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    • Judge Denies 23XI Racing, Front Row Motorsports Expedited Discovery Motion
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    Judge Denies 23XI Racing, Front Row Motorsports Expedited Discovery Motion

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    23XI Racing and Front Row Motorsports’ motion for expedited discovery was denied.

    United States District Judge Frank D. Whitney ruled on the request on Thursday, October 31. The two teams, which are currently in the midst of an antitrust lawsuit against NASCAR and its CEO Jim France, were seeking immediate access to documents and files from top NASCAR executives.

    RELATED: Michael Jordan’s racing team among two NASCAR Cup teams suing NASCAR

    These executives included Jim France (CEO), Lesa France Kennedy (Executive Vice President), Ben Kennedy (Executive Vice President and Chief Innovation Officer for Venues and Racing), Steve O’Donnell (Chief Operating Officer), Steve Phelps (President) and Scott Prime (VP of Strategic Development).

    Among the components of the discovery sought by the teams were discussions of the mandatory release provision in the 2025 lease agreement, NASCAR’s decision to end negotiations with the Teams’ Negotiating Committee and the decision to make a take-it-or-leave-it offer to the teams . .

    The ruling comes ahead of an injunction hearing scheduled for Monday that will determine whether the two NASCAR Cup Series organizations will be allowed to retain their status throughout the legal process.

    RELATED: 23XI Racing, Front Row Motorsports File; Hearing date set

    “While the proposed discovery requests may assist Plaintiffs in demonstrating a likelihood of success on the merits, they are not narrowly tailored, and Plaintiffs contend that the record is sufficient to support their request for a preliminary injunction as it stands,” it said. shows in the decision.

    Less than a week into the hearing (scheduled for Nov. 4), the court ruled that gathering this information, which spans eight years, would indeed place a significant burden on NASCAR, despite 23XI’s complaint and Front. Row Motorsports that it wouldn’t be.

    RELATED: NASCAR issues clear denials on 23XI, FRM’s injunction request

    The issue of irreparable harm was another issue in the expedited discovery request for the teams, having to show that it exists if the Judge rules against the motion. This, however, has not been adequately demonstrated.

    “Plaintiffs appear to misconstrue this factor,” the ruling said. “With respect to this factor, Plaintiffs argue that they can show a likelihood of irreparable harm — presumably in support of their request for a preliminary injunction — without access to expedited discovery, but seek expedited discovery to ‘create a more complete record “.

    “By doing so, Plaintiffs concede that they do not actually need expedited discovery, at least for purposes of their request for a preliminary injunction.”

    RELATED: 23XI, FRM argue competing as ‘open’ teams would risk antitrust rights

    The next step in the legal process for 23XI Racing and Front Row Motorsports is the preliminary injunction hearing, which is scheduled to take place on Monday, November 4, as previously noted. At that hearing, a judge will decide whether the two NASCAR Cup Series organizations can continue as chartered teams while the legal process plays out.

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