Thomas Wingate | Horse Racing Free Tips

Baffert, Zedan’s Motion for Emergency Stay Denied

Bob Baffert and Zedan Racing Stables' motion to stay Bob Baffert's suspension has been denied in Kentucky's Court of Appeals. The decision was filed Friday afternoon and signed by Allison Jones, Acting Chief Judge.

In accordance with the California Horse Racing Board regulations, signage was being removed from his barn at Santa Anita on Friday afternoon, and his suspension is scheduled to start Monday, Apr. 4.

“Tthe motion for emergency relief under CR 65 07(6) is DENIED,” writes Jones in her opinion. “The Court emphasizes that it makes no determination of the merits of Baffert's contentions of error The underlying motions for interlocutory relief along with any additional, dispositive motions shall be assigned to a three-Judge panel of this Court following expiration of the response time prov1ded in the Civil Rules.”

“In his Amended Complaint,” the document says, “Baffert asserted two causes of action against the Racing Commission; (1) an appeal of the Racing Commission's ruling denying him a stay pursuant to KRS 230 320(2)(f), and (2) a claim for injunctive relief pursuant to CR 65 04. Having carefully reviewed the record in conjunction with the applicable statutes and regulations, the Court concludes that the statutory right to appeal to circuit court pursuant to KRS 230 320(2)(f) provides an adequate remedy at law, such that equitable forms of relief, including the requested 1 7 emergency stay, are presently unavailable. There can be no irreparable injury where, as here, the General Assembly has provided adequate administrative remedies.”

This story will be updated.

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Judge Orders Specific Additional Testing Of Medina Spirit Split Sample

Judge Thomas Wingate issued a written decision on June 16 regarding plans for the remaining urine sample of Kentucky Derby first place finisher Medina Spirit, reports bloodhorse.com. The decision follows a June 11 hearing in Franklin County Circuit Court, in which Judge Wingate determined that the legal team for Medina Spirit's connections will be permitted to do extra testing on a urine sample (the “split sample”) taken from the colt after the Kentucky Derby and held by the Kentucky Horse Racing Commission.

The case is based on the finding of betamethasone in a post-race sample of Medina Spirit, collected immediately after the colt crossed the wire first in the Kentucky Derby.

Counsel for Medina Spirit's trainer Bob Baffert and owner Zedan Stables filed a civil suit against the Kentucky Horse Racing Commission last week demanding their right to test the split urine sample, which sat undisturbed in the commission's freezer. Remnants of the original biologic samples were initially sent to be tested for those ingredients, but they were reportedly damaged before arrival at the plaintiffs' choice of labs.

Judge Wingate ordered Wednesday that the remaining urine sample will be flown to the plaintiffs' choice of lab for testing, that two KHRC representatives travel with the sample, and that plaintiffs will fund the flight. Upon arrival, the KHRC will retain 5 milliliters of the sample, while the remainder will be tested for clotrimazole, gentamicin, and betamethasone valerate.

Those are the three active ingredients in Otomax, a topical cream which attorneys for Baffert and Zedan claim is behind the positive finding of betamethasone in Medina Spirit. Attorneys for Baffert and Zedan went to court to push for the the testing because they believe lab evidence backing up the presence of Otomax's ingredients would prove to be exculpatory or mitigating when Kentucky stewards eventually conduct a hearing on the case.

Jennifer Wolsing, general counsel for the KHRC, declined to speculate on whether a topical administration of betamethasone would require an exoneration in the case or whether it could be considered a “mitigating circumstance” with regards to penalty. She did point to the commission's drug classification guidelines, which make reference to betamethasone without specifying what route of administration would result in a Class C finding. The only question at hand for the June 11 proceeding, she asserted, was what was to be done about further testing of the remaining biological samples.

Judge Finds In Favor Of Kentucky Tracks, Commission In Lasix-Focused Civil Case

A judge in Kentucky has denied a motion for summary judgement by the Kentucky Horsemen's Benevolent and Protective Association (KHBPA) and granted a motion for summary judgement by the Kentucky Horse Racing Commission (KHRC), Keeneland, and Churchill Downs in a civil case focusing on furosemide administration. Franklin Circuit Court Judge Thomas Wingate entered his order Nov. 18 after both sides had requested he find in their favor.

Earlier this year, the KHBPA had brought suit against the KHRC and racetracks because it argued the tracks inappropriately created a house rule mirroring proposed changes to state regulation beginning a partial furosemide phaseout in the state. This year was set to be the first time Lasix administration would be pushed back to 24 hours pre-race for all 2-year-olds, but a new rule reflecting this had not completed the regulatory process before the first juvenile races of the year were carded. Churchill and Keeneland wrote race conditions reflecting the impending rule change, which the KHBPA said was beyond the scope of their authority. Moreover, it had argued, the KHRC should not have allowed the tracks to make rules regarding medication. The commission and tracks cited rule language they believed did give them that authority.

After rule language reflecting the 24-hour Lasix administration in 2-year-olds went into effect in August, Wingate ruled, the question became moot.

“The Court must again begin this Order by stating that it is not concerned with any scientific or humanitarian argument in favor of or against the use of Lasix in horses,” Wingate's order read. “This zealously debated topic is not the issue before the Court. Instead, the Court is merely addressing a legal challenge brought by the KHBPA regarding what it alleges is an improper delegation of statutory authority to associations, such as Keeneland and Churchill, by the KHRC.”

The KHBPA had also challenged plans to push back pre-race furosemide administration in stakes races in 2021. Wingate indicated any claims about the legality of that action were not yet “ripe” since stakes races for older horses have not yet been carded under these circumstances.

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Kentucky Judge Vacates Lasix Lawsuit Ruling

Franklin County Circuit Court Judge Thomas Wingate on Friday vacated his own ruling from June which dismissed a lawsuit filed by the Kentucky Horsemen’s Benevolent and Protective Association against Churchill Downs and Keeneland for implementing rules prohibiting the race-day use of Lasix in 2-year-olds, according to published reports. The KHBPA had sought a temporary injunction to prevent the rules from being implemented, but Wingate ruled June 1 that the organization lacked standing to bring the litigatation. In his Friday ruling, Wingate agreed with the KHBPA’s argument that it had not been given sufficient time to address the issue of its standing in the matter. His ruling paves the way for the lawsuit to continue with a date for oral arguments expected to be announced within the next 10 days.

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