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Court Overturns CHRB Decision Awarding Rosario Double Jockey Fee In 2017 Breeders’ Cup Distaff

In a precedent-setting victory for horse owners' rights this Monday, the Court of Appeals overturned the California Horse Racing Board's 2017 decision to award $100,000 in double jockey fee to Joel Rosario.

The Court held that, under the conditions presented by this case, California statute prohibited the stewards from awarding a double jockey fee to Rosario, who was removed from the mount on owner/breeder Charles Fipke's mare, Forever Unbridled, prior to the draw of the 2017 Breeders' Cup Distaff.

The CHRB awarded a double jockey fee to Joel Rosario after owner Fipke decided to remove Rosario from the mount and replace him with jockey John Velazquez. Forever Unbridled subsequently won the 2017 race.

The appellate court ruled that Mr. Fipke engaged in conduct permitted by CHRB rules and that under the facts of this case, an award of a double jockey fee was precluded by California statute.

Fipke was represented by attorneys Darrell Vienna and Carlo Fisco.

“The law appeared to be clearly and straightforwardly in Mr. Fipke's favor.” said attorney Carlo Fisco. “Therefore Mr. Fipke must be
commended for staying the course in seeking a fair and just decision. Owners now have a level of protection going forward and the industry also stands to gain from the clarification supplied by the appellate court.”

Attorney Darrell Vienna added: “This decision which defines and clarifies the rights of horse owners has been a long time coming. Thanks to the patience and fortitude of Mr. Fipke in pursuing this matter, the rights of horse owners have been further defined and clarified.”

Fipke stated: “I pursued this case because I believe that horse owners have the right to make decisions regarding their horses and ensure that I and other horse owners are neither denied that right nor subjected to arbitrary and unfair sanctions for exercising that
right.”

The CHRB was also ordered to pay appellant's costs as a result of the decision.

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Oaks Winner Shedaresthedevil Headed For Vacation, Will Return For Oaklawn Meet

Third against older fillies and mares in Sunday's Grade 1 Spinster at Keeneland, Kentucky Oaks winner Shedaresthedevil will now be given some time off, reports the Daily Racing Form. Trainer Brad Cox said the 3-year-old daughter of Daredevil will be rested ahead of a planned campaign at Oaklawn Park this winter.

“She went too fast, too early,” Cox said of the Spinster, in which Shedaresthedevil was defeated 3 1/4 lengths by Valiance after setting the pace. “She never got a breather. It was a lot to ask, bringing her back in four weeks.”

Cox confirmed that Shedaresthedevil will skip the Breeders' Cup, scheduled for Nov. 6-7 at Keeneland.

Thanks for everybody's texts today! 😈 looks great post race and will get a little vacation. She will see everybody at Oaklawn in the spring! After the last 2 big efforts, she deserves a little r&r! pic.twitter.com/TWKHY1vU6Q

— Flurry Racing Stables (@Flurry_Racing) October 5, 2020

Swiss Skydiver Vaults To Third Position In NTRA Top 3-Year-Old Poll

Peter Callahan's Swiss Skydiver made history this past weekend when she became just the sixth filly to capture the Preakness Stakes, a stirring effort that allowed the daughter of Daredevil to move up the ranks in the National Thoroughbred Racing Association (NTRA) Top 3-Year-Old Poll.

Trained by Kenny McPeek, Swiss Skydiver came into the 1 3/16-miles Preakness off a runner-up effort in the September 4 Kentucky Oaks and had won four other graded races this season, including the Grade 1 Alabama Stakes. The chestnut filly outdueled Kentucky Derby winner Authentic by a neck in the Preakness to assert herself as the leader of the sophomore filly ranks, earning 11 first-place votes and 359 points to move up to third overall in the poll.

Authentic, who was 9 ¾ lengths clear of third-place finisher Jesus' Team, lost the final leg of the 2020 Triple Crown but still holds the top spot in the poll with 18 first-place votes and 378 points. Belmont and Travers Stakes winner Tiz the Law is second with 14 first-place votes and 369 points while Grade 2 winner Art Collector (249 points) dropped one spot to fourth, just behind Swiss Skydiver.

Grade 1 winner Honor A. P., who has been retired to stud, remains fifth with 155 points followed by fellow top-level winner Gamine (128 points) and Kentucky Oaks winner Shedaresthedevil (112) in seventh. Max Player (110 points) ranks eighth while Thousand Words (52) and Jesus' Team (45) complete the top 10.

Authentic's older stablemate Improbable remains out front in the NTRA Top Thoroughbred Poll with 34 first-place votes and 401 points. The son of City Zip has won three straight Grade 1 contests with his latest triumph coming in the September 26 Awesome Again Stakes at Santa Anita Park.

Champion Maximum Security, runner-up in the Awesome Again Stakes, remains second with 2 first-place votes and 303 points. Tom's d'Etat (2 first-place votes, 249 points) is third followed by multiple Grade 1 winner Vekoma (2 first-place votes, 245 points) and champion Monomoy Girl (1 first-place vote, 213 points).

Multiple graded stakes winner By My Standards remains sixth with 160 points while Authentic (127 points) moves up to seventh – the highest ranking sophomore on the Top Thoroughbred Poll. Tiz the Law (115 points) is eighth followed by Swiss Skydiver (114) and multiple Grade 1 winner Rushing Fall (75).

The NTRA Top Thoroughbred polls are the sport's most comprehensive surveys of experts. Every week eligible journalists and broadcasters cast votes for their top 10 horses, with points awarded on a 10-9-8-7-6-5-4-3-2-1 basis. All horses that have raced in the U.S., are in training in the U.S., or are known to be pointing to a major event in the U.S. are eligible for the NTRA Top Thoroughbred Poll. Voting in both the Top Three-Year-Old Poll and the Top Thoroughbred Poll is scheduled to be conducted through the conclusion of the Breeders' Cup in November.

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Into Mischief Bumped to $225,000 for 2021

Into Mischief (Harlan’s Holiday–Leslie’s Lady, by Tricky Creek), the reigning leading general sire whose son Authentic became his first Classic winner in the GI Kentucky Derby last month, will command a fee of $225,000 for the 2021 breeding season, officials at Spendthrift Farm have announced. The sire of 26 stakes winners and 11 graded winners in 2020, the 15-year-old stood for $175,000 this past year. Only War Front ($250,000) currently stands for a larger advertised fee.

Also the sire of the brilliant dual Grade I-winning ‘TDN Rising Star’ Gamine, Into Mischief was also represented just this past weekend by the impressive GII Bourbon S. winner and ‘Rising Star’ Mutasaabeq and GII Gallant Bloom H. and fellow ‘Rising Star’ Frank’s Rockette. Each could make their next appearances on Breeders’ Cup weekend Nov. 6 and 7. In addition to Mutasaabeq, the stallion’s other juvenile graded winner of 2020 is the filly Dayoutoftheoffice, who won the GIII Schuylerville S. at Saratoga. With progeny earnings approaching $14 million, Into Mischief retains a stranglehold on the top spot among this year’s leading sires according to TDN Sire Lists.

Into Mischief’s commercial appeal has also skyrocketed this season, as he ranks second among active sires by yearling average. Some 74 foals from his 2019 (from 106 offered at public auction) have sold for an average of $434,405, according to TDN Sales Statistics. He was represented by no fewer than five seven-figure horses at Keeneland September last month, including a $1.9-million daughter of Taylor S (Medaglia d’Oro) that was hammered down to one of the stallion’s biggest supporters, Larry Best’s OXO Equine.

“In our minds, there was only one box left to tick for Into Mischief and that was siring a classic winner. Authentic was able to do that pretty emphatically in the Kentucky Derby, and we continue to believe the best is still to come for Into Mischief,” said Ned Toffey, general manager at Spendthrift. “Authentic, Gamine and these 3-year-olds were bred on a $45,000 fee, and Into Mischief has continued to cover better books every year. It has been gratifying to see him thrive in the sales arena, including having the second-highest yearling average along with more seven-figure yearlings than any other North American sire in 2020. Into Mischief is the best sire in the world and set to continue to prove it. We are also confident he will become an important sire of sires and have shown that in our commitment to acquiring his best sons.

Toffey continued, “We think he is making a positive impact on the breed that will be felt for years to come, particularly with the heart and durability that are signatures of his offspring. Into Mischief is just a remarkable animal that has the chance to be among the very best the breed has seen, and we feel extremely fortunate to have him.”

Spendthrift plans on releasing fees for the remainder of its roster later this week.

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