United States District Judge Frank D. Whitney has denied the motion for expedited discovery filed by 23XI Racing and Front Row Motorsports.
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This means they will not have access to documents from NASCAR before a preliminary injunction hearing on Monday.
The two Cup Series teams filed this motion for expedited discovery early in October, along with a preliminary motion to race as chartered teams in 2025. The teams sought expedited access to documents from Jim France, Lesa France Kennedy, Ben Kennedy, NASCAR President Steve Phelps, Chief Operating Officer Steve O'Donnell, and Senior Vice President of Global Strategy Scott Prime.
The motion sought documents regarding the acquisition of International Speedway Corporation (ISC) and Automobile Racing Club of America (ARCA); specific provisions in the charter agreement; NASCAR's decision to end negotiating with the Team Negotiating Committee and only negotiate with individual racing teams for the 2025 charter agreement; and the "take-it-or-leave-it final proposal for the 2025 charter agreement" that the two teams did not sign in September.
If granted, the motion would have given NASCAR five days to gather all of the documents, something that Judge Whitney said would "put a significant burden" on the defendants. He said this factor weighed heavily against granting the motion.
"Although Plaintiffs (23XI Racing and Front Row Motorsports) assert that their proposed discovery requests are 'narrowly tailored' and would pose only a 'minimal burden to Defendants,' based on the Court's review of the parties arguments and exhibits, this is not the case," Judge Whitney wrote.
"At least six of Plaintiffs' eight proposed requests for production pertain to Defendants' alleged anticompetitive conduct which goes to the crux of Plaintiffs' lawsuit. Moreover, the scope of the requests for production is also overly broad. Plaintiffs seek discovery responses spanning eight years based on 'a search of Defendant's corporate files and the electronic files of six NASCAR executives.
"Thus, while the proposed discovery requests may help Plaintiffs show a likelihood of success on the merits, they are not sufficiently narrowly tailored."
Judge Whitney also stated in the court documents that the two teams did not require expedited discovery ahead of the hearing for the preliminary injunction.
"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.'"
The preliminary injunction hearing is the next step in the legal process. This will take place on Monday, Nov. 4, as the two Cup Series teams seek to race with charters in 2025 while the antitrust lawsuit continues.
NASCAR previously stated that it intended to race in 2025 with 32 chartered entries instead of 36. This would require Front Row Motorsports and 23XI Racing to field "open" cars that had to qualify for every race on the schedule.
