Judge DENIES 23XI and FRM’s Request For Expedited Discovery

What’s Happening?

Thursday afternoon, new court documents revealed that 23XI and FRM have not been granted their motion for expedited discovery. This motion, filed on Oct. 9, would have given the plaintiffs access to eight documents they felt were valuable in gaining their preliminary injunction.

• The court ruled that they would not be granted this motion, as the requests “are not sufficiently narrowly tailored.” Furthermore, the filing states that the teams have claimed they can get their injunction with or without the requested documents.

“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.”

• This expedited discovery would have granted the teams access to documents from NASCAR brass, including Jim France, Steve O’Donnell, and Steve Phelps, among others. The teams claimed the requested documents were applicable to its antitrust claims. These documents included information related to past charter agreements and NASCAR’s purchases of ARCA and ISC.
• The teams believe expedited discovery would have been beneficial to the team’s upcoming injunction hearing. This requested injunction would allow the two teams to field their combined four charters under the 2025 NASCAR Charter Agreement, minus one aspect, throughout the Oct. 2 antitrust lawsuit.
• NASCAR obviously does not want the teams to get this injunction. The sport is planning for a 2025 season without the team’s four charters and reallocating their benefits. NASCAR’s legal team even called the request “A Masterclass in Contradiction.”
• Wednesday, the teams made claims as to why they should get this injunction. The preliminary injunction hearing is on Nov. 4. While this denial is not shocking due to how close the hearing is, it could be a blow to the team’s case for an injunction.

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