Baffert v. The New York Racing Association, Inc.
| Bob Baffert |
| The New York Racing Association, Inc. |
| The Jockey Club |
| 1:2021cv03329 |
| June 14, 2021 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Robert M Levy |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 29 Letter to Judge Amon Regarding Proposed Briefing Schedule by The New York Racing Association, Inc. (Greenberg, Henry) |
SCHEDULING ORDER: Defendant shall serve, but not file, its motion to dismiss no later than August 27, 2021. (See Court's Individual Rule 3.D ("No motion papers shall be filed until the motion is fully briefed.").) Plaintiff shall serve its opposition no later than September 27, 2021. Defendant shall serve its reply, if any, and all motion papers shall be filed no later than October 12, 2021. Oral argument on the motion will be held via telephone on November 16, 2021 at 2:00 p.m. before Judge Carol Bagley Amon. The parties are directed to call the toll free number 888-398-2342, no later than 1:50 p.m. on November 16, 2021, and enter the access code 1840743, followed by the pound key. These proceedings will be recorded by a court reporter. The attorneys are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8. Ordered by Judge Carol Bagley Amon on 7/22/2021. (Marks, Aaron)
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ORDER: On consent of the parties, Plaintiff's request for an extension of time to submit a fee application is GRANTED. Plaintiff's fee application shall be filed no later than August 27, 2021. Ordered by Judge Carol Bagley Amon on July 21, 2021. (Marks, Aaron)
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| Filing 28 MOTION for Extension of Time to File Motion for Award of Attorney Fees by Bob Baffert. (Robertson, William) |
| Filing 27 Letter re intention to move to dismiss Counts in Plaintiff's Complaint by The New York Racing Association, Inc. (Greenberg, Henry) |
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ORDER: The parties are directed to agree upon a briefing schedule for Defendant's anticipated motion to dismiss, and shall file their proposed schedule for the Court's approval no later than July 27, 2021. Ordered by Judge Carol Bagley Amon on July 20, 2021. (Marks, Aaron)
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Filing 26
MEMORANDUM AND ORDER granting #3 Motion for Preliminary Injunction: For these reasons, the motion for a preliminary injunction is GRANTED. The Defendant, The New York Racing Association, Inc. ("NYRA"), its officers, directors, employees, agents, and affiliates, and all other persons who receive actual notice of this Order by personal service or otherwise and who are acting in concert or participation with NYRA and/or its officers, directors, employees, agents, and affiliates, are enjoined, pending the final hearing and determination of this action, from enforcing the suspension of Baffert which NYRA issued by letter dated May 17, 2021. Ordered by Judge Carol Bagley Amon on 7/14/2021. (Fernandez, Erica)
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| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 12, 2021, before Judge Amon. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/4/2021. Redacted Transcript Deadline set for 8/16/2021. Release of Transcript Restriction set for 10/12/2021. (Heading, Charleane) |
| MINUTE ENTRY: Oral argument was heard on Plaintiff's motion for a preliminary injunction at 11:00am on July 12, 2021 before Judge Carol Bagley Amon. Appearances: For Plaintiff: William Craig Robertson, III, Esq.; Clark O. Brewster, Esq.; Charles A. Michael, Esq.; For Defendant: Henry M. Greenberg, Esq.; Ann-Elizabeth Ostrager, Esq.; Harry Frederick Murphy, Esq. The Court reserved decision on the motion. (Court Reporter Charleane Heading.) (Marks, Aaron) |
| Filing 24 Letter in Response to Motion for Pre-motion Conference by Bob Baffert (Robertson, William) |
| Filing 23 Letter to Hon. Judge Carol Bagley Amon by Bob Baffert (Robertson, William) |
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MINUTE ENTRY AND ORDER: A telephonic status conference was held before Judge Carol Bagley Amon at 2:30 p.m. on July 8, 2021. Appearances: For Plaintiff: William Craig Robertson, III, Esq.; Clark O. Brewster, Esq.; Charles A. Michael, Esq.; For Defendant: Henry M. Greenberg, Esq.; Ann-Elizabeth Ostrager, Esq.; Harry Frederick Murphy, Esq.As stated on the record, the oral motion to strike Plaintiff's reply affidavit was denied. By 12:00 p.m. EDT on July 9, 2021, Plaintiff shall provide to the Court and to the Defendant the identities of the "other owners" referred to in paragraph 13 of Plaintiff's reply affidavit. (ECF Docket Entry # 22-1 at 10.) Ordered by Judge Carol Bagley Amon on July 8, 2021. (Court Reporter Rivka Teich.) (Marks, Aaron)
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SCHEDULING ORDER: The dial-in information for today's 2:30 p.m. telephone conference is as follows. A telephone number and access code will be sent to counsel via e-mail. Counsel shall dial into that line by 2:20 p.m. A separate line for public listening will be available by dialing 888-398-2342 and entering the access code 1840743, followed by the pound key. These proceedings will be recorded by a court reporter. Callers are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8. Ordered by Judge Carol Bagley Amon on July 8, 2021. (Marks, Aaron)
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| Filing 22 REPLY in Support re #3 MOTION for Preliminary Injunction filed by Bob Baffert. (Attachments: #1 Reply Declaration of W. Craig Robertson, III) (Robertson, William) (Attachment 1 replaced due to corruption on 7/12/2021) (Lee, Tiffeny). |
| Filing 21 Letter to Hon. Judge Carol Bagley Amon by Bob Baffert (Robertson, William) |
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ORDER: By letter dated July 7, 2021, prior to the filing of the Plaintiff's reply brief, Plaintiff's counsel represented that the parties had agreed to limit the July 12, 2021 hearing to attorney argument, but inquired of the Court whether it required live testimony. That decision will depend in part on whether or not the factual assertions in Plaintiff's reply affidavit--and in particular those pertaining to irreparable harm--are contested. A telephone conference is scheduled for 2:30p.m. on July 8, 2021 to address the issue. A separate order containing dial-in information shall issue before the telephone conference. Ordered by Judge Carol Bagley Amon on July 7, 2021. (Marks, Aaron)
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| Filing 20 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14628836. by Bob Baffert. (Attachments: #1 Affidavit Clark O. Brewster, #2 Proposed Order Order) (Brewster, Clark) |
| Filing 19 Letter MOTION for pre motion conference , addressed to Hon. Carol Bagley Amon, by The New York Racing Association, Inc.. (Greenberg, Henry) |
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ORDER: Defendant has filed a request for a pre-motion conference. #19 The request shall be taken up at the hearing scheduled for July 12, 2021. Ordered by Judge Carol Bagley Amon on July 6, 2021. (Marks, Aaron)
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| Filing 18 RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by The New York Racing Association, Inc.. (Attachments: #1 Declaration of Henry M. Greenberg, #2 Affidavit of David T. O'Rourke, #3 Declaration of Professor Pierre-Louis Toutain, #4 Affirmation of Robert Williams) (Greenberg, Henry) |
| Filing 17 NOTICE by The Jockey Club Amicus Curiae Brief (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Read, Susan) |
| Filing 16 NOTICE of Appearance by Harry Frederick Murphy on behalf of The New York Racing Association, Inc. (aty to be noticed) (Murphy, Harry) |
| Filing 15 NOTICE of Appearance by Ann-Elizabeth Ostrager on behalf of The New York Racing Association, Inc. (aty to be noticed) (Ostrager, Ann-Elizabeth) |
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ORDER: The request for permission to file an amicus brief #14 is GRANTED in part. The Jockey Club may file its proposed amicus brief. The brief must be filed no later than June 30, 2021, or it will not be considered. Ordered by Judge Carol Bagley Amon on June 23, 2021. (Marks, Aaron)
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| Filing 14 Amicus Curiae APPEARANCE entered by Susan Phillips Read on behalf of The Jockey Club (Attachments: #1 Transmittal) (Read, Susan) |
| Filing 13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14582763. by The Jockey Club. (Attachments: #1 Affidavit, #2 Exhibit) (Read, Susan) |
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ORDER granting #13 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 6/21/2021. (Marino, Janine)
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| Filing 12 NOTICE of Appearance by Cynthia E. Neidl on behalf of The New York Racing Association, Inc. (aty to be noticed) (Neidl, Cynthia) |
| Filing 11 NOTICE of Appearance by Henry M. Greenberg on behalf of The New York Racing Association, Inc. (aty to be noticed) (Greenberg, Henry) |
| Filing 10 Proposed Scheduling Order by Bob Baffert (Robertson, William) |
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SCHEDULING ORDER: The parties' proposed schedule #10 is so-ordered. Defendant's response papers shall be filed no later than June 30, 2021. Plaintiff's reply, if any, shall be filed no later than July 7, 2021. A hearing on the motion is scheduled for July 12, 2021 at 11:00am in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on June 16, 2021. (Marks, Aaron)
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| Filing 9 AFFIDAVIT of Service for Summons, Complaint, and Motion for Preliminary Injunction (including supporting papers) served on New York Secretary of State, under N.Y. Not-for-Profit Corp. L. 306 on 6/14/2021, filed by Bob Baffert. (Michael, Charles) |
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 6/15/2021. (Marino, Janine)
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| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14564537. by Bob Baffert. (Attachments: #1 Affidavit of William Craig Robertson III, #2 Proposed Order) (Robertson, William) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 5 Summons Issued as to The New York Racing Association, Inc.. (Bowens, Priscilla) |
| Filing 4 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, #1 Complaint, by Bob Baffert (Michael, Charles) |
| Filing 3 MOTION for Preliminary Injunction by Bob Baffert. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Preliminary Injunction, #2 Declaration Declaration of W. Craig Robertson III, #3 Exhibit Ex. A - Baffert Affidavit, #4 Exhibit Ex. B - Barker Affidavit, #5 Exhibit Ex. C - Complaint, Baffert v. Ky Horse Racing Comm'n, #6 Exhibit Ex. D - NYRA Letter to Baffert, #7 Exhibit Ex. E - NYRA Franchise Agreement, #8 Exhibit Ex. F - Galvin v. NYRA (EDNY 1998), #9 Exhibit Ex. G - In re Rice - Memo of Law for PI, #10 Exhibit Ex. H - In re Rice - Signed Order to Show Cause, #11 Proposed Order Proposed Order Granting Preliminary Injunction) (Michael, Charles) |
| Filing 2 Proposed Summons. Re #1 Complaint, by Bob Baffert (Michael, Charles) |
| Filing 1 COMPLAINT against The New York Racing Association, Inc. filing fee $ 402, receipt number ANYEDC-14562374 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Bob Baffert. (Attachments: #1 Exhibit Ex. A - NYRA Letter, #2 Civil Cover Sheet) (Michael, Charles) |
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SCHEDULING ORDER: Plaintiff has filed a Complaint #1 and Motion for a Preliminary Injunction #3 . No later than 12:00pm on June 16, 2021, Plaintiff shall provide the Court with proof of service on the Defendant. Ordered by Judge Carol Bagley Amon on 6/14/2021. (Marks, Aaron)
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| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
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