NYRA v. Baffert Update by Saratoga Springs Attorney William G. Gotimer Jr.
Bob Baffert filed an impressive Reply Memorandum of Law in Support of its Motion for a preliminary injunction from the ban imposed by NYRA. Through his attorneys, Baffert asserted that he was afforded no opportunity for a hearing before his suspension and compared his treatment to that of NYRA trainers, Dick Dutrow, Linda Rice and Wayne Potts. They complained that even the food truck with the offensive name of “Wandering Dago” was afforded more courtesy. Baffert noted that NYRA and its current attorneys had argued to the courts in the past that NYRA is in fact a “state actor” – a designation they are vigorously denying in the current action.
Baffert further asserts that any common law property right of exclusion was extinguished when NYRA ceded the property rights to the State.
Numerous references were made to the indefinite length of the ban which is now 51 days and counting.
While Baffert asserts that the “irreparable harm” requirement necessary for him to prevail is completely satisfied by the deprivation of a Constitutional right he asserts that he has suffered actual irreparable harm already. As an example he states that WinStar Farms has taken all their horses from his barn and others are contemplating the same. In a statement that might offend Del Mar and Keenland Baffert declares that there is “no meet more prestigious than Saratoga.”
A hearing on July 12th will be the next action in the matter.
William G. Gotimer, Jr. Esq.
Saratoga Springs, NY 12866
(914) 299-3949
