AVONDALE, Ariz. (AP) — Denny Hamlin, along with Michael Jordan the co-owner of 23XI Racing, for the first time is not guaranteeing their team will field cars at the start of the next season. His indecision at Phoenix Raceway came a day after a federal judge denied a temporary injunction that would have recognized 23XI and Front Row Motorsports as chartered teams as they continue their antitrust lawsuit against NASCAR and chairman Jim France.

“I think it’s all TBD," Hamlin said Saturday. "There’s certain things that we’re going to have to navigate, so I hope so.” There is a clause in the new charter agreements that begin next season that teams cannot sue NASCAR, and both teams asked this week in court for it to be waived and for the teams to be chartered as they proceed with their suit.

The two organizations are the only ones out of 15 that declined to sign the take-it-or-leave-it agreements presented to teams 48 hours before the start of the playoffs in September. “We’re obviously pleased with the ruling that the judge sees merits in the case. He’s going to move forward to expedite it and expedite the discovery side of it,” Hamlin said.

"Obviously, judging on it without prejudice and obviously giving us an opportunity to refile once the situation changes, because he knows that things will change over the next few months, obviously he understands the complexity of it and obviously understands that this situation is fluid and we obviously could see some pret.