NYRA Says Baffert's Demand for Fees Premature, Too High

The New York Racing Association has submitted a response to trainer Bob Baffert's demand for about $162,000 in attorney and paralegal fees and expenses, claiming the motion was "premature" and the request is "disproportionately high."

The Sept. 27 filing with the United States District Court Eastern District of New York involves a July case in which Baffert was granted an injunction by the court, lifting NYRA's temporary suspension of Baffert that went into effect May 17. Baffert later sought $162,086.31 in fees and expenses.

NYRA's spring action followed Baffert trainee Medina Spirit  testing positive following the May 1 Kentucky Derby Presented by Woodford Reserve (G1) at Churchill Downs for betamethasone. 

In its motion to deny, NYRA claimed the request was premature because there has yet to be a final determination of the matter and says it should be decided after the conclusion of the entire action. NYRA also said special circumstances make the awarding of fees unwarranted.

In the event of the court ruling in Baffert's favor, NYRA said the amount of the award should be reduced because the requested fees exceed the Eastern District's prevailing rate.

While this filing involves the July court case, Baffert and NYRA will meet in the same court Oct. 5 over Baffert's objection to NYRA's establishing new protocols and procedures for hearings and its announcement of hearings for Baffert and trainer Marcus Vitali that could lead to either or both being barred from racing at NYRA tracks.