23XI Racing and Front Row Motorsports drop appeal of preliminary injunction ruling UPDATES
11/21/2024 05:47 AM
UPDATE 4 11-21-2024: Fox Sports’ Bob Pockrass reports that the teams have dropped their appeal of the preliminary injunction denial.
See the court filing at Kickin the Tires.
23XI/FRM dropping appeal to preliminary injunction ruling, stating in court filing: "Circumstances have changed in the underlying case, removing the need for this appeal and necessitating Appellants to seek new relief from the district court."
(what's changed not specified) 1/2— Bob Pockrass (@bobpockrass) November 21, 2024
So this could mean:
-Going to refile for preliminary injunction in district court, which judge left open for them to do, if circumstances changed that would make irreparable harm more likely and not as speculative
-Something more unexpected as far as settlement talks (2/2).— Bob Pockrass (@bobpockrass) November 21, 2024
So this could mean:
-Going to refile for preliminary injunction in district court, which judge left open for them to do, if circumstances changed that would make irreparable harm more likely and not as speculative
-Something more unexpected as far as settlement talks (2/2).— Bob Pockrass (@bobpockrass) November 21, 2024
UPDATE 3 – 11-16-2024: NASCAR will allow 23XI Racing and Front Row Motorsports to sign the open race team agreement while continuing to pursue an antitrust lawsuit. The appeal to preliminary injunction is continuing for the same conditions to sign the charter agreement.
“We are pleased to announce that NASCAR has removed the anticompetitive release requirement in its open agreement, which will now allow 23XI and Front Row Motorsports to race as open teams in 2025,” Jeffrey Kessler said in a joint statement from 23XI and Front Row. “My clients will continue their appeal to the 4th Circuit to issue an injunction so that they can run as chartered teams therefore avoiding irreparable harm.”
Statement from 23XI and Front Row Motorsports ownership. pic.twitter.com/KPQom3IqlR
— 23XI Racing (@23XIRacing) November 16, 2024
UPDATE 2 (11-12-2024): 23XI Racing and Front Row Motorsport have officially filed an appeal of judge’s denial of their request for a preliminary injunction that would all them to run as charter teams while the lawsuit continues.
23XI and Front Row Motorsports have filed a formal notice in US District Court that it will appeal the denial of the preliminary injunction to the U.S. Court of Appeals.
— Bob Pockrass (@bobpockrass) November 12, 2024
UPDATE 11-8-2024: The judge overseeing the antitrust case brought against NASCAR by 23XI Racing and Front Row Motorsports has denied the team’s motion that NASCAR continue to allow them to operate as chartered teams while the lawsuit is underway.
Judge denied preliminary injunction for 23XI/FRM to run as chartered teams/pursue lawsuit. "At this time, Plaintiffs have not met their burden as required for a preliminary injunction. Should circumstances change, Plaintiffs may file a renewed motion for preliminary injunction."
— Bob Pockrass (@bobpockrass) November 8, 2024
A portion of the ruling reads: “At this time, Plaintiffs have not met their burden as required for a preliminary injunction. Should circumstances change, Plaintiffs may file a renewed motion for preliminary injunction. Therefore, the Court denies Plaintiffs‘ motion without prejudice. However, the Court intends to assign this case to the fast track as defined in this Court‘s standing orders. The Court DIRECTS Defendants to file an answer by the already-established responsive pleading deadline of December 2, 2024, even if it is accompanied by a motion to dismiss. The Court also DIRECTS the parties to conduct the Initial Attorneys Conference as soon as possible after the responsive pleading is filed and to file the Rule 26(f) report no later than December 16, 2024, so that a case management order
can promptly issue”
AND: The teams’ statement:
Statement from 23XI and Front Row Motorsports ownership. pic.twitter.com/1sIr931P4V
— 23XI Racing (@23XIRacing) November 8, 2024
ORIGINAL POST 11-4-2024: The judge assigned to the antitrust case filed by Front Row Motorsports and 23XI Racing against NASCAR did not make a decision during a hearing Monday on the teams’ request for a preliminary injunction.
The teams want NASCAR to allow them to continue to run as chartered cars while the case proceeds. NASCAR says the teams did not sign the charter agreements so they need to compete as open teams.
A decision will likely be made before Friday.
Some things learned at hearing:
—Reddick and 23XI sponsors can leave if they run as an open team.
—NASCAR attorney said nearly half of the broadcast revenue goes to the teams as part of the new charter agreement.— Bob Pockrass (@bobpockrass) November 4, 2024
#NASCAR … Jeffrey Kessler, attorney for 23XI/FRM, in claiming need for preliminary injunction for charter rights for two teams said in court that without charters "Our drivers are free to leave, including the driver who may be the champion of NASCAR."
— Dustin Long (@dustinlong) November 4, 2024
23XI/FRM's Jeffrey Kessler speaks outside the courthouse: pic.twitter.com/bSEx720Mfv
— Adam Stern (@A_S12) November 4, 2024
