Zedan is denied by an appeals court; Muth remains outside of the Kentucky Derby

Zedan Racing Stables' last-ditch request for an emergency injunction to get Grade 1 winner Muth into the Kentucky Derby 2024 was denied by the Kentucky Court of Appeals late on Wednesday afternoon. The court stated that suspended trainer Bob Baffert "is an indispensable party in this proceeding," despite the fact that he did not bring the lawsuit.

Judge Jeff Taylor refused a plea for emergency relief to enable Muth to be stabled at Churchill Downs in time for a deadline on Saturday morning, as well as Zedan's request to present an oral argument in an attempt to enter his Arkansas Derby winner in the May 4 Run for the Roses.

A representative for Churchill said on Wednesday night, "CDI is pleased with the Kentucky Court of Appeals’ Order issued today. We remain focused on the horses and connections who qualified to compete in this year’s Kentucky Derby, and we look forward to welcoming another champion into the history books as we celebrate the milestone 150th running of this extraordinary tradition."

The Court of Appeals reiterated a major factor that contributed to Amr Zedan's steady operation's defeat in Jefferson County Circuit Court last week, giving CDI yet another legal win. that it took so long to file its lawsuit, even though the main focus of it was Churchill Downs Inc.'s decision to extend Baffert's suspension last summer. The colt, Medina Spirit, owned by Zedan and trained by Baffert, was punished for failing a drug test, which ultimately resulted in the loss of his Kentucky Derby victory in 2021.

“The court does not reach the threshold issue of whether Zedan has suffered irreparable injury ... under the doctrine of laches (unreasonable wait to make a claim), Zedan’s inexplicable delay in seeking relief from the extension of Baffert’s ban by CDI precludes consideration of the emergency relief sought before this court,” Taylor wrote.

Zedan asserted that Churchill broke its word when it extended Baffert's two-year suspension by one and a half years following Medina Spirit's failing drug test during the Kentucky Derby in 2021. Zedan claimed to have spent almost $14 million on horses and to have reasonably anticipated that Baffert, who hasn't had a violation in almost three years, would gain CDI's favour again. Zedan filed a lawsuit after one of those horses, Muth, won the Arkansas Derby, claiming that Muth would have been eligible to compete in the Kentucky Derby as a result of the win.

Taylor stated in its 12-page ruling on Wednesday that one of the main reasons it decided in favour of CDI was "the absence of Baffert as a party to the proceedings." Granting emergency relief "would allow Baffert to circumvent CDI's ban without taking any legal action whatsoever," the court ruled, citing Churchill's rule prohibiting a banned trainer from entering a horse in the Kentucky Derby.

"Baffert is an indispensable party to this proceeding," declared Taylor. Without Baffert ever coming before this court, any action by this court to let Zedan to compete in the Derby with Baffert serving as his trainer would completely undermine CDI's decision to suspend Baffert. On the surface, that would be utterly unjust and unfair to CDI and the other owners whose horses have entered the Kentucky Derby in accordance with CDI regulations. We deny the extraordinary emergency relief that Baffert has requested since he is not in court to contest his suspension and is an essential participant in this action.

Zedan's request for interlocutory relief was also acknowledged in the refusal on Wednesday. According to the court's typical processes, the application "shall be assigned to a three-judge motion panel of the court." But that wasn't the purpose of the lawsuit. Rather, if the lawsuit is not dismissed, it will be included in the case's post-race proceedings well after the Kentucky Derby has taken place.

According to a spokesman, the Zedan legal team has not yet made any public comments that would lead to an attempt to file an additional appeal with the Kentucky Supreme Court.

Zedan may not be able to get what he truly wants from the Kentucky Supreme Court in this lifetime, if at all. Muth must arrive at Churchill Downs by Saturday at 11 a.m. EDT. The Kentucky Derby draw will take place eight and a half hours later. The $2 million colt is currently at Santa Anita, Baffert's stable in Southern California.