New York Times: Baffert Attorneys Drafting Lawsuit Against Churchill Over Derby Entry

According to a Jan. 10 report from the New York Times, embattled trainer Bob Baffert has legal counsel drafting a civil complaint seeking a preliminary injunction that would allow horses in his barn to run for roses in May.

As it stands, Churchill Downs announced last spring that Baffert-trained horses would not be permitted to earn qualifying points for the Kentucky Derby, and that they would not be permitted to run in the race in 2022 or 2023. The announcement followed a press conference held by Baffert in which he revealed that Medina Spirit, who had crossed the wire first, had tested positive for the corticosteroid betamethasone. Baffert subsequently appeared on a number of mainstream news outlets first claiming he did not know how the substance could have gotten into the colt's body, and later saying that it came from the administration of a topical cream. The Kentucky Horse Racing Commission stewards have yet to issue a ruling in the case, although Baffert's team completed additional testing of remaining biological samples from the horse some weeks ago.

Baffert is reportedly seeking millions in damages in addition to the preliminary injunction in the civil case, which has not yet been filed.

Bill Carstanjen, CEO of Churchill, called the prospect of a civil case “completely meritless,” pointing out that Baffert signed an agreement ahead of entering last year's race that he would follow the private company's rules regarding medication and participant conduct.

Churchill's publicity department later underlined the track's stance on the situation with the following tweet:

 

Read more at the New York Times

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Rosario Set to Join Oaklawn Jockey Colony Friday

The favorite to land an Eclipse Award as the country's outstanding jockey of 2021 will begin his 2022 push at Oaklawn.

Joel Rosario is named on seven horses Friday, which will mark his first day as a regular in Hot Springs and first action since suffering a hairline fracture of a rib when he was unseated shortly after the finish of a Dec. 2 race at Aqueduct.

Rosario ($32,944,478) was eyeing a single-season North American record for purse earnings before the injury. Now healthy, Rosario's return to the saddle will fall on his 37th birthday.

“He takes care of himself like no one, probably, you've ever met,” Rosario's agent, Ron Anderson, said Saturday afternoon. “He's exceptionally fit … his lady friend is a nutritionist. She's taught him how to take care of his weight, what to eat, what not to eat. He's ready to go at all times. It will be six weeks since he fell and he had a hairline fracture. It's time to get started again.”

All seven horses Rosario is named on Friday are for Hall of Famer and perennial Oaklawn training champion Steve Asmussen. Rosario and Asmussen teamed to win the $2-million GI Breeders' Cup Juvenile Fillies Nov. 5 at Del Mar with unbeaten Echo Zulu (Gun Runner). Rosario won the $6-million GI Breeders' Cup Classic the following day aboard Knicks Go for trainer Brad Cox.

Cox (12 victories) and Asmussen (11) entered Sunday leading the 2021-2022 Oaklawn trainer standings. Coupled with Oaklawn's purse structure, the highest in the country this winter, Anderson said Oaklawn is a perfect fit for Rosario, who has enjoyed immense success in Hot Springs, particularly in 2020. Rosario wintered last year at Santa Anita, but Anderson has Hall of Famer John Velazquez there in 2022. Velazquez's major client is Hall of Fame trainer Bob Baffert.

“We have success for two guys that are 1-2 and 2-1 there,” Anderson said, referring to Oaklawn. “The winter in California's not quite the same as it used to be. Just looking for a change. So, Brad we've won for; Steve, we've won for. We've won a Breeders' Cup for both of them. It's three days a week and the purses are fantastic. It's a good place to go for a change. I have Johnny, too, and Johnny's in California, per Bob's request. Sometimes, it's just the flow of the way things feel. Johnny won the last two Kentucky Derbys for Bob. Bob would like him to come out there. Joel won the Breeders' Cups for Brad and Steve. They're kind of the kingpins at Oaklawn. The purses are big. Joel doesn't mind it there. He likes it.”

Rosario rode six days during the final weeks of Oaklawn's 2020 meeting and won 15 races, including the $150,000 Oaklawn Mile S. aboard Tom's d'Etat (Smart Strike) for trainer Al Stall, $100,000 Rainbow S. aboard Man in the Can (Can the Man) for trainer Ron Moquett of Hot Springs, $165,000 Arkansas Breeders' Championship S. aboard Man in the Can and the second division of the $500,000 GI Arkansas Derby aboard Nadal (Blame) for Baffert.

Coupled with a double in March, including the $1-million GII Rebel S. aboard Nadal, Rosario finished with a spectacular 17-10-7 record from just 45 mounts and amassed $2,030,576 in purse earnings. Rosario ranked second in stakes victories at the meet (five), fourth in purse earnings and 11th in victories–just one shy of cracking the top 10–with an eye-popping 38% strike rate. Rosario added three more stakes victories at the 2021 Oaklawn meeting, including the Rebel for Baffert aboard Concert Tour (Street Sense).

Anderson said Rosario is booked to ride Concert Tour in the $150,000 Fifth Season S. for older horses Jan. 15 at Oaklawn, a 1-mile race that would mark the colt's first start for Cox. Rosario and Cox are scheduled to team up again Jan. 29 at Gulfstream Park when Knicks Go makes his final career start in the $3-million GI Pegasus World Cup Invitational S..

“World-class rider,” Cox said Saturday afternoon. “I mean, it's no secret about that. He's a very good all-around rider and very happy that he's going to be there during the meet. Looking forward to him teaming up with Knicks Go again in the Pegasus and go from there.”

Anderson said Rosario is scheduled to ride regularly at Oaklawn until at least early April. Rosario has 28 career Oaklawn victories, including 12 stakes, with his mounts earning $4,979,104. In addition to Nadal, Rosario won the $200,000 GII Azeri S. and $600,000 GI Apple Blossom H. in 2014 aboard eventual champion Close Hatches (First Defence) for Hall of Fame trainer Bill Mott.

A native of the Dominican Republic, Rosario rode his first winner in the United States in 2006. He has more than 3,000 career victories, including 15 in Breeders' Cup races and three in Triple Crown events, and his mounts have earned more than $250 million.

In addition to purse earnings, Rosario led the country in stakes victories (69) and graded stakes victories (49) in 2021, according to Equibase. Rosario is seeking his first Eclipse Award.

“Look, like I tell people, he's a world-class rider,” Anderson said. “He could go anywhere in the world and be competitive. Lucky enough we come in there and we ride for Steve right away. Got some calls with Brad, got some calls with Moquett and some other people. We'll get back with it here.”

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Under The Stars Fends Off Awake At Midnyte To Win Santa Ynez

Mrs. John Magnier, Michael Tabor and Derrick Smith's Under The Stars proved best in Saturday's Grade 2 Santa Ynez Stakes at Santa Anita Park in Arcadia, Calif. The 3-year-old filly by Pioneerof The Nile was sharp out of the gate and fended off a stretch challenge from Awake At Midnyte (9-2) to score by three-quarters of a length as the 4-5 favorite. Ridden by Flavien Prat for trainer Bob Baffert, Under The Stars completed seven furlongs over the fast main track in 1:22.51.

Under The Stars wasn't the quickest out of the gate, but Prat allowed her to find her stride and she jumped up to take the lead through a first quarter in 22.26 seconds. Miss Mattie B took over in the middle of the track for a sixteenth of a mile, while Awake At Midnyte stalked those two on the outside of Big Shamrock.

Taking back her lead to mark a half-mile in :44.95, Under The Stars repelled the challenge of Miss Mattie B around the far turn. Awake At Midnyte moved up to take on the leader in the stretch run, and though appearing full of run was unable to pass Under The Stars.

Under The Stars pulled away in the final strides to win by three-quarters of a length. Awake At Midnyte finished second, while Miss Mattie B was third. The remaining order of finish was: Big Switch, Big Shamrock, and Mimajoon.

Bred in Kentucky by Eaton, Under The Stars is out of the G2-winning, G1-placed Storm Cat mare Untouched Talent. The sophomore filly is a half-sister to G1-winning millionaire Bodemeister, also trained by Baffert.

Under The Stars ran third in her debut at Santa Anita on Oct. 31, and returned to run third in the listed Desi Arnaz Stakes at Del Mar two weeks later. The filly broke her maiden at Los Alamitos on Dec. 11, and the Santa Ynez was her fourth career start. With two wins and two thirds, Under The Stars has earned over $170,000.

The Santa Ynez offers Kentucky Oaks points on the 10-4-2-1 scale, but the Baffert-trained winner is not eligible for the points due to Churchill Downs' two-year ban of the Hall of Fame trainer. The updated Updated Road to the Kentucky Derby/Oaks Leaderboard is available here.

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Beautifully Bred Under the Stars Makes the Grade in Santa Ynez

Sent off the 9-10 chalk to build on a three-length maiden victory at Los Alamitos when last seen Dec. 11, Mrs. John Magnier, Michael Tabor and Derrick Smith's Under the Stars (Pioneerof the Nile) was made to work for it, but managed to tough out a narrow victory in Saturday's GIII Santa Ynez S. at Santa Anita.

Away alertly enough from the inside stall, the bay–bred on a similar cross to the one that produced Triple Crown winner American Pharoah–held her spot at the fence while being shaded three wide by pacesetting Miss Mattie B (Tonalist), with Big Shamrock (Mr. Big) poking through between. Awake At Midnyte (Nyquist) chimed in three wide at the top of the lane and appeared to have sufficient momentum to reel in the chalk, but Under the Stars sprinted powerfully through the final eighth of a mile to prevail tenaciously.

Under the Stars, a debut third as the chalk behind Awake At Midnyte Oct. 31, filled that same slot behind stablemate and next out GI Starlet S. heroine Eda (Munnings) in Del Mar's Desi Arnaz S. Nov. 13.

“When we came into this race, I was worried about the post, but she's improving,” Hall of Fame trainer Bob Baffert said. “She's a half-sister to Bodemeister, so she has the pedigree to go further and Flavien [Prat] thinks she wants to go further also. It's nice when they're bred that well and the Coolmore gang, the ownership group, they've been real patient. I'm just glad they sent her to us.”

Pedigree Notes:

Under the Stars becomes the 40th stakes/18th graded winner for the late, great Pioneerof the Nile. This is the 302nd stakes/147th graded winner for the legendary Storm Cat as a broodmare sire. Storm Cat also appears prominently in the pedigree of Pioneerof the Nile's top two runners–Triple Crown winner American Pharoah (produced by a Yankee Gentleman mare) and champion Classic Empire (produced by a Cat Thief mare), respectively. Under the Stars is one of four black-type horses for her GSW/GISP dam, most notably responsible for GISW and multiple Classic-placed Bodemeister (Empire Maker); and MGISP Fascinating (Smart Strike). Untouched Talent has also produced colts of 2020 and 2021 by Justify. She was bred to Uncle Mo for 2022. Untouched Talent brought $5 million from Coolmore's M.V. Magnier following the Classics exploits of Bodemeister at the 2012 FTKNOV sale, which was topped by the $10-million Havre de Grace.

Saturday, Santa Anita
SANTA YNEZ S.-GII, $200,500, Santa Anita, 1-8, 3yo, f, 7f, 1:22.51, ft.
1–UNDER THE STARS, 120, f, 3, by Pioneerof the Nile
               1st Dam: Untouched Talent (GSW & GISP, $243,550), by Storm Cat
               2nd Dam: Parade Queen, by A.P. Indy
               3rd Dam: Spanish Parade, by Roberto
1ST BLACK TYPE WIN, 1ST GRADED STAKES WIN. O- Mrs.
John Magnier, Michael B. Tabor, & Derrick Smith; B-Eaton
(KY); T-Bob Baffert; J-Flavien Prat. $120,000. Lifetime
Record: 4-2-0-2, $170,520. *1/2 to Bodemeister (Empire
Maker), GISW, $1,304,800; 1/2 to Himiko (American
Pharoah), SP, $177,277; 1/2 to Fascinating (Smart Strike),
MGISP, $166,320. Werk Nick Rating: A. Click for the
eNicks report & 5-cross pedigree.
2–Awake At Midnyte, 120, f, 3, Nyquist–Midnight Union, by
Union Rags. ($85,000 RNA Wlg '19 KEENOV; $190,000 Ylg
'20 FTKOCT; $320,000 2yo '21 FTFMAR). O-Reddam Racing
LLC; B-Forty Oaks (KY); T-Doug F. O'Neill. $40,000.
3–Miss Mattie B, 120, f, 3, Tonalist–Traffic Blimp, by
Medaglia d'Oro. 1ST BLACK TYPE, 1ST GRADED BLACK
TYPE. ($10,000 Ylg '20 KEESEP). O-Westlake Racing Stable;
B-R. S. Evans (KY); T-Robert B. Hess, Jr. $24,000.
Margins: 3/4, 6HF, 6. Odds: 0.90, 4.50, 12.60.
Also Ran: Big Switch, Big Shamrock, Mimajoon.
Click for the Equibase.com chart, the TJCIS.com PPs, or the free Equineline.com catalogue-style pedigree. VIDEO, sponsored by TVG.

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