A pre-trial motion filed by the defense to have the case dismissed was heard in November 2001. Judge Mary Noble took no action at that time, but later gave Giovanni's attorney until Feb. 14 of this year to file a motion on why the case should not be dismissed. The deadline was not met.
A lawsuit filed against the Jockeys' Guild in September 2001 by former national manager John Giovanni was dismissed by a Fayette County Circuit Court judge March 5 for lack of prosecution.Giovanni was seeking compensatory and punitive damages in the suit for being illegally ousted as the Guild's national manager in June of 2001. At the time, he had a two-year contract that ran through Dec. 31, 2002. In addition to the Guild, defendants in the suit were Matrix Capital Associates, which took over Guild management from Giovanni, Matrix president Dr. Wayne Gertmenian, and current or past Guild members Chris McCarron, Robert Colson, Mike McCarthy, and Tomey Swan.