Facing Extortion Allegations, Defendants in Defamation Lawsuit Contend ‘Baffert is the Rare Libel-Proof Plaintiff’

The two defendants facing allegations of civil extortion and defamation in a federal lawsuit initiated by trainer Bob Baffert and his incorporated racing stable are contending that the case should be dismissed because “Baffert is the rare, libel-proof plaintiff given his notorious history in the horse racing industry,” according to a discovery plan filed jointly by lawyers for all sides in United States District Court (Southern District of California) Jan. 2.

Baffert's legal team, however, is banking that dismissal won't happen, and it told the court in the same document that it is anticipating the case should be able to be brought before a jury a little more than a year after it was first initiated.

“This matter should be ready for trial approximately in November of 2024,” Baffert's counsel wrote in the joint discovery plan. “Plaintiffs estimate that between five and eight days will be needed for trial.”

Back on Sept. 27, Baffert filed a suit against two New Jersey residents, Justin Wunderler and Daniel DiCorcia, that asked for compensatory damages in excess of $75,000, plus an award of punitive damages “to deter similar conduct by Defendants and others” after purportedly suffering “mental anguish, anxiety, and duress Defendants have caused by virtue of their repeated threats to Baffert's business and family by means of their unlawful statements.”

The alleged extortion and defamation took the form of repeated social media postings.

Among them, according to Baffert's complaint, were postings written by Wunderler asking “his followers to bring dangerous objects to hurl at Baffert and his family” at the 2023 GI Belmont S., and another in which Wunderler posted “a picture of Baffert's house in California.”

As Baffert's complaint put it, “This lawsuit is the response to a series of escalating threats and criminal conduct by Defendants Justin Wunderler and Daniel DiCorcia against Plaintiffs Bob Baffert and his family. Over the past several months, Defendants have urged others to engage in violent behavior toward Baffert and his family, baselessly accused Baffert of criminal conduct, and attempted to extort Baffert and his family under threats to his business, reputation, and occupational license.”

Both defendants have denied the allegations and are seeking a dismissal of the case.

Wunderler, however, did not initially file a timely legal response after being served with his  summons.

On Dec. 4, one of Baffert's attorneys, Clark Brewster, asked the court to enter a default judgment against Wunderler for failing to respond.

Wunderler subsequently obtained a lawyer and an answer was filed Dec. 15. The judge denied the motion for default judgment on Dec. 19 and ordered the case to proceed.

Next up is an “early neutral evaluation” conference Jan. 8 that is designed to serve as a form of alternate dispute resolution, although neither party mentioned the likelihood of a settlement in the Jan. 2 joint filing.

Baffert's legal team, in Tuesday's joint plan, brought up some anticipated issues relating to discovery, allegedly because “One or more defendants in this matter have posted on social media regarding their intent to seek discovery on matters beyond the scope of the Complaint.”

Discovery is the formal legal process by which the parties in a case exchange information in advance about witnesses and evidence that each side intends to present.

The filing by Baffert's lawyers continued: “This case is about Defendants' allegations of blood doping, the use of EPO, and their conspiracy to extort Mr. Baffert. Inquiries outside of these topics will be irrelevant except to the extent necessary to resolve issues regarding Mr. Baffert's reputation.”

The defendants were given an opportunity in the joint filing to give their positions on the topic of anticipated discovery issues.

“DiCorcia has nothing to add and no response to the amorphous comment above,” the joint filing stated.

“Wunderler agrees to adhere to the scope and limits of discovery [and] will adhere to any Court order regarding discovery,” the joint filing stated.

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Baffert Wants One Defendant in Defamation Suit Ruled in Default for Not Answering Complaint

The federal lawsuit initiated by trainer Bob Baffert that alleges civil extortion and defamation by two social media posters has been ordered to proceed to an “early neutral evaluation” (ENE) conference Jan. 10 that is designed to save time and money as a form of alternate dispute resolution before the case can proceed any further.

However, subsequent to that Nov. 29 ENE order, Baffert's attorney, Clark Brewster, asked the United States District Court (Southern District of California) on Dec. 4 to enter a default judgment against one of the defendants for failing to file an answer to the complaint in a timely manner.

Back on Sept. 27, Baffert filed a suit that asked for compensatory damages in excess of $75,000, plus an award of punitive damages “to deter similar conduct by Defendants and others” after purportedly suffering “mental anguish, anxiety, and duress Defendants have caused by virtue of their repeated threats to Baffert's business and family by means of their unlawful statements.”

As Baffert's complaint put it, “This lawsuit is the response to a series of escalating threats and criminal conduct by Defendants Justin Wunderler and Daniel DiCorcia against Plaintiffs Bob Baffert and his family. Over the past several months, Defendants have urged others to engage in violent behavior toward Baffert and his family, baselessly accused Baffert of criminal conduct, and attempted to extort Baffert and his family under threats to his business, reputation, and occupational license.”

Baffert's complaint stated that Wunderler “resides in Waretown, New Jersey, and is a part-time pari-mutuel Thoroughbred racing bettor. Mr. Wunderler has a substantial social media presence and following under the pseudonym 'Swifthitter.'”

The complaint also stated that DiCorcia “resides in Point Pleasant, New Jersey, is a part-time pari-mutuel Thoroughbred racing bettor, and operates an apparel store called 'BarShoeLife' that sells racing-related apparel. Mr. DiCorcia also has a substantial social media presence and following under various pseudonyms related to that “Bar Shoe” handle.

Baffert's complaint alleged that “[T]his escalating pattern of outrageous behavior is specifically intended to accrue more followers and personal monetary gain. Before the [GI] Belmont S. in New York, Mr. Wunderler specifically asked his followers to bring dangerous objects to hurl at Baffert and his family. Shortly thereafter, Mr. Wunderler posted a picture of Baffert's house in California and claimed that he 'slaughters horses on National TV.'”

The complaint further alleged that, “Mr. Wunderler and Mr. DiCorcia engaged in a conspiracy to extort money from Baffert, sent a text message demanding a certain sum of money, with specific payment instructions for wiring money, in exchange for a promise not to release information Defendants allege is so damaging that it will end Baffert's career.”

DiCorcia, according to the court's docket, filed a timely, one-page response Nov. 28 that denied Baffert's allegations and asked for the claims to be dismissed.

Wunderler, however, did not file any response after being served, according to the motion filed Monday by Brewster on behalf of Baffert.

That motion cited Rule 55(a) of the Federal Rules of Civil Procedure, which states that a party can be found in default if they fail to plead or otherwise defend themselves from a party seeking relief via lawsuit.

The motion stated that Baffert “respectfully request[s] the Clerk to enter the default of Defendant Justin Wunderler for failure to plead or otherwise defend this action within the permitted time to respond.”

The motion attached an affidavit of service and stated Baffert's legal team made “several attempts” to serve Wunderler personally with the complaint at his residence.

“The individual served was Mr. Wunderler's mother, who confirmed that Mr. Wunderler lived at the residence,” Baffert's motion for default stated. “Plaintiffs also mailed copies of the Complaint and Summons through regular and certified mail to Mr. Wunderler. Through his various posts and discussions on the social media platform 'X,' formerly known as Twitter, Mr. Wunderler has confirmed that he is aware of the Complaint and has reviewed its contents.”

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Horseplayers Drop Owner Zedan From Medina Spirit Lawsuit

A class-action federal lawsuit filed by a group of horseplayers has voluntarily dismissed owner Amr Zedan's racing stable “without prejudice” on June 23, though trainer Bob Baffert and his racing stable remain as defendants, reports the Thoroughbred Daily News.

Filed in the U.S. District Court for the Central District of California on May 14, the suit claims bettors were denied winning bets on the Kentucky Derby in which Baffert trainee Medina Spirit finished first, but now is in jeopardy of being disqualified after Baffert revealed the horse failed a post-race drug test.

The suit was filed by 2012 National Horseplayers Championship winner Michael Beychok of Louisiana; Justin Wunderler of New Jersey (known on Twitter as frequent Baffert critic @SwiftHitter); Michael Meegan of New York; and Keith Mauer of California. They allege they were denied winning bets on the Kentucky Derby in amounts ranging from $100 to as much as $100,000 because of Baffert's “multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby” that the complaint said constitutes “racketeering activity” under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and laws of the state of California, where Baffert and his stable are based.

Read more at the Thoroughbred Daily News.

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Horseplayers Sue Baffert, Zedan Racing Over Medina Spirit Drug Test

Four horseplayers have filed a class-action lawsuit against trainer Bob Baffert and Medina Spirit's owner, Zedan Racing, over the results of the May 1 Kentucky Derby in which Medina Spirit finished first but now is in jeopardy of being disqualified after Baffert revealed the horse failed a post-race drug test.

The suit was filed in U.S. District Court for the Central District of California by 2012 National Horseplayers Championship winner Michael Beychok of Louisiana; Justin Wunderler of New Jersey (known on Twitter as frequent Baffert critic @SwiftHitter); Michael Meegan of New York; and Keith Mauer of California. They allege they were denied winning bets on the Kentucky Derby in amounts ranging from $100 to as much as $100,000 because of Baffert's “multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby” that the complaint said constitutes “racketeering activity” under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and laws of the state of California, where Baffert and his stable are based.

Their bets were placed on Mandaloun and other horses in various wagering pools, but were deemed losers when Medina Spirit crossed the wire first and was declared the “official” winner. Eight days after the Derby, Baffert revealed that the 3-year-old Protonico colt tested positive for the corticosteroid betamethasone and Churchill Downs issued a statement immediately suspending Baffert from racing at the Louisville, Ky., track while the matter is being investigated. While only stewards representing the Kentucky Horse Racing Commission may disqualify horses, the track's statement said Medina Spirit would be disqualified from his Derby win if a split sample confirms the presence of the drug.

The suit was also filed on behalf of “all others similarly situated,” more specifically, “All Kentucky Derby bettors who would have won their bets and winnings had Medina Spirit been properly prohibited from competing in the Kentucky Derby…or competed without the aid of an illegal drug.”

Betamethasone is a legal therapeutic medication used to treat various maladies in horses but its presence is not permitted at any level in post-race drug tests. Baffert first claimed the horse or test sample were contaminated with betamethasone and days later said the positive test may have been caused by a prescription ointment, Otomax, that includes betamethasone as an active ingredient. Baffert said the ointment was used to treat dermatitis after Medina Spirit raced in the Santa Anita Derby on April 3.

In addition to allegations that Baffert violated the federal RICO Act through an enterprise with Zedan Racing “engaged  in activities affecting interstate commerce,” the plaintiffs also claim they and the class members were defrauded by a “misrepresentation” by Baffert in November 2020 after a series of medication violations that he was retaining Dr. Michael Hore to “ensure rule compliance” for his stable. A news report  earlier this week claims that did not happen.

The plaintiffs are asking the suit to be certified by the court as a class action case and seeking damages that include monetary relief for attorney fees and other expenses, injunctive relief “enjoining the Baffert defendants from engaging in any further racketeering acts,” Imposition of “reasonable restrictions” on Baffert's future activities in Thoroughbred racing, payment to the plaintiffs and class members for money they would have won “but for the illegal doping of Medina Spirit,” plus treble and punitive damages.

Craig Robertson, attorney for Baffert, said the lawsuit was “completely frivolous and without legal merit.”

Read the complaint here

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