Washington (the state)
Joined May 2009
Update on JGR v Gabehart & Spire - the parties engaged in mediation at the end of September but did not reach a resolution at the settlement conference. Of note, the mediator identified that efforts to resolve are ongoing such that he is not ready to say that they are at an impasse. As mentioned before, it is not surprising that the parties were not able to resolve at the settlement conference given that they are still awaiting the outcome of some pretty important motions and the finalization of discovery. I would not be surprised if this is a case where summary judgment motions will have to be filed (if not decided) before settlement discussions get closer to resolution.
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The other JGR v. Gabehart & Spire update is that Judge Rodriguez has now issued a “knock it off” order reminding the parties to follow the rules. This one is primarily aimed at JGR’s attorneys for filing “supplemental” documents to circumvent the rules that give the party filing an initial brief and a reply and the opposing party a response. I will put the full text of the order in the next comment. Judge Keesler issued one previously aimed at Spire’s attorneys for trying to litigate things by email instead of filings. It’s going to be a long month and a half for their staff as discovery wraps up and the parties brief summary judgment motions and motions to exclude expert testimony.
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TEXT-ONLY ORDER Before the Court sua sponte, subject to its direction and inherent authority, the Court enters the following Order: During a Teleconference Motions Hearing on May 5, 2026, the Court admonished the parties to review this Courts local rules, directing them to carefully review LCvR 7.1 specifically and follow its requirements. (Doc. No. 88 at 56-57). This instruction was given in part after Plaintiff Joe Gibbs Racing, LLCs filed a Supplemental Memorandum (Doc. No. 71) pursuant to LCvR 7.1(j), which Defendants opposed (Doc. Nos. 73, 75) and the Court cautioned the parties about their attempts to circumvent filing a surreply without leave of Court and inappropriately labeling it as a notice of supplemental authority. (See Doc. No. 88 at 57). Nonetheless, between October 19, 2026, and October 23, 2026, Plaintiff filed three more separate Notices of Supplemental Evidence with accompanying exhibits that span no less than 175 pages, again relying on LCvR 7.1(j), and again without leave of Court. (Doc. Nos. 328, 342, 346). The Court has already issued a warning that the parties should not file surreplies without leave of Court and must follow the requirements of the local rules, including LCvR 7.1(j) which governs citation of supplemental authorities, not evidence. (See Doc. No. 88 at 57). Because the Court believes it is best to adjudicate matters on the merits, the Court will consider Plaintiffs Notices of Supplemental Evidence, along with any responses by Defendants, for the purposes of its ruling on 219 Plaintiffs Motion for Order to Show Cause and 231 Plaintiffs Renewed Motion for Preliminary Injunction. However, no further responses and supplements will be accepted absent leave of Court. Further, the Court is troubled that Plaintiff ignored its express prior instructions and disregarded this Courts rules and instructions. Such future conduct may result in a show cause or sanctions, as appropriate. Additionally, going forward, the Court will summarily strike any new purported notices that do not comply with the Courts instructions and local rules, except that Defendants shall be permitted to file any responses to Doc. Nos. 328, 342, and 346. The Court notes that Defendant Gabehart has already responded, but is granted leave to address the substance of notices and exhibits. (See Doc. No. 338). Defendant Spire is also granted leave to respond. Such responses shall be limited to 5 pages, excluding exhibits, and must be filed no later than 5:00 pm on October 27, 2026. No replies will be permitted. The Court does, however, recognize and appreciate that the parties worked together on the submission of in camera documents, as previously directed by this Court. (See Doc. Nos. 343, 352). So Ordered. Entered by District Judge Susan C Rodriguez on 10/23/2026.
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My favorite biannual thread. I love that they started off sentimental.
Okay okay okay!!! It’s time for Left Behind: 2026 #YellaWood500. Jeeeeeez Starting off sentimental. Here’s to you, Rowdy!
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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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