Baffert Attorneys Fight Dismissal, List Names of Owners

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Photo: Benoit Photo
Trainer Bob Baffert

Attorneys for Bob Baffert filed two letters with Judge Carol Bagley Amon July 9 in regards to  the Hall of Fame trainer's civil suit against the New York Racing Association that is slated to be heard July 12 in U.S. District Court Eastern District of New York.

On behalf of Baffert, attorney W. Craig Robertson III submitted a response to NYRA's request for a pre-motion conference in anticipation of NYRA moving to dismiss the case, which stems from NYRA's May 17 decision to sanction Baffert with a temporary suspension following the return of positive post-race drug tests on Kentucky Derby Presented by Woodford Reserve (G1) winner Medina Spirit  and a series of other positive drug tests for Baffert-trained horses.

Much of the information in the letter arguing against dismissal was also contained in a 44-page affidavit filed by Baffert's attorneys July 7.

Judge Amon is expected to rule on the motion to dismiss prior to the start of Monday's trial in Brooklyn.

In another letter, Robertson supplied information requested by Judge Amon during a July 8 teleconference regarding owners who removed horses from Baffert's care due to NYRA's suspension. In the affidavit, it stated that WinStar Farm president, CEO, and racing manager Elliott Walden transferred Country Grammer  and Life Is Good  from Baffert's barn so that they had the option of racing in New York, which was supported by quotes from Walden in Daily Racing Form and BloodHorse.

The affidavit also listed other unspecified owners as having taken horses from Baffert, and Judge Amon requested the names of those individuals by noon Friday. In response, the names sent to the court were Gavin Murphy of SF Bloodstock, Jack Wolf of Starlight Racing, Peter Fluor of Speedway Stable, Sol Kumin of Madaket Stables, and George Bolton. 

The names of the horses sent to different barns were not included in the letter.

Robertson has yet to reply to questions asking if Baffert will be in the courtroom Monday and will he be called upon to testify.