Kentucky Lasix Suit To Continue After Judge Reverses His Own Order

The civil suit in Franklin County Circuit Court over a partial Lasix phaseout in Kentucky will continue after a judge granted a motion from the Kentucky Horsemen's Benevolent and Protective Association to set aside, vacate, alter or amend an earlier judgment dismissing the case.

In June, Judge Thomas Wingate had denied a motion from the KHBPA for a temporary injunction to stop Churchill Downs and Keeneland from writing races for 2-year-olds requiring Lasix to be given 24 hours pre-race, rather than the typical four hours. The tracks had begun carding those races while waiting for regulations approved by the Kentucky Horse Racing Commission (also named as a defendant in the suit) to go into effect. The KHBPA contended that the tracks don't have the legal power to card no-Lasix races, since medication regulation is supposed to be made and enforced by the commission.

The tracks and commission argued that existing rules do permit racetracks to card no-Lasix races.

Part of the reason Wingate dismissed the case in June was due to a technical point about associational standing on the part of the KHBPA; “associational standing” in a legal sense refers to whether the organization represents members who had grounds to bring a suit in their own right, whether it is seeking to protect interests relevant to its members and whether the claims it makes require participation of individual members to the suit.

In an order this week, Wingate wrote “the Court understands the Plaintiff's position that it was not given adequate time, once standing was raised, to sufficiently address the issue prior to the Court dismissing the Complaint for lack of standing.”

Now, Wingate wrote, it's likely the matter will be decided on the strength of competing motions for summary judgment from each side in the suit. Wingate ordered the parties involved to set a date for oral arguments in the case within 10 days of granting the KHBPA's motion to vacate on July 29.

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Silvano Colts Dominate National Opener

Bloodstock South Africa’s National Yearling Sale, delayed from its original April calendar date, at last got off and running for its two-day stand on Friday. Topping trade during the opening session was Wilgerbosdrift Stud’s Silvano (Ger) colt out of local wondermare Halfway To Heaven (SAf) (Jet Master {SAf}) (lot 185), whose first two foals are the triple Group 1 winner Rainbow Bridge (SAf) (Ideal World) and champion 3-year-old and five-time Group 1 winner Hawwaam (SAf) (Silvano {Ger}). Hawwaam had been a R1-million yearling purchase by Shadwell South Africa, but his full-brother far outpointed that pricetag when bringing R7-million (£312,679/€347,508) on Friday from Summerhill Equestrian.

In fact, it was sons of Silvano who dominated trade on the day, in the end responsible for the top four prices. Jehan Malherbe of Form Bloodstock signed for the session’s second and third highest-priced colts at R4.5-million (£201,008/€223,384) and R1.8-million (£80,390/€89,353): lot 106, a grandson of multiple champion mare Dancer’s Daughter (GB) (Act One {GB}), and lot 186, whose dam is a half-sister to Horse of the Year Futura (SAf) (Dynasty {SAf}).

John Freeman purchased the fourth Silvano colt, the only other yearling in the session to crack seven figures: lot 109, the third foal out of Group 2 winner Demanding Lady (SAf) (Dynasty {SAf}) and half-brother to the G1 Cape Derby second Charles (SAf) (Trippi) made R1.3-million (£58,059/€64,533).

From 230 yearlings catalogued on the day, 158 were offered and 121 sold for an aggregate of R37,250,000 (£1,663,640/€1,849,127), an average of R307,851 (£13,749/€15,283) and a median of R150,000 (£6,700/€7,447). Comparative statistics will be published after Saturday’s second session of the sale.

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Chester Thomas Looking Forward To By My Standards’ Rematch With Tom’s D’Etat In Whitney

Allied Racing Stables' Chester Thomas will celebrate his first starter at Saratoga Race Course when By My Standards bursts from the gate as one of five millionaires in Saturday's Grade 1, $750,000 Whitney, a 1 1/8-mile test for 4-year-olds and upward.

Whitney Day will feature three Grade 1 events, led by the historic Whitney, with an automatic berth to the Breeders' Cup Classic on November 7 at Keeneland on the line. The card is bolstered by the Grade 1, $500,000 Personal Ensign presented by NYRA Bets, a “Win and You're In” qualifier for the Breeders' Cup Distaff in November; and the Grade 1, $300,000 H. Allen Jerkens Memorial presented by Runhappy for 3-year-olds sprinting seven furlongs. The stakes-laden card also includes the Grade 2, $250,000 Bowling Green for 4-year-olds and up on the turf and the $200,000 Caress, a 5 ½-furlong turf sprint for older fillies and mares. The card will be broadcast on Saratoga Live beginning at 1 p.m. Eastern on FOX Sports and MSG Networks.

Trained by Bret Calhoun, the son of leading third-crop sire Goldencents has already given Thomas a couple of “firsts” in providing the Kentucky native with a first graded stakes win in the Grade 2 Louisiana Derby last March at Fair Grounds, which propelled him to the Grade 1 Kentucky Derby – Thomas' first starter in the 'Run for the Roses' – where he was elevated to 11th.

By My Standards arrives at the Whitney off a runner-up effort to Toms d'Etat, the Whitney's 6-5 morning line favorite, in the Grade 2 Stephen Foster on June 27 at Churchill Downs where he tracked the pace but was unable to catch the leader, who set a tepid pace under Miguel Mena.

“Our horse came out of the race very well,” Thomas said. “He kept his weight up and we're competitive and we like to win, but these races aren't easy. Toms d'Etat ran a huge race at Churchill. I give Miguel Mena a lot of credit, he took control of the race right out of the gate. The fractions were fairly slow at the beginning, and you aren't chasing a horse like that down with those kinds of fractions. Coming in second is not bad, so we're looking forward to trying again.”

Following the Kentucky Derby, By My Standards received a freshening but returned with a six-length optional claiming victory at Fair Grounds which he followed up with Grade 2 scores in the New Orleans Classic and Oaklawn Handicap.

“He's by far better than he was last year. He was coming into himself very well,” Thomas said. “The Louisiana Derby shocked everybody, and we thought he had a real shot in the race back then. The Derby was hard on him and we gave him all the time off he needed. He got his foot issues squared away and Bret has been meticulous with everything he's done.”

By My Standards defeated eight graded stakes winners, including subsequent Grade 2 Suburban victor Tacitus in the Oaklawn Handicap, registering a 102 Beyer Speed Figure.

“The races haven't gotten any easier, especially the Oaklawn Handicap. That was a stacked race,” said Thomas. “We're excited to be a part of it and hopefully we can get our first Saratoga win.”

Thomas, who also owns multiple graded stakes winner Mr. Money and stakes winner Mr. Big News with Calhoun, said he hopes for another strong race on Saturday from By My Standards.

“Bret has done just a beautiful job. The horse has come back and is doing really well,” Thomas said. “No doubt this is a very tough race even with only five horses. They're all very, very good horses. Code of Honor is clearly a super horse. Toms d'Etat is a super horse, so it's going to take a super horse to win that race Saturday.”

Thomas could double up his Saratoga starters with Mr. Big News, who is a possibility for the $500,000 Saratoga Derby, part of the Turf Triple Series for 3-year-olds at 1 3/16-miles on August 15.

“His pedigree screams turf,” Thomas said of the sophomore son of Giant's Causeway, who won the Oaklawn Stakes two starts back. “In the Blue Grass, he stumbled out of the gate and the track was speed-biased. It might be a good time to look at turf racing with him.”

Bred in Kentucky by Don Alberto Corporation, Mr. Big News is out of the Galileo mare Unappeased, who is a half to multiple graded stakes winner on grass Sligo Bay.

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This Side Up: D-Day for Baffert’s Coolmore Pair

He’s like the clean-cut, wide-eyed rookie sent into the lines, trying to read the expressions of the relieved troops. What might the likes of Charlatan (Speightstown) and Nadal (Blame) tell this star cadet, as they hand over the trenches, to steel him for the challenges ahead? Cezanne (Curlin) probably thinks they could do with a shave, and shouldn’t be smoking on duty. But then he will notice the medals on their chests, and start to ask himself whether he too will step up; whether he will live up to everything his instructors thought they could see on the parade ground.

Charlatan and Nadal won early battles, of course, before being forced out of the GI Kentucky Derby trail, but their general Bob Baffert has already ordered reinforcements into the breach. Uncle Chuck (Uncle Mo) is evidently going after the East’s leading colt next weekend, and meanwhile he deploys Cezanne against the premier sophomore on his home front.

Having previously professed faith in the calm genius of his trainer, we will defer for now what would otherwise seem the obvious concern about Honor A.P. (Honor Code): that he will be required to beat more horses in a single race, come Derby day, than he will have encountered in his whole life outside maiden company. Instead we’ll focus not just on Cezanne, but on another Baffert sophomore who likewise weaves a fascinating sub-plot into an epic Saturday.

Cezanne and Eight Rings (Empire Maker) have very different profiles, to this point, but they do have one important thing in common. The critical tests they undertake, on either coast, will go a long way to determining the yield (or otherwise) on hefty investment made by John Magnier and various partners.

For Magnier, having brought consecutive Triple Crown winners to Ashford out of his barn, has shown his faith in the Baffert program by seeking its next champions at a rather earlier stage of their development.

Cezanne topped the Gulfstream Sale last year, at $3.65 million; and it’s safe to assume that pretty giddy stakes were also required to complete a deal to stand Eight Rings, on his retirement, just days before he lined up for the GI TVG Breeders’ Cup Juvenile. An Eclipse Award was plainly in the offing that day, but he blew what hindsight suggests to have been a golden opportunity and fared no better when resurfacing at Oaklawn in the spring.

Since returning to the worktab, however, Eight Rings has teased his ownership group–a formidable assembly, even before the advent of Coolmore–that he may yet turn things round. In his four latest breezes, he has clocked a quicker time than 209 of 212 other animals going the same distance. And it’s not as though his reputation ever depended only on what he did in the mornings. Juveniles don’t make all in Grade I races, roaring away by six lengths with the eventual class champion toiling in third, unless they have a ton of natural talent.

We know that Thoroughbreds are complicated creatures, seldom with a single lock taking a single key. But if Baffert has figured out where the real Eight Rings has been hiding, his latest comeback in the GI Allen Jerkens S., presented by Runhappy, could yet intrude on back-to-back weekends potentially showcasing sons of Violence–No Parole succeeding Volatile–as the fastest of their respective crops.

Cezanne, for his part, holds rather more appeal for romantics (whose instinct is naturally to root for the underdog) than tends to be the case with sale-toppers. Apart from anything else, we do occasionally need our beliefs regarding pedigree, conformation and so on to work out sufficiently for this business to be sustainable and, if Cezanne is to prove one of the poster boys, then that’s a gratifying prospect for the many friends of the late J.J. Crupi.

Nobody cherished Crupi more than Vinnie Viola of St Elias Stables, who co-bred Cezanne and retained a stake after his sale. Not merely because he acquired Liam’s Map (Unbridled’s Song) through Crupi as a yearling, and also shared in the success of Always Dreaming (Bodemeister), but primarily because of an exceptional personal rapport.

On losing his friend, just weeks after the Fasig-Tipton sale, Viola’s tribute was pitch-perfect. Anyone can achieve a superficial eloquence by sheer craft, by an intelligent sense for the weight or rhythm of words. But you can only introduce that authenticating, third dimension when you also talk from the heart, as Viola did then. Even as he grieved Crupi, he made him live again. For most of us, even everyday situations tend to leave us only groping towards what we wish to convey. But here was an occasion when the usual poverty of language was rendered equal to the richness of a human life. So while firmly committed to Honor A.P., I do wish Mr. Viola and his partners well with Cezanne in the Shared Belief S.

Besides, he is out of a Bernardini mare. It is only a few days since we celebrated this extraordinarily precocious broodmare sire, but already yet another of his daughters has since produced a Grade I winner in Paris Lights (Curlin). This year, of course, Bernardini also has a colt in play for the Derby–and the people behind Art Collector certainly command respect and affection, too, as we’ll be reiterating in the days ahead.

In the meantime Cezanne can seek a chink in the Honor A.P. armour that seems likely to close up once he gets a chance to use that low, unrelenting stride over a longer distance. Whatever he may lack in seasoning, Honor A.P. at least seems sure to relish the stamina demands of the Churchill cavalry charge.

One way or another, it’s a day when Coolmore’s chips with Baffert are piled pretty high. Eight Rings was named for the Super Bowl accomplishments of football coach Bill Belichick, who was apparently also in mind (though I’m straying well beyond home ground here) in Bon Jovi’s Bounce: ‘I’ll take the hit but not the fall’ etc. Though some may have counted Eight Rings out, this is the day he could well come bouncing back again.

But it’s a famous line from Belichick himself that comes to mind with Cezanne: “Talent sets the floor, character sets the ceiling.”

I don’t know what they engraved on Crupi’s tomb instead, but that would surely have met the case just as well.

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