NYRA Tells Judge Its Motion to Dismiss Baffert Suit is Imminent

The New York Racing Association (NYRA) on Tuesday gave notice to a federal judge that it intends to file a formal motion to dismiss trainer Bob Baffert's civil complaint, which seeks to overturn NYRA's ban against him.

On May 17, NYRA informed the Hall of Fame trainer with the highly-publicized string of recent equine drug positives that he was temporarily not welcome to stable or race at the association's three tracks, Saratoga Race Course, Belmont Park and Aqueduct Racetrack.

That ban, NYRA said at the time, would be re-evaluated once the Kentucky Horse Racing Commission adjudicates Medina Spirit (Protonico)'s positive betamethasone tests that came back after the colt won the GI Kentucky Derby. In the 12 months prior to Medina Spirit's positive, four other Baffert trainees also tested positive for banned substances, two of them in Grade I stakes.

On June 14, Baffert filed a civil complaint against NYRA, alleging that the association's ban violates his Fourteenth Amendment constitutional right to due process.

On June 30, NYRA filed a 236-page memorandum in opposition to granting Baffert an injunction (read those legal arguments in detail here).

A new twist in the July 6 letter is that lawyers for NYRA wrote that they first want to have a conference among parties prior to filing the motion to dismiss.

The timing will be tight, as the judge had already set a July 12 court date for Baffert's motion to be heard.

“Plaintiff's Complaint asserts five causes of action: (1) preliminary and permanent injunction; (2) an alleged violation of 42 U.S.C. § 1983; (3) declaratory judgment; (4) tortious interference with business relations; and (5) an alleged violation of certain New York State laws,” NYRA's Tuesday letter to the judge stated. “Each of these claims are deficient as a matter of law and should be dismissed.”

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Keeneland Announces Finalized September Schedule

Keeneland has announced the official daily schedule for its marquee September Yearling Sale, which will begin Monday, Sept. 13 with the first session of a two-day Book 1 opener, a schedule update that was reported in the TDN June 26. Also included in the changes to Book 1's schedule is the ability for sellers to send horses who RNA'd on the first day back through the ring on day two.

The sale will start at 1 p.m. for both Book 1 sessions Monday and Tuesday, while the two Book 2 sessions will get underway at 11 a.m. Wednesday and Thursday, Sept. 15-16. The traditional dark day, moved from its usual spot following Book 1, will be Friday, Sept. 17, with the rest of the sale continuing from Sept. 18-25 with sessions beginning daily at 10 a.m.

“In an effort to position the largest number of horses before our deep audience of domestic and international buyers, we are holding the first four sessions [Books 1 and 2] consecutively prior to the Dark Day,” said Keeneland CEO Shannon Arvin. “We made this adjustment after consulting with numerous buyers and sellers who continue to express their strong desire to see a significant number of yearlings before a break … We are keenly aware that the goal is to create a consistent format year to year. We are committed to meeting that goal, and to ensuring a stable marketplace for buyers and sellers alike.”

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Horses, Humans Have Similar Reactions To Allergic Dermatitis

The intense itchiness caused by allergic dermatitis can make horses scratch to the point where they harm themselves, breaking the skin as they scratch in an attempt to relieve the itching. This inflammatory disease often affects a horse's ears, face, and other hair-free areas, and it can be caused by insect or environmental allergies. Humans also experience atopic dermatitis, often called eczema.

Dr. Rosanna Marsella reviewed literature on the current understanding of atopic dermatitis in dogs, cats, horses, and people to try to improve understanding of the disease and develop new treatments. In people and horses, allergy-related disease often first shows itself as dermatitis, but respiratory disease can occur later. Some atopic horses develop heaves and some affected humans can develop food allergies, rhinitis and asthma.

Atopic dermatitis is often diagnosed by analyzing the patient's history and clinical signs, though serology testing can be done to create a definitive diagnosis. Affected horses are often given glucocorticoids and antihistamines, but controlling triggers for itchiness is crucial to the success of therapy, Marsella says.

Allergen specific immunotherapy is recommended for horses that suffer from the disease and has a success rate of between 64 and 84 percent. Most improvement is seen after the first year of treatment. Some horses require other medical interventions while receiving immunotherapy, but the amounts of these medications may decrease the longer immunotherapy is administered. Interleukin-31, which causes intense itchiness, may be a target for therapy.

Though understanding of atopic dermatitis is limited, affected horses seem to suffer similarly to humans affected by the disease. Treatment has evolved from suppressing the immune system to a more holistic restoration of the immune system, often through allergen-specific immunotherapy.

Read the review here.

Read more at HorseTalk.

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Great Community Race Day at Carlisle on July 8

The Great Community Race Day, the brainchild of Carlisle Racecourse non-executive committee member Bruce Jones and his wife Sue who founded OEE, a Carlisle-based engineering company, will be held on Thursday, July 8. Keen to support and contribute towards the local community, the couple decided to sponsor a racing fixture and the concept of the Great Community Race Day was born. Each of the six races on Thursday's card will include the name of one of the following charities that the team at OEE had been personally involved with and felt inclined to support:

  • BEE Unique – Autism 'Embracing Differences'
  • Calvert Trust – Challenging disability through outdoor adventure
  • Carlisle Community Help – Affordable Food Hub
  • Diff-Ability – Showcasing ability over disability
  • Every Life Matters – Suicide Prevention
  • Penny Jones – Animal Hospice

All donations are split equally and passed in full, directly to the charities and can be made here.

“Through the Great Community Race Day, OEE hope to really raise awareness of these local charities and the fantastic work they do,” said Bruce Jones. “OEE would like to thank the charities themselves for their efforts in pulling together the organisation and the team at Carlisle Racecourse for their help and support with all the arrangements and planning.”

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