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Baffert The Center Of Two More Civil Suits In Federal Court In Medina Spirit Case

Days after a group of four horseplayers filed suit against trainer Bob Baffert and Medina Spirit owner Zedan Racing over the expected disqualification of the horse from his Kentucky Derby win, Baffert has been named in two more similar federal lawsuits.

Both follow a similar premise to the May 13 civil suit filed by horseplayers Michael Beychok, Justin Wunderler, Michael Meegan and Keith Mauer. One was filed May 24 in U.S. District Court for the Central District of California by bettor Jeffrey Kaufman, who accuses Baffert and Zedan Racing of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act due to the presence of a regulated substance, betamethasone, Baffert said he was informed was detected on the horse's post-race tests. The drug has yet to be confirmed in split-sample tests. Kaufman's suit alleges that Baffert's history of drug positives establishes a pattern and that his assurances to the public in late 2020 that he intended to improve barn procedures was trusted by bettors.

Kaufman's suit is also designed to be a class action on behalf of other bettors on the Kentucky Derby “who would have won their bets and winnings had Medina spirit been properly prohibiting from competing in the Kentucky Derby on May 1, 2021, or competed without the aid of an illegal drug.”

Kaufman requests, among other things, court-imposed restrictions on Baffert's “future activities in Thoroughbred racing.”

The Kaufman suit accuses Baffert and Zedan of violating the RICO Act, common law fraud, and equitable fraud, and Baffert alone of conspiring to violate California laws against racketeering. Baffert and Zedan have not yet filed responses.

Read that complaint here.

Another horseplayer, Florida-based Anthony Mattera, filed suit against Baffert and Churchill Downs in Jefferson Circuit Court in Kentucky based on the Medina Spirit drug positive, but that case was removed to the U.S. District Court for the Western District of Kentucky. Mattera claims, based on Baffert's history of drug violations, Churchill Downs should have refused his entry of Medina Spirit into the race and also that the track could have implemented its own pre-race testing procedures. (The Kentucky Horse Racing Commission already conducts pre-race testing for the Kentucky Derby and Kentucky Oaks.) Mattera also claimed the track should not have calculated the payouts based on the results with Medina Spirit as the winner.

Mattera also seeks to have his lawsuit recognized as a class action. Mattera's suit alleges negligence on the part of Baffert and Churchill, and violation of the Kentucky Consumer Protection Act and unjust enrichment by Churchill. Mattera seeks to permanently enjoin Churchill from conducting racing until it meets a number of conditions to screen horses pre-race, settle wagers that change as the result of disqualifications, and publicly disclose medical records among other things. Baffert and Churchill have not yet filed responses.

Read that complaint here.

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Rombauer Retains Tops Spot In NTRA 3-Year-Old Poll

John and Diane Fradkin's Grade 1 Preakness Stakes winner Rombauer has retained the No. 1 ranking in the latest National Thoroughbred Racing Association Top Three-Year-Old Poll over last year's 2-year-old champion and Kentucky Derby fourth-place finisher Essential Quality. There were no changes in the order of the top 10 horses from last week.

Trained by Michael McCarthy, Rombauer, a bay son of Twirling Candy, received 12 first-place votes and 300 points. He is expected to start in the final jewel of the Triple Crown, the Grade 1 Belmont Stakes, on June 5. Godolphin's Essential Quality, the 5-2 Kentucky Derby favorite, also has 12 first-place votes, but is eight points shy of first place with 292 points. Mandaloun, also trained by Cox, is in third place with four first-place votes and 262 points. Owned by Godolphin, Mandaloun finished second in the Kentucky Derby. Roadrunner Racing, Boat Racing, Strauss Bros Racing and Gainesway Thoroughbreds' Hot Rod Charlie, third in the Kentucky Derby, is in fourth place. Trained by Doug O'Neill, Hot Rod Charlie has 221 points. Zedan Racing's Medina Spirit, third in the Preakness after winning the Kentucky Derby, is in fourth place. Trained by Bob Baffert, Medina Spirit has seven first-place votes and 210 points.

Winchell Thoroughbreds' Midnight Bourbon, second in the Preakness, is in sixth place. Trained by Steve Asmussen, Midnight Bourbon has 186 points. Shadwell Stable's undefeated bay filly, Malathaat, winner of the Grade 1 Longines Kentucky Oaks, is in seventh place. Trained by Todd Pletcher, Malathaat has 171 points. Kirk and Judy Robison's Jackie's Warrior remains in eighth place. Winner of the Grade 2 Pat Day Mile presented by LG&E and KU, Jackie's Warrior, trained by Asmussen, has 72 points. WinStar Farm and CHC's Life Is Good, off the Triple Crown trail due to injury, is in ninth place. Life Is Good has one first-place vote and 57 points. Hronis Racing and Talla Racing's Rock Your World, winner of the Grade 1 Runhappy Santa Anita Derby, rounds out the top 10 with 52 points.

Godolphin's 4-year-old Mystic Guide remains on top of the NTRA National Thoroughbred Poll for older horses. Winner of the Group 1 Dubai World Cup at Meydan on March 27, Mystic Guide returned to the work tab on May 19 with a 4-furlong breeze at Fair Hill in Maryland in preparation for a summer campaign. Trained by Mike Stidham, Mystic Guide received 31 first-place votes and 334 points. The 4-year-old Charlatan, runner-up in the Group 1 Saudi Cup, is in second place with one first-place vote and 219 points. Korea Racing Authority's Knicks Go, winner of the Grade 1 Pegasus World Cup, is now in third place. Trained by Cox, Knicks Go has two first-place votes and 218 points. Robert and Lawana Low's 4-year-old Colonel Liam (217 points), who finished in a dead heat for first with Domestic Spending in the Grade 1 Old Forester Bourbon Turf Classic Stakes at Churchill Downs, drops one spot to fourth place.

Places five through 10 in the poll remain the same as last week. My Racehorse, Spendthrift Farm LLC and Madaket Stables' Monomoy Girl, the reigning older dirt female Eclipse Award-winner, is in fifth place with 189 points. St. George Stable's 5-year-old mare Letruska (148 points), winner of Oaklawn's Grade 1 Grade Apple Blossom, is in sixth place. The 4-year-old Gamine (142 points), last year's champion female sprinter, has one first-place vote and 142 points, and is in seventh place. Godolphin's 4-year-old Maxfield, trained by Brendan Walsh, is in eighth place with one first-place vote and 141 points. The Cox-trained 4-year-old filly Shedaresthedevil (96 points), winner of Churchill's Grade 1 La Troienne Stakes, is in ninth place. Completing the top 10 is Klaravich Stable's 4-year-old Domestic Spending (55 points), for trainer Chad Brown.

The NTRA Top Thoroughbred polls are the sport's most comprehensive surveys of experts. Every week eligible journalists and broadcasters cast votes for their top 10 horses, with points awarded on a 10-9-8-7-6-5-4-3-2-1 basis. All horses that have raced in the U.S., are in training in the U.S., or are known to be pointing to a major event in the U.S. are eligible for the NTRA Top Thoroughbred Poll. Voting in the Top Three-Year-Old Thoroughbred Poll concludes following the Belmont Stakes on June 5 and the Top Thoroughbred Poll is scheduled to be conducted through Nov. 6.

The full results for the NTRA Thoroughbred Polls can be found on the NTRA website at: https://www.ntra.com/ntra-top-thoroughbred-poll-may-24-2021/

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California Horse Racing Board Will Not Suspend Baffert’s License Without Due Process

The California Horse Racing Board (CHRB) is aware of the situation surrounding Bob Baffert and the alleged positive relative to the Kentucky Derby.

Racetracks in Kentucky and New York have temporarily precluded Mr. Baffert from entering horses and/or using stalls. To date, the regulatory bodies in those two states – the Kentucky Horse Racing Commission and the New York State Gaming Commission – have not taken any action against Mr. Baffert's license. They face the same issue the CHRB does in that regulators cannot suspend or revoke occupational licenses without a hearing and due process. Should any regulatory body take action against any licensee, we would reciprocate that action in California.

Further, Noodles, a 2-year-old unraced colt in Mr. Baffert's care, suffered a non-racing or training-related death this weekend at Los Alamitos. That fatality will be posted on the CHRB website today, as is the practice, with the note: “Respiratory – Pneumonia (pending).” A necropsy will be performed and a fatality review conducted pursuant to the law and CHRB regulations.

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Courses Charted For Classic Runners-Up Mandaloun, Midnight Bourbon

Neither Mandaloun, second behind Medina Spirit in the Grade 1 Kentucky Derby, nor G1 Preakness runner-up Midnight Bourbon are bound for Belmont Park in Elmont, N.Y., on June 5 for the Belmont Stakes or undercard races.

Daily Racing Form reports that Juddmonte Farms' Mandaloun will be pointed by trainer Brad Cox toward the June 13 TVG.com Pegasus Stakes at Monmouth Park, a prep for the G1, $1-million Haskell Invitational at the Oceanport, N.J., track on July 17. Winner of the G2 Risen Star Stakes at Fair Grounds, the Into Mischief colt could wind up as the official Kentucky Derby winner if a split sample confirms the presence of a corticosteroid and stewards disqualify Medina Spirit from the victory.

Trained by Hall of Famer Steve Asmussen, Winchell Thoroughbreds' Midnight Bourbon, a son of Tiznow, finished sixth after a rough start in the Kentucky Derby and then second in the Preakness. Winchell Thoroughbreds racing and bloodstock advisor David Fiske said Midnight Bourbon could also wind up in the Haskell or in the G2, $600,000 Jim Dandy on July 30 at Saratoga.

Midnight Bourbon defeated Mandaloun winning the G3 Lecomte, then finished third behind that colt in the Risen Star.

“He came out of the Preakness great, but he may have put the groundskeepers out of a job he was eating so much grass,” Fiske told the New York Racing Association media office. “He shipped back to Churchill and has been jogging great. There aren't any big target races after the Belmont prior to the Jim Dandy or Haskell, so we'll focus on those races for now.”

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