A lawsuit filed by Zedan Racing Stables, which unsuccessfully sought an injunction allowing Muth to race in the Kentucky Derby (G1), will be dismissed as to all other relief sought in the litigation.
The case was filed in early April in Jefferson Circuit Court in Louisville, Ky., which denied Amr Zedan’s motion to force Muth’s participation in the Derby but denied Churchill Downs Inc.’s request that the case be dismissed in its totality. Among other relief, the lawsuit sought an injunction that would void an extended ban of Hall of Fame trainer Bob Baffert by CDI from all its tracks.
Churchill Downs appealed the denial of its motion to dismiss to the Kentucky Court of Appeals May 17. A joint motion filed with the appellate court by Zedan Racing Stables and Churchill Downs July 19 asked for the appeal to be dismissed. The joint motion recites, “In support thereof, Zedan has provided the Circuit Court with its Notice of Dismissal…of the underlying litigation. Accordingly, this Appeal is now moot.”
Baffert was originally ruled off by CDI June 2, 2021, and the ban was effective through the end of Churchill’s 2023 spring meeting. The move came on the heels of laboratory split-sample findings that 2021 Derby winner Medina Spirit tested positive for betamethasone, which is an unlawful medication on race day in Kentucky.
In the meantime, Kentucky stewards disqualified Medina Spirit and suspended Baffert for 90 days.
On July 3, 2023, CDI tacked on an extension of the ban through the end of 2024 and subsequently wrote the 2024 Kentucky Derby race conditions to say no horse trained by Baffert as of Jan. 29 could be entered.
Although he knew of the condition well ahead of Jan. 29, Zedan kept Muth in Baffert’s barn at Santa Anita Park. Zedan credits Baffert for much of his stable’s success.
Extended, complex, and unsuccessful litigation appealing the decision was pursued by Zedan and Baffert until the matter was abruptly dropped this past Jan. 22. CDI announced the same day the extension of Baffert’s ban would remain in effect. A terse statement said, “Today’s dismissal of appeal does not change the current suspension or deadline to transfer horses for the upcoming 150th Kentucky Derby.”
Zedan’s 85-page complaint filed in Jefferson Circuit Court argued that the extension of CDI’s Baffert ban was unlawful in its entirety and asked that it be dropped. In addition to seeking a way into the Derby for Muth, Zedan also asked for “monetary damages.” Those claims are now being dismissed “with prejudice,” meaning they cannot be asserted again.
A release from CDI at the time of the ban extension said the ban would be in effect through the end of 2024 and that the decision was made “based on continued concerns regarding the threat to the safety and integrity of racing (Baffert) poses to CDI-owned racetracks.”
BloodHorse contacted CDI, asking whether the dismissal of Zedan’s lawsuit would affect Baffert’s ban. Should CDI reply, this story will be updated.
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