NASCAR seeks to keep Brian France-Megan France documents out of Jeremy Mayfield case
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MIAMI BEACH, Fla. – NASCAR is attempting to keep information from a lawsuit Brian France filed against his ex-wife from getting into the hands of suspended driver Jeremy Mayfield and his legal team.
NASCAR filed motions Monday in U.S. District Court asking that Megan France be prohibited from producing documents from Brian France’s lawsuit against her.
Brian and Megan France were separated in fall 2007 and divorced in Florida on April 29, 2008, according to NASCAR’s brief filed Tuesday. Brian France later sued Megan in North Carolina Superior Court in September 2008, and those pleadings were sealed in December 2008. The Charlotte Observer has recently asked the court to open those documents.
Mayfield’s attorneys issued a subpoena to Megan France last Friday requesting those documents as well as any joint tax returns for 2007 and 2008 and any mail addressed to Brian France in North Carolina. The reason stated for the request has to do with whether the federal court has jurisdiction or whether it should return the case to state court, according to NASCAR’s motion.
NASCAR suspended Mayfield on May 9 for a random drug test it says was positive for methamphetamines. Mayfield claims his test results came from his taking the prescription drug Adderall and over-the-counter allergy medication Claritin-D.
“They are attempting to improperly bring private, irrelevant information concerning Mr. France’s domestic relations into this litigation as a means of retaliation,” NASCAR wrote in its brief.
Megan France is being represented in the domestic dispute by the law firm of James, McElroy & Diehl – the law firm that represented Mayfield until last month, when Mayfield switched to noted celebrity attorney Mark Geragos.
NASCAR also is asking the court to intervene and order that the deposition of Megan France be done after Dec. 14. Geragos’ subpoena sets the date for her deposition for Dec. 4, the day of the NASCAR Sprint Cup Series Awards Banquet.
“[Mayfield is] insisting on holding the deposition of Megan France on a day when neither NASCAR’s corporate representatives nor Mr. France can attend,” NASCAR wrote in one of its briefs.
