NASCAR News: Judge denies a motion by 2 teams suing NASCAR (Update)

23XI Racing and Front Row Motorsports have refiled their preliminary injunction request with the court.

The teams’ statement says they have submitted new evidence and are asking to string down the release that NASCAR has removed from open agreements but still maintain for charter agreements.

Statement from 23XI and Front Row Motorsports ownership. pic.twitter.com/UYXzGklxK5

— 23XI Racing (@23XIRacing) November 27, 2024

23XI and FRM have re-filed their motion for preliminary injunction. The “new circumstances” section is mostly redacted. They indicate they have three weeks to decide whether to close on the SHR charter purchase and certain sponsors want assurances on sponsoring a chartered car.

— Bob Pockrass (@bobpockrass) November 27, 2024

Just as NASCAR executives were giving their annual “State of the Sport” address at Phoenix Raceway, a federal judge gave them a court victory by denying a motion by two teams suing them.

A federal judge on Friday denied a motion by two NASCAR teams to be recognized as chartered teams as they proceed in an antitrust lawsuit against the stock car series and chairman Jim France.

The motion was signed by federal judge Frank D. Whitney of the United States District Court of Western North Carolina in Charlotte.

23XI Racing and Front Row Motorsports declined to sign and have accused NASCAR of being a monopoly and pursued relief under the antitrust laws of the USA.

As a result of the lawsuit, NASCAR has since rescinded the offers on charter extensions to 23XI and Front Row. Their current charters expire at the end of the calendar year. The teams are free to operate as “open” teams, but the lack of chartered protection denies them an equal share of revenue, a guaranteed spot in the field of 38 races and other provisions under the charter agreements.

23XI and Front Row have asked for things to remain status quo as their antitrust case proceeds because the new charters that begin in 2025 prevent teams from suing NASCAR. Kessler asked that the teams be released from that clause for the duration of the lawsuit.

A portion of the ruling by the judge reads: “At this time, Plaintiffs have not met their burden as required for a preliminary injunction. Should circumstances change, Plaintiffs may file a renewed motion for preliminary injunction.

“Therefore, the Court denies Plaintiffs’ motion without prejudice. However, the Court intends to assign this case to the fast track as defined in this Court’s standing orders.

“The Court DIRECTS Defendants to file an answer by the already-established responsive pleading deadline of December 2, 2024, even if it is accompanied by a motion to dismiss.

“The Court also DIRECTS the parties to conduct the Initial Attorneys Conference as soon as possible after the responsive pleading is filed and to file the Rule 26(f) report no later than December 16, 2024, so that a case management order can promptly issue.”

Statement from 23XI and Front Row Motorsports ownership.