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23XI and FRM Agree With NASCAR on One Key Aspect of Lawsuit

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What’s Happening?

Today, 23XI Racing and Front Row Motorsports are expected to respond to NASCAR’s response from last Wednesday. However, it appears that large portions of this response will be heavily redacted after NASCAR filed a Motion to Seal last Friday. So, what does this mean?

What Do They Not Want Public?

On Oct. 16, NASCAR responded to 23XI and FRM’s Motion for Preliminary Injunction; that response made headlines with blunt information, including the fact that NASCAR was planning on neither team fielding their four charters in 2025.

While this response made headlines, it contained, like most filings, a lot of information about NASCAR and 23XI/FRM. When the teams respond to NASCAR’s response, it will include the same level of information. However, a filing from NASCAR last Friday, Oct. 18, requests that certain confidential information in that response be redacted.

The alleged information that would be made public by this response raises concerns for NASCAR. This information includes the 2016 and 2025 NASCAR Cup Series Charter Agreement, “highly sensitive commercial financial information,” and other legal documents.

While these documents would not be made public in their entirety, portions of the documents would be found in the response, exposing the alleged confidential information. Fortunately for NASCAR, on page 3 of this filing, via a copy from Sportsnaut, 23XI and FRM agree to seal this information.

“Defendants’ counsel has conferred with Plaintiffs’ counsel regarding the instant motion, and Plaintiffs’ counsel consents to the motion to seal.”

All that is left for NASCAR is the court’s agreement. However, why does NASCAR want these documents sealed?

The Importance of Privacy

NASCAR has long been very private about its financial information. As a family-owned business, unlike the NFL or NBA, NASCAR prefers to keep its finances to itself.

Furthermore, the Charter Agreements are perhaps NASCAR’s most important documents. They include fine details about revenue sharing, TV rights, and other team-related information.

It is clear why it would benefit both sides to keep this information private; the Oct. 18 filing expands further on this request on page 2.

“Sealing this confidential information is necessary because it is highly sensitive commercial and financial information and disclosing it publicly would harm Defendants’ businesses and business relationships, including relevant third parties’ business.”

The aforementioned third parties could include sponsors, TV partners, and, of course, teams unrelated to the lawsuit. The filing also states on page 2 that the redactions are necessary as these documents are important to NASCAR’s defense and must be used in court.

While this is far from the most exciting news form this lawsuit, it does affect the fans.

Many fans wanted to learn more about the state of NASCAR from this suit. These wants included details from the Charter Agreements, the Financial status of NASCAR, and other private information. While it is disappointing that this information will remain private, it is understandable.

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Kauy Ostlien

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