Judge explains decision to delay ruling on injunction for 23XI Racing, Front Row

Today Judge Kenneth Bell ruled that he would partially grant the emergency motion to stay the preliminary injunction for 23XI Racing and Front Row Motorsports. In the order, the judge explained his reasoning behind the decision.

The transfer of the Stewart-Haas Racing charters was supposed to be completed today. However, this order will delay that transfer. NASCAR entered new evidence and the court is going to take time to review it and make a ruling on Monday, December 23.

Judge Kenneth Bell explained his ruling clearly in the ruling today.

“Nevertheless, the Court wants to ensure that it has a full opportunity to consider all of Defendants’ proffered evidence and argument with respect to the transfer of the Stewart Haas Racing charters, if possible prior to the close of the transactions. Therefore, if the transactions transferring the SHR charters have not closed prior to the entry of this Order, then Plaintiffs shall stay the closings until the Court’s ruling on Defendants’ Motion to Stay (Doc. No. 76), which will be decided on December 23, 2024.

“With respect to the timing of Plaintiffs’ response to that motion, the Court finds that it would be unreasonable to require Plaintiffs to respond in a single day. Plaintiffs shall have until December 23, 2024, at 10:00 a.m. to file any response to Defendants’ Motion to Stay Pending Appeal, and Defendants shall not file a reply.”

So, NASCAR has a little room to breathe now. When they filed the emergency motion to partially stay the injunction, they entered new evidence. Included are multiple communications between NASCAR and Front Row, 23XI Racing, and Stewart-Haas.

23XI Racing, Front Row hoping to retain injunction

Judge Kenneth Bell will make his ruling on this motion to partially stay the injunction on Monday, December 23. A quick weekend to review the new evidence and make a decision.

23XI Racing and Front Row Motorsports hope that they retain the full injunction. Both have plans to race three chartered cars next season. If they can’t purchase the Stewart-Haas charters, then they can’t race as such.

The court also hit back at NASCAR and their legal team for certain statements, including alleging the court limited their ability to argue their side fairly.

“Contrary to Defendants’ suggestion, the Court did not limit their ability to present their position and evidence in any way, including with respect to the issue of the transfer of the Stewart Haas Racing (“SHR”) charters. Defendants could have filed all of the arguments and exhibits they presented in one day in support of their motion to stay in the six days between Plaintiffs’ “notice” with respect to the issue and the issuance of the injunction order.

“Instead, Defendants made the strategic decision to file a Motion to Strike (which included many, if not all, of the same arguments now presented) rather than simply put in the record everything they now ask the Court to consider.”