NYRA Asks Judge to Deny Changes in Baffert's Complaint

Attorneys for the New York Racing Association filed an Oct. 25 response asking United States District Court Judge Carol Bagley Amon to reject Bob Baffert's Oct. 21 request to amend his complaint challenging the NYRA's ongoing administrative proceeding against him.

NYRA's response listed several reasons for Judge Bagley Amon to deny Baffert's request, starting with a claim that it is not the appropriate vehicle for the Hall of Fame trainer to challenge NYRA's Jan. 24 hearing, which has not yet resulted in any suspension of Baffert.

"As this Court acknowledged during oral argument on Plaintiff's unsuccessful motion to hold NYRA in contempt (on Oct. 5 before Judge Bagley Amon), the administrative proceeding 'is a whole new proceeding' for which Plaintiff may, upon its completion, seek judicial review in New York State court," NYRA attorneys said in the letter. "The Court should deny plaintiff's proposed motion to amend on this ground alone."

NYRA's letter also stated the abstention doctrine set forth in Younger v. Harris and its progeny preclude the adjudication in federal court of any new '1983' claim (a civil rights lawsuit) challenging NYRA's ongoing administrative proceedings. NYRA also argued that the due process challenges Baffert seeks to raise are meritless, and speculation that NYRA created its Hearing Rules and Procedures to target him "is misguided" since it is following the same rules and procedures in scheduling a March 1 disciplinary hearing for trainer Marcus Vitali.

Judge Bagley Amon will hear arguments from both sides Nov. 16 before delivering a ruling.