The Court has responded to two motions filed by the plaintiffs and defendants in an ongoing antitrust lawsuit. Judge Kenneth D. Bell has issued an order directing NASCAR, 23XI Racing, and Front Row Motorsports to meet for a settlement conference.
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According to Wednesday order, this settlement conference will take place in Charlotte, North Carolina, on Oct. 21. NASCAR and the two teams engaged in this antitrust lawsuit will meet with Parties' designated mediator, Jeffrey A. Mishkin, who took part in previous mediation sessions.
Judge Bell did not provide a written explanation why he chose to have the parties continue working with Mishkin instead of a new mediator.
With the Court setting a settlement conference date, another session will move. The previously scheduled hearing on the pending motions for Summary Judgment and to exclude witnesses (if necessary) will now take place on Oct. 23.
To recap, NASCAR filed a motion on Monday requesting the Court direct the two parties in this lawsuit to take part in a judicial conference settlement. In this motion, NASCAR requested that a judicial officer over see the settlement conference.
NASCAR stated in its motion that a settlement conference would "likely facilitate the resolution to this litigation." NASCAR pointed to both sides of the lawsuit having a willingness to take part in settlement discussions, as well as other team owners pushing for a resolution from the sidelines.
23XI Racing and Front Row Motorsports responded to the motion with their own filing. They indicated a willingness to engage in settlement talks "anytime, anywhere, and with anyone." However, the two teams pushed back against bringing a new mediator into the mix with trial only eight weeks away.
23XI Racing and Front Row Motorsports requested that they continue working with Mishkin, who had taken part in an August mediation session, as well as numerous phone calls before and after the session. The two teams indicated that working with a new mediator would decrease the likelihood of a resolution instead of increasing it.
