Kentucky Speedway going to mediation with NASCAR

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LEXINGTON, Ky. -- Kentucky Speedway is heading to mediation Friday in its antitrust case against NASCAR, but lawyers weren't saying whether the two sides are any closer to a settlement that could potentially land the Sparta, Ky., track a Nextel Cup race.

U.S. Magistrate Judge Gregory Wehrman has set a "settlement conference" for 10 a.m. ET Friday in Covington, Ky., according to the court clerk's office.

Cincinnati attorney Stan Chesley, who is representing the speedway in the $400 million antitrust lawsuit, said it was hard to know how long the mediation proceedings will last or whether it would spark any movement in the negotiations.

"The fact we're going to mediate doesn't mean it's going to get settled," Chesley said. "We'll either settle it, or try it in March."

NASCAR officials didn't immediately respond for requests for comment Wednesday.

In the case, the Sparta track makes numerous allegations against NASCAR, including that it conspired to leave Kentucky and some other tracks out of the coveted Nextel Cup schedule despite their credentials and superior amenities.

Kentucky Speedway, based about halfway between Louisville and Cincinnati, continues to set attendance records with some of its other races, particularly the NASCAR Busch race, which last month drew more than 70,000 people -- topping capacity for a seventh consecutive year.

"It was one of the most energetic crowds we've ever had," track spokesman Tim Bray said.

The track also hosts a Craftsman Truck Series event, the Indy Racing League and ARCA.

Bray said if a Nextel race were to come calling, the track could install the required 35,000 additional seats and 50 luxury suites in time for next season's schedule. The state government has already invested tens of millions of dollars in new roads to deal with the area's traffic congestion.

NASCAR officials have maintained the 36-week Cup schedule is already too crowded, and its expansion plans the last decade have largely been outside the South.
 
This is actually a settlement conference held by the court. Settlement conferences are, semantically, a form of mediation but generally not commenced by agreement of the parties- which mediations tend to be.

Settlement conferences are often required by judges, especially federal judges, as part of the normal scheduling of a case. They usually occur a couple of months before the trial and a magistrate or the district judge will attempt to find out where the parties disagree and perhaps even steer them to middle ground.

But it is unlikely that there is going to be a settlement in this case. Were this an actual mediation commenced by agreement of the parties, there would be more optimism here. This settlement conference, however, is likely just part of the normal course of this case with this judge, and given the parties' relative positions, I wouldn't expect too much to come from it.
 
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