Churchill Downs Inc. will be given until April 24 at noon ET to respond to a motion for emergency relief filed with the Kentucky Court of Appeals sought by owner Amr Zedan to get Arkansas Derby (G1) winner Muth into the Kentucky Derby (G1) field, only three days before a deadline for Derby horses to be on-site at Churchill Downs. Post positions for the May 4 Kentucky Derby will also be drawn April 27.
The appellate court's online docket shows Zedan Racing Stables' emergency motion was filed April 19, one day after a ruling by Jefferson Circuit Court in Louisville, Ky., denying Zedan's motion for a temporary injunction that would force Churchill Downs to accept Muth's entry in the Run for the Roses.
The deadline for CDI's response was confirmed to BloodHorse by the office of the Clerk of the Court of Appeals.
Further complicating the timing is that Muth is in training in Southern California at Santa Anita Park, where he worked April 12 and galloped this week. That leaves little time both for the appellate court to rule on the motion and, if Zedan is successful, for Muth to be transported, likely via airplane and van, to arrive at Churchill Downs in Louisville.
Currently barred from running horses at Churchill Downs, Baffert previously told Oaklawn Park publicity his plan was to run Muth in the May 18 Preakness Stakes (G1) at Pimlico Race Course, where Baffert is eligible to compete.
