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"The district court has indicated its inclination to vacate its previous order in light of a change in the preliminary injunction standard, which [Mayfield] would not oppose," Mayfield's new attorney, Dan Marino, wrote in a filing Wednesday. "The subject matter of this appeal is, essentially, moot.
"Since Plaintiffs-Appellees [Mayfield] no longer oppose the lifting of the preliminary injunction, briefing and consideration of all of the issues raised in [the appeal] would be merely an academic exercise."
Having just joined the case two weeks ago, Marino also asked for more time to file a response to NASCAR's appeal, which NASCAR wants to continue despite Mayfield's request.
"It sounds like they are scrambling and playing catch-up," NASCAR spokesman Ramsey Poston said. "We would have gladly agreed to an extension if they asked us, but they didn't. There are very important issues that remain connected to the appeal. We have a court date set for Dec. 1 and intend to keep it".