Baffert, NYRA Continue Legal Tussle in Court Documents

The New York Racing Association and trainer Bob Baffert, embroiled in a lawsuit since last summer, filed more legal documents Dec. 10 as they battle over a disciplinary hearing NYRA seeks to give the Hall of Fame conditioner. A court date related to the latest arguments is Jan. 6 in the U.S. Eastern District of New York, according to a NYRA legal document.

At the disciplinary proceeding NYRA wishes to host, scheduled before hearing officer O. Peter Sherwood Jan. 24, NYRA seeks to present its case to sanction Baffert, with the trainer or his representatives also stating his case. In October, the hearing was authorized by U.S. District Court Judge Carol Bagley Amon, who previously tossed out NYRA's May 17 temporary suspension of Baffert in a July 14 ruling, citing a lack of due process. That cleared the way this summer for the trainer to begin sending horses from his California base to compete at Saratoga Race Course in upstate New York, mostly in stakes.

As a basis for initially suspending Baffert, NYRA previously cited the positive betamethasone test results from Medina Spirit in the Kentucky Derby Presented by Woodford Reserve (G1) and four other testing violations from other Baffert trainees in the year before the Derby. Only some of those resulted in sanctions against the trainer. No stewards' hearing in Kentucky related to the Derby has occurred, though one is expected soon.

Zedan Racing Stables' Medina Spirit , who died earlier this week of a suspected heart attack after a workout at Santa Anita Park, is at risk of disqualification by Kentucky stewards, and Baffert could be fined or suspended. Baffert and his legal team aim to avoid such action by introducing laboratory evidence that the betamethasone positive was caused by using an anti-fungal ointment containing betamethasone on the colt. The specific type of betamethasone in the cream differs from that in injections of the anti-inflammatory corticosteroid.

Acting as a track owner, this spring Churchill Downs Inc. barred Baffert from competition at its tracks through the middle of 2023.

In Friday's filings, Baffert attorneys Charles Michael, Clark Brewster, and Craig Robertson submitted their response in opposition to NYRA's Dec. 3 motion to dismiss the entirety of Baffert's complaint. They argue that "NYRA rushed to implement new (hearing) rules and procedures after the Court determined it violated Baffert's constitutional rights."

Further, they write that NYRA is attempting to "punish Baffert for past conduct that has already been investigated and adjudicated in other jurisdictions" and that NYRA is not tasked by the New York legislature to regulate.

They continue, "Because NYRA is attempting to address matters over which it has no territorial jurisdiction, it is acting without legal authority. Just because the Court previously remarked Baffert was 'not likely' to prevail on his claim that NYRA lacked the authority to suspend him does not mean that he cannot."

Henry Greenberg and Ann-Elizabeth Ostrager, attorneys for NYRA, in documents dated Dec. 3 write that the hearing will provide Baffert "every opportunity" to submit his defense, and "will not be complete until a Panel reviews the Hearing Officer's findings of fact and recommended disposition."