by John Pawlak, the U.S. Trotting Association

Columbus, OH — A District Court judge in Maryland has ruled that Rosecroft Raceway’s lawsuit against the Maryland Thoroughbred industry can move forward.

Rosecroft, which closed its doors on July 1, is suing the Maryland Jockey Club, Maryland Thoroughbred Horsemen’s Association and 16 other defendants for withdrawing permission to simulcast Thoroughbred races from racetracks located both inside and outside the state.

Judge Richard Bennett dropped two of the nine charges leveled by Rosecroft, but also ruled that there was sufficient evidence to move the case forward on the remaining charges.

The suit alleges that the Maryland Jockey Club cut off simulcast permission just before the 2009 Kentucky Derby — which would have been one of Rosecroft’s most profitable days of the year. A substantial portion of the Standardbred track’s revenue came from simulcast wagering on imported Thoroughbred races.

Kelley Rogers, President of Cloverleaf Enterprises, said, “I am very pleased that Judge Bennett found that our case deserved to move forward. The Maryland Thoroughbred Horsemen and The Maryland Jockey Club mounted an aggressive case to dismiss and I am happy Judge Bennett rejected their arguments. I am looking forward to the discovery phase of this case.”