Baffert backs off 1 legal push to be eligible for Kentucky Derby

Attorneys for Bob Baffert asked to take back their legal push to make him eligible for the Kentucky Derby. A Monday filing from the trainer said that since he did not receive a break from his 90-day suspension issued by Kentucky’s stewards, there was no longer a need for immediate respite from his two-year ban at Churchill Downs Inc. tracks.

The filing was first reported by BloodHorse. 

“Defendants’ position appears to be that its two-year suspension is not contingent on the KHRC’s determinations as to the existence of a violation or the duration of a penalty,” Baffert’s filing said. “Thus, Mr. Baffert’s success with the KHRC proceedings or the completion of his suspension with that entity will not affect Defendants’ suspension.”

CDI levied the ban of Baffert in May, following the late Medina Spirit’s positive drug test for betamethasone after the 2021 Kentucky Derby. The trainer and his horses were also banned from earning points toward the 2022 and 2023 derbies.

Baffert sued CDI in February, seeking a preliminary injunction and a permanent injunction, forcing the company to allow him into the Derby. A hearing in the case had been scheduled for April 15, though that will also be vacated according to a proposed order filed Monday.

The filing noted Baffert could request a preliminary injunction again at a later date, after his 90-day Kentucky suspension ends.

“The full impact that (CDI’s) conduct will have on (Baffert’s) business operations when (Baffert is) 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,” the filing said. “On the other hand, more than a year remains before (CDI’s) suspension expires.”

According to the filing, attorneys for both Baffert and CDI met and the company’s lawyers have no objection to the withdrawal.

The entire motion to withdraw can be read below.