NASCAR has filed a late evening motion seeking summary judgement against 23XI Racing and Front Row Motorsports. This also included declarations filled with quotes from several other team owners saying they want to keep the charter system in place.

NASCAR stated in its memorandum that this “frontal assault on the charter system” should not be permitted to go to trial. It indicated that the garage wants this case to end.

The group of owners in the declarations included Rick Hendrick, Brad Keselowski, Joe Gibbs, Rick Ware, Roger Penske, Richard Childress, Carl Long, BJ McLeod, and Gordon Smith. Wood Brothers President Jon Wood, and Legacy Motor Club CEO Cal Wells also provided quotes.

MORE: Full Motion for Summary Judgement
MORE: NASCAR Expanded Memorandum

“The most important thing to me is that this lawsuit is resolved amicably, quickly, and in a manner that preserves the Charter system and the long-term viability of our incredible sport,” Gibbs said.

“That must happen to ensure the health, happiness and prosperity of our many hundreds of employees and their families. Nothing matters more to me.”

Said Penske, “I believe that the Charter system has been beneficial because it delivered on the race teams’ goal of creating long-term equity value. My belief in the value of the NASCAR Charter system is confirmed by the fact that, based on my experience with NASCAR’s Charter system since 2016, I decided to create a Charter-type system in IndyCar.

“In 2024, the NTT IndyCar Series and all teams racing full time in IndyCar entered into a charter agreement effective for the 2025 season. The IndyCar Charter has some similarities to the NASCAR Charter and I believe has brought value to our series.

“Attempting to address team concerns with the cost to race in Cup Series races, NASCAR with feedback from the teams, introduced what is called Next Gen car. Since the Next Gen car began racing in 2022, Team Penske’s Cup Series race car costs have been reduced due to a smaller number of race cars in the fleet and a lesser volume of parts replacements. In addition to cost efficiencies, the Next Gen car has enhanced on track racing for our team and certainly others.”

NASCAR also listed several points in its 35-page memorandum in support for the motion for summary judgement. One, in particular, said that the statute of limitations for Sherman Act claims is four years and that the challenges from 23XI Racing and Front Row Motorsports “occurred between 2016 and 2019.”

Other points in the motion for summary judgement claimed that 23XI Racing entered the Cup Series “wide open” and understood the terms of the charter before going forward. NASCAR said that the team “cannot now complain of being locked in.”

The points in the motion for summary judgement continued and said that the “alleged exclusionary provisions in NASCAR’s racetrack sanctions and Charter Agreements” could not have caused 23XI Racing and Front Row Motorsports harm as they are not trying to start a competing racing series.

NASCAR listed several points in its motion for summary judgement and the accompanying memorandum. Ultimately, it boiled down to four main arguments.

Argument No. 1: Team’s didn’t try to start their own series, so they can’t claim harm from the charter system.

Argument No. 2: The charter system hasn’t harmed competitive process and consumers.

Argument No. 3: The definition of premier stock car racing is too narrow.

Argument No. 4: The statute of limitations in antitrust lawsuit cases is four years, and that time has passed.

“Today’s filing demonstrates that NASCAR’s charter system has the support of race teams throughout the garage, and that the 23XI Racing and Front Row Motorsports lawsuit is not in the best interests of the sport,” NASCAR said in a statement. “This lawsuit is not about antitrust; it is merely an attempt to renegotiate an agreement that was signed and is being honored by all other race teams.

“Together with our race team partners, we remain committed to delivering the best of stock car racing to our fans every weekend through our championship on Nov. 2, including this Sunday on the ROVAL at Charlotte Motor Speedway.”