Sadler to claim GEM breached their contract

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http://www.thatsracin.com/topstories/story/21643.html

Allmendinger also named in filing
By David Poole

An attorney representing Elliott Sadler has filed notice in Iredell County (N.C.) court saying the NASCAR driver intends to claim that Gillett Evernham Motorsports has breached Sadler's contract to drive the Sprint Cup team's No. 19 Dodges.

John Buric, Sadler's lawyer, filed an "application and order extending time to file complaint" Wednesday in Iredell County Superior Court. Sadler has until Jan. 20 to file an actual complaint if the parties cannot reach an agreement on their dispute.

According to the form, Sadler plans to seek "injunctive relief, declaratory relief/specific performance, consequential and punitive damages as a result of Defendants anticipatory and actual breach of Plaintiffs' Driving Services Agreement. ... Plaintiffs also seek general, consequential, treble and punitive damages, and attorney fees, as a result of Defendants' tortuous interference ..."

George Gillett, Gillette Evernham Motorsports, Anthony James Allmendinger and Ray Evernham Enterprises are named as defendants.

Buric said Sadler learned on Tuesday that GEM had engaged in negotiations with Allmendinger about driving the No. 19 Dodges in 2009. Buric said there had been "communication" with Sadler earlier, telling him that a change was being considered. But he said Sadler did not know there had been actual negotiations until he received phone calls about media reports that Allmendinger was being lined up to replace him.

"Elliott is ready, willing and able to fulfill his contractual obligations," Buric said. Sadler earlier this year signed an extension of his contract with GEM that runs through 2010.

"Gillett Evernham Motorsports policy does not allow us to comment on potential or pending legal matters involving the race team," said Ryan Barry, a spokesman for the organization.

Sadler has three Cup Series victories in 357 career races. He joined Evernham Motorsports in August 2006 to drive the No. 19. He finished 25th in the 2007 driver standings and 24th in 2008.

Allmendinger has made 44 career Cup starts since moving to NASCAR from the Champ Car World Series ranks. He drove in the final five races of the 2008 season in the No. 10 Dodges owned by GEM, finishing 16th or better in four of them.
 
Drivers come and go and the teams switch drivers like they do their underwear. If those have never been breached, then this one isn't either. But we'll see what the court says or if they settle.
 
I'm not a huge Sadler fan, but good for him for challenging them on this.
We've all seen drivers come and go like this, but if he's got a contract, they can't force him to take a buyout. And in these times....there's not a lot of options for him.
Plus...how do you evaluate how good a driver is when he's been in a Dodge. Better yet.....Why would Almendinger want to drive one? They have been far behind for the last 18 months or so, and the future seems so uncertain.
 
I'm not a huge Sadler fan, but good for him for challenging them on this.
We've all seen drivers come and go like this, but if he's got a contract, they can't force him to take a buyout. And in these times....there's not a lot of options for him.
Plus...how do you evaluate how good a driver is when he's been in a Dodge. Better yet.....Why would Almendinger want to drive one? They have been far behind for the last 18 months or so, and the future seems so uncertain.

Uh, didn't Sadler leave Robert Yates in a bind? I think this is a little bit of Karma biting in the butt.
 
wasn't sure if you all had seen this yet or not. i think it's gonna suck cause they seemed like they wanted to get rid of him till his lawyers forced their hand. now he's gotta perform next season, GEM is not gonna give his team the same respect as the others...

"CONFIRMED!" GEM official Reddin says Sadler will drive No. 19

Sadler had fought a possible ouster at GEM, and the driver's attorney told reporters that Sadler would file suit to get back into the car unless a settlement was reached. In May, Sadler signed a contract extension with GEM through 2010.

"We had some differences; we're a family," GEM CEO Tom Reddin told MRN Radio on Friday. "We love Elliott. We got everything resolved. We were together [Thursday], talking, and it's done." (Audio)


Sadler
AllmendingerAlthough A.J. Allmendinger's business manager said last month that the former Red Bull driver was close to inking a new deal to take over the No. 19 car, GEM officials had not publicly announced Sadler's departure or a replacement. Allmendinger drove GEM's No. 10 car for the final five races of the 2008 season, posting a top finish of 11th.

The news came on the same day that Gillett Evernham Motorsports and Petty Holdings announced an agreement in principle to form a new Cup team. NASCAR.COM's David Caraviello reported a change to the team name, which will reflect Petty's, will come at a later date. (Read more)

The team has four cars: The Nos. 9, 19 and 43 all finished in the top 35 in owner points last season and are guaranteed a starting position in the first five races of 2009.

The No. 10 car finished 37th in owner points.

A team release Thursday night said, "The new team plans to run a fourth Dodge in eight races in the 2009 season including the Budweiser Shootout with additional races contingent on sponsorship."

"We're excited about getting A.J. in our fourth car," Reddin told Sirius Radio. "We're working on a deal with him so it's not done-done yet but we've got at least an eight-race package put together for next year and we're looking forward to launching a fourth car.

"We've got sponsors lined up for Daytona with four cars and we feel really strong about all the competitive learnings we can get from having an extra team on the track. And we've certainly been very, very impressed with A.J. with what he's done with the team. He's really gelled. The whole competition side has gelled with him and vice-versa. Richard Petty thinks very highly of him and he's been just a great guy. So we're hopeful that we get this all worked out and that next year we have four cars on the track at least for part of the season, if not the full season."

After reports that Allmendinger would take over the No. 19, Sadler took legal action; lawyer John Buric filed an "application and order extending time to file complaint" on Dec. 31.

Buric filed a notice of intent to sue for breach of contract when Salder learned through a sponsor that he would be replaced by Allmendinger.

The filing sought "injunctive relief" as well as "general, consequential, treble and punitive damages" against defendants Gillett Evernham Motorsports, team owner George Gillett, Ray Evernham Enterprises and Allmendinger.

Buric said a lawsuit would be filed in Iredell County, N.C., Superior Court unless a settlement was reached.

"Our objective is to get in the car and race for them," Buric said. "We have a contract with them. We intend to enforce that contract."

Buric admitted 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 reported that Reddin told team employees and sponsors of the driver change just before Christmas.

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 last 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.
 
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