Janelle and Richard Simon and Eric Curtis, the owners and trainer of Jet Black Patriot, respectively, have filed a suit against the New Mexico Racing Commission in New Mexico court.

Last year, Jet Black Patriot finished second to Stolis Winner in the G1 All American Futurity at Ruidoso Downs. Stolis Winner tested positive for caffiene, a banned substance. The New Mexico Racing Commission ruled that the horse was disqualified from his victory, but the decision was appealed and is awaiting a subsequent hearing. Due to the appeal, the New Mexico Racing Commission still recognizes Stolis Winner as the winner of the race.

The Simons are seeking to gain a voice in an appeal over the suspension of the winning horse’s trainer, according to a report by the Associated Press. The lawsuit was filed May 14 at the state district court in Santa Fe, and is being presided over by judge Daniel Sanchez.

In November, the Simons filed a federal lawsuit in Austin, Texas, seeking to have a judge declare their horse the rightful winner of the race. The Simons also seek $2 million, which includes the $1 million winner’s purse, along with what they allege are lost stud fees and marketing and licensing agreements.