An injunction request in the ongoing antitrust lawsuit against NASCAR is pending, with a ruling expected next Thursday. However, proceedings on Wednesday revealed some significant new information.
As reported by Bob Pockrass of Fox Sports, 23XI Racing and Front Row Motorsports (FRM) publicized documents containing text exchanges between NASCAR leadership. In one exchange regarding a draft of the charter agreement, NASCAR president Steve Phelps characterized the draft as a “f— the teams” that aimed to return the sport to its Southern roots dating back to 1996.
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Further reporting from Kelly Crandall of Racer.com highlighted additional documents presented by 23XI and FRM, showing NASCAR executives advocating for the teams to get “zero wins” under the new charter agreement.
In one exchange, NASCAR executive Scott Prime sarcastically suggested giving the teams a bit more money and telling them to ‘f— off on everything else.’ As documented by Matt Weaver of motorsport.com, Phelps stated: “Give them (teams) the (contract), pick a date and sign it or lose their charters.”
This aligns with earlier reports from September, when JennA Fryer of the Associated Press quoted multiple teams feeling “coerced and threatened” with the risk of losing their charters if they didn’t sign the agreement.
Related: NASCAR Lined Up Buyers to Sell 23XI Racing, Front Row Motorsports Charters
During Thursday’s hearing, U.S. District Judge Kenneth Bell informed both sides that the case will go to trial on Dec. 1 if no settlement is reached. He cautioned that confidence in outright victory is misplaced, echoing prior rulings that no party would be a clear “winner,” and that settling is the best option.
“If either party feels certain they’re going to win, they’re wrong.”
U.S. District Judge Kenneth Bell in Thursday’s hearing to 23XI Racing, NASCAR and Front Row Motorsports (H/T Bob Pockrass)
The discovery process also uncovered internal communications from 23XI co-owners. In one message, Michael Jordan called Joe Gibbs Racing “f——” for signing the charter agreement and labeled other teams as “p——” for accepting NASCAR’s deal.
Another exchange shared by Crandall had 23XI president Steve Lauletta suggesting that NASCAR CTO Jim France’s eventual passing might be “probably the answer” for the sport to improve.
Read More: NASCAR Industry was Buzzing in Anticipation of Thursday’s Hearing
NASCAR recently notified the court, per requirements, of its intent to “issue” a charter to a team whose identity remains undisclosed. This charter is separate from those purchased from Stewart-Haas Racing (SHR), which NASCAR classifies as “inactive.” NASCAR confirmed it would reimburse the teams for those SHR charters if they are sold.
“My despise for the France family runs deep.’
Denny Hamlin in a text message with 23XI Racing executives regarding NASCAR’s France family in
Both 23XI and FRM recently filed in court expressing that they would be “out of business” after the 2025 Cup season if NASCAR is allowed to sell the four charters under their control for years. The league considers them “non-issued” and has argued it should be able to sell them to preferred teams for next season.
Importantly, per Pockrass, Judge Bell also warned all parties that everything presented at trial will be public. It reiterated his recommendation for 23XI, FRM, and NASCAR to settle before December.
Judge Bell will rule next week on whether 23XI and FRM will be granted a preliminary injunction to allow them to race as chartered teams until trial or if they’ll compete as open teams for the rest of the season. He may also rule on NASCAR’s right to sell the four charters before trial.
