Full Throttle

It’s safe to say with the speed and amount of motions, and counter motions being filed in the Mayfield vs NASCAR case Santa may need to place a few crates of legal pad under their respective Christmas trees.

Maybe a gift wrapped box of common sense would be appropriate also.

NASCAR has asked a federal court to stop lawyers for suspended driver Jeremy Mayfield from collecting information from the ex-wife of chairman Brian France.

Mayfield’s attorneys subpoenaed Megan France last week requesting documents about a lawsuit filed against her by Brian France. The attorneys also asked for joint tax returns and mail addressed to Brian France.

NASCAR filed a motion in U.S. District Court on Monday asking that Megan France be barred from producing the documents.

Among the documents requested of Brian France’s former wife Megan France include the following:

• Any civil complaint filed against her by Brian Z. France
• Any mail in her possession that is addressed to Brian France at any address in North Carolina.
• Tax returns from tax years 2007 and/or 2008 where she was a joint filer with Brian France.
  Produce any documents under the possession, custody or control of her or her attorneys relating to any lawsuit which Brian Z. France has filed in the past two years, whether such lawsuits are against her or not.

In response NASCAR filed a separate motion to prevent disclosure of such documents to Mayfield’s attorneys, noting that many of the documents requested are sealed, based on a court order in unrelated litigation between Brian France and Megan France.

NASCAR notes that the “production of these documents would violate that court order. Other document requests are overboard and seek documents completely unrelated to this litigation.”

Well yes, unrelated to anyone but high priced lawyers on retainer.

What possible bearing do any of those documents have on the current bruhaha? The Frances were divorced a year before Mayfield popped positive for meth, a year before the both of the tax returns in question were filed.

Do they think the two France’s were exchanging snail mails outlining some grand conspiracy to get Mayfield out of the sport?

For Mayfield’s part I get it, it’s not the first time he’s used a court proceeding to embarrass someone, and probably won’t be the last given his record.

At this point one must ask, what the frigging hell are his lawyers doing?

Have they become “true believers” after reading the Brian France hit piece published by a former NASCAR beat writer? The book alleges France is basicly devil incarnate and has had drug problems ans well as many other unsubstantiated claims.

Mayfield’s legal team requested Megan France be deposed on December 4th, conveniently the same day the entire NASCAR brain trust is in Las Vegas for the Sprint Cup banquet.

A fact not lost on them I’m sure.

” … it is apparent that Plaintiffs (Mayfield and his lawyers) seek to obtain testimony on subject matters and records that are under seal in an unrelated litigation between Brian France and Megan France concerning certain domestic issues. However, domestic issues in general between Brian and Megan France are not relevant to the claims and defenses in this litigation and the proceedings in that domestic case have been placed under seal by court order. Plaintiffs undoubtedly are seeking to harass, embarrass and annoy Mr. France by making private domestic issues that are not relevant to the claims and defenses in this case public.”

NASCAR later notes:

“First, if Plaintiffs (Mayfield and his lawyers) have a legitimate reason to exclude Defendants’ representatives and Mr. France from attending Megan France’s deposition — which they do not - it is Plaintiffs’ burden to seek and obtain a protective order from this Court precluding those representatives’ attendance. Second, Plaintiffs have failed to provide any sufficient reason why the deposition of Ms. France cannot be set on a date after December 4th that is mutually agreeable to all counsel and parties.”

It should be noted here, Mayfield and his lawyers aren’t the only ones seeking to open the sealed divorce case files, the Charlotte Observer has recently asked the court to open those documents.

Why do I get the feeling some of these people are no different than those that robbed ancient Egyptian graves?

Or am I overreacting?

UPDATE: In late breaking news, Mayfield is being sued by his former lawyer’s law firm, James, McElroy and Diehl. They claim Mayfield and Mayfield Motorsports owes the firm $371,973.66, plus attorney fees, late charges and interest since Oct. 22.

Damn, I missed it by a bit, I guessed the amount to be 400k. Oh well, those pesky attorney fees added on will bringing it closer to my guess.

Contrary to any alleged perfection on my part, I surmised Diehl left the case due to either screw ups by someone working under him, or some unknown factor, his leaving is actually a bit more interesting.

Diehl’s law firm represented Megan France in the couple’s divorce proceedings. And obvious conflict of interest popped up as soon as Jeremy’s current lawyers filed papers to depose her.

The conflict occurred prior to his firm actually leaving, but it is an interesting factoid none the less.

UPDATE: True to this post’s title there is a “spare motion” to file, filed late on the eve of Thanksgiving no less.

This latest filing claims NASCAR, specifically Brian France, has misrepresented his primary residence to have the suspended driver’s lawsuit moved to federal court. The original lawsuit was filed in North Carolina state courts but was moved to federal courts at the request of NASCAR the day before the preliminary injunction hearing in state court.

In that request, France said that while he owns a home in North Carolina, he considers his home in Florida his primary residence. Four days earlier in a claim filed in North Carolina Superior Court involving his former in-laws who were living in a house he owns in North Carolina, France said he was a citizen of both Florida and North Carolina but doesn’t indicate which is his primary residence.

Specifically the document says:

“France claimed to be a resident of Mecklenburg County and a citizen of North Carolina, four days later, to avoid the preliminary injunction hearing scheduled for the next day, he and his lawyers claimed, essentially, that he was NOT a citizen of North Carolina, but solely a resident of Florida,” Mayfield’s filing states. “… Apparently, Mr. France claims to be domiciled in Florida when it suits him for tax-avoidance purposes, but claims be domiciled in North Carolina when it suits him in litigation.”

First of all, someone remind me who has been crying about delays in this case?

That’s right, Mayfield. And now of the eve of Thanksgiving Geragoes and Co. file some frivolous BS about residences.

The reason, as stated in NASCAR’s request to move the case to federal court, is the sport is national in scope in addition to Mayfield claiming all along drug tests conducted by NASCAR must follow federal guidelines.

Who the friggin’ hell is better suited to rule on a federal question than a U.S. Federal Court?

In another motion filed Wednesday, France’s ex-wife, Megan France, asks the court to prohibit her from turning over to Mayfield’s attorneys documents that are currently sealed from domestic litigation between her and Brian France.

Mayfield’s attorneys stated in another filing Wednesday that they are not interested in exploiting the details of Brian France’s personal life but are interested solely in matters material to whether he made false statements as far as his residence was concerned.

The entire series of posts related to this subject can be read here.