Amr Zedan | Horse Racing Free Tips

Baffert, Zedan Again Denied Relief in KY Court of Appeals

Two weeks after a Kentucky Court of Appeals judge denied trainer Bob Baffert and owner Amr Zedan an “emergency” stay in their fight against the penalties levied against them by the Kentucky Horse Racing Commission (KHRC) over Medina Spirit (Protonico)'s betamethasone positive in the 2021 GI Kentucky Derby, a separate three-judge panel denied a motion for interlocutory relief that will keep the case from proceeding any deeper in that same court.

The Apr. 15 ruling did, however, note that the judges' order was not a ruling on the merits of the arguments related to Baffert's 90-day suspension and $7,500 fine or Zedan's being stripped of both his Derby-winning status and Medina Spirit's share of the purse.

On Mar. 21, a Franklin Circuit Court judge initially denied the trainer and owner's request to force the KHRC to impose any sort of stay on those sanctions. Baffert and Zedan then decided to kick the Franklin court's denial up to the higher Court of Appeals on Mar. 24. When the appeals court judge ruled against the “emergency” request Apr. 1, Baffert and Zedan asked for further court intervention via requests for interlocutory relief and a chance to make oral arguments on their own behalf.

Separately, the KHRC had also filed to dismiss the entire proceeding, but that motion was also denied within the same three-judge ruling (which effectively stopped the case from going forward anyway with the denial of Baffert and Zedan's request for interlocutory relief).

“[T]he circuit court did not err in determining that the equities of the situation mitigate against injunctive relief,” the three-

judge order stated. “We echo the circuit court's assessment that 'it is imperative to ensure public confidence in the Commonwealth's signature industry'…

“[T]he penalties the Stewards assessed upon Baffert may ultimately be reversed [but] Baffert's interest in staying enforcement of the Stewards' Ruling does not necessarily trump the public interest in the integrity of Thoroughbred horse racing and the safety of the horses,” the Apr. 15 order continued.

Baffert is now two weeks into his 90-day suspension, which is being appealed at the KHRC level. Depending on timing, the suspension could very well run its course before that administrative process gets underway or even results in a decision.

The Hall-of-Fame trainer's legal team had previously argued in court filings that “Baffert's income from racing is almost entirely linked to a horse's performance in a given race. There is simply no way to conclusively determine how his horses would have performed in the races taking place during his suspension. Missing out on the prestigious Triple Crown races (and many others) in 2022 is irreparable harm to a trainer like Baffert as the opportunity to compete in them can never be regained and the lost opportunity is not subject to remuneration.”

The three-judge Apr. 15 ruling dissected Baffert and Zedan's motions as follows:

“Neither Movants' motion for emergency relief, disposed of by this Court's April 1, 2022, Order, nor their motion for interlocutory relief, advances any specific argument as to 1) how or why Movant Zedan Racing Stables, Inc., will suffer irreparable harm from the circuit court's denial of a temporary injunction; or 2) what particular interim relief Zedan Racing Stables, Inc., seeks from this Court…

“In the April 1, 2022 Order, the Court pointed out that the motions, as they pertain to Zedan Racing Stables, Inc., are lacking in these respects…. Despite the Court's drawing attention to these omissions, Zedan Racing Stables, Inc., has not filed a motion for leave to supplement the motion for interlocutory relief, nor has Amr F. Zedan moved to intervene herein. In light of this failure to act, the Court denies the motion for…relief as it pertains to Zedan Racing Stables, Inc., and will consider the motion with respect to Baffert only.”

The order continued: “The circuit court's March 21, 2022, order addressed two separate claims made by Baffert [but] the statutory procedure under [Kentucky state law] is a complete and adequate remedy in itself, thus undermining any claim that Baffert could have properly sought a temporary injunction in the circuit court…

“This Court lacks a sufficiently developed record to assess Baffert's contentions of error,” the Apr. 15 order summed up. “Furthermore, because we have concluded the circuit court did not abuse its discretion in finding that Baffert failed to show he would suffer irreparable injury in the absence of injunctive relief, resolving the question whether Baffert has shown a substantial question on the merits is not necessary to our decision today.”

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“No Grudges”: Zedan Returns to Ky Derby

Less than a year after an apparent win in the GI Kentucky Derby turned into a nightmare for Amr Zedan, the owner is set to return to Churchill Downs with a chance to wash the bad taste out of his mouth. A win by GI Runhappy Santa Anita Derby winner Taiba (Gun Runner) would be a redemptive one after his Medina Spirit (Protonico) was disqualified from the win in the 2021 Derby after testing positive for the substance betamethasone, which kicked off what has been a bitter fight waged by Zedan and trainer Bob Baffert on one side and Churchill Downs and the Kentucky Horse Racing Commission on the other.

But Zedan doesn't see it that way.

“I go into the Kentucky Derby with absolutely no ill feelings toward anyone,” Zedan said. “I carry no grudges. I just keep walking, keep going. The due process is in process and I firmly believe that when it comes to our case we will have a satisfactory ending to to the saga. Absolutely, there will be no sense of redemption or wanting to get even with anybody.”

Imagine, though, a scenario where Zedan accepts a trophy from his adversaries, like Churchill Downs Inc. CEO Bill Carstanjen. Zedan says that won't be a problem.

“I haven't sued Churchill Downs,” he said. “I have absolutely no ill feelings toward anybody. The racing commission made their decision, which I have the right to disagree with and, according to the law, I have the right to appeal. Right now we are in the appeals process. The most civilized thing to do when it comes to the dispute is to appeal to the right jurisdictions and that's what we are doing.”

As recently as the beginning of March it didn't appear that Zedan had a horse for this year's Derby. Taiba sold for $1.7 million as a 2-year-old at the 2021 Fasig-Tipton Gulfstream same, but had a few minor issues that prevented him from racing as a 2-year-old. Taiba didn't make his debut until March 5 when he ran away from his competitors to win a six-furlong Santa Anita maiden by 7 ½ lengths, earning a 103 Beyer figure.

After Taiba's debut, Baffert was forced to accept a 90-day suspension handed down by the Kentucky Racing Commission for the betamethasone positive and the colt was turned over to trainer Tim Yakteen

His debut was a promising performance, but conventional wisdom suggested that it was a matter of too little, too late when it came to the Derby. At least that's what Yakteen and Zedan's bloodstock advisor Gary Young told the owner. They were against running in the Santa Anita Derby.

“They wanted to wait things out and then target the Lexington,” Zedan said. “I had to overrule everybody. I told them that our entire program was built around trying to win the Kentucky Derby. I didn't want to go to bed at night knowing that we didn't give it our best chance. I thought we had to give him a shot. Sometimes talent compensates for experience and he showed that.”

It was a huge test, and one he passed with surprising ease.

Facing off against GII San Felipe S. winner Forbidden Kingdom (American Pharoah) and stablemate and GIII Robert B. Lewis S. winner Messier, Taiba appeared to have his hands full and was sent off at 4-1. With Mike Smith replacing John Velazquez, who stuck with Messier, Taiba got past Messier inside the final furlong and drew clear to win by 2 1/4 lengths.

“Considering everything, it was a real relief that we pulled this off,” Zedan said. “Everyone on the team was ecstatic.”

The Santa Anita Derby was far from an easy spot, but Zedan knows that the Kentucky Derby will be much tougher.

“There are so many more moving targets now,” he said. “You have the post position draw to worry about, the kickback, the traveling, a 20-horse field and not a five or six-horse field. I am managing expectations. We're up against tremendous competition. It is a good crop. There are three or four horses that come to mind that are very good horses, very fast horses and horses that stay. It is anyone's race.”

The Medina Spirit saga turned tragic in December when the horse died of an apparent heart attack after a workout at Santa Anita. For Zedan, the experience has been more bitter than sweet. But he came to understand that his best option was to simply move on.

“It's been a roller coaster ride over the last year,” he said. “In one year, I've seen all the ups and downs of the sport. It sounds cliche, but what doesn't break you makes you stronger.”

Of course, having a horse like Taiba makes the process easier. He will be attempting to become the first horse to win the Kentucky Derby in his third start since Leonatus did it way back in 1883. It won't be easy, but he has given Zedan what once seemed highly unlikely–a second chance.

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Baffert, Zedan’s Motion for Emergency Stay Denied

Bob Baffert and Zedan Racing Stables' motion to stay Bob Baffert's suspension has been denied in Kentucky's Court of Appeals. The decision was filed Friday afternoon and signed by Allison Jones, Acting Chief Judge.

In accordance with the California Horse Racing Board regulations, signage was being removed from his barn at Santa Anita on Friday afternoon, and his suspension is scheduled to start Monday, Apr. 4.

“Tthe motion for emergency relief under CR 65 07(6) is DENIED,” writes Jones in her opinion. “The Court emphasizes that it makes no determination of the merits of Baffert's contentions of error The underlying motions for interlocutory relief along with any additional, dispositive motions shall be assigned to a three-Judge panel of this Court following expiration of the response time prov1ded in the Civil Rules.”

“In his Amended Complaint,” the document says, “Baffert asserted two causes of action against the Racing Commission; (1) an appeal of the Racing Commission's ruling denying him a stay pursuant to KRS 230 320(2)(f), and (2) a claim for injunctive relief pursuant to CR 65 04. Having carefully reviewed the record in conjunction with the applicable statutes and regulations, the Court concludes that the statutory right to appeal to circuit court pursuant to KRS 230 320(2)(f) provides an adequate remedy at law, such that equitable forms of relief, including the requested 1 7 emergency stay, are presently unavailable. There can be no irreparable injury where, as here, the General Assembly has provided adequate administrative remedies.”

This story will be updated.

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Taking Stock: Country Grammer Boosts Tonalist

Before the G1 Dubai World Cup, Country Grammer (Tonalist) was already a Grade l winner in North America, but that race that he won on May 31, 2021, the Gl Hollywood Gold Cup S. at Santa Anita, was worth only $180,000 to the winner.

Since then, Country Grammer has made only two starts, both abroad and both fruitful: he was second in the G1 Saudi Cup, a $20-million race in Riyadh on Feb. 26, earning $3.5 million; and he won the $12-million Dubai World Cup Saturday, collecting almost $7 million, giving the strapping colt who races for the partnership of Zedan Racing, WinStar and Commonwealth Thoroughbreds total earnings of $10,837,320.

Country Grammer's prize money from the Middle East has catapulted his Lane's End-based sire Tonalist from the back of the field to second place on North America's general sires list with year-to-date progeny earnings of $11,772,495, behind leader and fellow Lane's End sire Quality Road's $13,392,856. Quality Road himself was the beneficiary of a $10-million Middle Eastern boost, as it was his son Emblem Road who won the Saudi Cup from Country Grammer.

For context, Spendthrift's mighty Into Mischief, the leading sire of 2019, 2020, and 2021, sits in third place at the moment with progeny earnings of $6,779,549.

Quality Road and Into Mischief are top-class stallions and are fully booked; the former stands for $150,000 and the latter for $250,000. Tonalist, in contrast, isn't a proven horse, has only three crops racing (not including current 2-year-olds), and has a modest $10,000 fee this year, so he stands to benefit the most from the accumulated earnings of Country Grammer with half the breeding season still ahead of him.

In light of Country Grammer's exploits, a re-examination of Tonalist reveals a horse with impeccable credentials and one who has potential to separate himself from others standing in his fee range. For one, he's a son of the outstanding Tapit, who is establishing himself as a sire maker, notably with Constitution; he's a Classic winner at 12 furlongs (Gl Belmont S.) who also won Grade l races at 10 furlongs (Jockey Club Gold Cup) and eight furlongs (Cigar Mile); he's a standout physical specimen with significant scope and size, attributes he's clearly passed on to 5-year-old Country Grammer, a member of his first crop; and he's from the immediate family of Horse of the Year Havre de Grace, which is to say from the blue-blooded Toll Booth branch of Missy Baba, his fourth dam and also the fourth dam of A.P. Indy. Because Tapit is an A.P Indy-line sire, inbreeding to Missy Baba lurks in the background of Tonalist, too.

Essentially, Tonalist ticks every box, except for perhaps early maturity, and he is the sire of eight black-type winners so far through his first three crops. Among them is the good first-crop filly Tonalist's Shape, who won her first five starts from late September at two to late February at three, when she took the Gll Davona Dale S. at Gulfstream. It's worth noting that both she and Country Grammer are bred on the potent Tapit/Storm Cat cross.

Country Grammer

The type of horse that Country Grammer has developed into is exactly what you'd expect from Tonalist, and this could actually benefit the stallion moving forward. Early maturity, which is prized at 2-year-old sales, isn't exactly what Tonalist is about–he only made one start at two himself and was unplaced, though Country Grammer did sell and win at two. But Tonalist does have the potential to deliver a late fall 2-year-old or an early spring 3-year-old with the potential of staying 10 furlongs, which is what's increasingly sought after these days as the most promising Classics contenders' schedules are delayed to coincide with the high-points races for the Gl Kentucky Derby that are held in March and April. And continued development through four and five can have its own lucrative benefits these days, as Country Grammer has so aptly shown.

Bred by Scott and Debbie Pierce at their Omega Farm in Kentucky, Country Grammer was a $60,000 Keeneland September yearling and a $450,000 OBS April 2-year-old. He made his debut as an October 2-year-old at Belmont at a mile for trainer Chad Brown and owner Paul Pompa Jr., running fourth. He returned at Aqueduct in November to win his next start, a 9-furlong maiden special, which is as far as 2-year-olds are asked to run in North America and a strong indicator that 10 furlongs would be well within reach at three and beyond.

Aside from Tonalist, Country Grammer's pedigree contains some internal structural elements that indicated this as well. For instance, he is inbred 3×4 to Pleasant Colony and 5×5 to Nijinsky –two strong markers for stamina in pedigrees.

Moreover, his tail-female line goes back to filly Triple Crown winner Chris Evert, Country Grammer's fifth dam; Chris Evert won the GI Coaching Club American Oaks back in 1974 when that race was contested at 12 furlongs and held more prestige than the now-Gl Kentucky Oaks, which was a Grade ll race at that time at a mile and a sixteenth.

Juddmonte got into this family when it purchased Chris Evert's Nijinsky daughter Nijinsky Star–Country Grammer's fourth dam–for $700,000 at Keeneland November in 1987, carrying a foal by Conquistador Cielo, and the internationally renowned farm shaped this branch of Chris Evert that leads to Country Grammer.

This family includes, among others, the Juddmonte multiple Grade l winners Sightseek, by Distant View, and Tates Creek, by Rahy, both fillies produced from the Nureyev stakes winner Viviana, a daughter of Nijinsky Star.

Viviana is a full sister to Willstar, Country Grammer's third dam. Like Viviana, Willstar also produced a highest-level filly for Juddmonte in G1 Prix de la Foret winner Etoile Montante, a daughter of Miswaki. Also like Viviana, Willstar was mated to Juddmonte homebred Distant View, producing Prima Centauri, Country Grammer's second dam and a mare that's closely related to the aforementioned Sightseek.

Prima Centauri, unplaced in two starts, was culled by Juddmonte in 2001 and eventually came into the hands of Dixiana, which paid $270,000 for her at Keeneland November in 2005. She was carrying a colt by Forestry, who must have physically impressed Dixiana as a weanling, because the mare was bred back to Forestry in 2007, producing Arabian Song, Country Grammer's dam, in 2008.

The Forestry full brother to Arabian Song made $425,000 as a Keeneland September yearling but never raced. Arabian Song sold for only $40,000 at Keeneland September to Rabbah Bloodstock, but won one race from six starts, a $40,000 maiden claimer at Churchill.

The Pierces acquired Arabian Song after her racing career and bred her first five foals. Among them is the 4-year-old Runhappy Grade lll-placed filly Joyful Cadence, who'd sold for $90,000 as a weanling at Keeneland November in 2018 before making $235,000 as a yearling at Keeneland the next September. The Pierces also sold Arabian Song, in foal to Wicked Strong, at Keeneland November in 2018 for $5,000, to Abdul Aziz Al-Ateeqi, who sent the mare to Saudi Arabia. The Wicked Strong foal is a 3-year-old filly named Gharz (KSA), who is placed in four starts.

Country Grammer Ownership

The topsy-turvy auction history and ownership changes of this immediate family that include Saudi Arabian involvement extend to Country Grammer as well.

After Pompa died in October of 2020, his stock was dispersed at Keeneland January in 2021. Country Grammer, who, as noted earlier, had sold for $450,000 as a 2-year-old, had gone on to win the Glll Peter Pan S. at three and was among those in the sale. Elliott Walden, president and CEO of WinStar, knew of the colt's talents as he'd been in training at the farm, and he was able to surprisingly purchase the colt for the bargain price of $110,000 at the dispersal.

Sent to Bob Baffert, who'd trained Justify for WinStar and partners and had Into Mischief's Life Is Good as the 3-year-old stable star for WinStar and CHC Inc., Country Grammer blossomed last year to win the Hollywood Gold Cup S.

However, both Country Grammer and Life Is Good were transferred later to Todd Pletcher after “Bob got in the penalty box” after the Medina Spirit controversy at Churchill, Walden explained by phone Monday, after arriving in Miami from Dubai. Walden said that Country Grammer was unable to start for Pletcher, however, after sustaining a minor ankle injury and was sent back to WinStar to recover. He was then sent back to Baffert.

Somewhere around this time the colt's ownership changed as well. First Commonwealth, which sells microshares in horses, purchased 30% of Country Grammer, leaving WinStar a 70% stake, until Saudi Arabian Amr Zedan offered to buy the entire horse.

“Amr Zedan is great for the industry and so easy to deal with,” Walden said. “He just told us to put a price on the horse, and we agreed to sell 50% of the horse to him, so we–WinStar and Commonwealth–paired down our interests to bring him aboard.”

And the rest is interesting history. Flying the same Zedan silks as Medina Spirit, Country Grammer gave Amr Zedan some revenge on Life Is Good–the same colt Medina Spirit had chased early in his career.

Sid Fernando is president and CEO of Werk Thoroughbred Consultants, Inc., originator of the Werk Nick Rating and eNicks.

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