An Oct. 5 court date in Brooklyn for oral arguments before U.S. District Court Judge Carol Bagley Amon has been scheduled for trainer Bob Baffert's motion to hold the New York Racing Association in contempt for its latest attempt to suspend him.
Baffert's attorneys filed a motion Sept. 22 with the U.S. District Court Eastern District of New York seeking to stop NYRA from pursuing what they called an "unlawful suspension."
NYRA has until Sept. 29 to respond in writing to Baffert's motion.
Baffert originally received a temporary suspension by NYRA in May, barring him from racing at its three tracks, after two blood tests revealed the Baffert-trained Medina Spirit won the Kentucky Derby Presented by Woodford Reserve (G1) with the corticosteroid betamethasone in his system. NYRA's actions were also sparked by Baffert's four other drug violations in the previous year and "other related information."
Baffert took NYRA to court over the ban and Amon ruled in his favor July 14, citing a lack of due process in NYRA's actions. In response, NYRA announced new hearing rules and procedures Sept. 10 and set dates for pre-hearing scheduling conferences for Baffert and trainer Marcus Vitali, leading to Baffert's motion for contempt.
In that motion, Baffert's attorneys contend that "NYRA's actions plainly circumvent the letter and spirit of the court's order enjoining it from any further action."
The pre-hearing scheduling conferences for Baffert and Vitali in front of the designated hearing officers were originally scheduled for late September but have been moved to Oct. 11 for Baffert and Oct. 13 for Vitali. At that time, the dates for the actual evidentiary hearings will be determined.
While all of this is unfolding in New York, the Kentucky Horse Racing Commission has yet to make a final ruling on the order of finish in the Kentucky Derby or a suspension for Baffert, pending the results of a third blood test.
In addition to his legal issues in New York, Churchill Downs Inc. suspended Baffert from June 2 through the 2023 spring meet at Churchill Downs. In addition, beginning Sept. 30 Kentucky Derby qualifying points will not be awarded to horses trained by individuals such as Baffert who are suspended from the 2022 Kentucky Derby.
Baffert has yet to file legal actions against CDI over either ban.
Vitali has a long list of violations and suspensions and did not have a starter from July 21, 2019, until Jan. 4, 2021. During his career, he was suspended for 365 days in 2019 by the Delaware Thoroughbred Racing Commission for impeding an investigation. In 2016, he gave up his trainer's license in Florida while facing penalties for seven medication violations, though he later accepted a 120-day suspension.
Vitali has won with 14 of his 90 starters through Sept. 22 at various tracks in 2021. He is currently racing primarily at Presque Isle Downs and Finger Lakes.
In a career that dates back to 1989, he has sent out 5,725 starters with 902 wins and $14,874,338 in earnings.
