By T. D. Thornton
In an try and rein in an already cumbersome litigation course of within the Bob Baffert vs. New York Racing Affiliation (NYRA) lawsuit, the federal decide in command of the case ordered Tuesday that the Corridor of Fame coach shall be allowed to amend his preliminary June 14 civil criticism that alleged NYRA violated his constitutional proper to due course of by attempting to bar him over his historical past of equine treatment violations.
Baffert’s need to amend his criticism stems from NYRA summoning him to a listening to again in September to adjudicate new “detrimental conduct” costs that NYRA levied in opposition to him.
Choose Carol Bagley Amon of United States District Courtroom (Japanese District of New York) informed each events in a telephonic courtroom convention Nov. 9 that if she did not enable Baffert to amend his criticism, it’s probably that he would merely file a brand new, separate lawsuit to get his allegations in regards to the exclusion listening to dominated upon in courtroom.
“I am taking a sensible method to this, which is I feel it is sensible to have the plaintiff file an amended criticism, including no matter new allegations that plaintiff intends to make,” Amon mentioned. “After which to have NYRA transfer in opposition to the amended criticism. I feel that is essentially the most expeditious option to deal with it and would require the least quantity of–or the least duplication of–effort.
“I perceive that NYRA would need to argue that [Baffert] should not file the criticism as a result of submitting it might be futile [in NYRA’s opinion],” Amon continued. “However fairly frankly, plaintiff may carry this as a brand new criticism if he have been so inclined and lift the costs that manner.”
The preliminary lawsuit was triggered by NYRA’s banishment of the seven-time GI Kentucky Derby-winning coach again on Could 17, which got here 16 days after the Baffert-trained Medina Spirit (Protonico) examined constructive for a betamethasone overage whereas profitable the Derby.
That case has nonetheless not resulted in any Kentucky ruling in opposition to Baffert. However within the 12 months previous to Medina Spirit’s constructive, 4 different Baffert trainees additionally examined constructive for treatment overages, two of them in Grade I stakes.
On July 14, the courtroom granted Baffert a preliminary injunction that allowed him to race at New York’s premier tracks till the lawsuit was adjudicated in full.
However Amon additionally wrote in that ruling 4 months in the past that “Baffert ought to have been given discover of the entire causes that NYRA supposed to droop him….[The] advantages of offering discover and a pre-suspension listening to would probably have been substantial.”
Within the wake of that courtroom choice, NYRA drafted a brand new set of procedures for holding hearings and issuing determinations designed to droop licensees who interact in injurious conduct.
After these guidelines have been made public, NYRA, on Sept. 10, wrote a letter summoning Baffert to seem at a videoconference listening to. That listening to date was pushed again, however his authorized group has subsequently participated in a scheduling convention that set the date for the listening to to begin Jan. 24, 2022.
W. Craig Robertson, the lead lawyer on Baffert’s authorized group, wrote in an Oct. 21 letter to the decide that, “The principles and procedures which NYRA has concocted for Baffert have been all created after the actual fact. Not one of the ‘guidelines’ which NYRA now seeks to implement have been in place on the time that Baffert engaged within the conduct which NYRA contends is improper.”
Legal professional Henry Greenberg, representing NYRA, fired again 4 days later with a response letter to the decide that said, “NYRA will oppose such movement as futile for a number of causes, together with as a result of Plaintiff’s proposed amendments will not be ripe given his failure to exhaust administrative treatments…and the meritless nature of the proposed amendments.”
Greenberg continued: “Plaintiff’s hypothesis that NYRA created its Listening to Guidelines and Procedures to focus on him is misguided on condition that NYRA is following these similar guidelines and procedures in prosecuting costs introduced in opposition to one other particular person [Marcus Vitali] NYRA seeks to exclude from its racetracks…. Plaintiff’s argument that he had no discover of the conduct prohibited by NYRA likewise fails on condition that frequent regulation has lengthy acknowledged the requirements and pursuits NYRA intends to uphold.”
Baffert should file his amended criticism by Nov. 19. NYRA has to file its movement to dismiss it by Dec. 3. The courtroom will hear arguments from either side Jan. 6, which shall be solely 18 days earlier than the beginning date for the NYRA exclusion listening to that Baffert does not need to occur.
