Judge rules on NASCAR asking for settlement conference with 23XI Racing, Front Row Motorsports

NASCAR on Monday filed a motion in the Western District of North Carolina, asking Judge Kenneth D. Bell to order a judicial settlement conference with 23XI Racing and Front Row Motorsports. Judge Bell made his ruling on Wednesday.

According to Bob Pockrass of FOX Sports, Judge Bell has, in fact, ordered a settlement conference between all parties on Oct. 21. The conference will be with current mediator Jeffrey Mishkin, former Chief Legal Officer of the NBA. Mishkin was the appointed mediator for the failed settlement talks in August. 

The teams said in their response that they were in favor of Mishkin returning as the mediator for any settlement talks. They added that “starting over” with a new mediator would be “less likely, not more likely, to lead to resolution.”

NASCAR believes the case can resolved ahead of the scheduled Dec. 1 trial by jury. They noted in their filing that they believe both parties are in full agreement on that. 23XI and FRM said in their response that NASCAR’s latest motion was “another effort to play to the court of public opinion.”

Of the 15 Cup Series teams that hold the 36 available charters, 23XI and FRM were the only teams that did not sign the Charter Agreement last August. They filed a joint lawsuit against NASCAR and its CEO Jim France in October, alleging monopolistic practices. 23XI and FRM, who have been racing as open teams since July, filed a preliminary injunction request to regain their charter status for the remainder of the 2025 season.

Judge Bell ruled against the teams last month, noting that NASCAR agreed to leave six charters out of 40 available pending the outcome of the case. That keeps 23XI and FRM from being subject to “irreparable harm.”

NASCAR lawsuit takes another turn

The sanctioning body last Friday submitted a request for summary judgment regarding the Sherman Act violations that the teams have accused NASCAR of. The filing includes statements from multiple Cup team owners.

The defendants, NASCAR and France, requested that Judge Bell give summary judgment regarding the alleged violations of the Sherman Act Sections 1 and 2. There are multiple reasons listed as to why the defendants believe summary judgment is appropriate in this situation.

Team owners such as Rick Hendrick, Richard Childress, Joe Gibbs, Brad Keselowski, and more voluntarily provided statements as part of the filing. Those statements are all centered around the charter system, the desire of the owners to see it continue, and their desire to see the charters become permanent.

“The most important thing to me is that this lawsuit is resolved amicably, quickly, and in a manner that preserves the Charter system and the long-term viability of our incredible sport,” Gibbs’ statement read. “… I have repeatedly expressed my strong desire for the Charter system to become permanent in nature, and I continue to hold out hope that will one day be the case.”