Oct. 17 Insights

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PRICEY QUALITY ROAD COLT DEBUTS IN NY
3rd-BEL, $90K, Msw, 2yo, 7f, 1:41 p.m.
Shug McGaughey unveils an expensive son of Quality Road here in CITIZEN MACK. A $950,000 KEESEP purchase by Don & Donna Adam's Courtlandt Farm, the dark bay is the first foal out of Rutile (Medaglia d'Oro), who is a daughter of MSW Set Them Free (Stop the Music). That blue hen mare is also responsible for GI Kentucky Derby winner Giacomo (Holy Bull), MGISW Tiago (Pleasant Tap); GSW & MGISP Stanwyck (Empire Maker); and MGSP Sea Jewel (Sea Hero). Claiborne and Adele Dilschneider homebred Debate (Flatter) also makes his career bow here for Hall of Famer Bill Mott. The bay is out of Grade II winner Vexed (Arch), who is a daughter of SW Cross (Mighty). Mott also saddles Godolphin homebred Urban Forest (Hard Spun), who makes his second start after finishing third on debut at Saratoga Aug. 14. His second dam is MGSW Forest Heiress (Forest Wildcat). TJCIS PPs

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Brown Seeks Fifth Sands Point Win

Chad Brown has two good chances to score his third straight win, and fifth overall, in Belmont's GII Sands Point S. Saturday. Higher Truth (Ire) (Galileo {Ire}) broke her maiden and won a N1X allowance going 10 furlongs over this course in the spring and was third to the ill-fated Santa Barbara (Ire) (Camelot {GB}) in this venue's July 10 GI Belmont Oaks Invitational S., which was also run at 1 1/4 miles. A close second in the GII Saratoga Oaks Invitational S. Aug. 8, the bay led throughout the early stages of the Jockey Club Oaks Invitational S. here Sept. 18, but was run down late, finishing a half-length second.

“I think she'll be able to handle the cutback. She's been training well,” Brown said to the NYRA notes team.

Higher Truth's stablemate Fluffy Socks (Slumber {GB}) returns to the east coast after a good run at Del Mar last time out. Winner of the GIII Jimmy Durante S. in SoCal last year, the bay rallied to be a close second in Aqueduct's Memories of Silver S. Apr. 18. A non-factor fifth in the GIII Wonder Again S. over course and distance June 3, she closed resolutely to be second in Saratoga's GIII Lake George S. July 23 and made another bold rally to be third in the GI Del Mar Oaks Aug. 21.

Harajuku (Ire) (Deep Impact {Jpn}) makes her first start for trainer Graham Motion here after previously being campaigned in Europe with trainer Andre Fabre. Winner of the G3 Prix Cleopatre S. May 1 at Saint-Cloud, the Flaxman homebred was off the board in her next four European starts, culminating in a fourth in the G2 Prix de la Nonette S. Aug. 21. The bay made her final start for Fabre at Belmont, a third in the Jockey Club Oaks.

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New York-Bred Runaway Rumour Returns To Graded Company In Sands Point

Lawrence Goichman's New York-homebred Runaway Rumour will look to make her third graded attempt a winning one in Saturday's Grade 2, $200,000 Sands Point, a nine-furlong inner turf test for sophomore fillies at Belmont Park.

Trained by Jorge Abreu, the Flintshire bay captured the open-company Wild Applause traveling one-mile in June over the Belmont turf and followed with a pair of graded efforts at Saratoga Race Course, finishing fourth in the one-mile Grade 3 Lake George in July and second in the 1 1/16-mile Grade 2 Lake Placid in August.

Runaway Rumour enters from a closing third in the one-mile Pebbles, an open-company test won by Spanish Loveaffair by 2 1/4-lengths over returning rival Jordan's Leo.

With Jose Lezcano up for the Pebbles from the outermost post 11, Runaway Rumor settled in ninth position before launching a five-wide rally in upper stretch to finish one length to Jordan's Leo.

“She shows up every time she runs and it's been against open [company],” Abreu said. “She always shows up. Last time, she was compromised with the post position in a big field of horses. She was maneuvering herself around there.”

Out of the Elusive Quality mare Elusive Rumour, Runaway Rumour is a half-sister to her multiple stakes-winning stablemate Myhartblongstodady – a 6-year-old daughter of Scat Daddy.

Abreu said the half-siblings are markedly different in demeanor.

“They have very different attitudes. Myhartblongstodady is a little tougher than she is,” Abreu said. “Runaway Rumour is doing great. She came out of her last race really well.”

Lezcano retains the mount from post 4.

Four-time Eclipse Award-winning trainer Chad Brown has entered Fluffy Socks and Higher Truth in search of a fifth Sands Point win following scores with Ball Dancing [2014], Uni [2017], New and Improved [2019] and a year ago with Tamahere.

Head of Plains Partners' homebred Fluffy Socks won 3-of-5 juveniles starts, closing out her campaign with a half-length score in the one-mile Grade 3 Jimmy Durante over firm Del Mar turf.

The Kentucky-bred daughter of Slumber is in search of her first win this season having posted a record of 4-0-2-1, including a closing third last out on August 21 in the nine-furlong Grade 1 Del Mar Oaks.

Brown said he expects Fluffy Socks to demonstrate her usual racing style after exiting post 7 under returning rider Joel Rosario.

“She's training quite well. She should show a late-closing turn of foot,” Brown said.

Michael Ryan, Jeff Drown and Team Hanley's multiple graded stakes placed Higher Truth, an Irish-bred daughter of Galileo, was unraced as a juvenile.

The talented bay graduated at second asking traveling 10 furlongs on the Belmont turf in April ahead of a 10-furlong allowance win at Belmont in June before hitting the board in all three legs of NYRA's Turf Triple series for fillies.

Higher Truth was a solid third in the 10-furlong Grade 1 Belmont Oaks Invitational in July – a race that the winner, Santa Barbara, exited to win the Grade 1 Beverly D. at Arlington Park.

In August, Higher Truth finished a game second to Belmont Oaks runner-up Con Lima in the 1 3/16-mile Grade 3 Saratoga Oaks Invitational ahead of a pacesetting second last out in the 11-furlong Jockey Club Oaks Invitational.

Brown said Higher Truth won't have any issue negotiating nine furlongs.

“I think she'll be able to handle the cutback. She's been training well,” Brown said.

Irad Ortiz, Jr. will step aboard for the first time from post 5.

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Michael Dubb, Madaket Stables, and Michael J. Caruso's Plum Ali made the grade with a 2 1/4-length score in last year's Grade 2 Miss Grillo traveling 1 1/16-miles on the Belmont turf.

Although winless in six starts since the Miss Grillo, Plum Ali has hit the board twice with a third in the one-mile Grade 2 Appalachian in April at Keeneland in her seasonal debut, which was followed by a closing second in the nine-furlong Grade 3 Wonder Again in June at Belmont.

Trained by Christophe Clement, the First Samurai chestnut enters from a wide-rallying fifth in the Pebbles.

Manny Franco picks up the mount from post 6.

StarLadies Racing's Jordan's Leo made her first four starts on dirt, including a second-out graduation in April sprinting six furlongs at Gulfstream Park.

Following an even third in a 1 1/16-mile allowance test against older company in June over Big Sandy, Hall of Fame trainer Todd Pletcher entered Jordan's Leo in a nine-furlong optional-claiming event on the Saratoga turf August 11 and the Malibu Moon bay responded with a prominent half-length score over next-out allowance winner Town Avenger.

“I wasn't sure she was a turf horse early on, so we gave her an opportunity on the dirt,” Pletcher said. “We breezed her on turf and she showed a little improvement. Her allowance win at Saratoga verified that.”

Jordan's Leo enters from a forwardly-placed second in the Pebbles.

“She has tactical speed so she can put herself in a good spot depending on the pace scenario,” Pletcher said.

Luis Saez has the call from post 2.

Rounding out the field are Our Flash Drive [post 8, Dylan Davis], a graded-stakes winner on Tapeta and turf at Woodbine for Hall of Fame trainer Mark Casse; Harajuku [post 3, Junior Alvarado], a Group 3-winner in France in May, who finished third last out in her North American debut in the Jockey Club Oaks; and Chiefswood Stables' homebred Third Draft [post 1, Javier Castellano], runner-up in the restricted Riskaverse in August at the Spa.

The Sands Point is slated as Race 6 on Saturday's 10-race card. First post is 12:35 p.m. Eastern.

America's Day at the Races will present daily coverage and analysis of the fall meet at Belmont Park on the networks of FOX Sports. For the complete broadcast schedule, visit https://www.nyra.com/belmont/racing/tv-schedule.

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Flurry of Legal Filings, Familiar Arguments in Baffert vs. NYRA Case

Both plaintiff Bob Baffert and defendant the New York Racing Association (NYRA) traded volleys of legal filings that were posted electronically just before 6 p.m. Tuesday. They all relate to Baffert's ongoing quest to fight NYRA's attempts to either banish him outright or to give him a hearing that would adjudicate the “detrimental conduct” charges NYRA has levied against Baffert over the repeated equine drug positives in his trainees.

NYRA on Oct. 12 filed a memorandum of law in support of its earlier motion to dismiss Counts I, III, IV and V of Baffert's federal lawsuit against NYRA. That civil complaint was initiated when NYRA tried to exclude Baffert from racing or stabling at its three tracks without any hearing process back on May 17.

“NYRA moves to dismiss all counts except Plaintiff's [civil action for deprivation of rights] claim. Counts I, III, IV and V of the Complaint fail to meet the applicable pleading requirements and, as such, should be dismissed as a matter of law,” NYRA stated in its filing in United States District Court (Eastern District of New York).

The filing continued: “First, this Court should dismiss Plaintiff's tortious interference with business relations claim because Plaintiff fails to allege either that NYRA directed conduct at any entity or individual other than himself or any specific business relationships with which NYRA purposefully interfered.

“Second, under the New York Court of Appeals' decision in Saumell v. New York Racing Association, Inc., Plaintiff's claim alleging a violation of New York law fails because NYRA acted upon its common law right of exclusion in suspending Plaintiff and because NYRA is not bound by the New York State Gaming Commission's hearing procedures when excluding a licensee from the Racetracks.

“Third, Plaintiff's claims for injunctive and declaratory relief likewise fail because they constitute remedies, not independent causes of action,” NYRA's filing stated.

Baffert's legal team rebutted those points in its own Oct. 12 filing, then launched into a separate argument about the exclusion hearing process that NYRA created to give Baffert a chance to present his own evidence and dispute the reasons that NYRA wants to bar him (Baffert is currently allowed to race at NYRA tracks because a judge ruled in his favor with a July 14 preliminary injunction).

“Rather than accepting this Court's Order and its defeat, NYRA has chosen to double down,” Baffert's filing contended.

“First, NYRA has filed the current meritless Motion to Dismiss. Second, NYRA sent Baffert another letter Sept. 10, 2021, which claimed that NYRA intended to once again suspend Baffert for the exact same conduct that it previously attempted to suspend him.”

Baffert's filing continued: “In an effort to circumvent this Court's injunction Order, NYRA claims its latest attempt to suspend is “new.” In reality, there is nothing “new” about it as it is based on the same conduct and reasoning. The only thing different is that NYRA has now created 'Hearing Rules and Procedures' out of whole cloth in attempt to retroactively instill legitimacy to its blatantly unlawful actions.

“These rules and procedures state that NYRA can appoint its own hearing officer, render whatever decision it deems appropriate, and deny Baffert any right to appeal. In other words, in response to this Court's ruling that it acted unlawfully, NYRA has decided to engage in even more unlawful activity. NYRA's recent actions make it highly likely that Baffert will suffer additional injuries to his business and reputation,” Baffert's filing stated.

NYRA wasn't through yet with the legal filings on Tuesday. In its response to Baffert's response, it fired back with another memorandum, this one in “further” support of its own motion to dismiss.

NYRA's second filing on Tuesday urged the court to “reject” Baffert's “novel” theory about tortious interference. It also stated that Baffert “mischaracterizes New York law” and that his argument “ignored the weight of authority” with regard to injunctive and declaratory relief.”

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