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Judge Orders Penske and Hendrick to Sit for Full, In-Person Depositions in NASCAR Charter Antitrust Case

The ruling denies a bid to limit questioning after NASCAR said it plans to call the team owners as trial witnesses.

Overview

  • U.S. District Judge Kenneth D. Bell rejected a protective order sought by Rick Hendrick and Roger Penske, stressing that no party will receive special treatment.
  • The court ordered unrestricted, in-person pre-trial depositions to proceed under federal rules before the Dec. 1 jury trial in Charlotte.
  • Hendrick and Penske had pushed for remote depositions and limits on questions, including those touching on financial information.
  • NASCAR added both owners to its witness list at CEO Jim France’s request, prompting the plaintiffs to assert their right to depose them ahead of trial.
  • The case heads to trial following recent rulings that defined the relevant market as premier stock-car racing and dismissed NASCAR’s countersuit.