It’s getting exhausting for both parties, given that the lawsuit has been running for over a year, with NASCAR and 23XI Racing, and Front Row Motorsports firing back at each other. However, NASCAR, owned by the France family, insists on honoring existing agreements with 13 other teams that were signed last year. And much like the two Cup Series teams, it is looking to resolve the matter before it hits trial. While some may think of this as a step forward, Dale Jr. cannot help but be doubtful.

On Monday, NASCAR filed a motion with U.S. District Judge Kenneth D. Bell requesting the appointment of a judge to oversee a settlement conference that, if successful, could prevent the trial set for December 1. The motion referenced Michael Jordan’s recent remarks that 23XI Racing, which he co-owns with Denny Hamlin and Curtis Polk, “has always been open to a settlement.”  However, Dale Jr. believes that it’s all for public view.

Speaking on his latest Dale Junior podcast, he said, “Was this more was this really nothing more than NASCAR going by the way we do want a settlement, if that, you know not not that we think one’s going to happen, but we just want people to know that we’re, we’re not against the settlement. I think that’s a big thing is public perception.”

More eyes on the “settlement” bid will definitely gain NASCAR more brownie points as they put up a front of negotiation. NASCAR has also shown that there is a path to resolution before the trial with the summary judgment, though it is unwilling to renegotiate the charter agreements. And although Michael Jordan said after the last hearing in August that he was open to a settlement, the attorney representing 23XI and Front Row Motorsports indicated that the clients are prepared to go to trial.

Backing up NASCAR’s “gameplan,” Dale Jr. added, “And so, you know, it’s just a reminder, I think, more than anything of, by the way, like, ‘You know, we’re not over here.’ We will settle under the right terms, right? We’re totally down with that. Not even expecting it to happen, but just so that the public knows. Um, and that maybe could be what this is.”

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Last Friday, NASCAR asked Judge Bell for a summary judgment in its favor, and an October 21 hearing is scheduled for the same.

The filing in the US District Court in Charlotte includes statements from individuals other than 23XI Racing and FRM, NASCAR team owners and executives, that support the charter system and are urging for a resolution. And NASCAR has recently opened up for a settlement. But not everyone is on board…

23XI Racing and FRM push back on NASCAR’s appeal for a fresh set of eyes

And as NASCAR seeks an independent judge to mediate the antitrust lawsuit brought by 23XI Racing and FRM, the two teams have pushed back, stating they prefer to continue working with mediator Jeffrey Mishkin.

Mishkin, the former NBA executive vice president and chief legal officer who has been facilitating negotiations this year, is still in demand from them. In a recent statement, 23XI Racing and FRM wrote, “Mr. Mishkin has invested a great deal of time learning this case and meeting with the parties. Plaintiffs have thus requested that NASCAR continue to engage with them via Mr. Mishkin or to make a settlement offer directly to Plaintiffs’ counsel, but NASCAR has not responded to those requests and instead filed this motion. It seems NASCAR is not happy with the diagnosis and wants to seek a second opinion.”

The teams highlighted Mishkin’s extensive experience with complex, sports-related antitrust disputes, noting his roles as an arbitrator or mediator for the International Court of Arbitration for Sport, the America’s Cup, FIFA, and the NFL. They argued that starting over with a new mediator is likely less effective, not more, in resolving.

The teams also argue that “starting over” with a new mediator is “less likely, not more likely, to lead to resolution.” These dueling motions come as NASCAR seeks a summary judgment to dismiss the case ahead of the scheduled December trial, with a hearing on the motion set for October 21.

At the center of the dispute is the charter system, the backbone of NASCAR’s business model. Modeled like a franchise system, charters guaranteed owners a spot in the field and a baseline revenue each year and, accounting for NASCAR, have generated over $1.5 billion in equity value for teams since 2016.

With all this at stake, the NASCAR lawsuit has just dialed up to 100, and all eyes in the years will be open to see the next moves made in this chess match.