Umarov Receives Stay While Case is Decided

Franklin, Ky. Circuit Court Judge Phillip Shepherd on June 23 granted sanctioned owner-trainer Otabek Umarov a stay in his 10-year suspension until an administrative hearing is conducted or until the court can rule on a motion for a temporary injunction.

The stay will allow Umarov to train his horses until after the administrative appeal process is concluded. Although, in a separate action brought by Churchill Downs—not the KHRC—Umarov has been banned from the Louisville, Ky. track.

Umarov was suspended for 10 years by the Kentucky Horse Racing Commission after it determined he refused to allow out-of-competition testing on one of his horses, stakes winner Looks to Spare, April 30 at Churchill. The stewards issued a 10-year suspension and $10,000 fine for violations of out-of-competition testing rules and possession of hypodermic needles.

At the time a temporary injunction is considered, the Kentucky Horse Racing Commission—which suspended Umarov for 10 years last month—can file jurisdictional and dispositive motions. The KHRC also can bring motion to dissolve the restraining order under proper motion and notice to plaintiffs.

In issuing the restraining order, Judge Shepherd noted that the imposition of penalty before completion of the appeal process would inflict immediate and irreparable injury on the plaintiff. He noted that the commission would retain the ability to regulate Umarov’s conduct during this time.

The court also noted that in requesting the stay, Umarov’s attorney Justin Fowles raised a substantial factual question concerning whether non-compliance with KHRC directives were knowing defiance of an order by Umarov or the result of miscommunication. The court also said the plaintiff brought up a substantial legal question regarding the severity of the penalty.