23XI Racing and Front Row Motorsport say that NASCAR’s request for a settlement conference is “another effort to play to the court of public opinion” and not a move toward resolution.
The race teams stated as much in the response filed Monday night to NASCAR’s motion that the court order a settlement conference. There has been no resolution between the parties to this point, including when an in-person mediation session was held on August 5, 2025, which was overseen by Jeffrey A. Mishkin, a full-time arbitrator and mediator in sports disputes, having previously served as the Executive Vice President and Chief Legal Officer of the NBA.
NASCAR requested in its motion that the court appoint a magistrate judge or another judicial officer to oversee the settlement conference. However, 23XI Racing and Front Row Motorsports believe it is better to stay with Mishkin, who is familiar with the case, than to restart the process with someone new.
“Mr. Mishkin has invested a great deal of time learning this case and meeting with the parties – not just at the in-person mediation session of August 5, 2025, but in multiple phone calls with the parties’ counsel prior and subsequent to the mediation,” the team’s response states. “Plaintiffs’ have thus requested that NASCAR continue to engage with them via Mr. Mishkin or to make a settlement offer directly to the Plaintiffs’ counsel, but NASCAR has not responded to those requests and instead filed this motion. It seems NASCAR is not happy with the diagnosis and wants to seek a second opinion.”
“Plaintiffs’ submit that, with a mere eight weeks until trial, starting over with a judicial officer who will have to learn the case background and the parties’ history is less likely, not more likely, to lead to resolution, which all interested parties appear to agree is in their collective best interests. Accordingly, Plaintiffs respectfully maintain that the Court should instead order the parties to engage in another session with the previously selected mediator. However, Plaintiffs remain willing and available to engage in meaningful settlement discussions anytime, anywhere, and with anyone.”
The trial for the antitrust lawsuit jointly filed by 23XI Racing and Front Row Motorsports in October 2024 is scheduled to begin on December 1. There is also a hearing set for October 21 for the motion for summary judgment that the teams have requested.