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Stewart-Haas Racing files suit against sponsor of Danica Patrick’s team

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Stewart-Haas Racing filed a breach of contract lawsuit against Nature’s Bakery, the sponsor of Danica Patrick‘s team, Friday in North Carolina Superior Court.

The Associated Press first reported the suit.

Stewart-Haas Racing seeks $31.7 million in actual damages, plus interest. Nature’s Bakery was to pay $30.4 million of base fees for the remaining two years of the contract, along with another $1 million in other fees.

Stewart-Haas Racing stated in the lawsuit that the actions of Nature’s Bakery “set SHR up for a devastating loss of revenue just before the beginning of the 2017 race season; and rendered it nearly impossible for SHR to have any reasonable hope of mitigating its damages.”

Stewart-Haas Racing issued a statement Friday night:

“Nature’s Bakery is in material breach of its contract with Stewart-Haas Racing. It is an unfortunate situation, as the team has delivered on all aspects of its contract and was prepared to do so again in 2017. Ultimately, this is a situation that will be resolved in a court of law.

“Stewart-Haas Racing remains focused on its preparation for the 2017 NASCAR season where it will again field four entries in the Monster Energy NASCAR Cup Series while also introducing a full-time NASCAR Xfinity Series team. The litigation with Nature’s Bakery will not impact the organization’s on-track efforts.”

Stewart-Haas Racing stated in the complaint that “this is an action to recover substantial damages from the Defendants’ unfair trade practices and associated intentional and bad faith breaches of a multi-year primary sponsorship agreement associated with the #10 SHR race team.”

Stewart-Haas Racing stated in the complaint that after Nature’s Bakery expressed interest in 2015 in sponsoring Patrick’s team, the organization “expressed significant concern that Nature’s Bakery would be unable to afford a primary sponsorship of the magnitude it requested. Mr. (David) Marson, for himself, and the Marsons, for the Marson Trust, and Nature’s Bakery, provided repeated assurances that Nature’s Bakery had the cash flow and funds to meet all financial requirements of the proposed sponsorship agreement.”

The suit states that for the 2016 season, Nature’s Bakery was to pay $15,212,000 to sponsor the team. It was to pay the team $5 million on or before Oct. 1, 2015; $3,404,000 on or before Feb. 1, 2016; $3,404,000 on or before May 1, 2016; and $3,404,000 on or before July 1, 2016.

For 2017, Nature’s Bakery was to pay $15,212,000 to sponsor the team with the same type of payment schedule.

For 2018, Nature’s Bakery was to pay $15,212,000 to sponsor the team with the same type of payment schedule.

The complaint states with the contract set, Stewart-Haas Racing moved forward on other matters, including signing Patrick to a multi-year agreement that goes through the 2018 season.

The complaint states that “soon after executing the Sponsorship Agreement, Mr. Marson and Joe Marshall (Nature’s Bakery Chief Financial Officer) reached out to SHR executives, and stated that Nature’s Bakery was having cash flow issues, and asked if the payment amounts and deadlines in the Sponsorship Agreement could be modified to assist Nature’s Bakery with its cash crunch.”

Stewart-Haas Racing changed the payment schedule for 2016 for Nature’s Bakery to pay $2.5 million on or before Oct. 1, 2015;  $1 million on or before the 15th of each month from January to May 2016; and $1.928 million on or before the 15th of each month from June to September.

For 2017, the payment schedule was adjusted to $2.5 million on or before Oct. 1, 2016; $2.5 million on or before Dec. 1, 2016; and $3.4 million on or before the first day of February, May and July 2017.

Among the many extra benefits Stewart-Haas Racing provided Nature’s Bakery, according to the lawsuit, were two additional races free in 2016 when both Patrick’s car and the No. 14 car of Tony Stewart had Nature’s Bakery as a primary sponsor at the Dover race in October. The team also stated in the lawsuit that Stewart-Haas Racing helped Nature’s Bakery avoid track fees for activation access and “upon learning of the mold outbreak in Defendants’ product, SHR worked to open and dispose of many samples of Nature’s Bakery products that contained heavy mold, to avoid fans from receiving tainted product (and the resulting reputational issues that would surely follow).”

Stewart-Haas Racing states that Nature’s Bakery reached out to the team in late summer 2016 to modify the base fee payment terms, “representing that modification was again necessary due to Nature’s Bakery’s internal cash flow issues.”

The payment schedule was again changed. Nature’s Bakery was to pay Stewart-Haas Racing $1 million on before the 15th of each month from January to March 2017 and $2,042,400 on or before the 15th of each month from April to August 2017 and $1 million on or before the 15th of September and October 2017. The 2018 payment schedule also was adjusted.

Stewart-Haas Racing accused Nature’s Bakery of concocting “a scheme to avoid further payments” by claiming that Patrick had endorsed competing products and did not use her social media presence enough to promote Nature’s Bakery. Stewart-Haas Racing states in the complaint that “these claims are false.”

Stewart-Haas Racing states that “the thrust of Nature’s Bakery’s complaints about Danica Patrick supposedly endorsing competing products is her personal endorsement of Six Star Pro Nutrition’s protein powder. Protein powder is not competitive with fig bars or brownies. Furthermore, Danica Patrick had been endorsing Six Star Pro Nutrition’s protein powder, publicly, for many months prior to the execution of (the) Sponsorship Agreement, and continued to do so afterwards.

“Never once did Defendants claim that her doing so amounted to a breach of the Sponsorship Agreement (nor could it, because, again, the protein powder is not a competing product).  … Danica Patrick never endorsed Six Star Pro Nutrition’s protein bars. Worse, Nature’s Bakery “liked” numerous of Danica Patrick’s Instagram posts regarding Six Star Pro Nutrition and other protein powders. Clearly, even Nature’s Bakery did not consider Danica Patrick to be endorsing a competing product, until it decided to drum up reasons to terminate the Agreement.”

The suit says Nature’s Bakery sent a letter to Stewart-Haas Racing on Jan. 19 seeking its desire to terminate the sponsorship agreement.

Stewart-Haas Racing stated in the lawsuit: “In every respect, SHR complied with its obligations under the Sponsorship Agreement.

“In every respect, Defendants materially breached their obligations under the Sponsorship Agreement, and did so using unfair, deceptive, manipulative and bad faith tactics.

“Left with no options to protect its rights and interests, SHR files this action seeking to recover all amounts due pursuant to the Sponsorship Agreement, plus interest, and all other damages.”

Nature’s Bakery served as the primary sponsor on Patrick’s car for 27 points races last year along with what was called the Sprint Unlimited and the Sprint All-Star Race. Nature’s Bakery was to have served as the primary sponsor of Patrick’s team for a minimum 25 races this season, according to the lawsuit.

Patrick appeared at last week’s NASCAR Media Tour in her TaxAct uniform instead of a Nature’s Bakery uniform, raising questions about the company’s primary sponsorship of her team.

The Nature’s Bakery website does not contain references to Patrick, Stewart-Haas Racing or NASCAR.

Messages to representatives of Nature’s Bakery about this matter have yet to be returned.

Click here to view the lawsuit

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Bristol Truck race results, driver points

Bristol Truck race results
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Sam Mayer scored his first career NASCAR Gander RV & Outdoors Truck Series win Thursday night. The 17-year-old finished ahead of GMS Racing teammate Brett Moffitt.

Mayer is the youngest driver to win a Truck race at Bristol.

Tanner Gray placed third and was followed by Parker Kligerman and Chandler Smith.

Gray’s finished tied a career high. Kligerman’s finish was his best this season.

Trevor Bayne crossed the finish line fifth but his truck was disqualified for failing post-race heights in inspection.

The next race in the playoffs is Sept. 25 at Las Vegas Motor Speedway.

Click here for race results

POINTS

Brett Moffitt leads the points after the opening race in the first round of the playoffs. He leads Sheldon Creed by nine points. Zane Smith trails Moffitt by 12 points.

Click here for points report

17-year-old Sam Mayer wins first NASCAR Truck race

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Sam Mayer passed GMS Racing teammate Brett Moffitt with 30 laps to go and went on to score his first career NASCAR Gander RV & Outdoors Truck Series win Thursday night at Bristol Motor Speedway.

The victory came in the seventh career Truck start for the 17-year-old Mayer. The win also came a few days after JR Motorsports announced that Mayer would drive for the team in the second half of the 2021 Xfinity Series, once he turns 18.

“I love this place,” Mayer told FS1 after the 200-lap race. “I don’t know what to say.”

Mayer was helped by having tires that were 52 laps fresher than Moffitt’s tires.

MORE: Race results 

Mayer is not competing in the playoffs and does not advance to the second round. He said he has two more Truck races left to run this season.

Mayer followed his Truck win by taking the checkered flag in the ARCA Menards Series race that followed Thursday night.

Moffitt, who is competing in the playoffs, finished second. He was followed by Tanner Gray and Parker Kligerman.

Trevor Bayne finished fifth but his Truck was disqualified after the race for failing inspection. His truck failed post-race heights. Chandler Smith finished fifth after Bayne’s disqualification.

Moffitt was one of only four playoff drivers to finish in the top 10. Grant Enfinger was sixth. Tyler Ankrum placed seventh. Matt Crafton was 10th.

Mayer is the second youngest winner in series history. Cole Custer is the youngest winner in series history. Custer was 16 years, 7 months, 28 days when he won in Sept. 2014 at New Hampshire Motor Speedway.

Mayer becomes the youngest Truck winner at Bristol at 17 years, 2 months, 22 days. Ryan Blaney had held that record, winning a 2015 race there at age 21 years, 4 months, 19 days.

STAGE 1 WINNER: Brett Moffitt

STAGE 2 WINNER: Tyler Ankrum

WHO HAD A GOOD RACE: Tanner Gray’s third-place finish tied his career best. He finished third at Michigan earlier this season. … Parker Kligerman’s fourth-place finish is his best of the season while running a limited schedule.

WHO HAD A BAD RACE: Austin Hill finished 26th, worst among the playoff drivers. He had contact on Lap 2 with Stewart Friesen.

NOTABLE: Trevor Bayne said that four weeks ago he didn’t know if he would be racing again at Bristol. He crossed the finish line fifth but his truck failed inspection after the race and was disqualified.

NEXT: The second race of the opening round of the playoffs is at 9 p.m. ET Sept. 25 at Las Vegas Motor Speedway.

Texas Motor Speedway to host polling site for election

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Residents and race fans in parts of North Texas will be able to cast their vote in the upcoming election at their local NASCAR track.

Texas Motor Speedway will be a polling site for the Nov. 3 election.

The track, owned by Speedway Motorsports, will serve as a polling site for the residents of Precinct 4048. That precinct includes a large portion of Denton County and Forth Worth, Texas.

The polling site will be in the Lone Star Tower Condominium Clubhouse just outside Turn 2. It will be open from 8 a.m. – 8 p.m. ET on election day.

More: Upcoming Cup playoffs races can fans attend

“In anticipation of a very high voter turnout for the presidential election, we have been working for months to acquire polling sites throughout the county,” Frank Phillips, Denton County Elections Administrator, said in a press release. “We are excited that Texas Motor Speedway has offered the use of the Lone Star Tower Clubhouse as a polling site.”

Local, state and CDC guidelines will be followed to ensure a sanitized, safe and socially distanced voter experience.

TMS is the first track that hosts NASCAR Cup races to announce its plans for use as a polling site. It joins sporting venues for other major sports in doing so.

A number of NBA arenas and practice facilities will be voting locations, as well as select NFL stadiums and NHL arenas.

Travis Pastrana, Conor Daly set for Las Vegas Truck Series race

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Action sports star Travis Pastrana and IndyCar driver Conor Daly are teaming up with Niece Motorsports to compete in the upcoming Truck Series race at Las Vegas Motor Speedway.

With the backing of iRacing, who made the announcement Thursday, the duo will drive the No. 42 and No. 45 Chevrolets in the Sept. 25 race.

Pastrana and Daly’s involvement is a continuation of their rivalry in the LCQ League, a private iRacing league featuring motorsports and action sports legends having fun in cars from all disciplines.

For Pastrana, a former Roush Fenway Racing driver, it will be his fifth career Truck start and his second of the year after he competed in the July 25 race at Kansas Speedway. He finished 22nd.

“I’m really looking forward to bringing our rivalry from the LCQ League to the real world,” Pastrana said in a press release. “We’ve been getting lots of advice and iRacing on-track coaching from fellow LCQ member Parker Kligerman. I’m looking forward to seeing how the hours in iRacing pay off on the track, especially for Conor who has never driven a NASCAR truck in real life. He might be the first person in history to jump into a professional racing series and take the green flag without so much as a single practice lap in real life! Conor is a phenomenal IndyCar driver and a quick learner so I think he will surprise a lot of people.”

It will be the first Truck Series start for Daly, who has 61 IndyCar starts since 2013. Daly made his NASCAR debut in 2018 at Road America driving for Roush in the Xfinity Series.

“I could not be more excited to jump in a Gander Outdoor Series truck for the first time ever in Las Vegas!” Daly said in a press release “This will be one of the greatest challenges I’ve ever faced in my career as it will be the first event I’ve ever done where I’ve never driven a single lap in the Chevy Silverado before taking the green flag for the race. Travis and I have been going head to head on iRacing getting as much practice as possible since that’s the best possible form of preparation we have!