NASCAR filed a motion on Monday seeking an order directing plaintiffs and defendants in an ongoing lawsuit to take part in a judicial settlement conference. 23XI Racing and Front Row Motorsports have responded.
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"NASCAR's Motion for a Judicial Settlement Conference is another effort to play to the court of public opinion and attempt to color the perception of Plaintiffs, rather than to progress this case earnestly toward a negotiated resolution," the response started.
MORE: 23XI Racing/Front Row Motorsports response to judicial settlement conference motion
The two teams engaged in this lawsuit against NASCAR continued and stated that they "remain willing and available to engage in meaningful settlement discussions anytime, anywhere, and with anyone." However, they pushed back against NASCAR's request for a new mediator.
The two sides in this lawsuit had previously met with Jeffrey A. Mishkin, a former Executive Vice President and Chief Legal Officer of the National Basketball Association who now serves a full-time arbitrator.
According to the court documents, they began working with Mr. Mishkin in January. This included an in-person mediation session on Aug. 5, 2025, as well as multiple phone calls.
NASCAR's motion requested a settlement conference overseen by a judicial officer instead of Mr. Mishkin. 23XI Racing and Front Row Motorsports seek to continue working with Mr. Mishkin due to his past experience and the time remaining before the Dec. 1 trial.
"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," NASCAR's motion stated.
The response from 23XI Racing and Front Row Motorsports noted that Mr. Mishkin has experience working with numerous sports leagues. This includes the PGA TOUR, NFL, NHL, MLB, NCAA, MLB, and U.S. Tennis Association.
"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," the team's response stated.
