Charlotte, NC – In a significant development ahead of the highly anticipated antitrust trial brought by 23XI Racing and Front Row Motorsports against NASCAR, legendary team owners Rick Hendrick and Roger Penske have been ordered by the Western District of North Carolina to undergo deposition interviews. This judicial mandate will allow legal counsel for the plaintiff teams to question both titans of motorsport under oath before the trial officially commences on December 1st.

A deposition is a critical component of the discovery phase in legal proceedings, requiring individuals to provide sworn testimony and relevant documents outside of a courtroom setting. This process is designed to ensure both parties have a comprehensive understanding of the facts and evidence pertinent to the case, thereby minimizing the potential for surprise or undue delay during the trial itself.

The order to depose Hendrick and Penske comes after NASCAR indicated its intention to call both prominent figures to the stand during the upcoming trial. This late disclosure by NASCAR surprised the legal teams representing 23XI Racing and Front Row Motorsports, prompting them to immediately file a motion with the court requesting the opportunity to interview the two team owners in advance.

In their motion, filed on Wednesday afternoon, the plaintiff teams articulated their surprise at NASCAR’s late revelation of these key witnesses. "The late disclosure certainly comes as a surprise to Plaintiffs, as NASCAR waited until well after the close of fact discovery to disclose these witnesses, even though NASCAR was well-aware of their existence and knowledge regarding the facts at issue in the case," the filing stated. The motion further highlighted that NASCAR had previously sought extensive discovery from the Penske and Hendrick Cup Series teams, including detailed financial information and documents related to the 2025 Charter negotiations, yet had not identified Hendrick and Penske as potential witnesses at that earlier stage.

Related News :

• Phoenix Tire Woes: Teams Push Limits in Championship Showdown, Not Supplier
• NASCAR Antitrust Lawsuit Reaches Critical Juncture as Mediation Looms Before December Trial
• Judge’s Ruling Jolts NASCAR: Sanctioning Body Faces Antitrust Scrutiny Over Market Power and Charter System
• Kyle Larson Claims Second NASCAR Cup Series Championship in Overtime Thriller at Phoenix; Blaney Victorious in Season Finale
• Larson Claims Second NASCAR Cup Crown in Overtime Thriller as Hamlin’s Championship Dream Fades

The plaintiffs’ legal team, led by attorney Jeffrey Kessler, argued that depositions were the "only option to avoid unfair surprise at trial and trial disruptions requiring counsel to waste court and jury time on foundational issues that could have been explored during depositions." They also suggested that NASCAR’s actions could be construed as an attempt to "sandbag" the plaintiffs, potentially warranting the exclusion of Hendrick and Penske’s testimony altogether. However, rather than seeking exclusion, the teams requested the court’s permission to proceed with the depositions.

"As detailed above, NASCAR amended its initial disclosures multiple times, but inexplicably waited until more than two months after the close of discovery to disclose Messrs. Hendrick and Penske," the motion continued. "Exclusion of their testimony would be appropriate under these circumstances. Nonetheless, Plaintiffs do not seek the exclusion remedy at this juncture. Instead, they ask that the Court grant them leave to depose Messrs. Hendrick and Penske before trial."

Notably, NASCAR did not object to the plaintiffs’ motion to depose Hendrick and Penske. This lack of opposition from the sanctioning body suggests a willingness to cooperate with the court’s discovery process, at least concerning this specific request.

Hours after the motion was filed, Judge Kenneth D. Bell formally granted the request, ensuring that both Rick Hendrick and Roger Penske will provide deposition testimony prior to the trial’s commencement. The court’s order explicitly stated, "For good cause shown (NASCAR’s identification of Mr. Hendrick and Mr. Penske as persons with discoverable information and likely to be called as witnesses at trial well after the close of fact discovery), the Court will GRANT the motion and permit Plaintiffs to depose Mr. Hendrick and Mr. Penske prior to trial."

The antitrust lawsuit stems from allegations brought by 23XI Racing and Front Row Motorsports, two prominent NASCAR Cup Series teams, against NASCAR. While the specific details of the lawsuit have not been fully elaborated in public court documents, such antitrust cases typically involve claims of monopolistic practices, unfair competition, or restraint of trade that allegedly harm smaller competitors or the market as a whole. The inclusion of the Charter system, a controversial framework that governs team participation and revenue distribution in the Cup Series, is widely believed to be a central point of contention in the legal battle.

Rick Hendrick, owner of Hendrick Motorsports, is one of the most successful figures in NASCAR history. His team has amassed an unparalleled record of championships, victories, and accolades across various NASCAR series. Hendrick Motorsports fields multiple entries in the Cup Series, including those driven by decorated drivers such as Kyle Larson and Chase Elliott, who have both secured Cup Series championships under Hendrick’s ownership. The team’s sustained dominance and financial strength make Hendrick a crucial figure in understanding the dynamics of team ownership and competition within NASCAR.

Roger Penske, often referred to as "The Captain," is another iconic figure in motorsports. His empire extends beyond his highly successful NASCAR Cup Series team, Penske Racing, to include ownership of the Indianapolis Motor Speedway and the NTT IndyCar Series. Penske Racing has a storied history in NASCAR, with drivers like Joey Logano and Ryan Blaney achieving significant success, including multiple Cup Series championships. Penske’s deep involvement in various facets of professional racing provides him with a unique and broad perspective on the sport’s business and regulatory landscape.

The impending trial is expected to shed light on internal NASCAR operations, the financial health of team owners, and the fairness of the sport’s governance. The depositions of Hendrick and Penske are anticipated to yield valuable insights into their experiences, knowledge of NASCAR’s business practices, and their perspectives on the issues central to the antitrust claims. Their testimony could significantly influence the proceedings, providing crucial context for the judge and jury as they deliberate on the complex legal and competitive issues at play.

The timeline for the depositions has not yet been publicly disclosed, but they are expected to take place in the weeks leading up to the December 1st trial date. The outcome of this lawsuit could have far-reaching implications for the future structure and business model of NASCAR, potentially impacting how teams operate, how revenue is distributed, and the overall competitive balance within the sport. As the legal battle intensifies, the racing world will be closely watching the developments surrounding this high-stakes antitrust case.

💬 Tinggalkan Komentar dengan Facebook

Author Profile

rifan muazin

Latest entries

• Nascar CupNovember 6, 2025NASCAR Antitrust Lawsuit: Hendrick and Penske Ordered to Testify as Key Figures in Looming Trial
• Nascar CupNovember 6, 2025NASCAR Cup Series Sees Significant Viewership Dip in 2025 Amidst Broadcast Realignment
• Nascar CupNovember 6, 2025Seven-time NASCAR Cup Series champion Jimmie Johnson Set to Compete in Historic San Diego Street Race
• Nascar CupNovember 5, 2025Briscoe Reflects on Championship Bid Frustration Amidst Stellar Joe Gibbs Racing Debut