Following hearings for summary judgment, both sides settled.

No word on whether or not ExtenZe has settled its suit with Robby Gordon Motorsports.

The lawsuit was filed on Sept. 13 in North Carolina. FRM is suing for damages to cover nearly $2.8 million of the $5.4 million contract, more than $730,000 to cover fees and expenses for services rendered, and another $135,000 that was advanced to Conway as part of his base compensation.

While a spokesman for the race team declined to comment, Conway spoke to SceneDaily.com about the suit. He said:

It’s really unfortunate that they’ve made some pretty outrageous allegations against us and the good thing is we’ll have our day in court, and the truth will all come to light in the months ahead. Unfortunately, I can’t really comment on the specifics.

Under the terms of the contract, ExtenZe was to pay the race team via Conway’s marketing company, Exclaim, in 50 weekly installments. The contract covered the first 15 races, leaving ExtenZe with the option of sponsoring the remaining 21 races through revenue from a product placement contract.

At the end of June, accoring to the suit, Exclaim began paying only half of the weekly payment it owed FRM. FRM informed Conway that if the team was not paid the full weekly fee, he would be out of the car at the Michigan race.

Conway did not compete at Michigan, but he ran the following three races for Robby Gordon Motorsports, and will be in a RGM car for seven of the final 10 races.

Team owner Bob Jenkins said:

 Moving our drivers, along with their respective sponsors, to different cars gives us the best chance to succeed as an entire team. It has been this attitude and strategic growth plan that has allowed us to become the team we are today.