Judge sets deadline for 23XI, Front Row to respond to NASCAR motion to stay injunction

With today’s ruling from Judge Kenneth Bell in the NASCAR lawsuit, 23XI Racing and Front Row Motorsports still have time to respond. The court partially granted the motion to stay the transfer of Stewart-Haas Racing charters until Monday.

NASCAR filed an emergency motion to stay part of the preliminary injunction granted to 23XI and Front Row earlier this week. By entering new evidence in the form of communications from 23XI, Front Row, and SHR, NASCAR has given the court a reason to review evidence ahead of a ruling on December 23.

The transfer of the SHR charters was set to happen today. With the new ruling from the court, those transfers will be held off until a decision is made Monday. There is a chance the judge could rule in NASCAR’s favor and won’t have to approve the sale of the charters to 23XI and FRM.

The teams can still respond to the motion to stay. Judge Bell set a deadline for 23XI and FRM to file a response.

“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.”

While 23XI and FRM have one more chance to respond, NASCAR will not. The judge makes that clear and it means we will have the final decision on this injunction on Monday. That is, besides the appeal NASCAR has filed.

Things are heating up in the lawsuit. However, things are far from over.

NASCAR given brief reprieve after injunction decision

To put it plainly, NASCAR is in a tough spot. They are for once not holding the most power and leverage. With the injunction, 23XI and Front Row will race next season with the rights of chartered members.

However, NASCAR is trying to stop the sale of the SHR charters specifically. They state that it would put them into a longterm contractual relationship with the teams that they may not want to enter into.

In the ruling today, the judge hit back at that opinion.

“Defendants are incorrect that the injunction requires NASCAR to enter into a “seven to fourteen year” contractual relationship with Plaintiffs. With respect to their existing chartered cars, Plaintiffs are entitled – only for the 2025 race season – to race under the terms of the 2025 Charter Agreement (with the lone exception of the Release provision but including the “goodwill” and all other provisions) and NASCAR is not obligated to enter into a Charter Agreement.”

So, this is where we are at with the lawsuit. The court is reviewing more evidence. 23XI and Front Row are hoping they keep the injunction whole. It appears that NASCAR has one more chance with this motion to partially stay the injunction. Monday is the big day.