Bit- it is sort of laches! As a general rules the party asserting the doctrine of laches-here Churchill Downs- would have to claim it was prejudiced or changed its position by Baffert sitting on his rights. That is not the case here where CD has taken its position. I can’t speak for Kentucky courts specifically but most judges do not look fondly on a party seeking a TRO at the last minute when the relief could have been sought earlier on a non emergency basis.R