In a petition filed by Bob Baffert’s attorneys on February 10, a federal judge presiding over a lawsuit filed by the coach against Churchill Downs Inc. and others were asked to withdraw from the case.
The request came nearly a year after the judge was appointed to take charge of the case and a week after a significant hearing was held.
The petition accuses US District Judge Rebecca Jennings Grady of a conflict of interest based on her husband’s relationship with a company that acts as a legislative agent for The Jockey Club, an organization that acts as an industry breeding industry for North American purebred dogs.
“The motion was made in good faith after a thorough investigation of the public records and not out of favor or other litigation tactic,” wrote Baffert attorney Clark Brewster.
A spokesperson for The Jockey Club said Jennings’ representation was limited to a specific legislative effort, unrelated to the Baffert/CDI case.
A TJC spokesperson said: “Patrick Jennings and his colleagues at Commonwealth Alliances, a government relations firm in Frankfort, Ky., have represented The Jockey Club since spring 2022.” Commonwealth representation on The Jockey Club is limited to legislation introduced in the 2022 legislative session and is in no way related to any matter currently pending in court.”
The filing comes shortly after Brewster apparently on February 6 accused Churchill Downs and Jennings of an inappropriate external communication during last week’s hearing on Baffert’s offer for a preliminary order against Churchill Downs as he tried to sidestep the company banning Baffert from racing at its track. One-party communication occurs when one party or its attorney communicates with a judge without the other party’s involvement.
After Churchill Downs and Jennings denied the claim and Brewster and Baffert did not take the matter further, Jennings issued Brewster a warning.
“The unsubstantiated claim by the plaintiffs that the Court engaged in inappropriate one-party communications activities is egregious,” she wrote in a February 7 order. Plaintiffs are cautioned that any future conduct tacitly threatening the Court, attempting to create or fabricating a situation that would suggest denial or exercise to advantage or other litigation tactics will not are tolerated and may result in a hearing and disciplinary action.”
Churchill Downs will certainly respond to a refusal offer unless Jennings acts first on one of the two options the file presents to her. She can refuse the denial petition and make a judgment accepting or denying Baffert’s motion for a preliminary restraining order, or she can refuse.
In general, judges withdraw from litigation if continuing the case would be morally inappropriate or create an immodest appearance.
According to the petition, “Judge Jennings failed to disclose that she received marital income from the lobbying efforts of her husband, Patrick Jennings, a lobbyist for The Jockey Club. Such facts… would clearly lead a reasonable person to believe the judge has a personal bias against the moving party (Baffert).”
The denial says The Jockey Club filed a brief against Baffert after he was suspended by the New York Racing Association and challenged the suspension in federal court; That BloodHorse, which is partly owned by The Jockey Club, was “a constant source of negative articles about Mr. Baffert to incite public opinion against him;” and CDI Chairman Alex Rankin is the manager of The Jockey Club. Rankin is also a defendant in the lawsuit.
Baffert first learned of the link between Patrick Jennings and The Jockey Club on February 8, according to the petition. It alleges, “In April 2022, Mr. Jennings’ company acquired a new client: The Jockey Club. In 2022, The Jockey Club paid Mr. Jennings and his associates $50,750.00 . Because of his lobbying efforts on behalf of The Jockey Club as a legislative agent, Mr. Jennings is said to have earned $34,256.25 in fees in 2022.”
Under the rules applied to this year’s Derby, horses in the care of a trainer suspended by the CDI must be moved to a new stable unrelated to the trainer’s activity by 28 February to qualify. qualifying conditions for the Derby match. There are only 18 days left for Baffert to receive a favorable ruling from Jennings — or some other judge on his preliminary injunction request — before the owners of the potential Kentucky Derby (G1) customers plan to move. horses for other trainers.
Alex Rankin Bob Baffert Churchill Downs Clark Brewster Horse Racing Club Kentucky Patrick Jennings Purebred racing Rebecca Grady Jennings Recommendations for reuse
