NASCAR Lawsuit: Teams Call out Potential “Sanitized” Testimony at Trial from Hendrick and Penske

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Kauy Ostlien

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What’s Happening?

As part of their attempts to depose NASCAR Team owners Rick Hendrick and Roger Penske, the legal counsel for NASCAR teams 23XI Racing and Front Row Motorsports once again called on the court to enforce this deposition on Monday morning.

Last week, one of the latest NASCAR lawsuit storylines kicked off on Wednesday when 23XI Racing and Front Row Motorsports requested to depose NASCAR team owners Rick Hendrick and Roger Penske.

This request, overlooked by some, was granted shortly after by Judge Kenneth D Bell, meaning the two legendary owners would supply a sworn testimony prior to the trial as part of the discovery process.

However, on Friday, the two owners responded, stating that this request came quickly and without much warning, and also reiterated that they “have made clear that they will not ‘take sides’ in this case.”

Furthermore, the filing claimed that Hendrick and Penske had, due in part to their relationship with NASCAR CEO Jim France, “agreed to provide the requested limited scope of testimony if required by a duly served subpoena.”

“Neither man wants to play any role in this lawsuit whatsoever and have made clear that they will not ‘take sides’ in this case. However, in view of their decades-long relationship with Mr. France, they agreed to provide the requested limited scope of testimony if required by a duly served subpoena.”

According to the original filing, the two owners are designated witnesses for the December trial, but not for the ongoing discovery period, which is quickly coming to a close.

In today’s filing, 23XI and FRM’s legal team claim that NASCAR added them to the trial witness list and, regarding the aforementioned “limited scope of testimony,” expressed fears of a “sanitized trial testimony that they admit NASCAR CEO Jim France has asked them to provide.”

As a result, the teams are seeking to comprehensively speak with the team owners, even citing Hendrick Motorsports Vice Chairman Jeff Gordon’s past admission that “Hendrick Motorsports has not made a profit in ten years” as a reason for deposing Hendrick.

Gordon made headlines in early 2024, prior to the signing of the 2025 NASCAR Charter Agreement, when he made this exact claim during an interview with Dale Earnhardt Jr. on The Dale Jr Download.

“We don’t make money. I don’t think Hendrick Motorsports has made a profit in ten years.” Jeff Gordon on The Dale Jr Download February 2024

This storyline will likely continue as discovery comes to an end, and the teams prepare for their court date on December 1.

For their part, in last Friday’s filing, both Hendrick and Penske, much like many fans and other industry members, make it clear they believe the battle should have already ended, calling it “a lawsuit that should have settled long before now.”

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Picture of Kauy Ostlien

Kauy Ostlien

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