Washington (the state)
Joined May 2009
Shannon Hansen retweeted
So proud of our Crew chiefs, spotters and analytics team for having the guts to make this stage 1 strategy call at Talladega TBH- It’s only my job to make suggestions and support them if it went wrong. They get to make the calls and they deserve the credit.
Whoever decided on this strategy for RFK probably should apply to be competition director.
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Shannon Hansen retweeted
Created a thread out of the hearing story I wrote with all the slides both sides used during their oral arguments
Spire, Gabehart and Joe Gibbs Racing were in court on Tuesday to make arguments about the need (or not) for a contempt hearing and enjoining Spire (or not) to Gabehart's preliminary injunction order. motorsport.com/nascar-cup/ne…
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And here is Gabehart’s response to the sanctions request. I will put Spire’s response (as co-defendants, each had the opportunity to brief this issue even though the motion is specific to just Gabehart) as the first reply. storage.courtlistener.com/re…
JGR filed a motion for sanctions against Chris Gabehart in the JGR v Gabehart & Spire lawsuit yesterday alleging improper destruction of electronic evidence. It is the first time that we can see JGR’s version of events as it relates to Gabehart taking JGR confidential information laid out with citations to factual evidence, which primarily appears to be Gabehart’s deposition testimony. Here is a like to the filing: storage.courtlistener.com/re…
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And Spire’s response. Why would Spire respond to a motion seeking sanctions against just Gabehart? Concern that if JGR gets what it is asking for (an adverse inference instruction), a jury could mistakenly extend that beyond Gabehart to Spire. storage.courtlistener.com/re…
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Kelly has done a really nice job of laying out the arguments from yesterday’s hearing as it relates to the allegations of violation of the TRO & preliminary injunction enforcing Chris Gabehart’s noncompete.
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Looks like there were a few moments of levity in the courtroom, both related to Carson Hocevar. I would be surprised if the decisions were issued any sooner than next week given how much time the court gave for argument on both motions.
Spire, Gabehart and Joe Gibbs Racing were in court on Tuesday to make arguments about the need (or not) for a contempt hearing and enjoining Spire (or not) to Gabehart's preliminary injunction order. motorsport.com/nascar-cup/ne…
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My hunch is that if Judge Rodriguez grants JGR’s request for the preliminary injunction against Spire, she will use Gabehart’s contract to define what is JGR’s confidential information.
Court done for the day. No rulings. Afternoon portion was on whether Spire should be added to the injunction in not using JGR info. Judge mentioned she wondered how would that be applied because of the disagreements over what is considered a trade secret.
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Shannon Hansen retweeted
Judge seemed concerned that her order has been violated and pressed Spire and Gabehart attorneys as to Gabehart access to email/OneDrive account that synched to Spire laptop he had for a period of time. She indicated certain things in his brain could still be trade secrets.
Spire and Gabehart argue that JGR did not meet the burden of having clear evidence to have a hearing on whether Gabehart violated court order. That JGR gave the “greatest hits” of discovery and that his input was like trying to decide what golf club to use on the course.
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There are two motions set for hearing before Judge Rodriguez today - (1) JGR’s renewed motion for preliminary injunction against Spire and (2) JGR’s show cause motion seeking to have Chris Gabehart and Spire found in contempt for violating the temporary restraining order and preliminary injunction against Gabehart that enforced his noncompete and ordered him to return all JGR confidential information. If JGR prevails on the second, JGR basically will have established that Gabehart violated his JGR employment contract as proving violations of these two orders is de facto proving violation of the noncompete and confidential information provisions of his employment contract.
There is a court hearing today in which Joe Gibbs Racing has motioned Spire and Gabehart to prove they should not be held in contempt for what they believe is violations of the preliminary injunction. Three stories to catch you up on the status quo. motorsport.com/nascar-cup/ne… motorsport.com/nascar-cup/ne… motorsport.com/nascar-cup/ne…
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Typically administrative leave means not performing any work for the employer. I wonder if this is going to make it more complicated for the Spire attorney at the upcoming hearing on the motion for contempt.
'Administrative leave' only applies to anything NASCAR it seems. Chris Gabehart, still the Winchester Speedway track record holder behind the wheel of a Super Late Model, is spotting for Tristan McKee in the Winchester 400 tonight.
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Shannon Hansen retweeted
Straight from Richard Childress’ mouth just now, “It was fun watching @austindillon3 teach him how to burnout like that behind our @RCRracing shop!” 💙💨
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Shannon Hansen retweeted
Brexton Busch has a new behind-the-scenes video about practicing his burnout at RCR and then doing it last night at the celebration. Super calm, says burnouts are easier than he thought. Impressive stuff. youtube.com/watch?v=4uq7dM9u…
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Shannon Hansen retweeted
Brexton and Lennix Busch unveil their father's 2015 championship car at the NASCAR Hall of Fame Kyle Busch: Honoring a Legacy is now open
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New information from briefing filed this week (quoted liberally in Matt’s article) identifies that Gabehart once again had a drive synced to a work computer that contained confidential information he took from JGR (this time his Spire laptop).
Spire has placed Gabehart on administrative leave; which JGR says is because he cannot be trusted with the information he has. JGR also formally filed its claim about access Gabehart has had to trade secrets through June. This part of the contempt motion. motorsport.com/nascar-cup/ne…
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Here is a link to the order. It looks like the attorneys for all sides were trying to further resolve issues to limit what the magistrate judge had to decide between the hearing last week and this order being issued. I will put a screenshot of the last page of the order as the first reply for those who just want the TLDR recap. storage.courtlistener.com/re…
In JGR-Spire/Gabehart discovery dispute, judge rules: -JGR must provide full TRD agreement & all JGR-TRD contracts -Spire & JGR must provide final race setups for 2025 & 2026 -Spire must provide debriefs/all competition meeting notes & materials from Cup races Gabehart attended
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As a reminder the show cause motion is about if Gabehart & Spire have violated the two court orders enforcing his non-compete. His contractual obligation to not disclose confidential information is completely separate.
JGR, in filing, on its claims Spire-Gabehart have violated restraining order enforcing non-compete: "JGR is not required to prove that Gabehart’s comments were brilliant, novel, or outcome-determinative. Instead, JGR must only show that Gabehart provided prohibited services."
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