Gibbs granted preliminary injunction against Gabehart

Joe Gibbs Racing has been granted part of the preliminary injunction relief it sought against Chris Gabehart.

Judge Susan Rodriguez finally handed down her ruling late Thursday night, after the initial request was filed in late February. Gibbs has been seeking to prevent Gabehart, its former competition director, from serving in what they have argued is the same role at Spire Motorsports. The organization is suing Gabehart over stolen trade secrets and looks to enforce an 18-month non-compete clause.

Judge Rodriguez ruled that Gabehart must not retain, transfer, use, or copy any of Gibbs confidential information and trade secrets, disclose that information, return any information and secrets in his possession, and he cannot work in the same role at Spire Motorsports. He was hired as the organization’s chief motorsports officer, which they outlined has executive oversight of all of their racing entities.

“For the sake of clarity, the Court is not requiring Gabehart to resign from his position at Spire or prohibiting him from working for Spire,” Rodriguez ruled. “Other services not performed at JGR in the year prior to his termination are permissible. This Order does not prohibit Gabehart from attending the NASCAR Cup Series and the NASCAR O’Reilly Auto Parts Series or prevent him from performing other services at those races …”

The ruling is not dissimilar to the temporary restraining order Gabehart was already working under, which was issued in March. Judge Rodriguez denied a preliminary injunction against Spire Motorsports because Joe Gibbs Racing has not yet submitted evidence that it has received, accessed and used the stolen information.

It has already been proven, and Gabehart has admitted to taking photographs of Gibbs’ information and creating folders on his laptop. He and Gibbs were initially working through a separation agreement at the end of last year before the company became aware of his actions. Additionally, forensic examinations of Gabehart’s electronic devices are ongoing.

As for the non-compete, although Gabehart has argued that Joe Gibbs Racing breached his contract first, Judge Rodriguez ruled it is enforceable. It prevents Gabehart from serving in the competition director role.