LEGAL PROCEEDINGS
−Removed: In addition to the matters described below, we are also involved in ordinary routine litigation matters which are incidental to our business.
−Removed: Bob Baffert and Bob Baffert Racing Stables, Inc.
−Removed: Churchill Downs Incorporated, Bill Carstanjen and Alex Rankin
−Removed: On February 28, 2022, plaintiffs Bob Baffert and Bob Baffert Racing Stables, Inc.
−Removed: filed a complaint and motion for preliminary injunction against Churchill Downs Incorporated, its Chief Executive Officer Bill Carstanjen, and its Chairman of the Board of Directors Alex Rankin in the U.S.
−Removed: District Court for the Western District of Kentucky, arising out of the Company’s decision to suspend Mr.
−Removed: Baffert from entering horses trained by him at any Company-owned racetrack for a period of two years.
−Removed: The Company’s two-year suspension of Mr.
−Removed: Baffert came after Baffert-trained horse, Medina Spirit, finished first in the 147th running of the Kentucky Derby but subsequently tested positive for betamethasone, a banned race-day substance.
−Removed: Plaintiffs allege that the Company’s decisions to suspend Mr.
−Removed: Baffert from racing at any Company-owned racetrack and to prohibit horses trained by him (or any other suspended trainer) from accumulating Derby-qualifying points were unlawful.
−Removed: Plaintiffs assert claims for (i) violation of the due process clause, (ii) unlawful exclusion, (iii) violations of the federal antitrust laws, (iv) tortious interference with contract, and (v) tortious interference with prospective business advantage.
−Removed: In addition to and separate from the Company’s suspension of Mr.
−Removed: Baffert, on February 21, 2022, the Kentucky Horse Racing Commission ("KHRC") Board of Stewards suspended Mr.
−Removed: Baffert from racing in Kentucky for 90 days and issued a fine to him.
−Removed: The KHRC rejected Mr.
−Removed: Baffert’s requests to stay the suspension.
−Removed: Baffert unsuccessfully sought judicial intervention relieving him from the KHRC suspension.
−Removed: On March 21, 2022, the Franklin County Circuit Court concluded Mr.
−Removed: Baffert was not entitled to a stay of the KHRC suspension and that he had not satisfied a single element required for a temporary injunction of the KHRC suspension.
−Removed: This decision was affirmed by the Kentucky Court of Appeals on April 1, 2022 in an order denying Mr.
−Removed: Baffert’s motion for emergency relief.
−Removed: After the Kentucky Court of Appeals allowed the KHRC’s 90-day suspension of Mr.
−Removed: Baffert to stand, plaintiffs voluntarily withdrew their motion for preliminary injunction against the Company without prejudice.
−Removed: On May 2, 2022, the Company filed a motion to dismiss plaintiffs’ complaint.
−Removed: Plaintiffs filed a renewed motion for preliminary injunction on December 15, 2022.
−Removed: On February 17, 2023, the Court issued a memorandum opinion and order granting the Company’s motion to dismiss in part, allowing a portion of the due process claim to remain.
−Removed: In the same order, the Court denied Plaintiffs’ motion for preliminary injunction, concluding that Plaintiff had not established irreparable injury and was not likely to succeed on the merits of the remaining claim.
−Removed: The Company, Mr.
−Removed: Carstanjen, and Mr.
−Removed: Rankin intend to defend this matter vigorously and believe that there are meritorious legal and factual defenses against plaintiffs' allegations and requests for relief.
+Added: We are involved in ordinary routine litigation matters which are incidental to our business.
+Added: Refer to Note 19, Contingencies to the notes to consolidated financial statements included in Item 8.
+Added: Financial Statements and Supplementary Data of this Annual Report on Form 10-K, for further information.
MINE SAFETY DISCLOSURES
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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.