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

The motion for expedited discovery, made by 23XI Racing and Front Row Motorsports, has been denied by United States District Judge Frank D. Whitney

23XI Racing and Front Row Motorsports have had their motion for expedited discovery denied by United States District Judge Frank D. Whitney / Photo Credit: Nigel Kinrade, LAT for Toyota Racing

23XI Racing and Front Row Motorsports have had their motion for expedited discovery denied.

United States District Judge Frank D. Whitney ruled on the request on Thursday, October 31. The two teams, who are currently in the middle 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 Race Team Among Two NASCAR Cup Teams Suing NASCAR

Those executives included Jim France (CEO), Lesa France Kennedy (Executive Vice Chair), Ben Kennedy (Executive Vice President and Chief Venue & Racing Innovations Officer), Steve O’Donnell (Chief Operating Officer), Steve Phelps (President), and Scott Prime (Vice President of Strategic Development).

Among the components of discovery desired by the teams was discussions about the mandatory release provision in the 2025 charter agreement, NASCAR’s decision to end negotiations with the Team Negotiating Committee and the decision to make a take-it-or-leave-it offer to teams.

This ruling comes in advance of an injunction hearing scheduled for Monday that will determine whether the two NASCAR Cup Series organizations will be permitted to retain their charters throughout the legal process.

RELATED: 23XI Racing, Front Row Motorsports File Preliminary Injunction; Hearing Date Set

“While the proposed discovery requests may help Plaintiffs show a likelihood of success on the merits, they are not sufficiently narrowly tailored, and Plaintiffs argue the record is sufficient to support their motion for preliminary injunction as it stands,” the ruling reads.

With the injunction hearing less than a week away (scheduled for November 4), the court decided that the gathering of this information, which spans an eight-year period, would indeed put a significant burden on NASCAR, despite the claim from 23XI and Front Row Motorsports that it would not.

RELATED: NASCAR Issues Bluntly-Worded Rebuttal to 23XI, FRM Injunction Request

The issue of irreparable harm was another snag in the expedited discovery request for the teams, having to show that it exists should the Judge rule against the motion. That, however, was not adequately demonstrated.

"Plaintiffs seemingly misinterpret this factor," the ruling states. "As to this factor, Plaintiffs argue that they can show a likelihood of irreparable harm -- presumably in support of their motion for a preliminary injunction -- without access to expedited discovery but seek expedited discovery to 'create a more fulsome record'."

"In doing so, Plaintiffs concede that they do not actually require expedited discovery, at least for the purposes of their motion for a preliminary injunction."

RELATED: 23XI, FRM Claim 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 mentioned. In said hearing, a judge will decide whether the two NASCAR Cup Series organizations can continue forward as Chartered teams while the legal process unfolds.