Its now classical stalemate
Nakamura definitely would have played remaining games during November Devember given FIDE would have refused counting Maritime Open it time. Therefore excluding him would violate his rights objectively.
As I understand, this particular question, second Circle place in 2024 or 2025, wasnt covered in regulations. So both Erigaisi and Abdusattorov can claim their rights, legally
Thats why practically just including all three might resolve the situation and satisfy rights of players involved, I suspect