A federal judge Thursday granted Jennifer Jo Cobbs motion to dismiss a lawsuit by former business partner David Novak, ending a chapter in a case that has included accusations of stealing race equipment and arrests – including to a fellow competitor. Cobb said Friday at Talladega Superspeedway she wasnt surprised by the decision. Cobbs suit against Novak remains in District Court of Wyandotte County, Kan. A hearing on damages is scheduled Nov. 20. Novak filed a lawsuit in February in U.S. District Court in North Carolina claiming he had contributed more than $1 million to the race team he co-owned with Cobb and that she had removed nearly $250,000 for personal use. Novak also claimed that Cobb broke into the teams warehouse in January and stole the teams trailer, which transported the Camping World Series truck she drove. The trailer, valued at nearly $280,000, was stolen from Cobb in May. Arrest warrants were issued in May for Mike Harmon, a driver in the Camping World Truck Series, Novak and Sheila Rice in relation to the trailer theft. Additional arrest warrants were issued in June for Harmon and Novak for the theft of five racing trucks, two races cars and other property belonging to Cobb with a total value of $125,000, according to a report by the Rowan County (N.C.) Sheriffs Office. Cobb said the trailer and other equipment have not been retrieved. Harmon and Novak both have a court appearance scheduled for Oct. 30 in Rowan County. Novak sought a temporary restraining order and preliminary injunction in February to keep Cobb from operating equipment owned by JJC Racing, which was jointly owned by Cobb and Novak, and pay back funds he claimed she took. Judge Richard L. Voorhees denied that motion. Judge Voorhees granted Cobbs motion to dismiss the suit Thursday, citing it lacked subject matter jurisdiction, which is the requirement that the court have power to hear the specific kind of claim that is brought.( MRN.com )
