Chris Gabehart believes the Western District of North Carolina should deny Joe Gibbs Racing’s second expedited discovery request, since it has already addressed the issues presented.
“JGR’s litigation strategy – file motion after motion, accuse first and ask questions later – cannot manufacture evidence of disclosure of confidential JGR information where none exists,” the response filed Wednesday by Gabehart said. “JGR is clearly desperate. It has yet to identify a single verified instance in which Mr. Gabehart transmitted, disclosed, or used any JGR Confidential Information… The only documents JGR has been able to point to are personal to Mr. Gabehart and cannot seriously be said to qualify as ‘Confidential Information’ or trade secrets – a high-level business plan and a basic scorecard form used to compile widely-disseminated race information and (race) notes.
“JGR’s latest Motion is yet another attempt to paper over this fundamental shortfall with volume rather than substance.”
In its motion filed April 2 for additional discovery, Joe Gibbs Racing stated that it had become aware of deleted text messages between Gabehart and Spire Motorsports co-owner Jeff Dickerson. Gabehart has responded that he voluntarily and transparently disclosed the deletion of those messages in response to the expedited discovery order.
Gabehart remains adamant that he did not share any information with a third party. Spire Motorsports, also a defendant in the case, has been adamant that it has no Gibbs information and does not want any.
— Racer —
AND: Overall, Chris Gabehart, through his legal counsel, is objecting to the latest expedited discovery motions made to the court from former employer Joe Gibbs Racing but also says he is making efforts to recover the deleted texts with Spire co-owner Jeff Dickerson at the center of the latest legal wrangling.
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Gabehart does not object to the recovery of those text messages, and is making efforts to procure them from his cellular provider, but does not agree to the scope in which JGR has asked the court to grant such discovery.
He says he has asked his carrier for those communications but has yet to receive a response.
— Motorsport —