The judge overseeing the 23XI Racing and Front Row Motorsports v. NASCAR antitrust lawsuit and countersuit has effectively ordered a middle ground compromise over a recent ask made by both parties.
On Monday, NASCAR motioned to Judge Kenneth D. Bell to have the Western District of North Carolina oversee a settlement conference due to previous meetings through mediator Jeffrey Mishkin in August not producing a settlement.
The two teams countered later that night that it wasn’t reasonable to start over settlement talks with a new mediator with just eight weeks remaining until the December 1 trial. Both sides have disagreed with each other on how much good faith negotiating was done by the other.
So on one hand, Judge Bell has granted the motion by NASCAR, giving them a win by ordering all parties to meet in his courtroom on October 21. However, 23XI and Front Row also get a win out of this in that the Judge has also ordered Mishkin to appear in court and continue to serve as mediator
This will effectively encourage good faith mediation.
Bell has been very blunt and honest with both NASCAR and the two teams that ‘a lot of money is being spent’ on ‘burning this house down’ and he was hopeful the two sides would reach a settlement before this matter reaches trial. This way, he can strongly nudge them towards making an earnest attempt towards a resolution.
With mediation now scheduled for October 21, the hearing on both parties motions for summary judgement, which is asking the judge to make a ruling on the merits of each suit and countersuit, has been moved to October 23.
No doubt, Judge Bell is going to encourage a resolution before then.
Jeffrey Kessler, the lead attorney representing the two teams said his clients welcome this development.
“We welcome Judge Bell’s decision to bring all parties together to engage in meaningful resolution. We remain open to a settlement that genuinely benefits the sport and its fans. The goals my clients have raised are clear, and the teams have affirmed them in their own declarations. From the outset, our objective has been unwavering: to secure lasting stability and growth for every team, their employees, and the sport. It’s time for all parties to step up and deliver.”
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