The legal team for coach Bob Baffert filed April 4 to withdraw an order to pursue a preliminary order related to his two-year ban from participating in races owned by Churchill Downs Inc.
Defense Attorney for CDI and CDI CEO William Carstanjen and CDI Board Chairman R. Alex Rankin, two executives also named in the two lawsuits, have indicated, according to the motion, no objections. for the withdrawal of the petition.
With Baffert starting April 4, the Kentucky Equestrian Commission imposed a 90-day suspension as part of the penalties for Medina Spirit tested positive for the corticosteroid betamethasone, immediate need for a ban “evaporated,” according to a petition filed with the United States Court for the Western District of Kentucky.
The essential element of the preliminary order request is that the alleged harm “must be certain and immediate.”
“Because Plaintiff can compete in the upcoming Kentucky Derby only if he can defeat two suspensions from both Respondent and KHRC, it was their advice that an immediate ban would justify preliminary command at this point is gone”, motion states.
Baffert will resume his business when the KHRC suspension ends on July 2, and only then will he know the impact CDI if any has on his training, according to the attorney. of the coach.
California was part of a reciprocity for the KHRC suspension that forced Baffert to disband his training stables and his horses were turned over to other trainers.
“Owners will be faced with the decision of whether to resume a business relationship with Plaintiffs, as the horses only have one chance to run in legendary races like the Kentucky Derby,” motion Write. “The actual situation is evolving, flexible, and has not been briefly presented. Because of that uncertainty, the full impact that Respondent’s conduct will have on Plaintiff’s business as Plaintiff is a being allowed to continue in business is too speculative at this point.in favor of a preliminary order and the clarity needed to support a preliminary order may not take effect until after the date of the hearing on April 15 or the upcoming Kentucky Derby Otherwise, there is more than a year left before Defendant’s suspension expires.
“Considering that a motion for a preliminary order has not yet been filed with the Court until the conclusion of the hearing, Plaintiff respectfully requests to withdraw its Motion for the Preliminary Order without prejudice to the resubmit at a later date if necessary and as facts develop, and for hearing date, “the petition continues.
Baffert’s attorneys reaffirmed in the motion that the likelihood that Baffert would succeed in the case based on its merits was high.
The Kentucky Court of Appeals denied Baffert’s request for emergency relief when he was suspended on April 1, and an appeal to the Franklin County Court’s order denying judicial relief is still pending before the Court of Appeals. .
