Jockey Club Responds To Suit Over Stud Book Limits, Calling It ‘A Hodgepodge Of Speculative Claims’

The Jockey Club has filed its response to a federal civil suit brought by Spendthrift, Ashford, and Three Chimneys over the impending stud book cap of 140 mares per stallion each breeding season.

The plaintiffs had alleged the rule violated antitrust laws, which The Jockey Club's response indicates is incorrect because antitrust is designed to “protect competition, not competitors” and that the rule does not harm competition.

The suit also alleged it was illegal for the Kentucky Horse Racing Commission, as a state entity, to allow The Jockey Club, as a private entity to decide what legally constituted a Thoroughbred horse. The breed organization's response points out that the Kentucky General Assembly decided in 1960 to statutorily reference The Jockey Club's standing as the breed registry, and that there is no constitutionally-protected “right to race” anyway.

Plaintiffs' hodgepodge of speculative claims lacks plausibility and suffers from Plaintiffs' fundamental misunderstanding of the facts, law, and relevant statutory regime,” read part of the response, according to a summary provided by the Thoroughbred Daily News.

The stud book cap is due to be enforced starting with stallions born in 2020.

The Jockey Club, along with two defendants associated with the commission, requested the case be dismissed.

Read more at Thoroughbred Daily News

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Jockey Club Asks Judge to Dismiss ‘Scattershot’ and ‘Meritless’ Stallion Cap Lawsuit

Alleging that a lawsuit by three Kentucky stud farms over the 140-mare stallion cap is “based on groundless and contradictory fortune telling,” The Jockey Club (TJC) filed a motion in federal court Mar. 29 asking the judge to dismiss the complaint, which seeks to have the breeding limit repealed and to award an unspecified amount of damages that the plaintiffs want paid in triplicate.

According to Monday's filing in United States District Court, Eastern District of Kentucky (Central Division), Spendthrift Farm, Ashford Stud and Three Chimneys Farm are suing TJC and Kentucky Horse Racing Commission (KHRC) officials Jonathan Rabinowitz and Marc Guilfoil “because they want the option to overbreed a hypothetical, wildly popular, future Thoroughbred stallion if they obtain one. And if that stallion covers over 140 mares in a given breeding season, they want this Court to force TJC to register each resulting foal as a Thoroughbred.”

The motion to dismiss continues: “Plaintiffs' Complaint is pure conjecture, alleging speculative and hypothetical theories as facts and conjuring injuries that may never come to be.

“Plaintiffs have not alleged a single actual or certainly impending injury. For example, Plaintiffs have not alleged that they have lost a dime because of TJC's decision.

“So despite throwing a pot with a melange of undercooked pasta varieties at the wall, none sticks.

“Moreover, Plaintiffs' hodgepodge of speculative claims lacks plausibility and suffers from Plaintiffs' fundamental misunderstanding of the facts, law, and relevant statutory regime.”

On May 7, 2020, TJC put into effect a new rule–known as 14C–that mandated for stallions born in 2020 and later, the maximum number of mares covered will now be 140.

TJC cited the significant, decades-long decline in the North American foal crop and concerns “with the narrowing of the diversity of the Thoroughbred gene pool,” in implementing this new policy, which was met with a hazy mixture of consternation and support within America's bloodstock community.

On Feb. 23, 2021, Spendthrift, Ashford and Three Chimneys Farm sued to keep the rule from going forward and to collect alleged damages. The complaint called 14C a “blatant abuse of power” that acts as an “anti-competitive restraint” and threatens to disrupt the free-market nature of the breeding business.

On Monday, TJC disagreed, calling the plaintiffs' allegations “scattershot.”

“Alleging these meritless claims, Plaintiffs seek a multitude of damages…for entirely speculative injuries and a series of injunctions whose scope bears no relation to those alleged injuries and could result in the cessation of Thoroughbred racing in Kentucky.”

In greater detail, the motion to dismiss explains that “First, the KHRC did not delegate power, constitutionally or otherwise, to TJC. The Kentucky General Assembly, not by the KHRC, decided in 1960 to statutorily reference TJC's Thoroughbred registry. And the statutory scheme delegates no power. It is well established that a state does not delegate legislative power by making a statutory reference to a private breed registry.

“Second, TJC's decision was not unconstitutional. Not only have Plaintiffs failed to allege that TJC, a private breed registry, is a state actor as would be required for TJC to deprive Plaintiffs of their constitutional rights, but there is no constitutionally protected 'right to race.'

“Third, TJC's decision by its governing Stewards' vote reflects neither an antitrust conspiracy nor harms competition. A basic tenet of antitrust law is that a single entity's decision, even one that results from its governing body's consensus, does not implicate the antitrust laws…

“Finally, the antitrust laws protect competition, not competitors. An antitrust plaintiff must demonstrate antitrust standing, which ensures that the purported injury is one that the antitrust laws are intended to redress. Plaintiffs cannot make any such showing as their speculative and theoretical injuries at best may reflect the potential for harm to themselves, but not to competition.”

According to The Jockey Club's Report of Mares Bred, 42 stallions bred over 140 mares in 2020. Of that total, 16 of those 42 stood at either Spendthrift, Three Chimneys or Coolmore/Ashford. Those 16 stallions bred a total of 1,088 mares over what will be the phased-in cap of 140: Spendthrift (576), Coolmore (429) and Three Chimneys (83).

“Plaintiffs brought this lawsuit alleging purely speculative economic hypotheses to maintain the option of overbreeding future stallions,” TJC contends in its filing. “Plaintiffs do not allege that they own a single stallion that has been prevented from covering a 141st mare, that they will own a stallion that will be prevented from covering a 141st mare, or that a future stallion could not travel overseas to continue covering mares in the Southern Hemisphere after covering its 140th U.S. mare.

“Nor could they; Rule 14C only applies prospectively in the United States and Canada to preserve the health of the Thoroughbred breed for the long term.”

In a separate filing, the two KHRC defendants filed an answer to the complaint requesting that it “be dismissed, with prejudice [and for the granting of] any and all other relief to which they may appear entitled.”

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Fasig-Tipton Gets Back to Business at Gulfstream

HALLANDALE BEACH, FL – A day after watching the horses perform on the racetrack, buyers were out in full force at the sales barns Tuesday in preparation for the return of the Fasig-Tipton Gulfstream Sale of Selected 2-Year-Olds in Training, which will be held in the track's paddock Wednesday. Under late-morning overcast skies and windy conditions, trainer Bob Baffert and bloodstock agent Donato Lanni were making the rounds at the sales barns, as were fellow Southern California conditioners Simon Callaghan and Paddy Gallagher. The local training bench was represented by Chad Brown, Graham Motion, Shug McGaughey and Todd Pletcher. Saudi businessman Amr Zedan, who will watch his Medina Spirit (Protonico) go postward in Saturday's GI Santa Anita Derby, hit the barns along with racing manager Gary Young, and Michael Tabor and the Coolmore team were among the throng of studious shoppers as well.

Consignors were kept busy showing the 136 horses expected to go through the ring Wednesday when bidding begins at 2 p.m.

“This is the first time I sat down since 8 a.m.,” Steve Venosa of SGV Thoroughbreds said shortly after noon Tuesday as his popular colt by Nyquist (hip 146) headed out for another showing. “That one horse there has probably been out all morning. They've all been out. It hasn't let up yet. Everybody is here.”

Fasig-Tipton was forced to cancel its 2020 renewal of the Gulfstream sale due to the pandemic and consignors and buyers both seemed pleased to be back in South Florida for the boutique auction.

“It is good to be back out here,” Venosa said. “Last year was an odd year for everyone. Just to get back here and see all of the activity, it's very refreshing. We are really looking forward to a good sale.”

A few consignments up the row, Dean de Renzo of Hartley/de Renzo Thoroughbreds was also taking advantage of a brief interlude between showings of the operation's popular Gun Runner colt (hip 181).

“We have one of the top horses in the sale, so they usually take a lot of time,” de Renzo said as the handsome chestnut once again headed out of the barn. “He's been out all day. But it feels good to be back here after missing last year.”

DeRenzo and partner Randy Hartley purchased hip 181 for $140,000 at last year's Fasig-Tipton October sale and he worked a furlong in :10 1/5 during Monday's under-tack preview.

“We bought that horse kind of just on a gut feeling in the back ring,” de Renzo recalled. “We loved him then and thought we had bought a really nice horse. And he's had a great year for us training and here, under pretty tough conditions, he just came through it all. We knew it coming in that he would, but after seeing that first part of the racetrack, we thought maybe this isn't the place we should be. I guess good horses can get through things.”

De Renzo said holding the under-tack show over Gulfstream's dirt track allowed buyers to separate the talent on display.

“We only have three, but they all performed well considering the conditions we had with the heat, deep racetrack and wind,” de Renzo said. “But that's what I do like about the dirt and breezing on the dirt, when they do get through it, people know that's the horse and then it turns out to be the right horse. We like that because if we have a horse that really performs well, but he's not the right horse, it looks bad on us. We're happy to be here.”

Of expectations heading into the sale, de Renzo said, “I think the sale is going to be strong. I think there are a lot of really nice horses here. After a year off, I think people have settled down a little more about the pandemic, there is more of a comfort zone. So I have good expectations that the sale is going to be what it was two years ago.”

Eddie Woods was the leading consignor at the juvenile sales season's first auction, the OBS March Sale, and the Irishman was seeing similar action at the Gulfstream barns.

“It's been very busy,” Woods said. “It's just backing off a little now. But we've seen everyone and they've been working hard. It just has a good feel to the whole thing, a bit like the March sale. Maybe not as many people as in the March sale, but there aren't as many horses to go around either.”

Woods continued, “The expectations are high here. Fasig has been very high on how the sale has been received by their customers and I'm sure with the credit applications. And we will see what happens.”

Tristan de Meric of de Meric Sales admitted he was one of many consignors who had been surprised by the strength of the market last month in Ocala. He said he hopes the momentum only builds from there.

“I was definitely pleasantly surprised by the market at OBS,” de Meric said. “We sold 26 out of 26 horses that we led to the ring. It was a great sale. I can't complain about that. And if the year can build off of that, like it has historically, hopefully we are in for a fun season. For the right ones anyway.”

After a year of uncertainties and frustrations, buyers are ready to move forward, observed Clovis Crane of Crane Thoroughbred Services.

“All of the buyers are here, so all of the stars are aligned for a huge sale,” Crane said. “If you have good horses, they are going to buy them, it's pretty apparent.”

Crane continued, “I think there is still a lot of uncertainty, but I think there is also optimism. I think the election being over and the uncertainty of that and COVID–I hate to say under control– but there is light at the end of the tunnel, so I think that's a positive. And I think there is optimism. People want to move forward. People don't want to be held back and they are sick of the media telling them the sky is going to fall. We are going to move forward and people are excited to move forward. Racehorses are something to go do and have fun with. It's exciting, the racehorse business. That's what people need right now. They need something exciting and positive.”

When it was last held in 2019, 59 horses sold for $29,115,000 at the Gulfstream sale. The average was $493,475 and the median was $375,000. A colt by Curlin brought the auction's top price, selling for $3.65 million and that youngster was one of six to sell for seven figures at the sale.

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