Court denies expedited discovery motion for 23XI, Front Row
10/31/2024 04:49 PM
23XI Racing and Front Row Motorsports have had their motion for expedited discovery denied by the court.
The request was filed earlier this month on the heels of the motion for preliminary injunction that was filed. The teams were seeking immediate access to documents and files from NASCAR CEO Jim France, Lesa France Kennedy, Ben Kennedy, Steve O'Donnell, Steve Phelps and Scott Prime. The requests concerned the 2025 charter agreement, the negotiation process, the take-it-or-leave-it final offer made to teams in September, exclusivity NASCAR has with racetracks, acquisition of the ARCA Menards Series, and specific provisions in the charter agreement.
In his ruling, United States District Judge Frank D. Whitney laid out multiple factors for the decision. First, the court determined the request would not be as the team's proposed of "narrowly tailored" and a "minimal burden to Defendants." The requests for production were also seen as overly broad as it spanned eight years.
As written in the ruling, "More critically, though, Plaintiffs seek all of this information within five days of a Court order granting their motion for expedited discovery … a timeframe that would put a significant burden on Defendants. Accordingly, this factor weighs heavily against granting the motion."
Secondly was the issue of irreparable harm, which the teams had to show existed if the expedited discovery was not granted. The teams, however, had acknowledged they could show a likelihood of harm done. It was seen by the court that the Plaintiffs conceded that they didn't need the expedited discovery as it pertains to the preliminary injunction.
"Plaintiffs do not address the potential irreparable harm caused by the risk of loss of evidence if this Court does not permit expedited discovery," the ruling states. "Defendants state in their response that they 'have implemented a litigation hold that preserves relevant materials, including those requested by Plaintiffs.' Accordingly. This consideration also weighs against granting Plaintiffs' motion."
Thursday, the motion was denied. The preliminary injunction hearing is scheduled for Monday, Nov. 4.
23XI Racing and Front Row Motorsports filed the preliminary injunction to race as chartered teams in 2025 while the antitrust case goes through the legal system.
