NASCAR has filed court documents calling an antitrust lawsuit filed by 23XI Racing and Front Row Motorsports "meritless" and saying that it is an "attempt to extort more favorable contract terms."
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In the documents, which became available on Wednesday evening, NASCAR said the Court "should deny" the motion for expedited discovery.
MORE: NASCAR's document opposing motion for expedited discovery
The two Cup Series teams filed a motion last week seeking 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.
Front Row Motorsports and 23XI Racing also sought documents regarding NASCAR's contracts with independently owned race tracks and the acquisitions of both International Speedway Corporation (ISC) and Automobile Racing Club of America (ARCA).
The requested documents included those "discussing the mandatory release provision in the 2025 charter agreement, documents discussing NASCAR's decision to end negotiating with the Team Negotiating Committee and only negotiate with individual racing teams for the 2025 charter agreement, and documents discussing NASCAR's decision to present to the teams a take-it-or-leave-it final proposal for the 2025 charter agreement."
"This Court should deny Plaintiffs' Motion for Expedited Discovery ("Motion"), as it is a one-sided, non-reciprocal request for relief more akin to a motion to compel," NASCAR's opposition filing stated.
"The requested discovery is also unnecessary in order to resolve the pending Motion for a Preliminary Injunction, is not narrowly tailored, and seeks to expand the usual scope of early discovery contemplated by Rule 26 of the Federal Rules of Civil Procedure. Plaintiffs' overreaching requests belie their true aim: to use the antitrust discovery process as a weapon. Reasonableness and the totality of the circumstances confirm that the Motion should not be granted."
Along with asking for a denial of expedited discovery, NASCAR stated that it plans to race without the 23XI Racing and Front Row Motorsports cars as chartered entries.
The two teams filed a preliminary injunction on Oct. 9 seeking to compete in 2025 as chartered teams while going through the process of the antitrust lawsuit. NASCAR said that the charter agreements are no longer available for these two organizations.
"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," the court document stated.
"Plaintiffs do not need these Charter Agreements to race, and indeed have stated publicly that they will be racing in NASCAR regardless."
Front Row Motorsports and 23XI Racing each have two charters. According to previous documents filed as part of the antitrust lawsuit, both teams have purchase agreements in place to acquire charters from Stewart-Haas Racing.
However, NASCAR has to approve these purchases.
NASCAR added in its court documents that it has worked on reallocating the funds that would have gone to 23XI Racing and Front Row Motorsports. NASCAR would use this money to increase prize money and other special awards for the 2025 season to benefit the other teams that signed the charter agreement, as well as non-chartered teams.
