More than a year after the federal court in New Jersey fully informed the motion to dismiss the lawsuit filed by disgruntled bettors against coach Bob Baffert, the matter was heard by the judge. ordered mediation.
“[I]It seems likely that mediation of this civil action will conserve resources and be in the best interest of the Court and the parties,” Judge Julien Xavier Neals wrote in a March 13 order. “In the interest of the court. of effective case management, Defendants’ motions to dismiss are hereby administratively terminated pending mediation.”
The lawsuit was filed in July 2021, about two months after the 2021 Kentucky Derby (G1) post-race test showed Medina spirit , the first finisher, tested positive for betamethasone. After the lawsuit was filed, the managers dismissed Medina Spirit. Appeal of the manager’s ruling is pending before the Kentucky Horse Racing Commission.
BloodHorse has contacted attorneys for both parties to the dispute via email. W. Craig Robertson III, Baffert’s lead attorney, pointed out that while they will comply with all court orders, a move to mediation will not be fruitful.
“This case is frivolous,” Robertson wrote. “It was frivolous on the day it was filed and it remains so to this day. No settlement offer was made or never will be. The case should be dismissed by the Court, if Involuntary.”
Plaintiffs’ attorney, Gary S. Graifman, did not respond to BloodHorse’s questions.
Calling Baffert the “Lance Armstrong of the horse racing world,” 30 plaintiffs including 2012 National Handicap Championship winner Michael Beychok argued that if Baffert had joined Medina Spirit, they would have won substantial bets in the match. Derby. Their case was based on Medina Spirit’s positive test results and Baffert’s repeated drug violations during the Derby, what they called Baffert’s alleged repeated violations of federal anti-fraud statutes. and state, along with common law and fair fraud claims.
Robertson suggested dismissing the cited Kentucky law stating disqualification had no effect on gambling bonuses after they were officially declared by the manager, that there was no other method of collecting losing race bets. allowed in Kentucky and argued that the plaintiffs’ claims were based on a presumptive race that did not include the Medina Spirit running ahead.
Baffert’s motion for dismissal was filed on November 15, 2021. The plaintiffs responded the following month, and Baffert’s response was released on January 12 of the following year.
Another case based on Medina Spirit’s drug positive was filed by bettors in March 2022 in federal court in Louisville, Ky. by Anthony Mattera and 17 others against Baffert and Churchill Downs. Churchill Downs and Baffert filed their dismissal request a year ago. The plaintiffs asked the court for permission to amend their claim six weeks later, which was opposed by the defendants. The final action in the case, regarding the amendment request, took place in August 2022.
