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 )(10-18-2013) UPDATE: Jennifer Jo Cobb anticipates the Rowan County District Attorneys office will drop the criminal charges against David Novak, Mike Harmon and another individual. Although a victim is not the ultimate decision maker on whether the prosecutor will pursue a case, Cobb emailed a request to the Assistant District Attorney this morning that the charges be dropped and anticipates he will be amenable to that request. ‘After much discussion with my legal counsel I have decided that upon the conclusion of the civil matters, I would like to be finished with any further connections to these parties and events. To endure an ongoing criminal case would simply be counterproductive to my moving on and the 2014 race season’ Cobb said. In both December and May, Cobbs racing team suffered significant losses that led to the arrests. Cobbs former business partner, Novak, sued her in Federal court in North Carolina and Cobb sued him in civil court in the state of Kansas, where JJC Racing, LLC was formed. The NC Federal lawsuit against Cobb was dismissed last week and the Kansas civil case is set for a hearing on damages endured by the company on November 20.(Jennifer Jo Cobb PR)(10-24-2013) UPDATE 2: The state of North Carolina officially dropped the charges in the case, filing paperwork stating, ‘After careful review of all evidence in the case, including, but not limited to, financial records, personal correspondence, tax records, legal filings and corporate filing, the State concludes the charges cannot be proven beyond a reasonable doubt. In particular, the elements of intent and ownership of the property in question cannot be proven beyond a reasonable doubt. The alleged conduct and issues raised are more appropriate for civil litigation. In addition, the prosecuting witness no longer wishes to pursue criminal charges.”
