Michael Jordan’s 23XI vs NASCAR: The Complete Timeline

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What’s Happening?

The 23XI Racing and Front Row Motorsports lawsuit will continue for some time. However, many developments will occur along the way, and it is important to keep track of those developments as they happen.

  • 23XI and FRM have entered an antitrust lawsuit against NASCAR. The two claim that NASCAR operates an illegal monopoly on stock car racing.
  • This story goes beyond the date the two parties announced the suit and months before. The root of this dispute is the 2025 NASCAR Charter Agreement. This agreement allows a car entry into points-paying races and a share of revenue with NASCAR and its tracks.
  • This lawsuit is a longer-term risk and hopeful investment in FRM and 23XI’s futures. However, the court system will decide those futures.

Dec 19: NASCAR to Appeal; Motions to Stay Ruling Until Appeal is Heard

One day after the judge ruled in favor of 23XI and FRM, NASCAR appealed the decision and requested that the implementation of the ruling be halted until their appeal could be heard. In doing so, NASCAR will guarantee the teams four entries into every NASCAR Cup Series race in 2025.

Dec 18: Judge Rules NASCAR Must Allow Teams To Sign Charter Agreement; Transfer SHR Charters

In a shock ruling, the court decided that 23XI and FRM will be granted their Preliminary Injunction and must transfer their two SHR Charters. The filing revealed that all three 23XI drivers and Corey Heim contacted the team about their future following the initial injunction ruling.

Dec 16: 23XI and FRM Respond to NASCAR’s Motion to Dismiss

On Dec 16, the two teams, as expected, filed their response arguing against NASCAR’s motion to dismiss. While this was more conversational, it showed the teams as firm in their footing on the lawsuit and their belief that NASCAR has a monopoly over stock car racing.

Dec 12: NASCAR Allegedly Planned to Transfer SHR Charters to Teams

As part of the teams proof of irreparable harm in their attempt to acquire a Preliminary Injunction, a Dec. 12 filing from the teams alleged from two team executives—Front Row Motorsports General Manager Jerry Freeze and former President of Stewart-Haas Racing Joe Custer —that NASCAR told them prior to the lawsuit the FRM transfer was approved and that they would approve the 23XI transfer.

Update Dec. 13: In a Dec. 13 filing NASCAR claimed that they were under the impression during their exchanges with Freeze that FRM intended to sign the 2025 Charter Agreement.

Dec 9: Teams Have Not Indicated Drivers Will Leave Teams Without Charters

In a heavily redacted response to the team’s filing of a new Preliminary Injunction motion, NASCAR clarified that the team’s “new circumstances” do not include drivers leaving the teams. “Plaintiffs do not assert that any of these drivers actually plans to leave.” This references the claims from the Nov. 4 hearing in which Jeffery Kessler argued that sponsors and drivers could leave the teams if they

Dec. 2: NASCAR Responds to Lawsuit; Motions to Dismiss

As expected, on Dec. 2, NASCAR motioned to dismiss the lawsuit and subsequent Preliminary Injunction. The sport cited several reasons for doing so. However, one of the most notable takeaways is that NASCAR will not transfer the teams’ new charters from SHR.

Nov. 27: 23XI and FRM Re-File Preliminary Injunction

As expected, on Nov. 27, the two teams re-filed their Preliminary Injunction motion with additional evidence. However, these, “new circumstances” are sealed, the teams requested this on Nov. 23. But this filing did clarify that the teams have roughly three weeks from the time of filing to finalize their purchases of charters from Stewart-Haas Racing.

Nov. 20 (P.M.): 23XI and FRM Drop Initial Preliminary Injunction

On Nov. 20, late breaking news revealed that 23XI and FRM filed to drop their appeal and subsequent preliminary injunction. However, this does not mean the teams are giving up or settling. It could mean however, that the teams might file a renewed motion with new evidence proving irreparable harm. Something the judge mentioned in the Nov. 8 ruling.

Nov. 20 (A.M.): 23XI Adds New Car For 2025

After months of speculation and perhaps the loss of their charters and new charter, 23XI Racing added a new car with driver Riley Herbst. The newly acquired SHR Charter would apply to this car if they win their appeal. However, if the vehicle is an “open” can, the team will race either way.

Nov. 18: NASCAR Responds to Expedited Appeal Request

On Nov. 18, NASCAR responded to the Nov. 14 request and laid out the dates it would prefer for the appeal to take place, opposing the teams’ request. These dates would push the appeal close to the date of the Clash at Bowman Gray Stadium. If the teams do not get this expedited appeal, this schedule will become their new reality.

Nov. 16: 23XI and FRM Will Race in 2025

Following their claims that the “open” car agreement contained a clause waiving NASCAR of any legal claims, NASCAR sent the teams a copy to sign for 2025 without that waiver in the agreement. Meaning, the teams will be able to continue their suit with NASCAR even if their appeal does not fall in their favor.

Nov. 12: Teams File Notice of Appeal

As previously stated, 23XI and FRM will appeal the Nov. 8 ruling, filing a notice of appeal on Nov. 12. On Nov. 16, 23XI and FRM requested an expedited appeal.

Nov. 8: Judge Denies 23XI and FRM’s Preliminary Injunction Motion

On Nov. 8, during NASCAR’s State of the Sport press conference, a North Carolina Judge denied the two teams’ request for a preliminary injunction. This is a major blow as it means that the teams will more than likely lose their four existing and two planned charters. Previous reports suggest they will appeal the decision. However, this loss continues the already rocky footing the two teams have in their overall lawsuit.

Nov. 4: 23XI and FRM’s Lawyer Claims Drivers and Sponsors Could Leave Team if They Lose Charters

During litigation of the team’s Preliminary Injunction Motion, their lawyer, Jeffery Kessler, claimed that drivers and sponsors could leave the teams if they were not chartered next season. The implication here is that there is an “out” in their contracts allowing them to do so under such circumstances. A ruling on the injunction is expected by Friday afternoon.

Nov. 1: Judge Denies 23XI and FRM’s Request for Expedited Discovery

On Nov. 1, the two teams suffered their first loss in the proceedings, with a judge denying their expedited discovery request from Oct. 9. The judge cited that the team’s requests “are not sufficiently narrowly tailored,” and that they have claimed they can get the injunction without the requested documents.

Oct. 30: 23XI/FRM Respond to NASCAR’s Oct. 23 Response

On Oct. 30, 23XI Racing in Front Row Motorsports responded to NASCAR’s Oct. 23 response. This response addressed the previous response’s key points. This response is important as it pre-dates the November hearing for a preliminary injunction.

Oct. 23: NASCAR Responds to 23XI and FRM’s Preliminary Injunction Request

On Oct. 23, the two sides both filed responses. 23XI and FRM responded to NASCAR’s response from Oct. 16, while NASCAR responded to 23XI and FRM’s request for a preliminary injunction. In NASCAR’s response, they notably claim that the two teams contradict themselves by filing for a preliminary injunction.

Oct. 16: NASCAR Responds to 23XI and FRM’s Expedited Discovery Request

NASCAR responded to 23XI and FRM’s request for expedited discovery on Oct. 16. Their response spelled a bleak 2025 season for 23XI and FRM, with NASCAR stating:

“The deadline for Plaintiffs to sign 2025 Charter Agreements expired weeks ago, and NASCAR has taken steps, consistent with its contractual obligations to other Charter Teams, to plan for a season with only 32 Charters.”

This confirms that if 23XI and FRM do not get their injunction, NASCAR will revoke the team’s four existing charters. However, the fate of their two pending additional charters is unknown.

Oct. 9: 23XI and FRM File Injunction to Compete in 2025

23XI and FRM filed their long-awaited injunction against NASCAR on Oct. 9. Alongside this injunction, 23XI and FRM requested expedited discovery, which would allow them access to important internal documents related to the Charter Negotiations and claims found in the Oct. 2 filing.

Several exhibits, including letters between 23XI and NASCAR, were also made public that day. These letters revealed information surrounding the team’s holdout on signing the Charter Agreement, negotiating the agreement, and a timeline of events dating back to 2022.

NASCAR requested an extension to the Oct. 16 hearing due to Hurricane Milton. The court accepted this and granted NASCAR a Nov. 4 hearing, the date that NASCAR initially requested.

Oct. 2: 23XI and FRM sue NASCAR

Despite a few comments from FRM owner Bob Jenkins and 23XI owners Curtis Polk, Denny Hamlin, and Michael Jordan, Oct. 2 proved to be a monumental day in NASCAR history. 23XI and FRM released a joint statement that they were suing NASCAR on antitrust grounds.

The two teams hired Jeffery Kessler, a renowned antitrust lawyer with a winning resume of sports litigation with the majority of major U.S. sports leagues. The resulting court filing revealed many new developments, including news that the two parties’ new Charters are on hold pending approval from NASCAR.

The two teams also planned to file a preliminary injunction to compete in NASCAR as Chartered teams in 2025.

Sept. 6: 23XI and FRM hold out on the 2025 Charter Agreement

On Sept. 6, 23XI and FRM shocked the NASCAR world by publicly rejecting NASCAR’s 2025 NASCAR Charter Agreement. This move put the teams at risk of losing their combined five Charters. At the time, there was no idea what direction this story would head.

This uncertainty includes what the next step would be, how it would affect the team’s new 2025 plan, and how NASCAR would respond. Reports surfaced throughout the Atlanta race weekend that NASCAR gave teams the impression that this was an all-or-nothing offer with a short deadline.

This article will be updated as the story develops.

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Kauy Ostlien

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