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.

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GEM is seeing greener pastures somewhere...
Any word on what Robby's response to the Lawsuit was? I read that he was going to respond sometime last week.............
I'm still trying to find the case online. I am as I speak sitting in my law class tonight. I brought this case up tonight as my example and my whole class is trying to find it. If anyone has a case number yet please tell me!! That is my assignment for next week. Get a copy so I can help prove my side (Robby's) in class. Otherwise, I have to do it hypothetically....which would be no fun at all. I want to make my damn point. help me guys!!
http://msn.foxsports.com/nascar/story/8565278/Sources:-Gillett-look...

GEM buying BDR and going to Toyota instead....
Thought Robby was the 4th car, WTF?
Maybe they buy the 22 but I think its for a top 35 car. I dont see GEM switching to toy, eventhough it would be a good thing, dodge would be screwed left with only penske, Petty runs these crappy motors from GEM too. Isn't this lawsuit about Rob talking to bill davis, now GEM is goin to buy, WTF!!!!
How did you get anything out of it? It's in French.
FROM SPORTS ILLUSTRATED SEPT 16, 2008
Will Kasey Kahne, Elliott Sadler and Reed Sorenson be driving Toyotas in the Sprint Cup Series next season?

The answer is dependant upon Gillett Evernham Motorsports finalizing negotiations (sources say they're ongoing in earnest) to purchase Bill Davis Racing's Cup program, which seems likely. Deep-pocketed majority owner George Gillett can make Davis an offer he can't afford to refuse.

From the moment Gillett took control from team founder Ray Evernham 13 months ago, he's been trying to add a fourth car. GEM was Dodge's original team in its return to Cup in 2000 and Gillett initially pursued another Dodge team in Petty Enterprises. After those discussions ended, Gillett made a deal with Robby Gordon in late January to buy his team. It was announced as a technical, manufacturing and marketing partnership and Gordon made a rapid switch from Ford to Dodge in time for the Daytona 500.

Gordon seemed like a perfect fit: a solid, veteran driver who would bring top-35 owner points for the fourth GEM entry. But last month GEM filed a lawsuit to void the deal, citing breach of contract. Gordon, in a statement, said: "We categorically reject the allegations that are contained in the complaint and the truth will come out if the case proceeds." Despite the lawsuit Gordon also says he's ready to go ahead with the deal.

Gillett had accomplished his original goal in adding Gordon. Even if you believe the GEM lawsuit's allegations, nothing in there seems so egregious to affect the big picture. GEM's primary reason for the lawsuit doesn't even make much sense, at least to this layman. GEM says Gordon has broken the exclusivity clause and talked to other teams about merging. Why would Gordon do that when he has a deal in place that he still wants?

GEM's change of heart is clearly tied to Toyota's success and Dodge's struggles this season. The acquisition of Davis includes the Toyota affiliation and the No. 22 driven by Dave Blaney, which is 33rd in owner points. GEM has two other cars in the top 35, Kahne and Sadler, but the No. 10 driven by Patrick Carpentier is outside of that coveted guaranteed starting spot at 38th. With three drivers in and one out, GEM would have options on strategies to start next season in an effort to get into the top 35 by the sixth race.

Toyota would welcome Kahne, Sadler and Sorenson to its driver lineup. Kahne is, of course, particularly attractive, the winner of two races this season and nine in his career at the age of 28. He's popular and has all that advertising support from Budweiser and Allstate to help spread the Toyota brand. Sadler is a veteran capable of winning races and Sorenson -- remember he's only 22 -- has great potential. Plus it would be Toyota's first four-car team, the standard for success in Cup.

GEM can see the way the wind is blowing. Dodge doesn't have a driver in the Chase. Toyota, with Joe Gibbs Racing's Kyle Busch, Denny Hamlin and Tony Stewart, has three. Red Bull Racing's Brian Vickers and A.J. Allmendinger, assuming he's back with the team, have made tremendous progress this season. Vickers should be a challenger for the Chase and maybe even win a race or two. Toyota loses Tony Stewart to Chevrolet and Kahne becomes a viable replacement in the Chase. Vickers could be a fourth Chase driver, perhaps Sadler a fifth for Toyota.

GEM would be a coup for Toyota and a setback for Dodge. GEM's contract with Dodge runs through the 2010 season. GEM could challenge it in court, as it has done with Gordon, or negotiate out of the agreement. Perhaps Dodge, in financial trouble, would be willing to opt out and concentrate its funding on Penske, Ganassi and Petty. It's hard not to believe that somehow GEM would find a way to make the switch to Toyota.

Davis' Cup program faces serious obstacles in the ultra-competitive environment of multi-car teams, and it also doesn't have a major sponsor for next year. Davis has much to be proud about as a Cup owner. He has a Daytona 500 win with Ward Burton in 2002 and five wins, all with Burton, in 16 years in Cup, but he faces a long-term rebuilding project to get back to that level.

Davis has a chance to do that through his Craftsman Truck Series and Nationwide teams. He has top-flight Truck operation with drivers Johnny Benson, Mike Skinner and, next season, Brian Scott, and a tremendous prospect in 22-year-old Michael Annett, who is expected to move from the Trucks to Nationwide next season.

Or, Davis can take the money being offered by Gillett, relax and enjoy his participation in the Truck and Nationwide Series. Gillett, according to court documents, was willing to pay Gordon $23.5 million (pending an audit that could have adjusted it) for his team, shop and property in Charlotte. Gillett is undoubtedly willing to pay top dollar for Davis and a relationship with Toyota.

Kyle Busch blossomed into a superstar this season with Toyota. Gillett certainly believes that Kahne can become one, too, with the same equipment. Davis has been interested in selling and listened to several offers, but no one will outbid Gillett. It would be a surprise is GEM doesn't buy Davis.
from my outside the box thinking hears what i see coming with mr. george gillett, he buys bdr then continue his purchase of rgm, while moving the 9 kahne, 19 sadler, 22 reed stornstain, and 7 robby to toyota leaving the 10 with ray and dodge. ray has a contract with dodge untill 2010 so they wont let them break that contract. nice right, he now has 4 cars in the top 35, a new shop robbys, and a new engine shop bdr that can have 500 toyota enginers come in and concoure nascar. and as long as robby is there for 4 years ill be happy lol

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