Overview
- Judge Kenneth Bell allowed five‑page briefs due by noon Nov. 25 on NASCAR’s request to exclude two of 23XI’s three owners from the courtroom, with no reply briefs permitted.
- NASCAR argues the two owners are expected witnesses whose presence could influence testimony under Federal Rule of Evidence 615, with reporting pointing to Michael Jordan and Denny Hamlin as the likely pair.
- The jury trial is scheduled to begin Dec. 1 in Charlotte, with nine jurors expected to hear about two and a half weeks of testimony.
- Earlier rulings denied the teams’ bid for a preliminary injunction, leaving 23XI and Front Row Motorsports to compete as open entries, and dismissed NASCAR’s counterclaim alleging collusion.
- This week’s pretrial activity included a jointly requested change to the juror questionnaire, plaintiffs adding Anthony L. Smith as a witness with NASCAR calling the move untimely, and release of texts in which Steve Phelps derided SRX and said NASCAR needed to “put a knife” in the series.