NASCAR seeks settlement conference in new Court filing

The possibility has arisen that the lawsuit between 23XI Racing/Front Row Motorsports and NASCAR could end prior to the Dec. 1 trial start date. NASCAR has filed a motion seeking a judicial settlement conference.

The filing, which NASCAR made late Monday, seeks an order from the Court directing the parties to participate in a judicial conference settlement overseen by a judicial officer. The motion noted that this could be the magistrate judge overseeing the case or another judicial officer.

NASCAR noted in the motion that both sides of the ongoing lawsuit have indicated a willingness to settle this case before trial. Past mediation and settlement conferences have failed to deliver this result, but other team owners recently filed declarations stating a desire to see this case resolved.

“Given the parties’ efforts to date, as well as their willingness to continue engaging in settlement discussions, a judicial settlement conference in this case is likely to ‘facilitate the resolution of this litigation,’ a proposition supported by the Fourth Circuit,” NASCAR’s filing stated.

One of the past settlement attempts included work with Jeffrey A. Mishkin, the former Executive Vice President and Chief Legal Officer of the National Basketball Association. Mishkin currently works as a full-time mediator of sports disputes, but he could not help the two sides of this lawsuit reach an agreement in August.

As NASCAR noted in the filing, the plaintiffs in this case (23XI/Front Row) said that continuing to work with Mishkin would be the most efficient and “have the greatest potential for success.” NASCAR disagreed and listed multiple reasons why it would prefer to have a sitting judge preside over the settlement conference.

“A sitting judge carries a particular weight and gravitas that would aid here by evaluating strengths and weaknesses of the parties’ claims, communicating the risks inherent in a jury trial in this District, and moving the parties towards an amicable resolution,” the motion stated.

Judge Kenneth D. Bell, as well as the panel of judges in the Fourth Circuit Court of Appeals, have also pushed for the two sides to sit down and have settlement discussions.

Judge Bell, in particular, repeatedly reminded NASCAR, 23XI Racing, and Front Row Motorsports that they will not be able to keep information private during a trial jury. The nitty gritty details that they prefer to keep behind closed doors will become public.

The possibility remains that these details will become public during a trial in December, but for now, NASCAR will push to have the two sides of this lawsuit reach a settlement.