FRANKFORT, Ky. (AP) — A Kentucky appeals court judge has denied Zedan Racing Stables’ requests for an emergency hearing and ruling that sought to allow Bob Baffert-trained Arkansas Derby winner Muth to run in next week’s Kentucky Derby at Churchill Downs.

Kentucky Court of Appeals Judge Jeff S. Taylor issued an order denying relief on Wednesday, saying Zedan’s motion failed to name the Hall of Fame trainer suspended by Churchill Downs as an “indispensable party” in its motion. Taylor’s order added that the action “constitutes an impermissible collateral attack by a nonparty” after a federal court ruled against Baffert last year.

Taylor also wrote the ZRS’ “inexplicable” delay seeking relief from Baffert’s extended ban by the historic track precluded consideration for emergency relief. A three-judge panel will hear the motions as standard procedure, but time is short for an immediate decision with eligible Derby horses required to be stabled at the track by Saturday morning. The post draw is Saturday evening.