The Forte camp tried on Tuesday to delay the proceeding once more, according to the two people.
New York racing officials have withheld the $165,000 first-place check for the Hopeful from Repole and Viola, according to state gaming officials.
Repole, who made his fortune in the beverage industry, and representatives for Viola, who also owns the N.H.L.’s Florida Panthers, did not return phone calls or text messages. Pletcher also did not respond to requests for comment.
Pletcher’s lawyer, Karen Murphy, said after a brief conversation that she would call back. She did not, nor did she respond to subsequent phone and text messages.
Horse racing is already reeling after the seven Churchill Downs deaths, which included two horses on the Derby undercard. They came during one of the few times each year that the sports world is focused on horse racing: the Triple Crown season, beginning with the Derby and followed by the Preakness Stakes and the Belmont Stakes.
The deaths have renewed longstanding concerns about the safety of racehorses. The industry is beset by doping scandals, competition from other forms of sports betting and dwindling interest among fans.
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