Plaintiffs in Louisiana Lawsuit Make Case for Allowing Amended Complaint

The plaintiffs in the federal lawsuit spearheaded by the state of Louisiana against the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) fired the latest salvo Monday, arguing in a filing that the judge should not accede to the defendants' request to strike a recently amended version of the complaint that expands the slate of plaintiffs by letting new entities join the case.

“Defendants suggest that Plaintiffs engage in something sinister by seeking amendment to request expanded relief,” stated the Mar. 27 memorandum filed in United States District Court (Western District of Louisiana). “But parties across the country routinely amend to seek expanded relief without issue.”

Back on Feb. 6, the plaintiffs filed an amended complaint to their original June 29, 2022, lawsuit, with the chief changes involving the addition of 14 new individual Horsemen's Benevolent and Protective Association (HBPA) affiliates, plus a wide swath of states, racing commissions, and individual racetracks.

Then, in a Mar. 6 motion, the HISA defendants asked the judge to strike that amended complaint on the basis that adding a “vast number” of organizations and states as new plaintiffs constituted an allegedly “blatant attempt” at “gamesmanship” and “shotgun” litigation.

The plaintiffs' Mar. 27 filing disputed those characterizations and argued for the amended complaint to proceed.

“Defendants' motion is unwarranted and amendment is proper as a matter of right at this early stage in the case,” the plaintiffs' filing stated.

“Leave to amend is also proper to allow parties who have been waiting for months to participate in this litigation to seek redress. [The amended version] both addresses HISA rules approved after Plaintiffs filed the initial complaint and adds more parties who have suffered harm from those rules,” the memorandum stated.

“Procedural squabbles aside, [the HISA Authority's] unlawful regulations pose a litany of issues requiring redress,” the plaintiffs stated.

The post Plaintiffs in Louisiana Lawsuit Make Case for Allowing Amended Complaint appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Leading Owner: Windylea Farm Reaching New Heights On NYRA Circuit

Windylea Farm won their first owners title on the New York Racing Association, Inc. (NYRA) circuit by posting a record of 31-12-5-10 at the recently concluded winter meet at Aqueduct Racetrack.

The Hoosick Falls, New York operation, founded by the late Phil O'Neill, came from humble beginnings four decades ago in Bennington County, Vermont, where their blue-collar-bred horses would race at the now defunct Green Mountain Race Track.

Now managed by Phil's son Kip O'Neill, Windylea Farm has soared to new heights, which the younger O'Neill says is all thanks to his father's vision.

“After he died in March 2021, we found a letter that he wrote to himself in 1975. I'm not sure if he had ever looked at it since, but the timing certainly was delayed a bit in the maturation of the program,” O'Neill said. “It's eerie to read because given the footprint he set at that point, we've really continued on that same path he envisioned. His hope was to breed and race high quality horses, not so much with the fixation on numbers, but always wanting to be competitive in the breeding and racing program. We've been able to accomplish that with the team we've assembled both on and off the track.”

Windylea has slowly but surely made the progression from the bottom to the top. After starting at Green Mountain, they raced primarily at Finger Lakes Racetrack before building a reputation on the NYRA circuit in recent years.

O'Neill wasn't even old enough to attend the races at Green Mountain when Windylea Farm first raced Thoroughbreds.

“You had to be 16, so I had to watch races from the clocker's stand,” O'Neill recalled. “From there, we moved on to Finger Lakes and some other small tracks. When we formed Windylea, it was a small farm based in Vermont and we've grown that operation to move to a bigger farm in eastern New York. When Dad passed, he left a great roadmap for success and plans for the future. We're really trying to carry on his legacy, while at the same time make the necessary changes to the operation for the continued growth.”

It was in 2017, just four years before Phil's passing, that Windylea purchased their current land in Hoosick Falls – located about 40 miles southeast of Saratoga Springs.

“At that time, we decided that we wanted to invest some additional capital in both our farm and the breeding stock as well as the racing stock,” O'Neill said. “Our farm manager, Kyle Willard, has been with us almost 20 years and does a phenomenal job. We've seen the natural progression since then. We went from Green Mountain to Finger Lakes. We always have raced at Finger Lakes since the late 1970s and we've enjoyed that success.”

The model implemented by O'Neill and his team allows horses to step up or down based on their performances. Windylea campaigns horses at all four New York state Thoroughbred racetracks, which includes Finger Lakes as well as the three NYRA ovals.

At Finger Lakes, located in Farmington, New York, Windylea has horses stabled with trainer Jonathan Buckley, while NYRA-based horsemen Rob Atras and Mark Hennig condition Windylea's heavier hitters.

“As you can see from our results, we're racing at a higher level now and there's more movement with horses when you do that,” O'Neill explained. “When they aren't having success on the NYRA circuit, we can move them to Finger Lakes. They learn how to win up there a little easier. If they have the ability, we can transition them back to the NYRA circuit, and we've done that in multiple situations.”

One success story is Warriors Revenge, who Windylea claimed from trainer Charlton Baker for $7,500 in June 2021 at Finger Lakes. Under Buckley's tutelage, the son of Warrior's Reward went on a tear to win seven straight races from June-November 2022 at Finger Lakes before transferring to Hennig.

“He's a horse that had an eye injury back in 2021, so he missed some time. The vets out there and Jon's patience allowed him to keep his eye which was our primary focus at the time,” O'Neill recalled. “We were able to find some spots for him to have success last year at Finger Lakes and I wanted him to have success. He was a little quirky when we claimed him and he's certainly proved to be a good campaigner and transitioned to the NYRA circuit this fall.”

Warriors Revenge has finished in the money in all four starts since making the transition, including a 4 1/2-length victory in a first level state-bred allowance on January 8 and a trio of third-place finishes.

“He could have been second a couple of times he finished third, but we wanted to try and win those races and chased runaway winners those days,” O'Neill said. “He's a pretty cool horse, we're happy to have him in the barn and he'll run sometime in mid-April in [the second level] condition.”

O'Neill went on to speak volumes of both Hennig and Atras.

“We do a lot more of the claiming game with Rob and more of our New York-bred horses that come down from Finger Lakes seem to end up in Mark's barn,” O'Neill said. “Rob is a younger trainer that comes from a background of not having the best horses. He grew up that way, as did we as a farm. It kind of helped us work together on trying to find horses to claim and being creative and at the same time, knowing that sometimes you claim one that ends up not being worth the dollars you paid for it. So, you make the hard decision and run them where they can compete. We've had a great relationship doing that. I trust Rob's judgment on where a horse is at and how they're doing.”

Another prominent Windylea horse is the Hennig-trained Ouster, who recently recorded a 100 Beyer Speed Figure when defeating fellow New York-breds by five lengths going a one-turn mile on March 18. He didn't race until the age of 4, but has covered considerable ground thus far, breaking his maiden on turf going two turns in November before transitioning back to the main track to win twice.

O'Neill described the son of Outwork, who boasts a consistent 9-3-2-2 record as, “a measurement of patience and perseverance.”

“We bought him as a yearling and entered him in the [OBS April] 2-year-old sale. Unfortunately, he had a mishap in his work, didn't work that well and I ended up buying him back because I didn't want to let him go for the dollars people are willing to pay,” O'Neill said. “It then took us a couple of additional years of getting to a race. I give Mark and his team a ton of credit. The horse has certainly caused me a lot more gray hair, but he's paying dividends by us giving him time. He had a really good race five weeks ago and he backed it up last week with a touch better effort and a cleaner trip. I think if we can get him around two turns again, he'll be even stronger. He's such a big, long striding horse.”

O'Neill said Ouster would likely target open allowance company for his next start.

“We don't try to get too far ahead of ourselves,” O'Neill said. “Mark and I have talked about what to do with him. He's eligible for a first level open allowance and that would be the most conservative approach. We'll look in that area first.”

Windylea's biggest claim to fame on the breeding front is dual New York-bred Champion Lead Guitar. Owned by Jim and Susan Hill, the daughter of Maclean's Music was named both New York's Champion Female Sprinter and Champion Turf Female in 2020. Consigned through McMahon of Saratoga Thoroughbreds at the Fasig-Tipton Saratoga Fall Mixed Sale in 2016, she was purchased for $35,000 and then resold for $200,000 the following summer at the Fasig-Tipton Saratoga New York-bred Yearling Sale.

“Lead Guitar certainly afforded us other opportunities with that mare and that mare has thrown some other good foals. It put our name on the map as a breeder with her success,” O'Neill said.

The success garnered in breeding Lead Guitar was quite a far cry from the days when Windylea's sales prospects got very little to no attention at all.

“When we first started breeding, no one came to look at our horses. They weren't the best bred and we were very new on how to raise a young horse,” O'Neill recalled. “But through my Dad's vision and through the work of Kyle Willard and his team at the farm, we've been able to establish a really good breeding and training program. We sell weanlings, yearlings, 2-year-olds and we'll sell some broodmares, and we buy in all those markets as well.”

O'Neill speaks speak highly of the New York program, which he described as one size fits all.

“I believe the New York program affords a small, medium or large-sized breeder with the best opportunity for success. It's not always affordable to carry every horse you have to the races,” O'Neill said. “You have to part ways and sell from the top and the bottom. You can't just sell your weakest horses or yearlings.

“But the program allows you to earn after you sell them,” O'Neill added. “When we sell horses, we look to position them in markets for sales that have the best opportunity to come back and compete in New York. Between the breeding program of paying an in-state award for a breeder of 30 percent on a win and 15 percent on a placing – and cut that in half if you breed to an out-of-state stallion – that's pretty lucrative. It's shown to be lucrative for the top breeders in the state and that's what we aspire to be.”

The post Leading Owner: Windylea Farm Reaching New Heights On NYRA Circuit appeared first on Horse Racing News | Paulick Report.

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‘I Expect A Lot’: Allowance Runner Coffee In Bed Could Target Santa Anita Oaks

The feature race on Monday's eight-race card at Santa Anita Park, a first-level allowance for 3-year-old fillies going seven furlongs on the main track, is likely to produce a starter or two for the Grade 2 Santa Anita Oaks on April 8.

Installed as the 6-5 favorite in a six-horse is Coffee in Bed, an eye-catching debut winner here going six furlongs on Jan. 6 for Hall of Fame trainer Richard Mandella. Coffee in Bed was slated to return in the Grade 3 Santa Ysabel at 1 1/16 miles on March 6, but was forced to miss the race after she tied up, which is medically known as exertional rhabdomyolisis and is akin to severe muscle cramps in humans.

Coffee in Bed retuned to the work tab two days later and has worked three times in all for her encore, which includes a half-mile drill in 48.0 seconds eight days ago.

“She tied up and I had to take her out of that race, but she's really been doing well since and I expect a lot,” Mandella said.

In her bow, Coffee in Bed settled just off the pace while racing on the inside under Mike Smith. When she was angled out for racing room entering the stretch drive, Coffee in Bed uncorked an impressive turn of foot to win going away by 1 ¾ lengths. The winning time of 1:10.66 returned a 77 Beyer Speed Figure, which is the co-highest in the field.

Mandella said a good performance on Monday could put Coffee in Bed into the Santa Anita Oaks going 1 1/8 miles.

“There's a chance,” Mandella said of running back in the Oaks. “I'm sure all of us in this race are thinking the same thing.”

Coffee in Bed was a $500,000 auction purchase as a yearling by owner Spendthrift Farm.

The 9-5 second choice on the morning line is Getthemoney, who is making her sophomore bow for trainer Brian Koriner. She has been sidelined since a blowout 6 ½-furlong maiden win when making her second start on Sept. 11 at Del Mar. The effort also earned a 77 Beyer.

“She's had little problems along the way, she's a filly that gets really nervous and has tied up on me a few times,” Koriner said. “That's why it's taken us so long to get her in a race. We had her entered a few weeks ago but scratched because she tied up on us.”

By Midnight Lute, Getthemoney has worked five times for her comeback. Koriner acknowledged a slight concern is the seven-furlong distance, which is an elongated sprint that typically requires plenty of fitness.

“I don't know if she's ready to get seven-eights, but she's a nice filly who's worked well. We'll see what happens,” Koriner said.

The other main principals are maiden winners Lily Poo (7-2) and and Anywho (8-1), who will both be making their first starts for new trainers. Lily Poo earned her diploma sprinting at Del Mar Dec. 2 for trainer Rolando Quinonez. She was subsequently acquired by Eclipse Thoroughbred Partners in a private purchase and is now trained by Michael McCarthy.

Anywho won her one and only start last October for trainer Tom Albertrani at the Belmont at Aqueduct meet in New York. She is now trained by John Sadler for Hronis Racing.

Monday's feature goes as the seventh race with a scheduled post time of 4:11 p.m. The field in post position order: Getthemoney, Hector Berrios (9-5); Coffee in Bed, Mike Smith (6-5); Liberal Lady, Juan Hernandez (8-1); Lily Poo, Ramon Vazquez (7-2); Anywho, Flavien Prat (8-1): Classymademoiselle, Tiago Pereira (20-1).

The post ‘I Expect A Lot’: Allowance Runner Coffee In Bed Could Target Santa Anita Oaks appeared first on Horse Racing News | Paulick Report.

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2023 Kentucky Derby Hopeful Snapshots: Two Phil’s

Welcome to 2023 Kentucky Derby Prospect Snapshots, where we’ll take a look each week at a recent winner on the Triple Crown trail, usually from the Road to the Kentucky Derby schedule from which the racehorses earn points toward qualifying. The 1 ¼-mile, $3 million Kentucky Derby Presented by Woodford Reserve will be held May 6, 2023, at Churchill Downs.

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