Spire, Joe Gibbs Racing continue sniping each other ahead of trial

Spire Motorsports wants the court of the Western District of North Carolina to have Joe Gibbs Racing finalize what trade secrets they allege have been stolen.

The organization argued Thursday, through counsel Troy Homesely, that they have received a new list of things Gibbs has classified as a trade secret about every three weeks. An activity, Homesley said, that has continued even as discovery has closed. Homesley told the court that proceeding that way should not be allowed as it is hard to defend their client and be prepared for a trial that is fast approaching. 

Joe Gibbs Racing, however, responded that they continue to find new things through more documents.

It was one part of the proceedings Thursday as the parties in the Joe Gibbs Racing vs. Chris Gabehart and Spire Motorsports lawsuit returned to court to argue motions on discovery issues. The arguments centered around why such information was needed to present their case or defense, as well as why it is relevant to the case.

Gibbs filed a lawsuit earlier this year against Gabehart for stolen trade secrets and breach of contract. Spire Motorsports was later added to the lawsuit as Gibbs alleges they are using the stolen information to gain an advantage, while employing Gabehart in a similar role to what he did at Gibbs.

The additional motions from Spire Motorsports that Homesley argued were for the production of documents that hone in on what Gabehart’s role was with Gibbs for comparison’s sake. It was proposed that Gibbs share a month of emails and notes showing what Gabehart did as a crew chief as well as the same for when he became the competition director.

Homesley also argued before the court that they are having issues with what information is being used in the ‘clean room.’ This is a secure computer that documents pertaining to the case of being placed on that only those with access can view. However, Homesley claimed that the defendants are having a far harder time going through that process than Joe Gibbs Racing, and suggested that the court can help specify what is being uploaded on that device and how it can be accessed.

Lawrence Cameron, also on behalf of Spire Motorsports, argued for the release of certain documents. Those being: metadata to hone in on when Gabehart accessed the information Gibbs alleges he had, Gibbs confidentiality agreements with Toyota Racing Development (TRD) to see what level of protection there is on the secrets, and what services Gabehart provided for Gibbs. 

Joe Gibbs Racing motions

Gibbs, meanwhile, made its own arguments for documents it wants produced. There were four parts argued by counsel Chad Walker: setup information, competition meeting materials, additional technical documents, and depositions.

The request on setup information is because Gibbs wants to compare the 2025 setups are Spire with their 2026 setups. It is their belief that this will show whether they are relying on Gibbs information.

On the need for additional documents, the goal is to show the change in Spire’s performance since Gabehart was hired. 

The competition meeting material requested is because Gibbs wants to see what meetings Gabehart attended, what he contributed, or what he was listening to and receiving. Judge David Kessler countered that it “feels invasive” to what all of that meeting information, but Gibbs said the notes and presentations will show Gabehart’s involvement. 

During its time to present, Walker revealed that Gibbs had found that Gabehart had access to its information through June of this season. He also allegedly shared information with Spire Motorsports crew chiefs.

Spire response

Cameron countered that Gibbs should be asking for specific trade secret usage so that Spire Motorsports can narrow down what to produce. He went on to say that a lot of Gibbs has done is fail to find what they were looking for with narrow requests, so they continue to get broader.

On the request for setups and documents, Cameron said it is inappropriate to do such a comparison because things in the sport change and evolve. Therefore, it would not be accurate to say that Spire Motorsports improved or their numbers look similar to Gibbs as proof they are using Gibbs information.

Gabehart motions

For starters, Gabehart still seeking to get Toyota Racing Development (TRD) to hand over certain communications. The first would be international communications between TRD employees on the lawsuit, his departure from Joe Gibbs Racing, and his hiring at Spire Motorsports. The former crew chief and competition director at Gibbs left the organization late last year and was hired by Spire Motorsports earlier this season in what they have said is an executive role.

Another part of Gabehart's communications request is communications from TRD to any third parties. The specifics are the same as noted above: the lawsuit, his departure from Gibbs, and his move to Spire.

Gabehart is seeking communications from Slugger Labbe, Jack Irving, Andy Graves, and Tyler Gibbs. Gabehart’s counsel, Anna Claire Tucker, argued before the court that those individuals communicate regularly with Joe Gibbs Racing and that those communications may have included discussions about the lawsuit. 

Regarding these communications, Gabehart and his counsel believe they're relevant because TRD gives all its Cup Series teams technological information. In that sense, Tucker argued it is relevant to know why Gibbs is saying he stole Gibbs secrets, if all the teams have the information. 

The third part is wanting to see the alliance agreements between Joe Gibbs Racing and TRD. Tucker argued that, on this point, it would help them understand why some individuals have been able to leave Joe Gibbs Racing without a non-compete enforced, but Gabehart was not. 

TRD response:

Nate Pencook, counsel for TRD, appeared on behalf of his clients to counter that they are not a party to the case and have not been involved in the matters as Gabehart and Spire Motorsports allege. TRD does not get involved in lawsuit strategy, but does get updates from Gibbs on what is happening.

Pencook told the court that, regarding documents that haven’t been turned over, there are disputes about confidentiality and privilege, as well as the fact that they are a non-party being asked for their internal communications. 

Pencook also repeatedly argued that TRD was not involved in filing the case. Instead, it is about Gibbs contracts and Gibbs wanting to go enforce them.

“Toyota has nothing to do with it,” said Pencook. 

He also read part of Joe Gibbs’s deposition in which he acknowledged that he gave Tyler Gibbs notice that the case would be filed, and why they felt strongly about doing so. But it was a courtesy as a business partnership, not to get TRD’s blessing.

When Judge Keesler pressed Pencook on why TRD was fighting so hard, Pencook reiterated that they don’t want to be involved or have Gabehart access confidential information he doesn’t need. Pencook also told Kessler they have no stake in the outcome of the case.

Hendrick Motorsports

Bailey King told the court on behalf of his client that they want to protect their trade secrets during these proceedings. Hendrick Motorsports has a technical alliance with Spire Motorsports, and was concerned that documents that were being asked for would cross into Hendrick Motorsports territory. But it was noted to the court that Hendrick and Joe Gibbs Racing have reached an agreement to not release anything pertaining to HMS.

Judge Keesler told the court at the end of the day’s proceedings that he is aiming to have a ruling on all the motions on Monday.