NASCAR has filed a motion with the U.S. District Court asking that it order a settlement conference between itself and 23XI Racing and Front Row.
“The parties have indicated a willingness to resolve this case and have attempted to do so through mediation and settlement conferences,” the motion states. “Other Charter holders have now indicated that their desire is that this litigation be resolved. Accordingly, NASCAR believes that the parties would benefit from a facilitated settlement discussion with a distinguished member of the bench who could provide unique insight into a jury trial in a complex matter such as this one in front of a jury of this District.”
The antitrust trial between NASCAR and 23XI Racing and Front Row Motorsports, which the two teams jointly filed in October 2024, is set to begin on December 1. NASCAR acknowledged in its motion that “the parties have exhausted” previous attempts to this point to reach a resolution, which includes court-ordered mediation.
An in-person mediation conference was held on August 5, but it saw no resolution between the two sides. Jeffrey A Mishkin oversaw the conference. Mishkin, who currently serves as a full-time arbitrator and mediator in sports disputes, is the former Executive Vice President and Chief Legal Officer of the NBA.
But NASCAR stated that “despite the lack of resolution through the mediation or settlement conference, the parties have all expressed a willingness to resolve this matter prior to a trial on the merits.”
NASCAR also referenced that after one hearing, “one of 23XI’s owners stated, ‘We’ve always been open to a settlement. Always have been. We’ve never taken that off the table.’ This is an area where the parties are actually in full agreement. NASCAR would also like to resolve this case prior to trial and believes that the parties should be able to reach a reasonable resolution with the assistance of a neutral judicial officer.”
NASCAR has requested that the court appoint a judicial officer, such as Judge Kenneth Bell, who is overseeing the case, or another individual to preside over the conference. However, 23XI Racing and Front Row Motorsports disagree and filed the following response to NASCAR’s motion:
“Mr. Mishkin has already been fully engaged in the mediation process and is up to speed on both the case and the positions of the parties, having not only conducted a full day in-person mediation with the parties, but also having had multiple calls with counsel. It therefore will be most efficient and have the greatest potential for success to continue with him in further mediation sessions rather than restart the process with a new mediator as the trial date swiftly approaches.”
The parties are scheduled to return to court on October 21 for a hearing on the summary judgment request that 23XI Racing and Front Row Motorsports filed last month. NASCAR suggested that timeframe as an opportunity for the settlement conference to take place.