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Bob Baffert’s attorney Craig Robertson will file a motion of contempt against the New York Racing Association (NYRA) and a motion to stay NYRA’s scheduled proceedings to again attempt to suspend Baffert, according to papers filed with Judge Carol Bagley Amon in the United States District Court, Eastern District of New York.
Robertson said he was requesting a pre-motion conference, pursuant to Section 3(A) of the court’s motion practices and rules.
“On July 14, 2021, this Court entered an Order enjoining NYRA from enforcing its suspension,” reads Robertson’s filing. “The Court directed that NYRA was enjoined `pending the final hearing and determination of this action.’ NYRA did not appeal the Court’s ruling. Since the injunction, Baffert raced thoroughbreds at Saratoga Race Course multiple times–and even won the prestigious Grade I Ballerina Stakes–without incident.” The letter argues that the Sept. 27 hearings NYRA scheduled for Baffert, announced by NYRA on Sept. 12 are “blatantly unlawful actions.”
“Despite these facts, in direct contravention of this Court’s Order, on September 10, 2021, NYRA sent Baffert another letter stating that it was instituting renewed proceedings to impose the exact same suspension which was enjoined,” Robertson’s filing reads. “The reasons set forth in NYRA’s September 10 letter for why it wants to suspend Baffert are the exact same ones set forth in its May 17 letter. The only thing different is that it appears that NYRA has concocted some procedures-apparently just for this case-in an attempt to retroactively install legitimacy to its blatantly unlawful actions. These “procedures” did not exist until NYRA created them out of whole cloth two months after the Court refused to allow it to arbitrarily suspend Baffert, and at least/our months after the conduct in question occurred.”
This story will be updated.