Well, we have a little more insight now on the situation.
Why did Gillett really file suit against Robbby?
There's a lot of stuff in the suit, with the biggest two that would have any merit being what has already surfaced. That Robby was shopping his team with other potential buyers while under contract with GEM (This will be highly unlikely to prove unless owners are called in to testify, highly doubtful), The other is defamation of character when Robby publicly expressed GEM wasn't giving him solid equipment equal to what was provided to their team (Again, if the performance isn't there and it's visible that the GEM teams were performing at a higher level this will be difficult for GEM to get a multi-million dollar release on this basis alone). I haven't seen anything that would give GEM leverage over RGM.
Which leads us to the real reason, Ganassi. GEM has an opportunity to get what they believe is a better deal. Why? The property Ganssi has and location is prime and very close to the airport. We know that, but teh other is both of Ganassi's teams are inside the Top 35, the #42 is 22nd and the #41 is 30th in owner points. By having both of these teams locked in for 2009, GEM would leave Juan Pablo Montonya in the #42 with sponsorship from Wrigley's and Target, The #41 would become the #10 for Reed Sorenson. This would guarantee all 4 GEM drivers for the first 5 races.
The biggest hurdle for GEM is the #10 car is outside the Top 35 by a pretty large number. If Robby's #7 car fails to reach the Top 35 by season's end this will cause an extreme hardship on GEM at Daytona.
In an earlier interview with Ray Evernham, he discussed the time and resources it took to trying to qualify for a race when you're outside the Top 35. Not to mention, the setups have to be totally different, meaning you can't share valuable information with the other teammates. He claimed it took about 4 times the preperation for the #10 car as it does for the other two cars combined every weekend, and twice the manpower.
Having one car out four trying to make a race is a hurdle, having two is a distraction.
Kirk was recommended by GEM to Robby. GEM is quite aware this suit really was filed in hopes of a settlement and hoping the contract could be voided. They also realize Robby has a strong arguement and is probably not in a position now to settle.
From everything I've heard, it's my opinion Robby will be with GEM in 2009, unless HE settles and goes a different direction. Ultimately, it will be Robby's decision, not GEM.