Roger Penske and Rick Hendrick to subject themselves to a full pre-trial deposition, in person and with no restrictions as it pertains to this legal matter.
The two motorsport mainstays has motioned to the court a means to limit the questions asked regarding their financials and also wanted to do the interviews over Zoom, but the two teams indicated that Penske and Hendrick were seeking special treatment.
Judge Bell agreed in his ruling.
As the Court has repeatedly said, the trial of this matter will be publicly and fairly contested under the relevant rules and law, without regard to the notoriety of the companies and individuals involved. No company or individual will be accorded special treatment (which is effectively what movants request here). NASCAR has told Plaintiffs and now the Court, that Mr. Hendrick and Mr. Penske will be called as witnesses for NASCAR at trial. Therefore, unless NASCAR irrevocably commits not to call these individuals as trial witnesses, then Plaintiffs have the right to promptly depose them before trial and cross-examine them at trial within the governing Federal Rules, without limitation. The movants’ Motion for Protective Order is DENIED.
This whole process was the result of NASCAR adding Penske and Hendrick to a witness list, meaning they would be called at trial, which begins December 1. 23XI and Front Row said the two team owners were added after fact discovery ended, which the two teams say was NASCAR’s attempt to ‘sandbag’ their participation.
Jim France personally asked both team owners to go on the witness stand at trial and 23XI and Front Row are entitled to deposing those that go on the stand. Penske and Hendrick were seeking to avoid being asked questions, under oath, about their financials but 23XI and Front Row argued, successfully, that agreeing to testify on behalf of NASCAR no longer protects them from deposition.
As for in person versus Zoom, 23XI and Front Row argued that Penske and Hendrick have agreed to make themselves available in Charlotte for the trial so there is also no reason they also couldn’t appear for deposition in person either.
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