UPDATE: Another suit filed by scorned Kentucky Derby bettors

In addition to a federal suit filed in California on Friday, Bob Baffert is being sued in Kentucky, along with Churchill Downs Inc. by Anthony Mattera, a horseplayer who lost bets on the Kentucky Derby after Medina Spirit’s win on May 1.

The suit, filed in Jefferson County, Ky. on Friday, bashes CDI for a lack of a pre-race testing, claiming the company is responsible for the entry of Medina Spirit, who later tested positive for betamethasone and is facing disqualification pending a split-sample, putting CDI at fault for losses incurred by the plaintiff.

“If Defendant CDI had a system in place for requesting, receiving and testing split samples of specimens and receiving the results prior to races it conducts, including the 147th running of the Kentucky Derby, it would have discovered Medina Spirit’s ineligibility, resulting in his scratch from the race,” the suit reads. “Thus, allowing an ineligible horse to race is completely preventable.”

The lawsuit seeks damages in the form of payouts to Mattera’s Derby bets. In addition, it seeks to have the case maintained as a class action suit, representing all bettors who “placed pari-mutuel bets that would have been settled as winning bets but for Medina Spirit’s presence.”

It also took aim at Baffert, pointing out his various drug violations through the years and accusing him of negligence in the matter.

“The actions, inactions, failures and omissions of Defendants (Bob Baffert Racing Inc.) and Baffert as described herein constitute intentional, reckless, malicious, wanton, grossly negligent, oppressive and/or fraudulent conduct and exhibited a reckless disregard for Mr. Mattera, the Plaintiff Class and other bettors on 147th running of the Kentucky Derby,” the suit reads.

The full complaint can be read here.

Baffert and Zedan Racing Stables are also the subject of a class-action lawsuit accusing them of fraud. The suit was filed in federal court on Thursday by several horseplayers, including Michael Beychok, winner of the 2012 National Horseplayers Championship.  In a statement to Horse Racing Nation, Baffert’s attorney Craig Robertson pushed back against both lawsuits.

“Completely frivolous with zero legal merit,” Robertson said. "We will be promptly moving to dismiss.”

The class-action suit claims the plaintiffs would have won thousands of dollars had Medina Spirit, trained by Baffert and owned by Zedan Racing Stables, not won the race. The colt tested positive for betamethasone after the race, which could result in his disqualification and runner-up Mandaloun being named the Derby winner.

Such a change to the official order would not impact pari-mutuel payouts.

“The Baffert Defendants’ unlawful conduct directly injured Plaintiffs in their business and property,” the lawsuit, filed Friday in California Central District Court, reads. “Specifically, on May 1, 2021, Plaintiffs bet upon the horse that finished in second place behind the drugged horse, Medina Spirit, at the Kentucky Derby.”

Since Baffert’s admission that Medina Spirit had been treated with a cream containing betamethasone, the suit claims he knowingly entered a drugged horse in the Derby, making him at fault for the plaintiff’s losses.

It also makes the claim that Baffert has demonstrated a “pattern of racketeering activity,” with multiple drug violations in recent years. It points out previous positive tests from Justify and Gamine among others.

“Bettors were asked to assume that the Baffert Defendants had cleaned

up their act and would be taking every step possible to ensure the horses in their care would no longer be administered illegal drugs prior to racing,” the suit reads. “Bettors, including Plaintiffs and the Class, relied on these assurances from the Baffert Defendants."

Besides Beychok, Justin Wunderler, Michael Meegan and Keith Mauer are also listed as plaintiffs in the suit. Baffert and Zedan Racing Stables have 21 days to respond to the suit.

 The complaint can be read in its entirety below.