April, 2023 | Horse Racing Free Tips

Judge Orders Gulf Coast vs. HISA Case Transferred To Same Division As NHBPA Suit

An Amarillo Division federal judge in Texas on Thursday ordered the most recently filed lawsuit out of four active nationwide cases all trying to overturn the Horseracing Integrity and Safety Act (HISA) to be transferred to the Lubbock Division that is currently handling the National Horsemen's Benevolent and Protective Association (NHBPA)'s similar and recently remanded complaint.

The Apr. 6 order by U.S. District Judge Matthew Kacsmaryk (Northern District of Texas, Amarillo Division) comes more than eight months after the litigation was initiated on July 29, 2022, and just one day after the plaintiffs in the Amarillo case asked for a temporary restraining order and motion for preliminary injunction to halt the enforcement of HISA.

The plaintiffs in the case are Global Gaming LSP, a limited liability company that owns Lone Star Park; Gulf Coast Racing LLC, the owner of a greyhound track that no longer conducts live racing in Nueces County, and both LRP Group Ltd. and Valle De Los Tesoros, which are two limited partnerships separately looking to operate new horse tracks in south Texas.

The defendants are the HISA Authority and the Federal Trade Commission.

“Here, Plaintiffs have asked for extraordinary relief in asking for a TRO and a preliminary injunction,” the judge wrote. “Aside from the merits, at issue in the TRO is whether [the] NHBPA [case's 30-day injunction out of the Lubbock Division] remains binding on Defendants.”

The judge outlined the chronology of the two cases that led to his decision.

“In November 2022 the Fifth Circuit held that HISA violated the private nondelegation doctrine [in the NHBPA appeal]. On Dec. 23, 2022, Congress enacted legislation amending the operative language of HISA to purportedly cure the constitutional defect. The amendment was signed into law by President Biden on Dec. 29. Defendants then filed a motion to vacate the Fifth Circuit panel opinion and a petition for panel rehearing. On Jan. 31, 2023, the Fifth Circuit denied Defendants' motions and remanded the case to the Lubbock Division.”

The judge continued: “Because the Fifth Circuit remanded that case back to Lubbock, the Lubbock Division is in the best position to answer these questions. The issues raised by this case and the Lubbock Action substantially overlap. Both cases involve plaintiffs representing the horseracing industry. Both cases involve the same defendants. Both challenge the constitutionality of HISA. The proof adduced to resolve these claims will likely be identical. And the plaintiffs in both cases share the same ultimate objective.

“The Lubbock Action was filed more than a year before this case was filed and the Lubbock Division is much more familiar with the applicable law,” the judge's order continued. “Thus, the principles that underlie the first-to-file rule justify transferring this case to the Lubbock Division.

Quoting from precedents, the judge stated the legal basis for transferring the case.

“Under the first-to-file rule, when related cases are pending before two federal courts, the court in which the case was last filed may refuse to hear it if the issues raised by the cases substantially overlap. The rule rests on principles of comity and sound judicial administration. The concern manifestly is to avoid the waste of duplication, to avoid rulings which may trench upon the authority of sister courts, and to avoid piecemeal resolution of issues that call for a uniform result.”

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‘My Heart Is In Horse Racing’: Kelly Breen Saddles 1,000th Winner At Gulfstream

Edge Racing's Gentleman Gerry, a 3-year-old son of 2017 Florida Derby (G1) and Kentucky Derby (G1) winner Always Dreaming, edged past pacesetting Rio Moon approaching the wire to give trainer Kelly Breen his 1,000th career victory Thursday at Gulfstream Park on opening day of the Royal Palm Meet.

Ridden by Paco Lopez, who has teamed with Breen for much success over the years, Gentleman Gerry ($6.20) covered one mile over a firm turf course in 1:36.45 to win the maiden claiming event for 3-year-olds in his fifth career start.

Breaking from Post 4, Lopez settled Gentlemen Gerry in mid-pack as Rio Moon took the nine-horse field through a quarter-mile in 23.46 seconds and a half in 47.84. Lopez moved up to third on the far turn and remained on the rail before tipping out two wide in the stretch to run down the leader.

Gentleman Gerry, sent off as the 2-1 betting favorite, was Breen's lone starter on Thursday's eight-race program.

“It's a little bit of a monkey off my back because it's been over three weeks in between wins and a lot of seconds,” Breen said. “I have to [give credit] to my whole crew. I have a crew in New York and I have a crew down here. We all work hard. It's not just me, it's a team. It's awesome.”

Breen, 53, grew up in Old Bridge, N.J. as the youngest of four children and was introduced to racing at the age of 12 when his father would take him to nearby Monmouth Park. A standout schoolboy wrestler and soccer player, he initially wanted to become a jockey, working as an exercise rider for leading trainer Walter Reese.

A growth spurt curtailed his dream of becoming a jockey, but by the time he was 18 Breen was working as an assistant to trainer Scooter Dickey. Soon he was exercising horses as an assistant to trainer Jon Forbes, while splitting time between the racetrack and his family's steamfitting business.

Breen operated a small stable from 1992 to 1994, winning his first race with Contarito Oct. 24, 1992 at The Meadowlands. After working as an assistant to trainer Ben Perkins Jr. from 1994 until Perkins' retirement in 2000, Breen went out on his own again and became a private trainer for George and Lori Hall and the end of 2006.

Based at Monmouth Park, where he was leading trainer in 2005, 2006 and 2020, he achieved national recognition when the Halls' Ruler On Ice pulled off a 24-1 upset of the 2011 Belmont Stakes (G1) – his first career stakes win after a third in the Sunland Derby (G3) and a second in the Federico Tesio.

Ruler On Ice would go on to run second in the Pennsylvania Derby (G2), third in the Haskell (G1) and Breeders' Cup Classic (G1) and fourth in the Travers (G1). That same year, also for the Halls, Breen won the Louisiana Derby (G2) and Pegasus (G3) and ran ninth in the Kentucky Derby (G1) with Pants On Fire.

Now operating a public stable, Breen has won more than two dozen graded stakes with horses such as Bern Identity, Stonetastic, Miss Sky Warrior, Valedictorian and Firenze Fire.

“I think it means more because I knew my time would have been limited if I ever even was to ride or race or anything like that. I wouldn't have been around for a career,” Breen said. “My heart is in horse racing. I'm here to stay.”

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Anamoe vs. Dubai Honour At The Championships

The “Championships at Randwick” will climax this Friday night with a hotly anticipated clash of hemispheres between Australia's best racehorse, Anamoe, and English raider, Dubai Honour. In the mold of the Breeders' Cup, more than AU$27 million in riches are distributed across eight Group 1 races at The Championships, which began last Friday night and provided some huge payouts and great value for horseplayers. Sky Racing World's Jason Witham and FanDuel TV's Andrew “Dubbs” Anderson will be broadcasting live from Sydney's Royal Randwick on FanDuel TV. First post is 9:40 p.m. ET / 6:40 p.m. PT.

The AU$5 million Queen Elizabeth Stakes (Race 8) has echoes of the epic battles between English warrior, Addeybb, and Australian Horse of the Year, Verry Elleegant, who crossed swords four memorable times in 2020 and '21. This year, Dubai Honour has seamlessly adopted the role of Addeybb, with the same English trainer-jockey combination of William Haggas and Tom Marquand. And Anamoe will inevitably be voted Horse of the Year for the current Australian season. Coincidentally, the pair won successive races on the same March 17 card at Rosehill. Dubai Honour pulverized Group 1 opposition in a spectacular Australian debut at the Queen Elizabeth distance of 1 1/4 miles. Forty-five minutes later, Anamoe overcame a difficult trip to score a hard-fought, courageous win at 7 1/2 furlongs. That victory extended his world record for Group 1 wins by a Godolphin horse to nine. The Queen Elizabeth will be Anamoe's final race on Australian soil, before the 4-year-old champion son of Street Boss is sent to Royal Ascot.

Bookmakers are finding Dubai Honour and Anamoe inseparable, quoting each at 3-2 (ironically, they have even drawn adjacent post positions). However, both James Cummings, Anamoe's trainer, and Haggas have cautioned against considering the Queen Elizabeth a two-horse race. Given the growing global impact of Japanese horses, Unicorn Lion (10-1) should not be taken lightly – nor should his trainer.

In 2021, Yoshito Yahagi became the first Japanese trainer to win a Breeders' Cup race (he actually had two winners at Del Mar: Loves Only You and Marche Lorraine). Yahagi had already won a jewel of Australian racing, the W.S. Cox Plate in 2019 with star mare Lys Gracieux. The 62-year-old's visit to Royal Randwick is a homecoming of sorts, as he started his career at Randwick in 1981 at age 20. Yahagi gained invaluable experience working for Australian Hall of Fame trainer Neville Begg, whom he respectfully remembers as his “master.” As a champion trainer in Japan who has won numerous high-level races in five other countries – including February's Saudi Cup with Panthalassa – Yahagi now commands his own respect and is “really excited to be back here.”

The Sydney Cup (Race 7) is Australia's second-best two-mile race – no embarrassment, given the Melbourne Cup's status as one of the world's great sporting events. Twenty horses will exit the gate, with 3-1 favorite Cleveland having to overcome one of the widest draws. Trained by Ireland's Joseph O'Brien, Cleveland closed encouragingly in his Australian debut when fifth at 1 1/2 miles in the G1 Tancred Stakes. King Frankel (7-1) and Arapaho (12-1) beat home Cleveland in the weight-for-age Tancred; all three will enjoy sizeable weight drops under the Cup's handicap conditions.

The powerhouse training combination of Ciaron Maher and David Eustace will saddle their winner and third-place finisher from last November's Melbourne Cup, Gold Trip (8-1) and High Emocean (10-1). Gold Trip is endeavoring to become just the fifth horse to win the Melbourne and Sydney Cups in the same season (both races were inaugurated in the 1860s). He will appreciate the anticipated softer conditions than in his prep races, but Gold Trip rises to 131 pounds after winning the Melbourne Cup with 126. He will concede 15-21 pounds to his aforementioned rivals, including stablemate High Emocean, who finished in similarly pleasing fashion to Cleveland in her final tune-up at 1-5/8 miles. O'Brien also trains 14-1 shot Baron Samedi, who won the 2021 G2 Belmont Gold Cup at two miles in the U.S.

The Australian Oaks (Race 6) features Pavitra (5-2), a daughter of American Pharoah who placed second in last November's G1 Victoria Oaks and in another Group 1 race two weeks ago. Pennyweka (4-1) is a $22,000 supplemental entry, after winning the G1 New Zealand Oaks at the same distance (1 1/2 miles) as its Sydney counterpart. Arts (7-1) has been the best supported runner since impressively landing a 25-1 upset in a Group 3 prep race, at only her third career start. Polygon (9-1) is another New Zealand-trained threat, with two Australian prep races under her belt.

The Queen of the Turf Stakes (Race 9) showcases fillies and mares at a mile. Enormous interest surrounds the Australian debut of Alcohol Free, who boasts Group 1 wins in England at 2, 3 and 4 years. Her most recent race was at Goodwood last summer, when third behind 10-for-11 superstar Baaeed and dual Breeders' Cup winner Modern Games. In November, she became the second-highest priced horse ever sold at a European auction, bringing approximately US$7.3 million. A name to which few Aussies could relate, Alcohol Free nonetheless heads the wagering at 5-2 after winning a recent “barrier trial” (training race).

The Randwick card will be broadcast live on FanDuel TV this Friday night (First Post: 9:40 p.m. ET / 6:40 p.m. PT) alongside cards from Newcastle, Doomben and Ascot. All races will be live-streamed in HD on the new Sky Racing World App, skyracingworld.com and major ADW platforms such as TVG, TwinSpires, Xpressbet, NYRABets, WatchandWager, HPIbet, and AmWager. Wagering is also available via these ADW platforms. Fans can get free access to live-streaming, past performances, and expert picks on all races at skyracingworld.com.

A native of Brisbane, Australia, Michael Wrona has called races in six countries. Michael's vast U.S. experience includes; race calling at Los Alamitos, Hollywood Park, Arlington and Santa Anita, calling the 2000 Preakness on a national radio network and the 2016 Breeders' Cup on the International simulcast network. Michael also performed a race call voiceover for a Seinfeld episode called The Subway.

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America’s Best Racing, National Steeplechase Association Join Forces To Livestream Middleburg Spring Races

America's Best Racing, a fan-development and awareness-building platform launched by The Jockey Club to increase the profile and visibility of horse racing, has partnered with the National Steeplechase Association to broadcast the Middleburg Spring Races at Glenwood Park in Virginia later this month.

The two-hour livestream, scheduled to begin at 1 p.m. when the field heads to the post for the first of eight races worth $250,000, will be hosted by ABR's Dan Tordjman, NSA personality Megan Connolly, and Briana Mott from Stable Duel, another NSA partner this spring that allows fans to compete for cash prizes by picking winners during the spring jump racing season. Longtime NSA supporter Brown Advisory is sponsoring the event. The live broadcast will also feature guests who will discuss steeplechasing, the Virginia Hunt Country lifestyle, the local Piedmont Heritage area, and more. You can access America's Best Racing by clicking here.

The idea for the broadcast came from a synergistic meeting between ABR's Tordjman, manager of business development and sponsorships, and Connolly.

“I wanted to see how the NSA could partner with ABR to showcase steeplechasing to a broader racing audience,” she said. “As ABR is the marketing arm of the Jockey Club, this is exactly what they do; engage with racing fans, create robust content and show the fun side of racing. They have gone to Far Hills in the past and see steeplechasing as another product to expose their followers to.”

And the potential to expose jump racing to the wider racing audience is significant. America's Best Racing has nearly 500,000 online followers, and those who tune in will get to witness the sport at its best. Middleburg is a showcase for Eclipse Award-caliber talent, and the featured Grade II $100,000 Temple Gwathmey hurdle stakes is often a stepping stone for horses aiming for the Grade I Iroquois stakes in Nashville several weeks later.

“We are extremely excited to partner with the National Steeplechase Association on this first-of-its-kind livestream from the Middleburg Spring Races,” Tordjman added. “At America's Best Racing, we're committed to promoting the best racing, heightening the buzz around big events and sharing the stories that spark fandom. Given the history at Middleburg and the scene at Glenwood Park every spring, there couldn't be a more appropriate moment for ABR to jump into the steeplechase world.”

About America's Best Racing: Through expert content, human and equine interest features, award-winning video content, livestream, second-screen productions, and wide-reaching programs, America's Best Racing introduces the love of horse racing to the next generation of fans, turning them into lifelong fans of the sport and lifestyle. For more information about “A Stake in Stardom” and the Road to the Triple Crown visit americasbestracing.net. You can follow America's Best Racing at americasbestracing.net as well as on social media platforms Facebook, Twitter, Pinterest, YouTube, Instagram, and TikTok.

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