Attorney William G. Gotimer Jr. analyzes latest court filings from The Jockey Club and NYRA in Baffert case. Complete with court filings
On Wednesday the New York Racing Association filed its Memorandum of Law opposing trainer Bob Baffert’s Motion for a Preliminary Injunction against NYRA’s action in barring the Hall of Fame trainer from entering horses in its races or stabling horses on its grounds. As expected, NYRA took umbrage at Baffert’s suggestion that NYRA was simply an extension of New York State and that its action constituted “State Action” which required Constitutional due process. NYRA’s attorneys pointed out that Baffert relied on a repealed and outdated version of the law establishing NYRA and that less than a majority of directors were appointed by elected officials.
NYRA noted that Baffert failed to avail himself of NYRA’s willingness to review the barring in light of any evidence Baffert might present. Additionally, NYRA pointed out that the action would not cause Baffert the requisite “irreparable injury” and that if the ban were deemed improper the trainer could be made whole through money damages. NYRA further contended that Baffert could not meet the second requirement for the issuance of a preliminary injunction namely, that he was “likely to succeed”. Lastly NYRA pointed to its well established historical right to bar entry to its facilities.
In addition the The Jockey Club filed an Amicus Curiae memorandum which contended that Baffert never identified, which, if any horses he intended to run at Belmont or Saratoga and provided an historical analysis of the limited starters he has had at Saratoga in recent years. A statistical analysis provided by the Jockey Club showed that Baffert trained horses running at NYRA tracks represented a low single digit percentage of all his starters undercutting his claim of irreparable harm due to NYRA’s ban.
William G. Gotimer, Jr.
NYRA response court filing
Jockey Club brief (2) filing
RETURN TO THE HOME PAGE OF SARATOGA-REPORT BY CLICKING HERE
