NASCAR files to block 23XI, FRM charters, seeks hearing delay: Report

NASCAR has opposed the preliminary injunction filed by 23XI Racing and Front Row Motorsports. Both teams aim to compete as chartered teams in 2025 while continuing their pursuit of an antitrust lawsuit against the series and its CEO, Jim France.

After filing the antitrust lawsuit, 23XI Racing and Front Row Motorsports submitted a request for a preliminary injunction on October 9. The hearing for the injunction is set for October 16, where both teams must demonstrate that they will face irreparable harm if the injunction is not granted. In case it is denied, the teams have confirmed they will race as open entries.

NASCAR filed a motion on Wednesday night, October 9, opposing the preliminary injunction requested by 23XI Racing and Front Row Motorsports. The sanctioning body argued that a mandatory injunction is only justified in the "most extraordinary circumstances," which it claims are not applicable in this situation.

Secondly, it claimed that there is no irreparable harm as 23XI and FRM have confirmed they will compete as open teams if they lose this motion, and any monetary losses could be compensated if they eventually win the case. Lastly, the sanctioning body argues that the teams are unlikely to succeed in their claim, as the dispute revolves around contract terms rather than an antitrust violation.

Here are the three points from NASCAR's filing against the preliminary injunction (via Bob Pockrass):

"1) Plaintiffs [23XI and FRM] are seeking a mandatory injunction that is only warranted in the most extraordinary circumstances (which are not present here) since they are seeking to alter the status quo through an injunction requiring NASCAR to provide Charters for 2025 and beyond notwithstanding that the time to sign Charters for 2025 has expired."

"2) Plaintiffs cannot establish irreparable harm since Plaintiffs and their counsel have confirmed that Plaintiffs’ teams will compete as open teams in 2025, which means that money damages can compensate Plaintiffs even if they were to ultimately prevail."

"3) Plaintiffs cannot establish a likelihood of success on the merits for multiple reasons, including that this is a dispute over contract terms, not an antitrust case."

NASCAR has also requested to postpone the hearing until early November, citing the closure of their Daytona Beach offices due to Hurricane Milton. In contrast, both 23XI Racing and Front Row Motorsports have pushed for the hearing to be rescheduled for late October.

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Michael Jordan comments on filing lawsuit against NASCAR

23XI Racing co-owner Michael Jordan was present at Talladega Superspeedway, and explained the motivation behind filing an anti-trust lawsuit against NASCAR and CEO Jim France. Jordan explained that he decided to stand against the sanctioning body for all the smaller teams, and hopes both parties settle on better terms.

"I did it for the smaller teams as well. It's not just me. I think everybody should have an opportunity to be successful in any business. My voice is saying that it hasn't been happening. ... Hopefully we [at both sides] can come to our senses and figure out something that can make sense for everybody," he told Fox Sports.

NASCAR CEO France hasn't commented on the anti-trust lawsuit, nor has the sanctioning body issued any statement on the matter.