Baffert Files to Withdraw Legal Action Against CDI

The legal team for trainer Bob Baffert filed a motion April 4 to withdraw its pursuit of a preliminary injunction related to his two-year ban from participation in racetracks owned by Churchill Downs Inc.

Defense counsel for CDI and CDI CEO William Carstanjen and CDI board chairman R. Alex Rankin, the two executives also named in the two lawsuit, have indicated, according to the motion, no objection to it being withdrawn.

With Baffert starting April 4 a 90-day suspension levied by the Kentucky Horse Racing Commission as part of the penalties for Medina Spirit  having tested positive for the corticosteroid betamethasone, the immediate need for the injunction has "evaporated," according to the motion that was filed with the U.S. District Court Western District of Kentucky.

A necessary element of a preliminary injunction request is that the alleged harm "must be both certain and immediate."

"Because Plaintiffs could compete in the upcoming Kentucky Derby only if he could defeat the twin suspensions from both the Defendants and the KHRC, it is their counsels' judgment that the immediate exigency that would justify a preliminary injunction at this juncture has evaporated," the motion states.

Baffert will resume his business operation when the KHRC suspension ends July 2 and only then will he learn what impact, if any, the actions taken by CDI might have on his training operation, according to the trainer's attorneys.

California as part of reciprocity for the KHRC suspension forced Baffert to disband his training stable and his horses were moved to other trainers.

"Owners will face the decision whether to resume their business relationships with Plaintiffs, considering that horses have only one opportunity to run in legendary races like the Kentucky Derby," the motion states. "The factual situation is evolving, fluid, and has not been briefed. In light of that uncertainty, the full impact that Defendants' conduct will have on Plaintiffs' business operations when Plaintiffs are permitted to resume business operations is too speculative at this time to support a preliminary injunction, and the needed clarity to support a preliminary injunction will likely not be had until well after the hearing date of April 15 or the upcoming Kentucky Derby. On the other hand, more than a year remains before Defendants' suspension expires.

"Considering that the motion for a preliminary injunction is not yet submitted to the Court until the conclusion of the hearing, Plaintiffs respectfully request to withdraw their Motion for a Preliminary Injunction without prejudice to refiling at a later date if necessary and as the factual situation develops, and to strike the hearing date," the motion continued.

Baffert's attorneys reassert in the motion that the likelihood of Baffert's success in the case based on its merits were strong.

The Kentucky Court of Appeals denied Baffert's request for emergency relief on his suspension April 1 and an appeal of a Franklin County Circuit Court order denying judicial relief is still pending before the Court of Appeals.