Joe Gibbs Racing Wants Spire Bound by an Injunction That Covers Only Gabehart. The Judge Hasn’t Ruled, and Trial Starts Feb. 1

Joe Gibbs Racing wants a judge to hold Chris Gabehart in contempt and bind Spire Motorsports to an injunction that so far covers only him. U.S. District Judge Susan Rodriguez heard arguments in mid-October and, according to RACER, did not rule from the bench. NASCAR's championship race is Nov. 8 at Homestead-Miami. This fight has until at least Feb. 1, when trial starts.

In April, Rodriguez granted a preliminary injunction against Gabehart, according to RACER. It bars him from keeping, using, copying or disclosing JGR's confidential information, and from working in the same role at Spire. She did not order him to leave Spire, and he may attend Cup and O'Reilly Series races and perform services he did not perform at JGR in the year before his termination. She denied an injunction against Spire itself because JGR had not yet shown Spire received, accessed or used the information. She also found an 18-month non-compete enforceable, which bars him from serving as competition director. Spire hired him as chief motorsports officer.

RACER reported that Gibbs asked the judge to extend the injunction to Spire, bar Spire from running its current underbody and gearbox cooling approaches until the case is resolved, find Gabehart in contempt, and keep him on administrative leave for the duration of the case. The hearing only addressed whether a contempt hearing is needed.

Gibbs argued that Gabehart kept doing the work of a competition director after the orders took effect, including attending at least 12 Cup competition meetings this year. RACER reported that Spire crew chief Travis Peterson testified Gabehart gave tire pressure numbers at Circuit of the Americas that matched JGR's, and that Peterson "probably" received JGR information verbally from him. Gibbs also pointed to a spreadsheet Gabehart made at Spire, called "CG Master," which it says resembles JGR's "CC Audit."

Spire's lawyers argued the injunction covers only Gabehart, not the team, and that the practices Gibbs describes are common shop talk. They said the improvement came from more spending and driver Daniel Suarez, and pointed to a 50 percent drop in DNFs. They also said Goodyear's recommended tire pressures are available to every team. Spire does not dispute that Gabehart attended meetings or made comments, RACER reported, but says there is no evidence Gibbs documents were transferred to Spire personnel. Gabehart's lawyer called the evidence about his contributions "hazy." Spire has since placed him on administrative leave, and he no longer attends meetings or races, according to the filings RACER described.

Rodriguez said Gabehart's conduct "might have been a little sloppy" and that he should have had better legal guidance, RACER reported. She also said trade secrets can be held in memory and misappropriated, noted there is no evidence the information appeared in Spire's competition materials, and questioned how an order could apply when the parties do not agree on what counts as a trade secret.

A ruling will come at a later date, RACER reported. The trial is scheduled to begin Feb. 1.

Spire says tire pressures come from Goodyear and every team has them. Gibbs says Spire crew chief Travis Peterson testified that Gabehart's numbers matched its own. If a number can come from either place, what exactly is the secret?