04/26/2016 5:37PM

Preciado's attorney files lawsuit seeking restraining order

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Attorney Alan Pincus has filed a federal lawsuit in the Middle District Court of Pennsylvania seeking a temporary restraining order that will allow trainer Ramon Preciado to resume entering horses at Parx Racing.

Preciado has been suspended a total of 270 days by the Pennsylvania Racing Commission for two clenbuterol positives at Parx last fall. The clenbuterol overages were the third and fourth Preciado had at Parx in 2015. He also had two clenbuterol positives at Delaware Park last summer.

Preciado has appealed the 90-day and 180-day suspensions he was handed for the two latest Parx overages and been granted a stay of sentence.

Parx has since ejected Preciado from its property. Preciado appealed his ejection to the racing commission and received a stay. Parx also is refusing to accept entries from Preciado. Complicating matters is the fact Parx is under an equine herpesvirus quarantine and Preciado cannot remove his horses from the grounds.

"There is a theory that the clenbuterol positives are the result of sabatoge by a disgruntled employee," said Pincus, one of two attorneys representing Preciado. "But this is not about whether Mr. Preciado is innocent or guilty, it's about him not getting his due process. And, that means getting your hearings before your career is destroyed."

Pincus said Preciado may have additional clenbuterol positives forthcoming.

According to Pincus, no date has been set for Preciado's appeal of his clenbuterol overages or the appeal of his ejection.

Last week, Preciado's owners transferred 44 of his 58 horses to other trainers.

"Mr. Preciado's owners are not going to let their horses sit there and not be able to run," Pincus said. "By not letting him enter his horses, Parx is ruining his career."

Pincus said the lawsuit seeks damages from Parx for the damage the ejection and the refusal to accept Preciado's entries have done to his career, and for lost income. Pincus said he also is seeking a permanent injunction against Preciado's ejection from Parx.

Pincus said he expected to hear back from the court in the coming days. Philadelphia lawyer Thomas Pfender also is representing Preciado in these matters.

Sam Elliott, the director of racing at Parx, declined to comment on the lawsuit.

Walter Remmert, the executive director of the Pennsylvania Racing Commission, did not immediately return a phone call seeking comment.