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Sprint Cup owner sues fellow owner, seeks NASCAR charter

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STATESVILLE, N.C. – A Sprint Cup team owner’s lawsuit seeks the charter NASCAR granted his former partner.

Hillman Racing, team owner Mike Hillman and partners Doug Fuller and Matt Miller filed suit Friday in North Carolina Superior Court in Iredell County against former partner Joe Falk, Circle Sport, Leavine Family Racing and Circle Sport-Leavine Family Racing.

Hillman Racing and its partners seek a judgment in excess of $25,000, punitive damages, rights to ownership of the No. 33 team, its charter and all the profits and benefits that Circle Sport-Leavine Family Racing’s No. 95 car enjoys.

Falk aligned with Leavine Family Racing before this season to form Circle Sport-Leavine Family Racing.

As part of the merger, the No. 95 was maintained but inherited the No. 33 team’s points and performance, making it eligible for one of the 36 Sprint Cup charters NASCAR granted before the season.

Hillman Racing’s No. 40 was not granted a charter because it had not competed full-time the past three seasons.

The complaint by Hillman Racing states that Falk improperly entered into an agreement with Leavine Family Racing.

Falk told NBC Sports: “We believe the plaintiffs’ claims are without merit but will not comment further since litigation is ongoing.’’

Court documents state that Falk and Hillman Racing formed a partnership in Feb. 2012, agreeing to race under the Hillman Racing banner and operate from the team’s Mooresville, North Carolina, shop.

Michael Waltrip drove the team’s No. 40 car in the Daytona 500. Court documents state that due to NASCAR rules at the time, Waltrip’s run in that car caused it to be considered a fourth Michael Waltrip Racing entry. That prevented Hillman Racing from fielding any other car in 2012 because of the four-car limit.

During Daytona 500 qualifying, according to court documents, Richard Childress approached Falk to see if the group had an interest in purchasing the points associated with the No. 33 car, owned by Richard Childress Racing. They did.

According to the lawsuit, Falk, Hillman, Childress and Torrey Galida, president of RCR, met at Childress Vineyards for lunch before the Phoenix race in March 2012 to discuss arrangements. The points would be sold for $200,000 if the No. 33 car was in the top 35 in points following the first Texas race. If not, the price would be $100,000.

The points were sold for $100,000.

Because Hillman Racing could not operate an additional car because it was considered a fourth MWR entry, the parties agreed that Falk would form Circle Sport for the purpose of purchasing the No. 33 car’s points and contributing those points to the partnership.

Throughout the 2012 season, according to the complaint, the partnership of Hillman Racing and Falk operated the No. 33 car.

The partners initially agreed Falk would use the race winnings from the No. 33 car to reimburse all operating expenses (including engine and tire bills) and pay back the $100,000 purchase price for the No. 33 car’s points, according to the complaint. Whatever winnings remained after payment of expenses would be transferred to Hillman Racing to pay operating expenses, including employees, lease payments, equipment and other items.

The partnership continued in 2013 and included an agreement with Richard Childress Racing for it to operate the No. 33 car in select races. As part of the agreement, RCR arranged for Earnhardt Childress Racing to supply an engine at a reduced price to the team’s No. 40 car for the Brickyard 400. After making the race with that car, Hillman Racing began running it every week.

The complaint states that over time, Hillman purchased equipment and parts in Circle Sport’s name and that Falk negotiated and entered into agreements on behalf of Hillman Racing. The complaint also states that earnings from both the No. 33 (Circle Sport) and No. 40 (Hillman Racing) were combined to pay for operating expenses and pay back the $100,000 note for the purchase of the No. 33 car’s points.

In 2014, the No. 33 and No. 40 cars ran full-time. The complaint states that Hillman and Fuller brought in “numerous sponsors” for the No. 33 car. The complaint states: “During the process of securing these sponsorships, Hillman and Falk explained that Hillman Racing and Circle Sport operated pursuant to a partnership as part of the same organization.’’

The complaint states that “while Falk has invested into the Partnership, his contributions paled in comparison to that made by the other partners. Likewise, Falk rebuked a request by Miller and Fuller to establish a credit line to cure a significant (i.e. at least $350,000) operating shortfall from 2014.’’

The complaint states that as the 2014 season came to an end, “tensions began to mount” between the partners and Falk, “mostly due to Falk’s continued failure and refusal to contribute sufficient funds to continue to properly operate the Partnership’s race teams. As a result, Hillman and Hillman Racing contributed substantially more assets and incurred substantially more debt.’’

Court documents state that for the 2015 season, the partnership agreed to divert more resources to the No. 40 car, making it the flagship car. The partners agreed to allow Richard Childress Racing to operate the No. 33 car for multiple races in return for a payment of $25,000 for all races except the Daytona 500 (in addition to other details regarding the payment of purse and plan money, etc.). RCR would pay $75,000 for the Daytona 500.

The complaint alleges that before the Daytona 500 Hillman “discovered that Falk directed a sponsor for the 40 car to write the sponsorship check (for funds due from the 2014 season) payable to Circle Sport and not Hillman Racing. Of course, the parties had all previously agreed and understood that sponsorship funds were to be utilized to fund racing operations, for which Hillman Racing incurred substantial debt.’’

After the Daytona 500, according to the complaint, Hillman and Falk agreed to terminate their partnership after the 2015 season.

Among the agreements the complaint states is that following the 2015 season, Circle Sport and Falk would “transfer all of their right, title and interest in and to the 33 points, and to all other property acquired by the Partnership to the remaining partners or an entity to be designated by them.’’

In March 2015, then-counsel for Hillman Racing drafted a written “Purchase Agreement” for the termination of the partnership and transfer of assets, including the No. 33 car’s points.

The complaint states that Falk initially did not respond with any objection but later failed and refused to sign the agreement.

In May 2015, according to the complaint, Falk sent Hillman an email stating that he wanted to own the No. 33 car’s points outright at the end of the year. Hillman did not respond because the remaining partners did not want to modify their termination agreement.

The complaint states that in Oct. 2015 Hillman was informed by NASCAR personnel that material terms of the charter system had been agreed upon. Court documents state that NASCAR informed Hillman that the field would be reduced from 43 to 40 cars and that 36 would receive charters. Hillman was informed that the No. 33 would receive a charter but not the No. 40.

The complaint states “because the Partnership continued to have Circle Sport listed as the designated owner of the 33 points, NASCAR personnel informed Falk that the 33 car could receive a charter.’’

In late January 2016, Circle Sport announced its merger with Leavine Family Racing. The complaint states that Hillman and his partners were not included in the discussions with Leavine and that the announcement came as a “surprise.’’

The complaint states: “As a results of the circumstances described … the 40 points are of negligible value, the Partnership is unable to race full-time during the 2016 race season, Hillman and Hillman Racing have no ability to pay for the significant debt incurred in the 2013, 2014 and 2015 race seasons, and the remaining partners have been forced to liquidate many of the Partnership’s remaining assets.’’

Hillman Racing attempted to make the Daytona 500 with Reed Sorenson but failed to do so. The team has not entered a Cup race since.

Mother of Dale Earnhardt Jr. and Kelley Earnhardt Miller dies at 65

JR Motorsports
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Brenda Jackson, mother of Dale Earnhardt Jr. and Kelley Earnhardt Miller, has died following a battle with cancer, JR Motorsports announced Monday. She was 65.

Formerly Brenda Gee, she married Dale Earnhardt in 1972. Together they had Kelley (1972) and Dale Jr. (1974) before separating.

Jackson was one of two daughters and four children to NASCAR fabricator Robert Gee, a Virginia native who built winning cars for racers, including Earnhardt.

After her separation from Earnhardt, the children stayed with her as Earnhardt tried to establish his racing career. After a fire claimed their home, Jackson moved back to Virginia while the children went to live with Earnhardt.

She remarried in 1985 to William M. Jackson Jr., a firefighter in Norfolk, Virginia. When he retired they moved back to North Carolina with step-daughter Meredith. Jackson joined JR Motorsports as an accounting specialist in 2004 and remained there through 2019.

Jackson is survived by her husband; her children Dale Earnhardt Jr. (wife Amy), Kelley Earnhardt Miller (husband L.W.), step-daughter Meredith Davis (husband Jonathan); her grandchildren Karsyn Elledge (18), Kennedy Elledge (13), Wyatt Miller (7), Callahan Davis (16), Claudia Davis (13), and Isla Rose Earnhardt (11 months); her brothers Robert Gee (wife Beverly) and Jimmy Gee; and her beloved Pekingese dog, Scully.

Memorial contributions may be sent to Piedmont Animal Rescue or Hospice and Palliative Care of Iredell.

Nashville Fairgrounds promoters respond to claims of contract breach

Fairgrounds Speedway Nashville
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Last week Claire Formosa, the VP of Fairgrounds Speedway Nashville, and a lawyer representing Formosa Productions pushed back against allegations made by the Nashville Board of Fair Commissioners that the company had breached its contract to run the track.

On April 8, the Fair Board commission sent a letter to the Formosas informing them that it was exercising a breach clause in their contract over two items: the track breaking its designated curfew of 7 p.m. on a school night and unpaid concessions commission of $31,930 from last year.

A third issue had been resolved regarding late office rent payments for the first three months of the year.

The claims by the commission come as the Formosas and Speedway Motorsports, Inc. face obstacles in their attempts to bring NASCAR back to the short track.

“To suggest that Formosa Productions breached its contract … that’s a serious allegation and I don’t believe that’s well-founded,” said Jim Roberts, the Formosa’s attorney, during the monthly Fair Board meeting on April 16.

Roberts observed that the language of the contract does not state when the concession payments are due.

“So I would submit that it’s impossible to be in breach of a contract when there are no payment schedules to find,” Roberts said.

Roberts argued concession payments would not be due until the end of the contract on March 23, 2023.

“That’s not how things are normally done, but let’s just be honest, that’s what the contract as drafted says,” Roberts said. Roberts also claimed the Formosas were not aware the concessions payments were part of the contract and that they’d never received an invoice.

“There’s been no invoicing, I think the board needs to be aware of that, no invoicing of these concessions until last week,” Roberts said, who added the Formosas asked for the invoices and received them on April 9, but that the provided invoices totaled $28,430 and not the $31,930 referenced in the April 8 letter.

The Fair Board’s letter alleged that the track broke its 7 p.m. curfew on March 27 when Kyle Busch took part in a test session for the All-America 400.

The Board claimed this violation came after a verbal warning for curfew violation on May 10 of last year. Roberts said the Formosas have no idea what event was held on that date to warrant the warning.

Regarding Busch’s test date, Roberts claimed the Formosas understood that if they received permission from the principal of a nearby school and the neighborhood association, there would be “no objection or problem” with a late track running time.

Roberts said they have a letter from the principal and the permission from the neighborhood association allowing the test.

Formosa said she had gone to the March neighborhood association meeting and was told she was cleared to go ahead with a late track rental, as long as she had the support of the school principal in the area.

Board member Jason Bergeron mentioned a series of emails from before March 27 where Formosa was told by Executive Director Laura Womack that they’d still be limited by the curfew and he noted that the principal’s permission was not part of the contract.

“She let me know and I told her ‘OK’,” Formosa said. “It was a complete miscommunication between myself and my office staff.”

With the test going beyond 8 p.m., Formosa, who was not on site, traveled to the track and shut it down by 8:17. p.m.

Bergeron said he’s heard from people in the neighborhood “that they don’t feel like they can count on that 7 o’clock curfew” when it comes to track rentals.

Formosa objected to this assertion.

“We have these monthly neighborhood meetings for this very reason,” Formosa said. “I can tell you that I never heard an issue raised by either one of the neighborhood associations. If there were issues raised, this is certainty the first time I’m hearing about them.”

K&N Series’ Jagger Jones, Don ‘Snake’ Prudhomme pair up for Baja race

Photos: Richard Shute/Auto Imagery
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Jagger Jones is going to spend Spring Break not in Daytona Beach or Fort Lauderdale – but he’ll be seeing a lot of sand nonetheless.

About 1,300 miles worth.

The 16-year-old rookie NASCAR K&N Pro Series West driver will be taking part in his second consecutive National Off-Road Racing Association 1000 off-road race (also known as the Mexican 1000) from April 28 – May 2 in Baja California, Mexico.

Sitting alongside Jones and splitting driving duties will be legendary drag racer Don “Snake” Prudhomme, who will also be competing in his second Mexican 1000.

It’s not an easy race, for sure,” Jones told NBC Sports. “It’s long, it’s five days, it’s hot, the end of April and the start of May. Don really liked being in last year’s race, but I could tell he was unsure if he was up to do it again. Then my dad and I threw out the deal where we split the race and Don was on-board with that. We both just jumped on that idea.”

MORE: Don ‘Snake’ Prudhomme pairs with Parnelli Jones’ grandson for Mexican 1000

While other teenagers may be intimidated to be paired with one of the most legendary names in motorsports, Jones isn’t. He’s used to being around iconic racers, most notably his grandfather, Parnelli Jones. And his father, P.J., is not only a noted racer himself, he also built the Polaris off-road buggy that his son and Prudhomme will drive in the 1000.

It’s really cool to be able to do a race with the one and only Snake, who has been such a legend in the drag racing community,” Jones said. “I’m only 16 years old, so I think it’s pretty awesome.

I’ve always been around the off-road scene and watched my dad do a lot of races off-road. I grew up around Robby Gordon and off-road places like Parker (Arizona), where we always go there every year and go camping. I’ve always wanted to do off-road racing. My brother and I both enjoy it. It’s a lot of fun and a lot of different than the pavement stuff. It’s really fun when you’re sideways and stuff.”

Prudhomme is looking forward to racing with Jagger.

Doing it with Jagger, he’s a young, real aggressive driver and he’s really fast,” Prudhomme said. “I couldn’t think of a better kid to be my co-driver.”

Jones is able to take part in the Mexican 1000 because the K&N Series West is on a six-week hiatus, his next race not being until May 11 in Tucson.

He’s done well in his first two K&N races, finishing runner-up in his series debut at Las Vegas (was knocked out of the lead on the final lap) and fourth at Irwindale Speedway.

Jones sits tied for third in the K&N West standings, three points behind series frontrunner Hailie Deegan.

I think we’ve had a great start to the season,” Jones said. “It was definitely a bit of a learning curve, but … so far for a rookie season, I don’t think it’s too bad of a start.”

Jones competed in last year’s Mexican 1000 with younger brother Jace. The pair were in the lead when the transmission on their off-road buggy failed, ending their hopes of a win (their father won in another class in the same race). Prudhomme finished 95th in a field of more than 150 drivers in the same event.

Much like Prudhomme feels he has unfinished business in Baja, Jones feels the same way. Now paired with the “Snake,” Jagger is ready to go for the win.

We definitely have a shot at winning,” Jones said. “It’s like an endurance race. First, you have to finish to win. That’s probably going to be our biggest goal.

We want to do good, but if we can just finish, I think we’ll wind up in a good place. If we finish, anything else is a bonus. To win would be awesome. My dad won last year, so if we could follow that up this year, it’d be super cool.”

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Michael Annett feels like ‘I belong here’ after best start of Xfinity career

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If Michael Annett‘s dog could talk.

The owner of three dogs, Annett has had Paisley, a miniature golden doodle, for 13 years.

That’s more than the entirety of his full-time NASCAR career, which began in 2009.

Along with his girlfriend at the time, Paisley was a passenger in Annett’s car in February during the seven-hour drive back from Daytona International Speedway a day after Annett scored his first career Xfinity Series win.

“She’s seen it all,” Annett told NBC Sports. “I’m sure she was pinching herself, too. It was just pretty special to have that time in the car, honestly. It wasn’t a bad thing I drove because it gave me those seven hours to really digest everything we did the day before is pretty special.”

Annett’s win locked him into the Xfinity playoffs, which he was unable to take part in last year in his second season with JR Motorsports. Annett and what was then the No. 5 team finished 16th in a season that saw Annett work with two crew chiefs for most of the campaign’s 33 races.

The second crew chief, the man who leads Annett’s No. 1 team now, was Travis Mack.

A former car chief at Hendrick Motorsports for Dale Earnhardt Jr. and Kasey Kahne’s crew chief at Leavine Family Racing, Mack joined Annett’s team after 19 races had been completed.

The change came as the series entered Annett’s worst stretch of races.

“He came in and we had three road courses (Mid-Ohio, Road America, Watkins Glen) and Bristol right away,” Annett said. “I told him leading up to it, ‘This is where I’m the worst, road courses. I’m sorry they’re throwing you to the wolves like this.'”

Annett didn’t finish better than 12th at the road courses, but he snagged a seventh-place finish at Bristol, his first top 10 through 22 races. He’d round out the season with three, including a ninth in the finale in Miami.

“We left Homestead everybody was just really pumped for February to come,” Annett said.

Annett approached the ensuing offseason differently than at any other point in his career.

“A lot of guys when you leave Homestead we kind of scatter,” Annett said. “Honestly, the whole offseason I was at the shop almost every day. Team lunches with guys, dinners with the guys. The crew chief, Travis Mack and I, working out every morning together. Just always bouncing ideas back and forth and if it wasn’t about racing it was team camaraderie and just building that relationship, wanting to make sure everyone on that 1 team’s going to hold the end of the rope for you if you’re hanging by it. That’s what you need, you gotta to have everybody bought into the same goal and I think just building that relationship and unity`has been a huge benefit for us.”

It didn’t just benefit Annett at Daytona.

After eight races, Annett is off to the best start of his NASCAR career. He has two top fives (Daytona and Las Vegas) and five top 10s, two shy of the seven total he had when he returned to Xfinity from Cup in 2017.

“Going to Atlanta and being fast in practice, didn’t have the best race, finished 12th. Last year at that point, man, we’d be high-fiving for a 12th,” Annett said. “Just continued to grow and it’s still continuing to grow. We’re not even close to where we want to be right now.”

Annett’s performance in 2018 came back to bite him early in the season when two of the first three races had qualifying rained out. That caused the field to be established by last year’s owner points. He started 16th at Atlanta and Las Vegas.

As a result Annett missed out on getting more stage points than he thought he was capable of.

“That put us in a pretty big hole right away,” Annett said. “But even those races, honestly is when we got the most (12 total). It’s hard to say. I’m not a genie or anything, but I feel like we’d have more bonus points at this point, but I still feel like those were some of our best races for some reason.”

With his Daytona win and being locked into the playoffs, Annett’s team has taken gambles he’s never been able to, like staying out on old tires in the middle of Stage 1 at Richmond. It didn’t work out and Annett finished the race in 13th.

“It took a little bit (of adjusting) just because I was hungry for those top fives and when you don’t have a top-five car you know if it doesn’t work out you’re going to be outside the top 10,” Annett said. “That part’s been tough. Really had to get in my head and figure out what’s going to help us go through rounds in the playoffs. Once I really got that in my head it was easy.”

What has Annett learned about himself as a driver in the months since Mack was brought on board?

“I think that just that I belong here,” Annett said. “At some point you beat yourself down long enough you start to wonder if you remember how to drive a race car or if you belong. But once you start to show that consistency and you’re passing cars that you know that could have a chance to win a race and you’re driving by them, it’s moments like that. When you’re driving past race-winning cars that’s when you start to get that confidence and ‘Yeah, you still remember how to do this.'”