35 unchanged sentences
On October 24, 2018, the Court ruled that the HRMs in question (Encore/Exacta) are a pari-mutuel system of wagering legally permitted under Kentucky law.
−Removed: In November 2018, the Family Foundation filed a notice of appeal and subsequently filed a
−Removed: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED JUNE 30, 2021
−Removed: motion to transfer the appeal directly to the Kentucky Supreme Court, which was granted in June 2019.
−Removed: On September 24, 2020, the Kentucky Supreme Court issued an opinion reversing the Court’s opinion.
+Added: In November 2018, the Family Foundation filed a notice of appeal and subsequently filed a motion to transfer the appeal directly to the Kentucky Supreme Court, which was granted in June 2019.
+Added: On September 24,
+Added: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2021
+Added: 2020, the Kentucky Supreme Court issued an opinion reversing the Court’s opinion.
On November 9, 2020, the KHRC and certain other defendants filed petitions for rehearing which was rejected by the Court.
4 unchanged sentences
The Court reaffirmed its interpretation that the final judgment would not be applied retroactively and also refused to extend the final judgment to apply to games other than the Exacta system.
−Removed: On April 16, 2021, the Family Foundation filed a notice of appeal of the final judgment.
+Added: Although the Family Foundation filed a notice of appeal of the final judgment on April 6, 2021, it moved to dismiss the appeal on September 13, 2021.
The Company does not use the Exacta system in any of its historical racing machine facilities in Kentucky and does not believe that any further rulings in this case will impact its ability to operate HRM facilities in Kentucky.
3 unchanged sentences
The Company filed a motion to dismiss on March 31, 2021.
+Added: On August 30, 2021, plaintiffs filed a Chapter 13 Bankruptcy Petition with the Western District of Kentucky, and filed a notice of automatic stay in the matter pending against the Company.
+Added: The Company’s motion to dismiss has been remanded until the automatic stay is lifted.
The Company intends to defend this matter vigorously and believes that there are meritorious legal and factual defenses against the plaintiffs' allegations and requests for relief.
+Added: Louisiana Environmental Protection Agency Non-Compliance Issue
+Added: On December 6, 2013, we received a notice from the U.S.
+Added: Environmental Protection Agency (the "EPA") regarding alleged Concentrated Animal Feeding Operations (CAFO) non-compliance at Fair Grounds Race Course.
+Added: On October 21, 2019, we reached an agreement in principle, subject to final agreement and regulatory and court approval.
+Added: On September 29, 2020, the EPA filed a complaint and proposed consent decree, which was agreed to by both parties.
+Added: On October 5, 2021, the United States District Court for the Eastern District of Louisiana granted the EPA’s unopposed motion to approve the consent decree.
+Added: Pursuant to the consent decree, Fair Grounds will pay a $2.8 million penalty, which was accrued in our consolidated statement of comprehensive income for the year ended December 31, 2019, and accrued expense and other current liabilities in our accompanying condensed consolidated balance sheets at September 30, 2021 and December 31, 2020.
+Added: The consent decree also requires corrective measures to ensure compliance with applicable federal laws and regulations.
Louisiana Horsemen's Purses Class Action Suit
13 unchanged sentences
On October 9, 2014, HBPA and Fair Grounds Defendants filed exceptions to the suit, including an exception of primary jurisdiction seeking referral to the Louisiana Racing Commission.
−Removed: By Judgment dated November 21, 2014, the District Court granted the exception of primary jurisdiction and referred the matter to the Louisiana Racing Commission.
+Added: By Judgment dated November 21, 2014, the District Court granted the exception of primary jurisdiction and referred the matter to the Louisiana Racing
+Added: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2021
On January 26, 2015, the Louisiana Fourth Circuit Court of Appeals denied the plaintiffs’ request for supervisory review of the Judgment.
5 unchanged sentences
Thereafter, the parties resumed informal settlement discussions, and, as a result, the Company established an accrual for an immaterial amount in the third quarter of 2019.
−Removed: The parties submitted a settlement agreement to the District Court on February 14, 2020, following the
−Removed: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED JUNE 30, 2021
−Removed: Louisiana Racing Commission’s approval to transfer the matter to the District Court for approval and administration of the settlement agreement on February 12, 2020.
+Added: The parties submitted a settlement agreement to the District Court on February 14, 2020, following the Louisiana Racing Commission’s approval to transfer the matter to the District Court for approval and administration of the settlement agreement on February 12, 2020.
At a hearing on February 18, 2020, the District Court granted preliminary approval of the settlement agreement and set certain deadlines relating to actions to be taken by class members.
12 unchanged sentences
That appeal has been consolidated with the earlier-filed appeal of the February 2020 order appointing class counsel and certifying a class for settlement purposes.
+Added: On August 12, 2021, the Louisiana Court of Appeals for the Fourth Circuit granted a joint motion to expedite oral argument, which took place on October 13, 2021.
Anthony Mattera v.
6 unchanged sentences
District Court for the Western District of Kentucky on May 21, 2021 and filed a motion to dismiss on July 7, 2021.
−Removed: The Company intends to defend this matter vigorously and believes that there are meritorious legal and factual defenses against the plaintiff’s allegations and requests for relief, including his class allegations.
+Added: On September 1, 2021, Plaintiff filed a notice of voluntary dismissal, without prejudice.
There have been no material changes with respect to our risk factors disclosed in Part I, Item 1A of our Annual Report on Form 10-K for the year ended December 31, 2020.
+Added: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2021
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.