NASCAR Files Opposition to 23XI/Front Row's Expedited Injunction Motion
Following a re-filing of 23XI Racing and Front Row Motorsports' Motion for a Preliminary Injunction in their antitrust lawsuit against NASCAR, NASCAR issued a strongly worded opposition to the request for an expedited briefing from the race teams.
NASCAR claims the teams, and their attorney Jeffrey Kessler held the filing of their new motion until just before the Thanksgiving holiday.
"Plantiffs' motion to expedite should be denied," NASCAR attorney Chris Yates stated in the sanctioning body's opposition filing. "Plaintiffs tactically delayed filing their new motion for a preliminary injunction for over a week, intentionally dropping it on NASCAR and the Court on the eve of the Thanksgiving holiday after first posting about it on social media many hours before filing."
With the re-filing of the motion for preliminary injunction coming on the Tuesday before Thanksgiving, NASCAR states that giving the sanctioning body and its legal team only 10 calendar days to review and respond to the motion, "...fails to provide for sufficient time to review and investigate, particularly given the Thanksgiving holiday weekend and the fact that Defendants are working to prepare an answer and responsive briefing that are due on December 2."
While the teams had requested a response from NASCAR on the matter by December 6, Judge Frank D. Whitney sided with NASCAR's request of moving the response deadline to December 9. 23XI and Front Row will be allowed to reply to NASCAR's response by noon on December 12. Following the replys, the Court will set a date for oral arguments in the District Court of North Carolina.
The initial motion for a preliminary injunction by 23XI and Front Row was denied without prejudice by Judge Whitney on November 8. That ruling came in the middle of NASCAR Championship Weekend at Phoenix Raceway, where 23XI Racing was competing for a championship with Tyler Reddick. Judge Whitney's decision was filed during Steve Phelps and Steve O'Donnell issuing the NASCAR State of the Sport Address in the Media Center.
The teams filed for an appeal on November 15, but after NASCAR decided on November 16 to remove a clause from the sanctioning body's "Open" Team Agreement, which prevented Open Teams from bringing an antitrust lawsuit against the sanctioning body, the teams dropped the preliminary injunction appeal on November 21.
Kessler has hinted that 23XI Racing could potentially lose driver Tyler Reddick, and several key sponsors, which require the team to operate as a Chartered team in their contracts. 23XI and Front Row are seeking to be allowed to compete in 2025 as a Chartered team while the antitrust lawsuit unfolds.
Toby Christie is the Editor-in-Chief of Racing America. He has 15 years of experience as a motorsports journalist and has been with Racing America since 2023.