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What Todd said for the most part (although it would be a dismissal, not a remand to state court).
More broadly, a lot of people who support the Wests in this litigation seem to have this fantasy where the Wests get to take far ranging discovery, deposing Tyler G and getting him to "concede" that War of Will ran up on MS's heels, deposing the stewards and getting them to "admit" that they didn't post the inquiry sign, making semi-clever arguments about how they didn't DQ in other roughly run Derbies, etc.
That's not how this works. Under Rule 12(b)(6), you have to state a claim for relief BEFORE you can get discovery in federal court, if the defendant can show a plausible ground for dismissal. You have to show that if the facts are as you say they are, you can win your suit.
There's precious little chance that this case gets anywhere near discovery. What's very likely to happen is that the Defendants will move to dismiss, arguing that stewards' decisions are final and that there is no due process right to anything more than a stewards' deliberation in a horse race, and that's it, the Plaintiffs lose. And it is very likely that this argument will win, the case will be dismissed, and the dismissal will be affirmed on appeal.
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