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One Step Forward, One Back in Baffert’s Derby-Driven Legal Odyssey

A federal judge on Thursday granted Bob Baffert the expedited preliminary injunction hearing the trainer is seeking in his fight to overturn a private-property ban by Churchill Downs, Inc. (CDI). But getting that hearing on the docket is only one step in a complicated, deadline-driven legal process in the Hall-of-Famer's long-shot quest to try to be able to saddle horses in the GI Kentucky Derby.

The just-assigned Apr. 15 date for the hearing in United States District Court (Western District of Kentucky, LouisvilleDivision) will come 22 days before the Derby.

But even if the federal judge ends up issuing an order that lifts CDI's two-year ban of Baffert over his repeated equine medication violations while that case gets heard in full, Baffert still faces a separate–and steep–legal hurdle in the form of an under-appeal 90-day suspension imposed by the Kentucky Horse Racing Commission (KHRC) because of a betamethasone positive in Medina Spirit, his now-deceased 2021 Derby winner.

Baffert is separately fighting that commission-level suspension in the Kentucky Court system, and Mar. 31 brought yet another technical twist to an already confusing plot.

The KHRC's Thursday filing in Kentucky's Court of Appeals was a motion to dismiss Baffert's appeal of a Franklin Circuit Court decision not to grant the trainer a stay or temporary injunction that would have kept the suspension and a $7,500 fine from going into effect while the KHRC's own appeals process plays out.

Here's a boiled-down sequence of what's transpired over the past six weeks in the KHRC case:

On Feb. 21, the KHRC issued Medina Spirit's dirty-test rulings against Baffert (the suspension and fine) and owner Amr Zedan (a DQ from the Derby and loss of purse winnings). Baffert and Zedan then appealed at the commission level; the appeal was granted, but on Feb. 25 a request for a stay of the penalties while the appeal played out was denied by the KHRC's executive director, Marc Guilfoil. So Baffert and Zedan took the matter to the Franklin court Feb. 28.

On Mar. 2, the Franklin judge said he would hold off on a full court hearing to decide the stay and/or injunction until after the full KHRC board had a chance to vote on the stay instead of just relying on the executive director's say-so.

On Mar. 4, the KHRC board voted 10-0 Mar. 4 to deny the stays of penalties in accordance with the decision Guilfoil had already made. Franklin Circuit Court then took up the hearing Mar. 17.

Then on Mar. 21, the Franklin judge denied the request to force the KHRC to impose any sort of stay, writing in an order that “A temporary injunction is an extraordinary remedy” that the court would not grant.

Baffert and Zedan then decided to kick the Franklin court's denial up to the higher Court of Appeals on Mar. 24.

Then, one day later, the Court of Appeals judge raised the issue of whether the underlying Franklin Court appeal originated in the correct venue in the first place. The question that judge wants answered drills down to whether or not the initial appeal of the KHRC's denial of a stay should have been heard in Jefferson County (where the Derby itself is run), Fayette County (where the KHRC's offices are headquartered), or Franklin County (where the Kentucky Public Protection Cabinet, the KHRC's parent organization, is housed).

Now, the Mar. 31 KHRC motion to dismiss asks another layer to the case by asserting that Baffert and Zedan's “failure to follow the proper procedures set forth in [state law] divested Franklin Circuit Court of jurisdiction over their appeal.”

In plain language, the “subject-matter jurisdiction” technicalitythat the KHRC raises has to do with the timing of when Baffert and Zedan filed their Franklin County appeal: It was after Guilfoil issued his no-stay determination via letter, but before the full KHRC board had voted to deny the stay. Failing to amend their filing to reflect that distinction makes Baffert and Zedan's complaint “defective,” the KHRC is arguing.

“A defective Complaint can cause a case to be dismissed for lack of subject matter jurisdiction,” the KHRC's motion to dismiss states.

“Movants' failure is more than form over substance,” the motion to dismiss states. “Movants have failed to properly place into the record the steps that are required by [state law]. Even their request for injunctive relief fails to mention the Commission's Final Order.”

Baffert's court fights are taking place against the backdrop of contingency plans that have involved transferring his Derby contenders to other trainers. This will allow those horses to try and earn qualifying points and enter the Derby in the event Baffert can't get judges to overturn both the CDI ban and also impose a stay on his KHRC suspension in time for the May 7 first leg of the Triple Crown.

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Cornett Brothers Back in a Big Way

HALLANDALE BEACH, FL–While C2 Racing Stable is in its infancy, its founders, brothers Clint and Mark Cornett are not new on the racing scene. In fact, Mark Cornett has worked as a racing manager and bloodstock agent for over 25 years and even put together the partnerships that owned champions Blind Luck and Dubai Majesty. He and Clint campaigned horses a decade ago under a different banner.

The Cornett brothers returned to the game just last year under their new moniker with the goal of running in the GI Kentucky Derby. That dream could come true if their colt White Abarrio (Race Day) runs well Saturday in the GI Curlin Florida Derby at Gulfstream.

“We have actually been in racing a while,” said Texas-based Clint Cornett, who was in Hallandale Beach to attend his colt's big race, as well as Wednesday's Fasig-Tipton Gulfstream Sale. “We used to run under Turf Express in the early 2000s. In 2021, we decided to get back in the game and started C2 Racing Stable. We had been out of it since 2010.”

He continued, “I called Mark in the middle of 2021 and said let's get back in. I had a personal goal to run on the First Saturday in May and I told Mark to find us a horse. Little did I know, the second one we purchased is potentially going to be the horse.”

The Cornett brothers grew up in Texas and traveled to Louisiana to attend the races in their youth.

“Out of high school in the late eighties, we would head to Louisiana Downs from Dallas to watch the races,” Clint Cornett said. “It peaked our interest in becoming owners and we are pretty passionate about it.”

Their current stable is comprised of about 10 horses, most based at Gulfstream with Saffie Joseph, Jr. However, they do have a few at Oaklawn with Chris Hartman.

“Most of them are private purchases,” Clint Cornett said of their string. “We claim a few here and there and bought a filly [Wednesday] at the Gulfstream auction.”

That filly was Hip 83, a $250,000 daughter of the late Laoban. Consigned by Randy Bradshaw, she breezed in :10 1/5.

“Mark identified her and we were lucky enough to get her,” Clint Cornett said. “She will go to a training facility in Ocala until about August and then come back to the track.”

White Abarrio was one of the Cornett brothers' private purchases after he opened his account with a 6 3/4-length score at Gulfstream in his Sept. 24 debut, earning an 81 Beyer Speed Figure.

“Mark was at the track and saw him break his maiden at Gulfstream,” Clint Cornett said. “He called me and said, 'I just saw this horse run and I think we need to pull the trigger on him.' We talked to the owners and we were able to put together a private purchase. Luckily they were willing to sell.”

Part of the original ownership group, La Milagrosa, stayed in for a small piece and the colt was transferred to Joseph. He wired a one-mile optional claimer at Gulfstream in his first start for C2 Racing Stable Oct. 29 and finished third next out in the GII Kentucky Jockey Club S. at Churchill Downs Nov. 27.

“He won his first start for us at Gulfstream, then we shipped him up to Churchill to run in the Jockey Club because we wanted to get him a run over that track,” Clint Cornett said. “That was his first time going two turns as well. He did not have the cleanest of trips. He got in some trouble, but we were pleased with the effort. It showed us everything we needed to know going forward.”

White Abarrio called it a season after that effort and made his sophomore debut back in Hallandale Beach in the GIII Holy Bull S. Feb. 5. Dispatched at 6-1, the gray pressed the pace early and drew off to win by 4 1/2 lengths over next-out GII Fasig-Tipton Fountain of Youth S. victor Simplification (Not This Time), who also runs back here (video).

“He ran very well in the Holy Bull,” Clint Cornett said. “You have to have some racing luck and he got a clean trip. Prior to that race, he missed two works because he got ill, so we did not know how he was going to perform. He came out of that race well, but we decided to give him a few weeks off since he had been a little sick prior to the Holy Bull. We wanted to give his body time to recover. That is one reason we skipped the Fountain of Youth, but he has been training well into the Florida Derby.”

The businessman added, “He had a slight fever about a week and a half ago for a day or two, but that broke. He did a quick little blowout on Tuesday [3f in :34 4/5] for the race on Saturday.

Cornett said he is raring to go ahead of Saturday's big race and feels good about White Abarrio's chances.

“We feel pretty confident,” he said. “We feel he is a versatile horse with good tactile speed. We have Tyler [Gaffalione] aboard him and have all the confidence in Tyler that he will put him in a great position to be successful.”

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Final Kentucky Derby Future Wager Pushed to Next Week

The fifth and final pool of the Kentucky Derby Future Wager (KDFW), which was scheduled for Mar. 31-Apr. 2, will be delayed one week and now will run Thursday, Apr. 7 through Saturday, Apr. 9.

“Our future wager selection committee met Monday and wanted to use a few key horses within the top 23 betting interests, specifically the filly Secret Oath, who runs in Saturday's Arkansas Derby, and the runner-up in last weekend's UAE Derby, Summer Is Tomorrow,” said Darren Rogers, Churchill Downs' Senior Director of Communications and Media Services.

“Upon learning that a pivot to next week wasn't complicated from a technical standpoint, we reached out to the Kentucky Horse Racing Commission for approval to move Pool 5 to next week. We truly believe this is in the best interest of bettors to delay the wager by one week to allow a clearer picture after this weekend's Florida Derby, Arkansas Derby and Jeff Ruby Steaks, and to better understand the status of horses who intend to ship to Churchill Downs for Kentucky Derby 148.”

The field of 24 betting interests will be announced Tuesday. The three-day pool will run April 7-9 and close prior to the first Road to the Kentucky Derby Championship Series race that Saturday afternoon (time to be announced).

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Derby Fever Starting to Take Hold in Lukas Camp

Though Secret Oath (Arrogate) will meet males Saturday in the GI Arkansas Derby, Hall of Fame trainer Wayne Lukas has been saying all along that the main goal for her remains the GI Kentucky Oaks. That's starting to change.

“First of all, we have to assume she is going to run a top race in the Arkansas Derby,” Lukas said. “(Owner-breeder) Rob Mitchell and I were talking three weeks ago and he said he wanted to go in the Oaks. Since then, he's brought up the Derby two or three times. I think it's a 50-50 proposition. That Derby Fever runs deep. I'll do whatever they want.”

Lukas understands that there is nothing like running a horse in the Kentucky Derby, especially a top contender. Even a race as prestigious as the Kentucky Oaks doesn't compare.

“I've been there and done that,” he said. “I've had all the thrills. I've sang 'My Old Kentucky Home.' I've had the experience a number of times. I want to give the Mitchells that experience. I want them to do whatever they want to do. If they say we want to run in the Derby that's what we will do. Whatever way they lean, I will endorse it 100% and try to make it work.”

Lukas and Mitchell, who owns Secret Oath along with his wife Stacy, have laid the groundwork for a possible Derby start. Had they opted instead to run against 3-year-old fillies the same day in the GIII Fantasy S., they would not have been able to accrue any points for the Derby. After Secret Oath romped in the GIII Honeybee S., winning her third straight, the decision was made to test the water in the Arkansas Derby. On paper, it looks like a smart move. The males lining up for the race are not a particularly strong group and Secret Oath has been made the 5-2 morning-line favorite. Secret Oath is the only horse in the race to have run a Beyer figure in the nineties.

“There was a lot of discussion that went into this,” Lukas said. “The Fantasy, believe it or not, is a Grade III. Rob and Stacy Mitchell thought that if we were going to go for a Grade I, maybe this was the spot to try it. They think we are competitive with the colts, which we probably are. Secondly, it's $1.25 million for the Arkansas Derby versus $600,000 for the Fantasy. I let them make the decision. I told them their filly was in top shape right now and I had led them over there against the colts before and I would do it again with great confidence. But the Grade III versus the Grade I was the main thing that pushed us in that direction.”

More so than any other trainer in the sport, Lukas knows what buttons to push when it comes to running fillies against colts. He won the Kentucky Derby in 1988 with the filly Winning Colors, one of only three fillies to win the race, and he won the 1984 Arkansas Derby with the filly Althea. She came back to run 19th in the Derby. He's won Grade I stakes races against males with Lady's Secret and Serena's Song.

“We are so tradition bound in Thoroughbred racing,” he said. “Nobody changes anything. I came along in the seventies and we made some changes and we were criticized for it. Even for the white bridles. Tradition is real strong, even with the younger guys. But, with a filly, if you have the fastest horse, you're in the right situation, the horse is doing the best they can possibly be doing and you can analyze the field and say, 'look, we are as good as they are,' I have no problem leading them over there. The Kentucky Derby is a career-making race.”

Appearing on the TDN Writers' Room podcast, jockey Gary Stevens, who rode Winning Colors, said that Secret Oath might be better than the Hall of Fame filly. Lukas isn't ready to go there yet, but he has a ton of confidence in Secret Oath.

“She breaks their heart when she runs by horses,” he said. “She'll clock them for a little while, and then when Luis Contreras let's her go, she has an acceleration that is really special. Winning Colors has done a lot more. But she could be that type. I don't know if I'd rate her as high as Winning Colors just yet. But when we get a little further down the base paths, she could turn out to be that good.”

Throughout his career, Lukas has been the eternal optimist. But even he probably never thought he might get back to the Derby at age 86. He has not won the race since 1999 with Charismatic, and his last Derby starter was Bravazo (Awesome Again) in 2018.

“My wife tells me every day, boy, with the way that filly has been running, it has really picked your head up,” Lukas said. “I have a passion for the main event. I want to compete in them. At 86, I have a few things going for me. We have a really good filly and we have a pretty good colt too in Ethereal Road (Quality Road). I have an experience edge on these guys big time. There's no how-to book when it comes to winning the race. I have already having done it and that gives you an edge. I am enjoying it immensely.”

During a prolonged period where negative racing stories have dominated the headlines, the story of an 86-year-old icon winning the Kentucky Derby with a filly could help heal a lot of wounds. Can it happen? It looks like Wayne Lukas is willing to give it every chance.

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