Zedan's Apr. 11 legal response in Jefferson Circuit Court underscored the time-pressing need for a swift judicial response to Zedan's request for an injunction before the Apr. 27 deadline for all entered Derby horses to be on the grounds prior to the May 4 race. The next hearing in the case is Apr. 15.

Zedan articulated concerns that CDI's legal invocation of an Anti-SLAPP (Strategic Lawsuits Against Public Participation) statute was “not only meritless, but perverse.”

An Anti-SLAPP claims process might take months to legally unfold, and while it played out there would be a mandatory halting of all other legal proceedings, including Zedan's pending motion for the temporary injunction.

After Medina Spirit tested positive for betamethasone in the 2021 Derby, Baffert was banned from CDI's properties for two years. A federal judge in February 2023 denied Baffert a preliminary injunction that the Hall-of-Fame trainer had sought to be eligible to race in the Derby. Last July CDI extended the ban at least through 2024.

Zedan owns the GI Arkansas Derby winner Muth (Good Magic), who would be among the Derby favorites if allowed to race.

It is unclear if a ruling in favor of Zedan would allow other Baffert trainees owned by different entities to also participate in the Derby, or if any lifting of the ban would also permit Baffert's trainees to enter the GI Kentucky Oaks.

CDI's Apr. 8 motion to dismiss stated that “The demand for a last-minute judicial takeover of the world's most storied horse race…is baseless, outrageous and should be immediately rejected.”
Zedan's responded in the Apr. 11 filing: “CDI has given away the game at the outset. In purporting to uphold the right 'to petition and speak freely on issues of public interest,' CDI has discredited its sole gripe against Baffert: far from acting on any substantive concerns about the health or safety of horses, CDI admits its extended ban is based only on its dissatisfaction with Baffert supposedly 'pedd[ling] a false narrative,' i.e., uttering words, in public interviews, that displease CDI.”

In a different section of the filing, Zedan stated, “Observers to this point might have thought that CDI stands behind its ban-and CDI's professed concerns about an actual threat to 'integrity' and 'safety'-as reflecting hard, objective facts that CDI has diligently verified. But observers now know better. CDI has admitted to this Court that its banning of an all-time-great horse trainer was and is just a matter of CDI's casual, subjective opinion!”

Zedan's filing later continued: “CDI argues that Zedan suffers no serious detriment and that CDI gains no unfair advantage from any inconsistency, but the facts amply refute that. CDI's bait-and-switch tactics have cost Zedan millions of dollars in sunk costs while enabling CDI successfully to defend a two-year ban against legal challenge, only thereafter to extend the ban indefinitely.”

Baffert is not a party to the lawsuit filed by Zedan.

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“We are thrilled to welcome SAP as a signature partner of Churchill Downs and the Kentucky Derby,” said Bill Mudd, President and Chief Operating Officer of CDI. “SAP is a tremendous global brand that supports our vision to innovate and fuel growth across our businesses. We are excited to have SAP join our iconic brand at the 150th running of the Kentucky Derby on the first Saturday in May.”

The partnership also includes naming rights for the SAP Starting Gate Suites and designation as the presenting partner of the Kentucky Derby and Churchill Downs mobile applications.

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“I look forward to working together with the horsemen and women across all of CDI's properties and am dedicated to promoting and ensuring the well-being and safety of each of our equine and human athletes,” said Stead.

With over 16 years in equine veterinary medicine, Stead also was the owner and operator of his own veterinary practice, serving multiple California-based racetracks, including Santa Anita Park and Del Mar. During that period, his responsibilities ranged from conducting pre-race examinations, emergency triage and serving as the racing veterinary supervisor for 25,000 races, with over 200,000 starters.

Stead, who holds a Bachelor of Science Degree in Animal Science and a Doctorate in Veterinary Medicine from Colorado State University, has also been a member of the Breeders' Cup veterinary team for 14 of the last 15 years.

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The $2 million increase to the race highlights a record-setting, 50-race stakes schedule cumulatively worth $25.6 million for Churchill Downs' 2024 Spring Meet, which will be run over 43 dates from April 27-June 30/

The Derby purse structure was the subject of a Chris McGrath TDN interview with John Sikura, where he questioned the $3 million purse. The cause was later taken up by Mike Repole.

Prize money for the stakes schedule increased 25% or $5.1 million from last year's $20.5 million lineup which is due to historical horse racing. Prior to the debut of historical horse racing at CDI's Derby City Gaming in September 2018, that year's Spring Meet featured 32 stakes races worth $8.8 million. There are now 18 additional Spring Meet stakes, and prize money for horsemen in those events has grown 190% or by $16.8 million.

“These record purse increases are a symbol of the health of horse racing in Kentucky,” said Bill Carstanjen, CEO of Churchill Downs Incorporated. “Churchill Downs Incorporated's over $1 billion investment into live and historical horse racing in Kentucky over the last five years has meaningfully strengthened the entire Kentucky Derby Week and year-round racing program. It's important to acknowledge the state legislature for its commitment to working closely with private enterprise in a truly collaborative partnership to support the continued growth of Kentucky's signature industry.”

Thirty-eight of the 2024 Spring Meet stakes races received significant purse hikes, including $250,000 boosts to each of the following: the $1.5 million GI Kentucky Oaks; $1 million GI La Troienne S.; $1 million GI Churchill Downs S.; $1 million GI Derby City Distaff; and $750,000 GII Churchill Distaff Turf Mile. Each of the track's seven Grade I events, including the Old Forester Bourbon Turf Classic S. and Stephen Foster S., feature a minimum $1 million purse.

With a record $5 million in prize money now guaranteed for the Kentucky Derby, the winner will receive the event's highly sought-after gold trophy, a $3.1 million payday and possibly millions more as a stallion after retirement from racing. Also, $1 million will be awarded to the runner-up, $500,000 to third, $250,000 to fourth and $150,000 to fifth.

Previously, the Kentucky Derby purse had been worth $3 million since 2019, and was $2 million from 2005-18 and $1 million from 1996-2004.

“It is truly gratifying to view the steady growth of the Churchill Downs racing product and the entire Kentucky horse racing and breeding industry, which bettors around the world have embraced,” said Churchill Downs Racetrack President Mike Anderson. “Through the purses generated by the racing association and the Kentucky Thoroughbred Development Fund, Kentucky horsemen and horsewomen are reaping the benefits of Churchill Downs Incorporated's historic investment as we celebrate this year's milestone 150th Kentucky Derby.”

Pretty Mischievous | Horsephotos

At $1.5 million, the 1 1/8-mile Kentucky Oaks–the Derby's sister race staged one day prior on Friday, May 3–remains the nation's most lucrative race for 3-year-old fillies. It had been worth $1.25 million since 2019, and was $1 million from 2011-18 and $500,000 from 1996-2010.

All told, there will be a record 22 stakes races cumulatively worth $17.5 million staged over Kentucky Derby Week (April 27-May 7), including nine stakes totaling $10.8 million on Derby Day and seven totaling $5.3 million on Oaks Day.

Four races on Kentucky Derby Week will offer horses an entry and travel incentive to run in some of Europe's most prestigious races. The winner of the Old Forester Turf Classic will receive a berth to either the one-mile G1 Queen Anne S. or the 1 1/4-mile G1 Prince of Wales's S. at Royal Ascot in mid-June. Earlier on the Kentucky Derby Day program, the winner of the GII Twin Spires Turf Sprint will receive an entry to the G1 King's Charles III S. (formerly known as the King's Stand), also staged at Royal Ascot.

Three-year-old turf specialists in the GII American Turf and GII Edgewood S. can receive their entry to either the G1 Betfred Derby or G1 Betfred Oaks at Epsom Downs. The winner of the American Turf on Kentucky Derby Day will receive an entry and travel stipend to compete in the Betfred Derby while the winner of the Edgewood on Kentucky Oaks Day will receive the same benefits for the Betfred Oaks.

The first condition book of scheduled races is being finalized by Vice President of Racing Ben Huffman and is expected to be published in late January. More than $57 million in total prize money is expected to be offered during this year's Spring Meet (pending Kentucky Thoroughbred Development Fund final approval). Purses for maiden races will be $120,000 while allowance races will range from $127,000 to $141,000.

Spring Meet stall applications are due Friday, Mar. 1. Following its annual closure for wintertime renovations, the Churchill Downs stable area will reopen Tuesday, Mar. 19. The first day of training on the main dirt track will be Friday, Mar. 22.

For the second consecutive year, Churchill Downs Incorporated's nearby Trackside Louisville, which accommodates more than 500 horses, has remained open year-round for wintertime stabling and training for racing at Turfway Park in northern Kentucky.

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CDI will operate Race and Sports Books at its racetracks and Historical Racing Machine (HRM) facilities in Kentucky which include:

• Churchill Downs Racetrack: 15 sports betting kiosks, 168 sq. ft. video screen, 20 large format televisions;
• Derby City Gaming & Hotel: 15 sports betting kiosks, 300 sq. ft. video screen, 12 large format televisions;
• Ellis Park Racing & Gaming: 5 sports betting kiosks;
• Newport Racing & Gaming: 10 sports betting kiosks, 20 large format televisions;
• Oak Grove Racing, Gaming & Hotel: 20 sports betting kiosks, 300 sq. ft. video screen, 8 large format televisions;
• Turfway Park Racing & Gaming: 15 sports betting kiosks, 300 sq. ft. video screen, 16 large format televisions.

CDI's new sports betting kiosks will be located among existing bar and simulcast areas for guests to place wagers. Each of CDI's HRM venues will implement a “Bet & Jet” feature that offers guests designated parking spaces for 15 minutes in order to quickly and easily place their in-person sports wager.

“CDI is excited to bring our experience operating retail sports wagering experiences to Kentucky with many thanks to the Kentucky General Assembly, Governor Beshear, the KHRC and the Kentucky Public Protection Cabinet for their efforts in making this a reality,” said Bill Carstanjen, CEO of CDI,”

In addition to retail sports betting, the KHRC also approved temporary licenses for three online sports wagering service providers that will operate in partnership with CDI's racetracks: FanDuel, Penn Sports Interactive and Fanatics. Approved service providers can begin accepting online wagers on Thursday, Sept. 28.

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“The Jockey Club Suites are a core premium hospitality product,” said Churchill President Mike Anderson. “This renovation project will ensure existing and future suite holders are provided the entertainment experience Churchill Downs is known for and our guests have come to expect for Kentucky Derby Week and all other racing events.”

All 61 suites, common spaces, dining rooms, and restrooms located on the fourth, fifth, and sixth floors as part of the area are included in the renovation. Originally constructed in 2004, the Jockey Club Suites seat approximately 2,500 guests and also serve as a premium rentable space for special events throughout the year.

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Two of Joseph's horses, Parents Pride (Maclean's Music) and Chasing Artie (We Miss Artie)–both owned by Ken Ramsey–had died at Churchill during Derby week from sudden-death events. A total of 12 horses had passed away over a five-week span at Churchill, prompting the Louisville track to move the remainder of the meet to Ellis Park less than a month after the Derby.

The statement from CDI appears below in full:

“Churchill Downs Incorporated (“CDI”) announced today that trainer Saffie Joseph, Jr. will be permitted to enter horses in races and may apply for stall occupancy at all CDI-owned racetracks effective immediately. The decision follows the completion of an investigation by the Kentucky Horse Racing Commission (“KHRC”) and the release of necropsy reports of two of Joseph's horses that died suddenly in races at Churchill Downs.”

“We remain deeply concerned about the condition of Parents Pride and Chasing Artie that led to their sudden death,” said Bill Mudd, President and Chief Operating Officer of CDI. “However, given the details available to us as a result of the KHRC investigation, there is no basis to continue Joseph's suspension.”

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“Churchill Downs is pleased that the Court granted our Motion for Summary Judgement in the Civil Action brought against our company, CEO and Board Chairman by Bob Baffert, resolving in our favor the last remaining claim, just as the Court had ruled in our favor on all of his previous claims. While he may choose to file baseless appeals, this completes the seemingly endless, arduous and unnecessary litigation proceedings instigated by Mr. Baffert.

“Our actions to suspend Mr. Baffert following Medina's Spirit [Protonico]'s confirmed positive for a prohibited race-day substance, coupled with his extensive history of drug violations, was done in the best interest of protecting the integrity of horseracing. Now more than ever, participants and operators in this industry must individually and collectively assume responsibility to take every reasonable measure to protect our equine and human athletes and reject any practice that jeopardizes that mission.

“We are encouraged that the Horseracing Integrity and Safety Authority (HISA) Anti-Doping and Medication Control (ADMC) Program has gone into effect this month which will allow uniform rules to govern the industry and expedite both the testing and adjudication process which has historically created confounding delays and threatened the confidence and trust of our fans.

“As we stated when we suspended Mr. Baffert in June 2021, we reserve the right to extend his suspension and will communicate our decision at the conclusion of the initial two-year suspension period. This U.S. District Court ruling in our favor is a victory in our ongoing actions and steadfast commitment to protecting the safety of our equine and human athletes.”

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“The Court denied Plaintiffs motion for a preliminary injunction and dismissed Plaintiffs' claims for unlawful exclusion, unlawful conspiracy in restraint of trade, unlawful use of monopoly power, tortious interference with contractual relations, and tortious interference with prospective business relations,” wrote Judge Rebecca Jennings of United States District Court (Western District of Kentucky) in her May 24 order. “Defendants now move for summary judgment on Plaintiffs' only remaining claim–breach of due process.”

Back on Mar. 14, CDI had argued that, “Because Baffert's due process claim fails as a matter of law…the Court should grant Defendants summary judgment and dismiss Baffert's complaint in its entirety.”

Jennings wrote May 24 that CDI's suspension of Baffert from CDI-owned tracks and the 2022 and 2023 GI Kentucky Derbies did not “devalue” his training license in a manner that amounted to “an indirect deprivation of a property interest.”

“[Baffert's] license was not suspended or revoked by the issuing entity, meaning he must demonstrate an indirect loss in the value of his Kentucky trainer's license. For Plaintiffs to demonstrate that this indirect injury amounted to a violation of due process, they must prove that Baffert's license was rendered valueless…

“Here, the undisputed evidence demonstrates that Baffert's license is not valueless,” Jennings wrote. “While suspended from racing at CDI racetracks, Baffert conceded that he has 'raced horses all around the world with enormous success.'

“The Court cannot find that Baffert's Kentucky trainer's license was rendered valueless when he used it to win over $1 million racing horses in the Commonwealth [at Keeneland]….Therefore, Plaintiffs cannot demonstrate that they were deprived of a property interest–a necessary element of their due process claim,” Jennings wrote.

“Plaintiffs have failed to produce specific evidence creating a genuine issue of material fact that would allow a reasonable jury to find in their favor at trial,” Jennings wrote.

“Because Plaintiffs cannot prevail on the first element of their due process claim, the Court will not continue to examine additional arguments,” Jennings wrote.

CDI first imposed its ruling-off of Baffert in June 2021 because of a string of drug positives in horses Baffert trained, including two in CDI's most prominent races, the 2020 GI Kentucky Oaks and the 2021 Derby.

“Judgment is entered in favor of Defendants with respect to the claims brought in this matter,” Jennings wrote.

“This is a FINAL and APPEALABLE Judgment,” Jennings wrote. “The Clerk of Court is directed to strike this matter from the Court's active docket.”

Note: This is an updated version of a previously published story that contained an error describing the ruling. TDN regrets the mistake.

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Parents Pride (Maclean's Music) and Chasing Artie (We Miss Artie), both owned by Ken Ramsey and trained by Joseph, collapsed and died April 29 and May 2, respectively. Parents Pride was pulled up at the five-sixteenths pole during his race before collapsing, while Chasing Artie collapsed after returning to the unsaddling area after his race.

“Twenty days ago, the primary trainer for C2 Racing Stable, Saffie Joseph Jr., was indefinitely suspended by a racetrack operator and since this suspension, we have not been successful in obtaining the necessary answers from several racing jurisdictions or racetrack operators regarding future race nominations and race entries by Saffie Joseph, Jr.,” the statement posted on Twitter reads.

“Due to the lack of answers by jurisdictions and operators, they have made it very difficult to manage the remainder of White Abarrio's four-year-old campaign, thus requiring us to make a trainer change for the remainder of the year. This is definitely not our preference; however, we had two choices, remain with Saffie not knowing if our race nominations or entries would be accepted or make a trainer change so we can nominate White Abarrio to the Metropolitain Mile on June 10, 2023 and future races.

“The decision to make a trainer change is solely based on the ability to manage White Abarrio. We have the utmost confidence and trust in Saffie Joseph, Jr. and his team. We know from first-hand experience and being at the barn on almost a daily basis for the past year that he and his team deeply care for th e welfare and condition of the horses. In fact, we remain fully committed to Saffie and our twelve horses currently under his care will remain as we are very confident Saffie will be reinstated and fully vindicated in the near future.

“White Abarrio will arrive at Belmont Park this morning to his new trainer Richard Dutrow, Jr. to being preparing for the Metropolitan Mile on June 10, 2023.”

White Abarrio won a Gulfstream allowance/optional claiming race in his last start at Gulfstream on March 4, after running eighth in the GI Pegasus World Cup Invitational S., presented by Baccarat. The allowance win was his first since taking the GI Florida Derby in April, 2022.

C2 Racing Stable is owned by Clint and Mark Cornett.

Joseph was suspended indefinitely by Churchill on May 4, two days before the Kentucky Derby, and his entrant, Lord Miles (Curlin) was scratched. “Given the unexplained sudden deaths, we have reasonable concerns about the condition of his horses, and decided to suspend him indefinitely until details are analyzed and understood,” said Bill Mudd, President and Chief Operating Officer of CDI. “The safety of our equine and human athletes and integrity of our sport is our highest priority. We feel these measures are our duty and responsibility.”

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