Attorneys for the New York Racing Affiliation filed an Oct. 25 response asking United States District Courtroom Decide Carol Amon Bagley to reject Bob Baffert’s Oct. 21 request to amend his criticism difficult the NYRA’s ongoing administrative continuing towards him.
NYRA’s response listed a number of causes for Decide Bagley Amon to disclaim Baffert’s request, beginning with a declare that it isn’t the suitable car for the Corridor of Fame coach to problem NYRA’s Jan. 24 listening to, which has not but resulted in any suspension of Baffert.
“As this Courtroom acknowledged throughout oral argument on Plaintiff’s unsuccessful movement to carry NYRA in contempt (on Oct. 5 earlier than Decide Bagley Amon), the executive continuing ‘is an entire new continuing’ for which Plaintiff might, upon its completion, search judicial overview in New York State court docket,” NYRA attorneys stated within the letter. “The Courtroom ought to deny plaintiff’s proposed movement to amend on this floor alone.”
NYRA’s letter additionally said the abstention doctrine set forth in Youthful v. Harris and its progeny preclude the adjudication in federal court docket of any new ‘1983’ declare (a civil rights lawsuit) difficult NYRA’s ongoing administrative proceedings. NYRA additionally argued that the due course of challenges Baffert seeks to boost are meritless, and hypothesis that NYRA created its Listening to Guidelines and Procedures to focus on him “is misguided” since it’s following the identical guidelines and procedures in scheduling a March 1 disciplinary listening to for coach Marcus Vitali.
Decide Bagley Amon will hear arguments from sides Nov. 16 earlier than delivering a ruling.
