Monday afternoon, there was a glimmer of hope that NASCAR appeared to be bending to the possibility of mediation with 23XI and FrontRow Motorsports, asking the court to appoint a judicial officer — such as the assigned magistrate judge — to preside over the settlement conference.
NASCAR filed the request giving way that “the parties have indicated a willingness to resolve this case and have attempted to do so through mediation and settlement conferences.”
And as quickly as it seemed NASCAR was handing a legal “olive branch” to the 23XI and FrontRow lawyers, 23XI and FrontRow responded with a “not so fast, my opponent” response, calling it “another effort to play to the court of public opinion” rather than a genuine move toward resolution.
ICYMI
- Charter showdown | NASCAR legal battle features revealing messages from both sides
- NASCAR | Legal spat with 23XI, Front Row Motorsports reaches boiling point
- Court denies 23XI Racing request for rehearing in NASCAR charter case
The teams filed their response Monday night to NASCAR’s motion, asking the Western District Court of North Carolina to mandate the settlement conference.
Yes, the dispute remains unresolved, even after an in-person mediation session was held on Aug. 5. That mediation was overseen by Jeffrey A. Mishkin, a full-time sports disputes arbitrator and mediator who previously served as the executive vice president and chief legal officer of the NBA.
In its original Monday night filing, NASCAR had asked the court to appoint a judicial officer — such as the assigned magistrate judge — to preside over the settlement conference. NASCAR argued that “the parties have indicated a willingness to resolve this case and have attempted to do so through mediation and settlement conferences.”
NASCAR also cited the fact that other charter holders have expressed a desire for the litigation to be resolved. The organization suggested that a facilitated discussion with a member of the bench could offer “unique insight into a jury trial” in a complex matter. NASCAR noted the court’s past willingness to offer a judicial settlement conference at a similar stage in proceedings: after private mediation efforts and following the close of discovery and the filing of summary judgment motions.
Letters from Joe Gibbs, Richard Childress, Rick Hendrick and Brad Keselowski, just to name a few, were submitted in hopes that “peaceful solution” could be reached before the end of the season and the Dec. 1 court date.
ICYMI
- NASCAR files for a summary judgement in the 23XI/Front Row Motorsports lawsuit
- NASCAR charter suit update | Judge denies 23XI, Front Row injunction
With this recent development, it appears that 23XI and FrontRow are dug into the legal trenches ready to come out with barrels blazing.
Any hope NASCAR had of solving this amicably seems to have disappeared as we head toward Vegas, Talladega and Martinsville.
I’m hoping for a solution to be reached on Championship Weekend in Phoenix, but I’m not about to hold my breath on it.
Like Denny Hamlin alluded to in a press conference earlier this year, “all will be revealed.”
Unless things change soon, those revelations will be put into court on Dec. 1, which could be a lengthy and messy case, very similar to a divorce case.
The only questions? Who will win, and who gets the gold mine and who gets the shaft.
It seems in this messy “divorce style” case, no one will come out a winner.
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