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Sadler files lawsuit to stay behind the wheel of the #19
Elliott Sadler plans to sue Gillett Evernham Motorsports to stay in the No. 19 Dodge through the end of his contract, which runs through 2010, his attorney told ESPN on Monday.
"Our objective is to get in the car and race for them," said Sadler's lawyer, John Buric. "We have a contract with them. We intend to enforce that contract."
SadlerBuric said the lawsuit would be filed in Iredell County, N.C., Superior Court within the next week to 10 days unless a settlement is reached. Buric filed a notice of intent to sue for breach of contract when Salder learned through a sponsor that he would be replaced by A.J. Allmendinger.
Sadler says he still hasn't been told by anyone at GEM they intend to change drivers.
"We got a phone call that says basically they want to buy him out of his contract," Buric said. "We said we don't want to be bought out. Elliott has a contract that doesn't expire until the end of 2010. He intends to race in 2009 and 2010."
GEM officials did not comment.
Buric filed an "application and order extending time to file complaint" on Dec. 31. Sadler has until Jan. 20 to file a complaint unless he and GEM settle the dispute.
Sadler plans to seek "injunctive relief" as well as "general, consequential, treble and punitive damages."
Gillett Evernham Motorsports, team owner George Gillett, Ray Evernham Enterprises and Allmendinger are named as defendants.
Sadler's lawyer says his client learned on Dec. 30 that GEM had begun negotiating with Allmendinger to drive the No. 19 this season. Sadler signed a multiyear extension in 2008 to drive the car through 2010.
Buric admits there was "communication" with Sadler indicating that a change was being considered but they were unaware that actual negotiations had begun with another driver until media reports surfaced.
ESPN.com reported that GEM CEO Tom Reddin told team employees and sponsors of the driver change just before Christmas. According to team sources, some sponsors now are considering leaving. GEM spokesperson Drew Brown declined comment.
Sadler joined Evernham Motorsports midway through the 2006 season after leaving Robert Yates Racing. He posted a top-10 finish in his first race, but has had only 11 top-10s in the past 85 starts. He has three wins in 357 starts with 18 top-five finishes and 63 top-10s.
Sadler finished 25th in points in 2007 and 24th last season.
A rookie in 2007, Allmendinger drove for Red Bull Racing through Kansas this season before being released in favor of Scott Speed. Allmendinger made one start for Michael Waltrip Racing before a five-race stint with GEM.
He has two top-10 finishes in his 44-race career. Allmendinger won the Sprint Showdown to earn a berth in the All-Star Race in May.
After his release in late September, Allmendinger competed in the final five 2008 races for GEM, replacing Patrick Carpentier in the No. 10. Allmendinger posted an average finish of 16.4 during that stretch, compared with an average finish of 31.8 for Sadler.
NOTE: If Sadler wins this suit it would totally change the landscape of Nascar contracts. This would prevent any team from releasing a driver before his contract runs out, expect a huge change in the language of driver contracts if Sadler wins. It's highly doubtful Sadler will win with GEM anting to pay a buyout.
"Our objective is to get in the car and race for them," said Sadler's lawyer, John Buric. "We have a contract with them. We intend to enforce that contract."
SadlerBuric said the lawsuit would be filed in Iredell County, N.C., Superior Court within the next week to 10 days unless a settlement is reached. Buric filed a notice of intent to sue for breach of contract when Salder learned through a sponsor that he would be replaced by A.J. Allmendinger.
Sadler says he still hasn't been told by anyone at GEM they intend to change drivers.
"We got a phone call that says basically they want to buy him out of his contract," Buric said. "We said we don't want to be bought out. Elliott has a contract that doesn't expire until the end of 2010. He intends to race in 2009 and 2010."
GEM officials did not comment.
Buric filed an "application and order extending time to file complaint" on Dec. 31. Sadler has until Jan. 20 to file a complaint unless he and GEM settle the dispute.
Sadler plans to seek "injunctive relief" as well as "general, consequential, treble and punitive damages."
Gillett Evernham Motorsports, team owner George Gillett, Ray Evernham Enterprises and Allmendinger are named as defendants.
Sadler's lawyer says his client learned on Dec. 30 that GEM had begun negotiating with Allmendinger to drive the No. 19 this season. Sadler signed a multiyear extension in 2008 to drive the car through 2010.
Buric admits there was "communication" with Sadler indicating that a change was being considered but they were unaware that actual negotiations had begun with another driver until media reports surfaced.
ESPN.com reported that GEM CEO Tom Reddin told team employees and sponsors of the driver change just before Christmas. According to team sources, some sponsors now are considering leaving. GEM spokesperson Drew Brown declined comment.
Sadler joined Evernham Motorsports midway through the 2006 season after leaving Robert Yates Racing. He posted a top-10 finish in his first race, but has had only 11 top-10s in the past 85 starts. He has three wins in 357 starts with 18 top-five finishes and 63 top-10s.
Sadler finished 25th in points in 2007 and 24th last season.
A rookie in 2007, Allmendinger drove for Red Bull Racing through Kansas this season before being released in favor of Scott Speed. Allmendinger made one start for Michael Waltrip Racing before a five-race stint with GEM.
He has two top-10 finishes in his 44-race career. Allmendinger won the Sprint Showdown to earn a berth in the All-Star Race in May.
After his release in late September, Allmendinger competed in the final five 2008 races for GEM, replacing Patrick Carpentier in the No. 10. Allmendinger posted an average finish of 16.4 during that stretch, compared with an average finish of 31.8 for Sadler.
NOTE: If Sadler wins this suit it would totally change the landscape of Nascar contracts. This would prevent any team from releasing a driver before his contract runs out, expect a huge change in the language of driver contracts if Sadler wins. It's highly doubtful Sadler will win with GEM anting to pay a buyout.
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Replies to This Discussion
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Permalink Reply by GrayAntiMatter on
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Nothing can force GEM to him in the car.
This will be settled, and for less money than Salder is expecting.
And his career as a full time Cup driver will, thankfully, come to an end.
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Permalink Reply by gorobbygo7 on
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Get him a toilet brush and let him clean the toilets at RGM
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Permalink Reply by john mcglasson on
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huh?
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Permalink Reply by Bigzoom on
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Not sure if Sadler will have 2 sponsors to bring with him elsewhere, but word is Best Buy & Stanley are having their lawyers work overtime to see if they can get out of their sponsorship deal with GEM. Even if they don't, making a sponsor stay when they don't want to is never good. Potential sponsor will always look at what they did with Best Buy & Stanley.
I agree, Sadler is not a Top tier driver. He does bring alot to the marketing side...like Michael Waltrip. Heck Sunoco has him running around hiding behind gas pumps in a goofy wig & glasses. Coca Cola has him a member of the Coke family. Best Buy has him in all their stores. EA Sports put him on the cover of the Nascar game with his old M&M's sponsor, knowing he wasn't associated with M&M's anymore. SPEED has him as part of their program. For Best Buy & Stanley to want to bolt, there must have been some return on their investment with Sadler.
As much as I think Sadler has made poor decisions, like leaving Yates. It's crazy for any team to release their driver at Christmas after inking a new 2 year deal. The money they spend buying out Sadler they could have ran AJ for atleast 1/2 a season with. If AJ is as good as GEM thinks his performance should grab a sponsor's attention.
I have a feeling GEM want be in Cup in a few years, wait until Khane becomes a free agent and Budweiser says, "We will follow you!" They messed up with Junior, they won't leave Khane. Then, GEM will fall to the wayside.
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Permalink Reply by Lance on
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Don't buy it. I can see Best Buy being miffed since Elliott was their guy but Stanley Tools was with GEM for years before Sadler and Mcdonald's was as well. I would think AJ would be an upgrade for sponsors with his personality, youth, and talent. The 19 will run in the top 10 next year as opposed to being wrecked by half way through the race. The only reason Elliott has a career is he's buddies with Dale Jr. He's kind of like how Mikey Waltrip was an Earnhardt Sr. leach, Elliott is feeding off of Dale Jr.'s popularity.
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Permalink Reply by JoCo on
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I agree, it seemed like Best Buy is crazy about Sadler.
However, I don't think anyone really associates Elliot Sadler with Dale Earnhardt Jr., anymore at least
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Best Buy must want out of the contract, and now they got a reason
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Permalink Reply by LongTime on
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According to TOG, Sadler left Yates because of Robby potentialy trying to buy the team back in 2006. Why would Robby want a team mate that does not care for him? On a team Robby owns none the less. Sadler and Kenny Wallace will be happy together on the SPEED stage.
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Permalink Reply by DB on
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that's a good one, Sadler with RGM? he wouldn't have to bring alot of money, more like all the money, and probabley still get a "no thanks". Just think at all that note sharing they could do at Infineon and the glenn.
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