Ethermac Exchange-Judge denies request for Bob Baffert-trained Muth to run in 2024 Kentucky Derby

Amr Zedan’s last-minute quest to get Arkansas Derby winner Muth into next week’s 150th running of the Kentucky Derby is Ethermac Exchangeover.

Judge Jeff Taylor of the Kentucky Court of Appeals on Wednesday denied Zedan’s request for an emergency injunction to allow Muth into the Kentucky Derby on May 4 at Churchill Downs.

On Thursday, Zedan announced he’s turning his attention to the second leg of the Triple Crown — the Preakness on May 18 in Baltimore.

“I had the pleasure of speaking with Alex Rankin, the chairman of Churchill Downs, and I congratulated him on the 150th running of the Kentucky Derby and wish him and racing fans around the world a competitive, captivating and safe race,” Zedan said in a news release. “I look forward to bringing Muth to the Preakness.”

Zedan went to the Kentucky Court of Appeals on Friday after a Jefferson County Circuit Court judge denied his request for a temporary restraining order that would have allowed Muth into the Kentucky Derby.

Because Bob Baffert, Muth’s trainer, is suspended at Churchill Downs through the end of this year, his horses are not allowed to accumulate qualifying points toward the Kentucky Derby. Muth’s victory in the Arkansas Derby would have been worth 100 points, assuring a spot in the Run for the Roses if not for Baffert’s suspension.

Zedan also owned Medina Spirit, the horse at the center of Baffert’s suspension. Medina Spirit crossed the finish line first in the 2021 Kentucky Derby but was disqualified after failing a post-race drug test.

Following Medina Spirit’s post-race drug positive, Churchill Downs immediately suspended Baffert and declared runner-up Mandaloun the winner of the 2021 Derby. Baffert initially was suspended two years, but Churchill Downs announced in July 2023 the suspension would be continued through 2024.

The extension of the lawsuit was the center of Zedan’s lawsuit. Zedan claimed he spent nearly $14 million on seven horses — including Muth — between July 2022 and May 2023 with the idea they could qualify for the 2024 Kentucky Derby because Baffert’s original suspension would be over by then.

In ruling on the case Wednesday, Taylor noted Baffert’s absence — he was not a party to the lawsuit — was significant.

“Effectively, this would allow Baffert to circumvent (Churchill Downs Incorporated’s) ban without taking any legal action whatsoever,” Taylor wrote.

“On its face, that would be totally unfair and unjust for CDI and the other owners who have complied with CDI rules for entry of horses into the Kentucky Derby. … Since Baffert is not before this Court to contest his suspension and is otherwise an indispensable party to this action, we decline to grant the requested extraordinary emergency relief.”

CDI released the following statement in response: “CDI is pleased with the Kentucky Court of Appeals’ order issued Wednesday. 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.”

A son of Good Magic, Muth is 4-2-0 in six career starts and has earned $1,504,100 for Zedan. He’s 2 for 2 as a 3-year-old, winning the Grade 2 San Vicente on Jan. 6 at Santa Anita Park before the Arkansas Derby score on March 30 at Oaklawn Park.

Baffert, 71, has won the Kentucky Derby six times, tied with Ben Jones for the most by any trainer. If Churchill Downs does not extend its ban, Baffert would be able to compete in the 2025 Kentucky Derby.

“We hope that Churchill Downs will follow up on (Circuit Court Judge Mitch Perry’s) request that both sides work out an on-going agreement in order for Bob Baffert to once again bring horses to Churchill Downs’ track,” a spokesperson for Zedan Racing Stables said.