“Changed circumstances” at 23XI Racing and FRM instigate teams to re-file against the denied charter motion

The 2024 season may have concluded but 23XI Racing and Front Row Motorsports are having a long off-season. The teams will reportedly refile their motion for a preliminary injunction with additional evidence of changed circumstances.

For context, the court denied the two NASCAR Cup Series teams' preliminary injunction request because they weren't able to show "irreparable harm." So, as it stands, the plaintiffs don't have guaranteed entries and huge payouts for the 2025 season, thus they would run as open teams.

In an X (formerly Twitter) post by Bob Pockrass, the veteran NASCAR reporter reported that 23XI Racing and Front Row Motorsports will refile their motion for a preliminary injunction, though the said "changed circumstances" weren't disclosed.

"23XI/Front Row will re-file their motion for preliminary injunction. In motion asking to be able to seal portion of it, they state 'Plaintiffs intend to file a motion for preliminary injunction in the district court with additional evidence of changed circumstances,'" Pockrass wrote.

To keep it simple, the plaintiffs have to prove to the court that their stakeholders will severely be affected if a preliminary injunction isn't approved. According to the court, the initial request was denied because "they [23XI and FRM] have not sufficiently alleged present, immediate, urgent irreparable harm, but rather only speculative, possible harm."

The court added the 2025 season was still months away so the teams weren't at full operation.

Despite the ongoing legal battle, 23XI Racing and Front Row Motorsports still vow to race next year.

23XI Racing, co-owned by NBA Hall of Famer Michael Jordan and Joe Gibbs Racing driver Denny Hamlin, will add Riley Herbst to the roster. Herbst will drive the No. 35 Toyota Camry with Monster Energy as its primary sponsor.

The 25-year-old will drive alongside the No. 45 car of Tyler Reddick and the No. 23 car of Bubba Wallace.

Tyler Reddick drives the No. 45 23XI Racing Toyota - Source: Imagn

Meanwhile, FRM will field Todd Gilliland in the No. 34 Ford Mustang and Noah Gragson whose car number has yet to be announced. The Moorseville-based outfit will also add a third Cup car acquired from the now-discontinued Stewart-Haas Racing but its driver hasn't been finalized.

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Denny Hamlin claims 23XI Racing could skip Clash as open team

During an interview at the NASCAR Awards Banquet in Charlotte, 23XI Racing co-owner Denny Hamlin said the team could skip the Clash in 2025, stating:

“I don't know. I think a lot of dominoes need to fall, sponsorships, things like that. So, I don’t know if that decision’s been rock solid made yet, but things are so fluid. Over the next few weeks, we’ll probably know more."

While the 54-time Cup race winner understood how the Clash could help teams with their car setups in preparation for the season, he was still uncertain of their participation.

"The Clash is always a good rep. It’s certainly one where, even though you don’t have pressure there, it’s good for the teams to work some kinks out. So yes, but also, you’re probably going to go there and tear a lot of stuff. So, I don’t know. We’ll see," he added.

The Clash is a non-points-paying race set to be held at Bowman Gray Stadium ahead of the Daytona 500. Only the charter teams are required to participate in the race so 23XI Racing and Front Row Motorsports could be sidelined.