Following hearings for summary judgment, both sides settled.

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

In his suit, Gordon says that Extenze Racing agreed to pay him if he put their logo on RGM’s Toyotas, which were going to be driven by their driver, Kevin Conway.

When Conway was in danger of falling out of the top 35, Gordon got behind the wheel after clearing the move with the ExtenZe Racing officials, he says. They agreed to the deal.

However, after the races were completed, ExtenZe refused to pay, citing breach of contract because he drove the car instead of Conway.

Gordon is seeking $690,000.

Gordon is no stranger to legal action. So far this season, he has taken legal action against BAM Racing, and he has been in a legal dispute over his newly created energy drink company, Speed Energy Drink.

ExtenZe, however, is also tied up in its own legal battle. Front Row Motorsports, the team that fielded cars for Conway and ExtenZe originally, is suing the team for non-payment for part of the deal that allowed Conway to drive FRM cars for the early part of last season.

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.

Conway will pilot the RGM Toyota starting with this weekend’s Emory Healthcare 500 at Atlanta Motor Speedway.

Team owner Robby Gordon said:

We are excited to have ExtenZe Racing and Kevin Conway join Robby Gordon Motorsports. This is an excellent opportunity for everyone involved, and I am excited to have Kevin behind the wheel of the No. 7. I hope that we will be able help Kevin bring home the Rookie of the Year Award while expanding our team and his on-track experience.

 Conway added:

I am thrilled to finally be able to announce our signing with Robby Gordon Motorsports. The Bristol race a couple weekends ago came together very late and gave everyone just a quick peek at what was possibly to come. Now that everything is in place I can’t wait to take to the track this weekend in Atlanta in the No. 7 ExtenZe Racing Toyota.

Conway started the season with Front Row Motorsports in the No. 37 car. He struggled to keep the car in the top 35 in owner’s points. Team owner Bob Jenkins had to change car numbers a few times to keep Conway in the top 35.

Conway was rumored to be on thin ice at FRM and rumors indicated that he would be replaced, with ExtenZe staying with FRM. ExtenZe issued a statement shortly thereafter reiterating their commitment to Conway.

FRM replaced Conway with Tony Raines. Conway then started a race for RGM. It was then reported that RGM was working to keep Conway for the rest of the season.

Conway began the season with Front Row Motorsports. He drove 21 of the first 22 races with the team. He was not cleared to participate in the Daytona 500. He struggled, posting one top 15 finish, and not other finishes better than 28th.

He struggled to stay in the top 35 in owner’s points. FRM owner Bob Jenkins had to switch car numbers a few times to keep Conway in the top 35.

Despite his struggles, ExtenZe Racing has stayed committed to Conway. When reports began to surface that he might be on thin ice at FRM, ExtenZe issued a statement reiterating their committment to Conway.

Conway was replaced by Tony Raines before the Carfax 400 at Michigan International Speedway. The following week, Conway drove RGM’s No. 7 Toyota in the Irwin Tools Night Race at Bristol Motor Speedway. He finished 36th.

RGM is looking to field the No. 7 car for the rest of the season, and hopes to have Conway in the car. Conway plans to bring his ExtenZe sponsorship with him.

Team owner Robby Gordon said:

The plan is we’d like to [have him run the rest of year], but every weekend it’s see how it goes. … He’s got to build his confidence. The biggest thing is we need to build his confidence.

Conway has made all 21 starts — he didn’t start the Daytona 500 because he was not cleared by NASCAR. Travis Kvapil drove the car. Conway has an average finish of 31.6, with no top 5s or top 10s. His best finish this season is 14th in the Coke Zero 400, in which a lot of wrecks took good cars out of the race. Other than that, his best finish is 28th.  

If Conway were to lose the seat, ExtenZe would stay on board, sponsoring another driver.

Update: Robert Wilhovsky, Director of Motorsports Marketing with ExtenZe Racing, disputed this report. He said:

 Contrary to some Internet reports out there that recently surfaced after the NASCAR race weekend concluded at Watkins Glen, ExtenZe and Alteril are 100% committed to Kevin Conway and the sport of NASCAR. While we are currently evaluating our options for 2011, Kevin Conway has been and will continue to be the foundation of our NASCAR program in the years ahead.

Update 2: Despite recent comments from ExtenZe Racing, Tony Raines has replaced Kevin Conway on the entry list for this weekend’s Carfax 400 at Michigan.

Update 3: It appears that Kevin Conway and ExtenZe Racing, Conway’s sponsor, have suspended their program with Front Row Motorsports and Yates Racing. They could return to the car later in the season.

Raines is set to drive in this weekend’s Carfax 400 and the Irwin Tools Night Race at Bristol Motor Speedway. The team will reevaluate after that.

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.

Throughout the night, Hamlin had a strong car, but Gordon and Burton also appeared to have cars capable of winning. While attempting to make a late pit stop under green, Gordon slowed down to enter pit road, but aborted at the last second to avoid being hit by cars closing quickly behind him. When he hit pit road one lap later, David Reutimann spun, bringing out the final caution of the night. Gordon had to hurry out of pit road to avoid getting caught a lap down.

Burton came to pit road under caution with the leaders and came out the pits in third. But NASCAR black flagged him for running over his air hose as he left his pit stall. He lost a lot of track position. He never fully recovered, finishing eighth.

Top 5: Hamlin, Jamie McMurray, Kurt Busch, Jeff Gordon, and Juan Montoya. 

Kevin Harvick, Kyle Busch, Burton, Ryan Newman, and Brian Vickers finished sixth through 10th, respectively.

Notables: David Reutimann (11th), Brad Keselowski (12th), Matt Kenseth (13th), Carl Edwards (15th), Mark Martin (16th), Dale Earnhardt Jr (17th), Kasey Kahne (19th), Greg Biffle (22nd), Tony Stewart (23rd), Joey Logano (27th), and Jimmie Johnson (36th).

Jimmie Johnson had a difficult night. Early in the race, he hit the wall but was able to continue on. Later in the race, Greg Biffle spun in front of Martin Truex Jr, who spun to avoid hitting him. Johnson also spun to avoid hitting Biffle and Truex. He made contact with Truex.

Later in the race, Kevin Conway hit the wall, bringing out the caution. As the cars slowed, AJ Allmendinger went down to the apron to avoid hitting other cars when his brakes failed. He spun and slid up the track and made hard contact with Johnson who was simply in the wrong place at the wrong time. He finished 36th.

Tony Stewart also led the race, but hit the wall on lap 196. A few laps later, he spun out but he didn’t hit anything. He finished 23rd.