Baffert's desire to amend his complaint stems from NYRA summoning him to a hearing back in September to adjudicate new “detrimental conduct” charges that NYRA levied against him.

Judge Carol Bagley Amon of United States District Court (Eastern District of New York) told both parties in a telephonic court conference Nov. 9 that if she didn't allow Baffert to amend his complaint, it is likely that he would simply file a new, separate lawsuit to get his allegations about the exclusion hearing ruled upon in court.

“I'm taking a practical approach to this, which is I think it makes sense to have the plaintiff file an amended complaint, adding whatever new allegations that plaintiff intends to make,” Amon said. “And then to have NYRA move against the amended complaint. I think that's the most expeditious way to handle it and will require the least amount of–or the least duplication of–effort.

“I understand that NYRA would want to argue that [Baffert] shouldn't file the complaint because filing it would be futile [in NYRA's opinion],” Amon continued. “But quite frankly, plaintiff could bring this as a new complaint if he were so inclined and raise the charges that way.”

The initial lawsuit was triggered by NYRA's banishment of the seven-time GI Kentucky Derby-winning trainer back on May 17, which came 16 days after the Baffert-trained Medina Spirit (Protonico) tested positive for a betamethasone overage while winning the Derby.

That case has still not resulted in any Kentucky ruling against Baffert. But in the 12 months prior to Medina Spirit's positive, four other Baffert trainees also tested positive for medication overages, two of them in Grade I stakes.

On July 14, the court granted Baffert a preliminary injunction that allowed him to race at New York's premier tracks until the lawsuit was adjudicated in full.

But Amon also wrote in that ruling four months ago that “Baffert should have been given notice of all of the reasons that NYRA intended to suspend him….[The] benefits of providing notice and a pre-suspension hearing would likely have been substantial.”

In the wake of that court decision, NYRA drafted a new set of procedures for holding hearings and issuing determinations designed to suspend licensees who engage in injurious conduct.

After those rules were made public, NYRA, on Sept. 10, wrote a letter summoning Baffert to appear at a videoconference hearing. That hearing date was pushed back, but his legal team has subsequently participated in a scheduling conference that set the date for the hearing to commence Jan. 24, 2022.

W. Craig Robertson, the lead attorney on Baffert's legal team, wrote in an Oct. 21 letter to the judge that, “The rules and procedures which NYRA has concocted for Baffert were all created after the fact. None of the 'rules' which NYRA now seeks to enforce were in place at the time that Baffert engaged in the conduct which NYRA contends is improper.”

Attorney Henry Greenberg, representing NYRA, fired back four days later with a response letter to the judge that stated, “NYRA will oppose such motion as futile for multiple reasons, including because Plaintiff's proposed amendments are not ripe given his failure to exhaust administrative remedies…and the meritless nature of the proposed amendments.”

Greenberg continued: “Plaintiff's speculation that NYRA created its Hearing Rules and Procedures to target him is misguided given that NYRA is following these same rules and procedures in prosecuting charges brought against another individual [Marcus Vitali] NYRA seeks to exclude from its racetracks…. Plaintiff's argument that he had no notice of the conduct prohibited by NYRA likewise fails given that common law has long recognized the standards and interests NYRA intends to uphold.”

Baffert must file his amended complaint by Nov. 19. NYRA has to file its motion to dismiss it by Dec. 3. The court will hear arguments from both sides Jan. 6, which will be only 18 days before the start date for the NYRA exclusion hearing that Baffert doesn't want to happen.

The post Judge Will Allow Baffert to Amend Complaint vs. NYRA appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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NYRA issued a statement of charges against Baffert and fellow trainer Marcus Vitali on Sept. 10, and initially scheduled a hearing for Baffert to begin on Sept. 27. However, that hearing was delayed until Oct. 11 as Baffert's attorney requested additional time. Baffert was not expected to participate during Monday's meeting, because it was convened only to schedule future dates and deadlines.

NYRA had notified Baffert ahead of the Belmont Stakes that it was suspending his ability to enter horses in races or have stall space at its racetracks due to his recent history of medication violations (five over a one-year period), the conflicting statements he provided to media around the Medina Spirit scandal, and Churchill Downs' suspension of the trainer.

Judge Carol Bagley Amon of the Eastern District of New York determined that NYRA's suspension of Baffert should not have taken place without some sort of hearing allowing him to address the organization's accusations against him. Although NYRA was asserting its private property rights in the case, Amon said the organization is closely entwined enough with the state that its suspension of Baffert constituted a state action, thereby requiring due process.

The upcoming hearing process, laid out by NYRA in it's official statement on Sept. 10, is not expected to be brief. The hearing may last several days, and Sherwood is not required to issue his post-hearing report with recommendations within a specific period of time.

Once that report has been issued, a panel will review it and issue a final decision within 10 days.

Read more at the Daily Racing Form.

Here is an archive of stories about Baffert's legal battle with the New York Racing Association:

• May 16, 2021: Baffert Handed Temporary Suspension From NYRA Tracks
• June 14, 2021: Baffert Files New York Lawsuit Claiming NYRA Has No Legal Authority For Suspension
• June 23, 2021: Baffert Vs. NYRA: The Jockey Club Asks To Weigh In On 'Deleterious Effects Of Improper Drug Use'
• July 1, 2021: NYRA: Baffert Ban Necessary To Protect Horses, Riders And Ensure Integrity
• July 8, 2021: Baffert Attorneys: 'It Does Not Serve The Integrity Of Horse Racing To Suspend First And Ask Questions Later'
• July 9, 2021: Five Owners On The Verge Of Leaving Bob Baffert Over NYRA Ban, Legal Filing Reveals
• July 12, 2021: Judge Delays Ruling On Baffert's Lawsuit Against NYRA
• July 14, 2021: Baffert Prevails In Suit Over NYRA Suspension
• Sept. 10, 2021: NYRA Issues Statement Of Charges, Notice Of Hearing To Bob Baffert, Marcus Vitali
• Sept. 21, 2021: Baffert's Attorneys File Letter Protesting Planned NYRA Hearing
• Sept. 28, 2021: NYRA Calls Baffert's Attempt To Collect Legal Fees 'Premature'
• Sept. 30, 2021: NYRA: New Procedures Are 'Exactly' What Baffert Asked For, Hearing Pushed To Oct. 11
• Oct. 1, 2021: 'I've Learned Who My Friends Are': Baffert Opens Up For The First Time Since May
• Oct. 5, 2021: Baffert Loses Bid To Have NYRA Hearing Stayed

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

The post NYRA: Bob Baffert’s Hearing Scheduled To Begin Jan. 24 appeared first on Horse Racing News | Paulick Report.

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NYRA notified Baffert ahead of the Belmont Stakes that it was suspending his ability to enter horses in races or have stall space at its racetracks due to his recent history of medication violations (five over a one-year period), the conflicting statements he provided to media around the Medina Spirit scandal, and Churchill Downs' suspension of the trainer.

Judge Amon of the Eastern District of New York determined that NYRA's suspension of Baffert should not have taken place without some sort of hearing allowing him to address the organization's accusations against him. Although NYRA was asserting its private property rights in the case, Amon said the organization is closely entwined enough with the state that its suspension of Baffert constituted a state action, thereby requiring due process.

NYRA issued a statement of charges against Baffert and fellow trainer Marcus Vitali on Sept. 10, and scheduled a hearing for Baffert to begin on Sept. 27. However, that hearing was delayed until Oct. 11 as Baffert's attorney requested additional time. The trainer will not be participating on that date, because the first hearing will be about scheduling future dates and deadlines.

The Sept. 29 filing by NYRA reads: “Plaintiff moves to hold NYRA in contempt for providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction–notice and an opportunity to be heard.

“Plaintiff incorrectly asserts that the Notice of Hearing, Hearing Rules and Procedures, and Statement of Charges demonstrate that, 'NYRA's conduct is simply a repackaged version of the same action already enjoined. What the Hearing Rules and Procedures and Statement of Charges actually show is a substantially different process that is now in place, which was not afforded in connection with the May 17 suspension that the Court enjoined.”

“Plaintiff's speculation that NYRA created its Hearing Rules and Procedures to target him is incorrect,” the filing continued. “The Hearing Rules and Procedures are of general applicability and are designed to afford the process this Court deemed necessary in its Order.”

Read more at the Thoroughbred Daily News.

An archive of stories about Baffe

• May 16, 2021: Baffert Handed Temporary Suspension From NYRA Tracks
• June 14, 2021: Baffert Files New York Lawsuit Claiming NYRA Has No Legal Authority For Suspension
• June 23, 2021: Baffert Vs. NYRA: The Jockey Club Asks To Weigh In On 'Deleterious Effects Of Improper Drug Use'
• July 1, 2021: NYRA: Baffert Ban Necessary To Protect Horses, Riders And Ensure Integrity
• July 8, 2021: Baffert Attorneys: 'It Does Not Serve The Integrity Of Horse Racing To Suspend First And Ask Questions Later'
• July 9, 2021: Five Owners On The Verge Of Leaving Bob Baffert Over NYRA Ban, Legal Filing Reveals
• July 12, 2021: Judge Delays Ruling On Baffert's Lawsuit Against NYRA
• July 14, 2021: Baffert Prevails In Suit Over NYRA Suspension
• Sept. 10, 2021: NYRA Issues Statement Of Charges, Notice Of Hearing To Bob Baffert, Marcus Vitali
• Sept. 21, 2021: Baffert's Attorneys File Letter Protesting Planned NYRA Hearing

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

The post NYRA: New Procedures Are ‘Exactly’ What Baffert Asked For, Hearing Pushed To Oct. 11 appeared first on Horse Racing News | Paulick Report.

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Baffert had requested that the U.S. District Court (Eastern District of New York) order NYRA to pay his attorney's fees because he is the “prevailing party,” though he has only obtained a preliminary injunction to race at NYRA tracks.

NYRA's response argues that the $450 to $975 hourly fees Baffert's lawyers charge are “disproportionately high,” and that Baffert is attempting to take advantage of a legal provision which shouldn't apply. The provision is designed to “incentivize attorneys to represent individual civil rights plaintiffs that might otherwise be unrepresented,” according to NYRA.

“Plaintiff, the most prominent trainer in Thoroughbred racing, can afford to pay his lawyers and would have brought this action regardless of whether he could obtain an award of attorneys' fees,” NYRA wrote in the Sept. 27 filing in United States District Court (Eastern District of New York).

NYRA notified Baffert ahead of the Belmont Stakes that it was suspending his ability to enter horses in races or have stall space at its racetracks due to his recent history of medication violations (five over a one-year period), the conflicting statements he provided to media around the Medina Spirit scandal, and Churchill Downs' suspension of the trainer.

Judge Carol Bagley Amon of the Eastern District of New York determined that NYRA's suspension of Baffert should not have taken place without some sort of hearing allowing him to address the organization's accusations against him. Although NYRA was asserting its private property rights in the case, Amon said the organization is closely entwined enough with the state that its suspension of Baffert constituted a state action, thereby requiring due process.

NYRA has since issued a statement of charges against Baffert, and scheduled a hearing for the trainer to begin on Sept. 27.

Read more at the Thoroughbred Daily News.

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

The post NYRA Calls Baffert’s Attempt To Collect Legal Fees ‘Premature’ appeared first on Horse Racing News | Paulick Report.

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On July 14, Bagley Amon granted Baffert a preliminary injunction against NYRA that will allow him to race at New York's three major tracks, after they suspended him in May, pending the resolution of the case.

“Defendant NYRA is directed to respond by 9/29/21,” Bagley Amon wrote in a hand-written note on top of attorney Craig Robertson's letter advising his intent to file a motion to hold NYRA in contempt, filed Sept. 21, 2021. Bagley Amon ordered Robertson to file his motion by Sept. 22, and that motion was filed yesterday.

“Agreement on the motion will be held on 10/5/21 at 11:00 a.m.,” she wrote.

Wednesday, Baffert and Robertson filed a motion asking Bagley Amon to hold NYRA in civil contempt for trying to schedule a hearing under its newly created exclusionary procedures that could once again bar him from participating at NYRA's tracks.

The basis for the contempt allegation is NYRA's “failure to comply with the terms of the Court's July 14, 2021, Memorandum & Order enjoining it from enforcing its unlawful suspension of Baffert from New York racetracks.”

According to a Sept. 22 filing by Baffert's legal team, “NYRA seems to believe now that it can simply offer a sham hearing and get around the Court's ruling by creating rules after the fact.”

Baffert is seeking the court to issue an order “staying NYRA's renewed attempt to suspend him.”

The post Baffert-NYRA Arguments Scheduled for Oct. 5 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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NYRA notified Baffert ahead of the Belmont Stakes that it was suspending his ability to enter horses in races or have stall space at its racetracks due to his recent history of medication violations, the conflicting statements he provided to media around the Medina Spirit scandal, and Churchill Downs' suspension of the trainer.

Judge Carol Bagley Amon of the Eastern District of New York determined that NYRA's suspension of Baffert should not have taken place without some sort of hearing allowing him to address the organization's accusations against him. Although NYRA was asserting its private property rights in the case, Amon said the organization is closely entwined enough with the state that its suspension of Baffert constituted a state action, thereby requiring due process.

Gamine, a 4-year-old daughter of Into Mischief, is undefeated in three starts in 2021. She won the G3 Las Flores at Santa Anita on April 4, the G1 Derby City Distaff on May 1 at Churchill Downs, and the G2 Great Lady M Stakes at Los Alamitos on July 5. She has breezed twice at Del Mar since the Great Lady M victory.

The only blemish on Gamine's nine-race career is a ninth-place finish in the 2020 Kentucky Oaks, after which Baffert has kept the filly to sprint distances.

The Ballerina, contested over seven furlongs, is a “Win and You're In” race for the Breeders' Cup Filly & Mare Sprint this fall at Del Mar.

Read more at the Daily Racing Form.

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

The post With NYRA Ban Overturned, Baffert Plans To Enter Gamine At Saratoga appeared first on Horse Racing News | Paulick Report.

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The hearing came on the heels of a May 17 announcement from NYRA in which the racing organization said Baffert had been temporarily suspended, which meant he could not stable at the New York tracks or race there. The decision came shortly after Baffert announced that the Kentucky Horse Racing Commission had informed him that Medina Spirit (Protonico) had tested positive for Betamethasone following his win in the GI Kentucky Derby. Baffert's legal team has argued that the NYRA ban is causing him irreparable harm for a number of reasons, among them the fact that he currently cannot race at Saratoga, one of the premier meets in the sport. Saratoga opens Thursday, July 15.

While much of the discussion among the lawyers and the judge rehashed details already made public, there was at least one new development. To date, NYRA has not given Baffert a hearing. Its lawyer, Henry Greenberg, revealed that after an Aug. 11 board meeting, NYRA will announce the length and terms of Baffert's suspension. Baffert will not be allowed to testify at the board meeting, but will be given the opportunity to be heard if he decides to appeal should NYRA go forward with its suspension.

Baffert's lawyer, Craig Robertson said his client is hoping to run at least three horses in Saratoga, Gamine (Into Mischief) in the GI Ketel One Ballerina Aug. 28, Illumination (Medaglia d'Oro) in the GI Longines Test S. August 7 and Fenway (Into Mischief) in an unspecified race. He has also seen a handful of owners, among them WinStar Farm, take horses eligible for major races in Saratoga away from him.

Flanked by three lawyers, Baffert appeared in court, but was not called on to testify.

Among the Baffert team, Robertson was clearly in charge and pounded away at what have become common themes from the trainer's defense. Robertson argued that, by issuing a suspension without affording Baffert a hearing, NYRA had deprived him of his due process rights. He also alleged that, in the case of Baffert, NYRA does not have the legal right to exclude the trainer.

“NYRA jumped the gun and decided to be judge, jury and executioner and suspend him,” Robertson said. “It was a case of fire, ready, aim. They acted outside of their authority and they violated his constitutional right to due process. He has a trainer's license issued by the New York Gaming Commission and that is a constitutionally protected property interest which cannot be taken away without due process. And there has been zero due process.”

While Judge Amon was careful not to tip her hand, she did pepper Greenberg with questions about NYRA's failure to give Baffert a hearing. Greenberg said one of the reasons NYRA did not do so was because Baffert never asked for one.

“He has to ask for one?” she asked incredulously.

Noting the importance of the Saratoga meet and the number of important stakes races run there, Robertson said that Baffert would be subject to irreparable harm if not allowed to race there.

“The opportunity to participate [at Saratoga] is vitally important. “Saratoga is the premier race meet in the country. Saratoga is the crown jewel, and has 43 graded stakes races. These races come around only once a year and if he is denied the opportunity to participate in them, he cannot get back that opportunity. That is irreparable harm.”

Greenberg zeroed in on integrity issues and a need for NYRA to suspend someone who had not only the Derby positive but four others within the course of a year. He said Baffert has smeared some of the biggest events in the sport, mentioning not only Medina Spirit in the Derby, but another Betamethasone positive, with Gamine in the GI Kentucky Oaks.

“There's never been anyone else who has managed to smear the Kentucky Derby and the Kentucky Oaks and has had five violations within the span of a year,” Greenberg said. “That's what NYRA was presented with…He continues to race and all the while, the reputation of the sport suffers.”

Greenberg also attacked the way Baffert handled the dispute in its earliest days, which included an impromptu press conference at Churchill Downs and several media appearances in which he first maintained that Medina Spirit was never given Betamethasone. He later reversed course and said it likely got into the horse's system because it was an ingredient in an ointment used  to deal with a skin problem.

“He never accepted responsibility or said he was sorry,” Greenberg said. “In a 14-minute interview, he attacked regulators, their integrity and their credibility and he said the horse was never given Betamesthasone.”

Greenberg also attacked Baffert's clumsy assertion that the Medina Spirit positive and the ensuing uproar was a matter of “cancel culture.”

Baffert, Robertson and Greenberg all declined to comment afterward. So did NYRA President and CEO Dave O'Rourke, who was in attendance along with a cadre of NYRA officials.

The post Judge Delays Ruling in Baffert-NYRA Case appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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