A Kentucky Court of Appeals judge denied an emergency motion to allow the Arkansas Derby (G1) winner Muth entered the Kentucky Derby (G1) in the order described on the court’s online docket after regular business hours on April 24.
The order stayed the judgment entered April 18 in Jefferson Circuit Court in Louisville, Ky., denying a motion for a temporary restraining order sought by Zedan Racing against Churchill Downs Inc. Zedan filed a request for emergency relief with the Court of Appeals the next day.
The text of the Court of Appeals order was not available at the time this story was published. The court’s website only posted a notice that an order denying Zedan’s emergency motion had been issued. This story may have been updated on April 25.
The state’s rules of civil procedure say motions for reconsideration of today’s order are not allowed. Zedan’s only path to relief is another emergency motion in the Kentucky Supreme Court, and logistics make that path unlikely.
Muth is settled in Santa Anita Parkand the time it takes for Kentucky Derby horses to arrive Churchill Downs is April 27 at 11 a.m. ET, leaving just two business days to complete any further legal proceedings. Muth is scheduled to run in the Preakness Stakes (G1) on May 18.
