United States District Judge Frank D. Whitney has denied the request for expedited discovery made by 23XI Racing and Front Row Motorsports.
As part of the motion, the teams were seeking immediate access to files and documents from NASCAR executives Jim France, Lesa France Kennedy, Ben Kennedy, Steve O’Donnell, Steve Phelps, and Scott Prime.
The ruling comes less than a week ahead of a preliminary injunction hearing, in which 23XI Racing and Front Row Motorsports will look for the court to intervene and allow them to complete as Chartered teams as the legal process unfolds.
“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.
The motion was denied primarily based on two factors, the first being that the eight-year scope of the information desired by teams would trigger a substantial burden for NASCAR, given the close proximity of the injunction hearing.
Furthermore, for the teams to be granted expedited discovery, they would have to prove that there is irreparable harm should the Judge decide to rule against the motion. However, as outlined in the ruling, the burden of proof was not fulfilled.
“Plaintiffs seemingly misinterpret this factor,” the ruling continues. “As to this factor, Plaintiffs argue that they can show a likelihood of irreprabale 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.”
When it comes to the antitrust lawsuit, the next step in the process for 23XI Racing, Front Row Motorsports, and NASCAR is the preliminary injunction hearing, scheduled for November 4.
The verdict from that hearing will decide whether the teams will be able to retain their NASCAR Cup Series Charters for the 2025 season, as this legal process continues.
