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In a significant escalation of their ongoing legal battle, Joe Gibbs Racing (JGR) has filed a motion with the Western District of North Carolina Court, demanding the immediate production of deleted text messages exchanged between former employee Chris Gabehart and Spire Motorsports. JGR is also seeking a third-party subpoena to compel cell phone service providers to retrieve these allegedly deleted communications. The core of the dispute revolves around accusations that Gabehart, now Chief Motorsports Officer at Spire, misappropriated JGR’s proprietary trade secrets and is now using them to benefit his new team in the NASCAR Cup Series.
The urgency of JGR’s request is underscored by their assertion of "irreparable harm." In a court filing, JGR stated, "The nature and significance of the irreparable harm JGR is experiencing cannot be overstated. Gabehart has repeatedly admitted to taking JGR’s trade secrets, and has admitted to deleting communications responsive to the narrow scope of discovery the Court permitted to determine if he used or disclosed those trade secrets. Once a trade secret is lost it is lost forever, and ‘the potential for the loss of trade secrets . . . demonstrates irreparable harm.’” This sentiment highlights JGR’s fear that once trade secrets are compromised, their value is irrevocably diminished.
The lawsuit, JGR v. Spire and Gabehart, centers on JGR’s belief that Gabehart, their former competition director, illicitly took confidential information before transitioning to Spire Motorsports. JGR is seeking over eight million dollars in damages and is pressing the court, presided over by Judge Susan C. Rodriguez, to expedite proceedings to ascertain the full extent of potential losses.
The timeline of events, as presented by JGR, indicates a concerning pattern of behavior. It is not disputed that Gabehart continued to access proprietary JGR files even after a conversation with team owner Joe Gibbs on November 6, which led to an understanding that "it would be best to part ways." The day following this conversation, Gabehart allegedly photographed at least 20 pieces of confidential team information. Further exacerbating JGR’s concerns, Gabehart accessed a "Spire" folder on his personal Google Drive, which was synchronized with his JGR-provided computer on November 12, 14, and 15. Gabehart’s legal counsel has since issued an apology for these actions, conceding they were "stupid" and expressing embarrassment and regret.
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Conversely, Gabehart contends that JGR breached their contract first by withholding bonuses and agreed-upon financial compensation during his separation period. JGR’s defense, articulated in court, questions the rationale of continuing to compensate an individual accused of theft. The team alleges that Gabehart was in communication with Spire leadership as early as October, prior to his departure.
Spire Motorsports has consistently denied any wrongdoing, asserting that they never solicited or sought trade secrets from Gabehart. The team points to its existing technical alliance with Hendrick Motorsports as a reason why such information would be unnecessary. Spire has submitted contracts and declarations indicating that Gabehart signed non-disclosure agreements upon his formal joining of the organization.
Despite Spire’s claims, the court previously ordered expedited discovery, albeit with a limited scope, specifically concerning communications between Gabehart and Spire co-owners Jeff Dickerson and Dan Towriss. During this initial discovery phase, Gabehart revealed that he had deleted text messages with Dickerson prior to November 15, operating under the assumption that the matter would not escalate to litigation. Dickerson, in turn, disclosed that he habitually uses an auto-delete function for his text messages, a setting that was reportedly active for conversations with Gabehart until February 26.
The limited text messages that Gabehart did produce reportedly show Dickerson sending a draft of a lawsuit response that had not yet been officially filed. JGR interprets this as evidence that Spire leadership may have anticipated legal action even before the auto-delete feature on Dickerson’s devices was deactivated.
Joe Gibbs Racing also claims to have contacted Dickerson on December 3, warning of potential tortious interference and providing a 90-day window to address Gabehart’s concerns. Gabehart maintains this notification was rendered moot by JGR’s alleged failure to make promised payments. JGR argues that payments ceased once Gabehart stopped providing services and potentially began assisting Spire. Evidence supporting this claim includes allegations that Gabehart was already developing Spire-focused plans on official Spire letterhead by November 25.
JGR is now petitioning the court for additional expedited discovery beyond what has already been granted, driven by their pressing need to determine if their proprietary information is being utilized by competing teams this season. Judge Rodriguez has previously expressed reservations about granting broad "fishing expeditions" in the absence of concrete proof that JGR’s trade secrets are actively being used by Spire.
In their latest filing, JGR outlines a comprehensive request for further investigation, seeking the following from the court:
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Third-party subpoena to Jeff Dickerson: This would compel the production of all communications with Gabehart regarding employment or potential employment with Spire; all documents referencing Gabehart’s employment or potential employment with Spire; all documents or communications referencing or relating to JGR’s Confidential Information and Trade Secrets; and all documents and data related to the activation and deactivation of auto-delete features.
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Requests for production of documents on Spire Motorsports: This would require Spire to produce Dickerson’s communications with Gabehart about employment or potential employment with Spire; all communications and documents referencing Gabehart’s employment or potential employment with Spire; all communications with Gabehart referencing or relating to JGR’s Confidential Information and Trade Secrets; all documents related to document retention policies and the activation and deactivation of auto-delete features; and all data indicating when the auto-delete feature(s) were activated on Dickerson’s devices.
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Third-party subpoenas to Gabehart’s and Dickerson’s telephone providers: This seeks production of records reflecting text messages and phone calls between Gabehart and Dickerson for the period of October 1, 2025, through March 13, 2026.
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Third-party subpoenas to Joe Custer, Justin Marks, Todd Meredith, Rick Ware, and Tommy Baldwin: These individuals, associated with Chevrolet teams, would be subpoenaed for communications with Dickerson referencing or relating to JGR’s Confidential Information and Trade Secrets. This marks the second time JGR has petitioned for subpoenas against this group, following a prior request where the judge questioned the scope and necessity, deeming it potentially a "fishing expedition." JGR’s current justification is that these individuals represent the most probable recipients of communications from Dickerson concerning any trade secrets acquired from JGR.
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Court-ordered forensic review of Dickerson’s devices: This would involve a forensic examination of Dickerson’s cell phone(s), tablet(s), and computer(s) to determine if text messages responsive to JGR’s requests are recoverable and to ascertain when the auto-delete function(s) were activated.
JGR argues that "Through bad acts, negligence, or a combination of both, communications relevant to this dispute have been deleted. JGR should be permitted to serve these narrow and limited subpoenas to only a few recipients to ensure other relevant communications are not deleted by individuals not involved in this litigation, which is now the most efficient way to ensure highly relevant communications are preserved."
The central issue driving JGR’s latest motion remains the deleted text messages. The team posits, "So then, why would messages be proactively deleted? Gabehart has not provided any justification or account of his decision to delete text messages with Dickerson on November 15, 2025 and Dickerson’s purported automatic deletion practice, at a minimum, calls into question his retention of relevant material at a time when he should have taken measures to secure it. Thus, the complete unavailability of messages between two critical actors in this dispute prior to November 15, 2025 begs the immediate question of ‘why?’ The most plausible inference is that the texts were deleted to conceal misconduct. Given Gabehart’s admitted theft of JGR’s Confidential Information and Trade Secrets three days earlier, and the fact that he was communicating with the person for whose benefit Gabehart stole the information, the most plausible inference is that the misconduct was related to this stolen information.” This assertion places significant weight on the timing of the deletions and their proximity to the alleged trade secret theft, suggesting a deliberate attempt to obscure evidence of wrongdoing.
The full filing detailing JGR’s requests is available for public review. The outcome of this motion will be critical in determining the next steps in this high-stakes legal contest within the NASCAR landscape.
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