TDN Derby Top 12: Front Four Unchanged Inside 75-Day Mark

There's been a mid-season reshuffling at the back of the pack within this week's rankings. The next significant target date on the GI Kentucky Derby trail that could shake up the Top 12 leaders will be the trio of preps in Florida, California and New York Mar. 4.

1) ARABIAN KNIGHT (c, Uncle Mo–Borealis Night, by Astrology) 'TDN Rising Star'. O-Zedan Racing Stables, Inc.; B-Corser Thoroughbreds LLC (KY); T-Bob Baffert. Sales history: $250,000 Ylg '21 KEESEP; $2,300,000 2yo '22 OBSAPR. Lifetime Record: GSW, 2-2-0-0, $544.275 Last start: 1st GIII Southwest S. at Oaklawn Park, Jan. 28. KY Derby Points: 0.

'TDN Rising Star' Arabian Knight is the legitimate kingpin atop the crop as we crest the 75-day mark until the Derby. But a two-race foundation–no matter how wowing those performances were–understandably still seems a touch precarious by conventional Derby-assessment standards.

After ransacking the GIII Southwest S. at Oaklawn Jan. 28 in his 2023 coming-out party, this sales-topping son of Uncle Mo wasn't nominated to the next leg in the Oaklawn series, which is this Saturday's GII Rebel S. Until his connections disclose details, the date and place of Arabian Knight's next start remains the most sought-after secret on the Derby trail (both for fans who want to see him race and the connections of contenders who want to avoid him).

Last week's federal court ruling denying Bob Baffert an injunction to avoid a Churchill Downs ban on his Derby participation is already resulting in some movement of his sophomore contenders to other trainers. But that news, if or when it comes for Arabian Knight, shouldn't overshadow the fact that this classy colt has sky's-the-limit potential augmented by a confident demeanor and a blazing natural quickness that doesn't cross the line into being speed-crazy.

2) FORTE (c, Violence–Queen Caroline, by Blame) 'TDN Rising Star'. O-Repole Stable and St. Elias Stable; B-South Gate Farm (KY); T-Todd Pletcher. Sales history: $80,000 Wlg '20 KEENOV; $110,000 Ylg '21 KEESEP. Lifetime Record: MGISW, 5-4-0-0,  $1,595,150. Last start: 1st GI FanDuel Breeders' Cup Juvenile presented by TAA, Nov. 4. KY Derby Points: 40.

Divisional champ Forte is five works into his training for the Mar. 4 GII Fountain of Youth S., and Saturday's five-eighths breeze at Palm Beach Downs was a bullet in 1:01.41 (1/10). For months, trainer Todd Pletcher has articulated a two-prep path to Louisville, with the second race expected to be either the GI Curlin Florida Derby at Gulfstream or the GI Toyota Blue Grass S. at Keeneland (site of Forte's GI Breeders' Cup Juvenile triumph).

Leggy and athletic in the same manner as his sire, Violence, this 'TDN Rising Star' stands out because of his ability to carve out ideal tactical positioning to set up a powerful punch off the far turn, and Forte won three Grade I stakes last season from seven furlongs up to 1 1/16 miles.

Pletcher has twice trained a 2-year-old Eclipse Award-winning colt who won the Juvenile. How did they fare in their comebacks?

In January 2013, Shanghai Bobby ran second at even-money in his 3-year-old debut at Gulfstream in the GIII Holy Bull S. In March 2011, Pletcher found a cushy winning spot for the returning Uncle Mo, who was 1-20 in the betting to beat four others in a non-graded $100,000 stakes at Gulfstream.

Regardless of what you think of Forte himself, be aware that historically, the Fountain of Youth has been a notorious trap for high-profile favorites. Although the chalk has won the last two editions, the public's choice has gone down in defeat in 12 of the last 16 runnings, including one demotion via disqualification.

3) TAPIT TRICE (c, Tapit–Danzatrice, by Dunkirk) 'TDN Rising Star' O-Whisper Hill Farm LLC and Gainesway Stable (Antony Beck); B-Gainesway Thoroughbreds Ltd. (KY); T-Todd Pletcher. Sales history: $1,300,000 Ylg '21 KEESEP. Lifetime Record: 3-2-0-1, $100,150. Last start: 1st GP Allowance/Optional Claiming, Feb, 4. KY Derby Points: 0

Two weeks to the day since his scintillating one-turn-mile allowance win at Gulfstream, this $1.3-million KEESEP colt returned to the worktab Saturday with an unhurried :50.93 half-mile breeze (27/33) at Palm Beach Downs.

While stablemate Forte, ranked above at No. 2, sports the more accomplished resume, this 'TDN Rising Star' is more of the “now” colt considering the two impressive scores he's racked up since Dec. 17.

His Beyer Speed Figures signal legitimacy with room for improvement, while cresting upward over three races (73-87-92), and Tapit Trice also rates highly from a “how he did it” visual perspective that emphasizes his ability to build serious far-turn momentum.

True, he'll head into the month of March without a race at two turns. But with a pedigree anchored by sire Tapit and a female family clustered with stayers capable of fast clockings (A.P. Indy, Seattle Slew, Secretariat), this isn't the type of prospect you'd doubt would be able to sustain his speed over added ground.

4) ROCKET CAN (c, Into Mischief–Tension, by Tapit) O-Frank Fletcher Racing Operations Inc.; B-Woodford Thoroughbreds LLC (KY); T-Bill Mott. Sales history: $245,000 RNA Ylg '21 FTSAUG. Lifetime Record: 5-2-1-0, $249,738. Last Start: 1st GIII Holy Bull S., Feb. 4. KY Derby Points: 20

Rocket Can got bumped and was away last when sprinting seven furlongs in his Saratoga debut Aug. 6, yet he still managed to pick off half the pack to finish fifth for a trainer (Bill Mott) not known for springing first-out winners.

He then ran an uninspiring seventh, beaten 16 lengths on closing weekend at the Spa over the same distance, behind eventual two-time stakes winner Instant Coffee (Bolt d'Oro).

But a transition to two turns Oct. 30 at Churchill brought advancement. This Into Mischief gray broke running from post 10 in the slop, staked out an assertive stalking position, got first run at the two pacemakers a quarter mile from the wire, then held sway in a length-of-stretch showdown.

He almost prevailed next time out in a Nov. 26 first-level allowance, again at 1 1/16 miles, losing by only half a length while engaging in another deep-race tussle, and although he finished second, Rocket Can gave the impression he's not the type to back down from stretch slugfests.

His Holy Bull S. score Feb. 4 was more impressive than the tepid 82 Beyer it earned, because the relatively low fig is offset by the ground Rocket Can gave up on both bends before unleashing another focused, mentally intent finish. Right now this colt rates as the type of Derby prospect who isn't likely to dominate or scare away the competition. But his efficiency, resilience, and willingness to mix it up when challenged are all valuable, intangible assets.

5) CAVE ROCK (c, Arrogate–Georgie's Angel, by Bellamy Road) 'TDN Rising Star'. O-Michael E. Pegram, Karl Watson, and Paul Weitman; B-Anne and Ronnie Sheffer Racing LLC (KY); T-Bob Baffert. Sales history: $210,000 Wlg '20 KEENOV; $550,000 Ylg '21 KEESEP. Lifetime Record: MGISW, 4-3-1-0, $748,000. Last start: 2nd GI FanDuel Breeders' Cup Juvenile presented by TAA, Nov. 4. KY Derby Points: 0

Cave Rock, the beaten favorite in last November's GI Breeders' Cup Juvenile when second behind Forte, is on target to be the latest-returning Top 12 contender of the 2023 season. He has no publicly declared prep race on his radar, and this 'TDN Rising Star' is just two half-mile breezes into training for his sophomore debut.

After starting the season ranked at No. 3, he's been leapfrogged on this list by colts with more recent form. But the gravitas of what this fullback-sized son of Arrogate accomplished at age two (three straight wins, including two in Grade I stakes and one with a gaudy 104 Beyer) will still merit respect when he finally hits the entries.

Cave Rock has been able to generate an intimidatingly high cruising speed up to 1 1/16 miles. But what most Derby prognosticators will be watching for is whether or not he has outgrown his hot-headed tendencies. This colt's loss in the Breeders' Cup was at least partially attributable to him getting visibly keyed-up before the race and then getting sucked into sparring with a 70-1 long shot through an imprudent :22.90 opening quarter.

6) FAUSTIN (c, Curlin–Hard Not to Like, by Hard Spun) 'TDN Rising Star'. O-Michael L Petersen. B-DATTT Farm (Ky). T-Bob Baffert. Sales history: $285,000 RNA yrl '21 KEESEP; $800,000 2yo '22 OBSAPR. Lifetime Record: 1-1-1-0, $80,200. Last start:2nd GIII San Vicente S., Jan. 29. Kentucky Derby Points: 0.
'TDN Rising Star' Faustin has now fired two bullet moves at four and five furlongs after being outgunned by a stablemate when second in the GII San Vicente S. Jan. 29.
He was tasked with sprinting seven furlongs in that race (shorter than what his pedigree indicates he's capable of) and was forced to try and reel in a loose-on-the-lead favorite under less-than-ideal tactical circumstances. Still, he upped his Beyer by two points off a powerful debut win (89 to 91), and that learning experience, combined with his being by Curlin out of a Hard Spun mare, should pave the way for an improvement in a two-turn stakes.
Faustin is a high-energy gray who, in his Dec. 26 debut, was unfazed by a slow start and twice having to switch off heels at the head of the homestretch.
It is a touch concerning, though, that the horses Faustin beat in that MSW have only managed a collective 1-for-7 record in their next outs, indicating he roughed up a subpar bunch.

7) HEJAZI (c, Bernardini–G Note, by Medaglia d'Oro) O-Zedan Racing Stables Inc.; B-Mary & Chester Broman (Ky); T-Bob Baffert. Sales history: $3,550,000 2yo '22 FTMMAY. Lifetime Record: GISP, 4-1-2-1, $108,200. Last Start: 1st SA Maiden Special Weight, Jan. 15. Kentucky Derby Points: 0.
Hejazi broke his maiden in start number four for trainer Bob Baffert Jan. 15, but over the weekend got transferred to trainer Tim Yakteen as per the nominations list for the one-turn-mile Mar. 4 GIII Gotham S. at Aqueduct.
A $3.55-million EASMAY sale topper, this New York-bred son of Bernardini has the unusual distinction of having run a 100 Beyer Speed Figure in a losing maiden effort (back on Sept. 10 at Del Mar), and he's never been off the board (including when third as a maiden in the GI American Pharoah S. Oct. 8).
He was able to set the pace under pressure at the rail in his MSW victory over 6 1/2 furlongs after stalking the pace in his first three attempts.

8) VERIFYING (c, Justify–Diva Delite, by Repent) O-Westerberg, Mrs. John Magnier, Jonathan Poulin, Derrick Smith & Michael Table; B-Hunter Valley & Mountmellick Farm (Ky); T-Brad Cox. Sales history: $775,000 yrl '21 KEESEP. Lifetime Record: GISP, 4-2-1-0, $260,150. Last Start: 1st Opt. Clm at Oaklawn Park Jan. 14. Kentucky Derby Points: 4.
Verifying, a May 11 foal who is a half-brother to 2019 champion older dirt distaffer Midnight Bisou, drew the rail for Saturday's Rebel S. at Oaklawn. He's forced the issue in three of his four lifetime races, so that post should play to his advantage by allowing him to secure a forwardly placed ground-saving spot.
This $775,000 KEESEP son of Justify's career started with an 85-Beyer sprint win at the Spa, followed by a second in the GI Champagne S., and then a trouble-at-the-start sixth in the Breeders' Cup Juvenile.
Freshened until Jan. 14, Verifying roared back to the winner's circle with a 97-Beyer, first-level allowance win at Oaklawn. The second- and third-place finishers out of that race have both since come back to win allowance miles in subsequent starts.

9) ARTHUR'S RIDE (c, Tapit–Points of Grace, by Point Given) O-Karl & Cathi Glassman; B-Helen & Joseph Barbazon & Tapit Syndicate (Fl); T-William Mott. Sales history: $250,000 yrl '21 KEESEP. Lifetime Record: 3-1-2-0, $93,800. Last Start: 1st Maiden Special Weight at Gulfstream Feb. 11. Kentucky Derby Points: 0.
Arthur's Ride started his career in the same two seven-furlong MSW contests at Saratoga as fellow-gray stablemate Rocket Can ranked above at No. 4, and he finished second on both occasions.
This $250,000 KEESEP colt resurfaced for trainer Bill Mott Feb. 11 at Gulfstream in a one-turn mile, and as the 2-1 second choice he really caught the eye by taking pace pressure at the rail from the 6-5 favorite for most of the race.
He actually lost but clawed back the lead on two occasions through the turn, and then after he dispatched the chalk, Arthur's Ride ably repulsed what looked like a winning bid from the third choice in the betting.
His damsire Point Given was the beaten fave in the 2001 Derby, but won the GI Preakness S., GI Belmont S. and GI Travers S., while maternal grandsire Thunder Gulch won the 1995 Derby, Belmont, and Travers.

10) INSTANT COFFEE (c, Bolt d'Oro–Follow No One, by Uncle Mo) O-Gold Square LLC. B-Sagamore Farm (Ky). T-Brad Cox. Sales history: $200,000 yrl '21 KEESEP. Lifetime Record: MGSW, 4-3-0-0, $442,815. Last Start: Won Jan. 21 GIII Lecomte S. at Fair Grounds. Kentucky Derby Points: 32.
Trainer Brad Cox opted not to aim for this past Saturday's Risen Star S. with Instant Coffee, saying he will instead point straight to the Mar. 25 GII Louisiana Derby coming off this colt's last-to-first win in the GIII Lecomte S. Jan. 21.
This son of Bolt d'Oro had been absent from the work tab for four weeks, but he was finally back in action with a moderate :49.80 half-mile breeze (34/109) at Fair Grounds Feb. 18.
That plan of race spacing will leave a nine-week gap for Instant Coffee to try to make the leap from 1 1/16 miles to 1 3/16 miles, and then another six weeks off until the 10-furlong Kentucky Derby. Cox has expressed a belief that this light-on-his-feet colt should relish those longer distances.
But Instant Coffee hasn't had the most arduous path to victory in either of his two stakes wins, having beaten only one current Top 12 foe in either the GII Kentucky Jockey Club S. or the Lecomte, and that makes it tough to project how he'll fare when faced with more intense competition.

11) RED ROUTE ONE (c, Gun Runner–Red House, by Tapit) O/B-Winchell Thoroughbreds, LLC (Ky); T-Steve Asmussen. Lifetime Record: 6-1-1-1, $313,575. Last Start: 2nd in Jan. 21 GIII Lecomte S. at Fair Grounds. Kentucky Derby Points: 0.
This Saturday's Rebel S. at 1 1/16 miles might not be the spot where Red Route One finally uncorks the “put it all together” type of stretch run he's shown flashes of being capable of. But with a stout Gun Runner out of a Tapit mare breeding line, he's looming as a longer-the-better Derby prospect who one of these days is going to catch the right pace setup and a clear enough trip to outrun long odds.
He already has a sturdy foundation of six lifetime races, all at a mile or longer, and this homebred for Winchell Thoroughbreds was most recently a best-of-the-rest second when rallying from last behind No. 1-ranked Arabian Knight in the Southwest S. four weeks ago.
He had significant trip trouble and/or encountered ground loss in all three of his stakes attempts at age two, yet he still managed a couple of decent third- and fourth-place tries.
However, this deep-closing chestnut has still never won on dirt, with his only victory coming over a mile at Kentucky Downs nearly six months ago.

12) GEAUX ROCKET RIDE (c, Candy Ride {Arg}–Beyond Grace, by Uncle Mo) O-Pin Oak Stud LLC; B-OXO Equine LLC (Ky); T-Richard Mandella. Sales history: $350,000 yrl '21 FTKJUL. Lifetime Record: 1-1-0-0, $40,200. Last Start: Won Maiden Special Weight at Santa Anita Jan. 29.
Is it too deep into the prep season to tout a sprinter who wired the field at first asking onto the list? By conventional standards, yes. But convention on the Derby trail has long since flown the coop, thanks to the stylishly late-on-the-scene Justify in 2018 (a Feb. 18 debut), and the overall less-is-more mindset in bringing along sophomore prospects.
Yet when Hall-of-Fame conditioner Richard Mandella is the trainer of a flashy winning firster like Geaux Rocket Ride, you pay attention.
This colt is aiming for the Mar. 4 GII San Felipe S. at 1 1/16 miles after administering a full-bore clock-cleaning of a Santa Anita MSW crew over six furlongs Jan. 29. That display of dominance was timed in 1:09.52 and featured a decisive swat-down of the 1-2 favorite before “Geaux” rolled home by 5 3/4 lengths. This $350,000 FTKJUL son of Candy Ride (Arg) earned a 92 Beyer for the effort.
Underscoring that he doesn't make the trip to Louisville unless he's confident he has the right horse, Mandella hasn't had a Kentucky Derby starter since 2004. But in 2019 he was on the cusp of saddling the imposing favorite, Omaha Beach, before having to scratch the colt several days before the Derby because of an entrapped epiglottis.

The post TDN Derby Top 12: Front Four Unchanged Inside 75-Day Mark appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Baffert’s Gotham Noms Switched to New Trainers

The nominees for the Mar. 4 GIII Gotham S. at Aqueduct include four horses that have been under the care of Hall of Fame trainer Bob Baffert, but were nominated under the names of new trainers.

Baffert is banned from running in this year's GI Kentucky Derby and any horse under the care of a trainer suspended by Churchill Downs must be moved to a new barn by Feb. 28 in order to earn Derby qualifying points. On Friday, a U.S. District Judge ruled against Baffert as he sought a temporary injunction that would have allowed him to enter the Derby. Baffert was also banned by the New York Racing Association, but its one-year suspension ended Jan. 26.

The news that Baffert-trainees are switching stables for a possible run in the Gotham was first reported by the Daily Racing Form's David Grening.

The Baffert Gotham nominees are the Amr Zedan-owned pair of Arabian Lion (Justify) and Hejazi (Bernardini) and Carmel Road (Quality Road) and Fort Warren (Curlin). The latter two are owned by partnerships consisting of SF Racing LLC, Starlight Racing, Madaket Stable LLC and others. Arabian Lion, Hejazi and Carmel Road were nominated under the name of Tim Yakteen. Fort Warren was nominated under the name of Brittany Russell. It was not clear who, if any of the Baffert/Yakteen/Russell horses, will start in the Gotham.

With Baffert also suspended from running in the 2022 Kentucky Derby, the two starters in the race from his barn, Taiba (Gun Runner) and Messier (Empire Maker), competed for Yatkeen, a former assistant to Baffert.

Several other Baffert trained 3-year-old colts will also likely be on the move within the next few days. Nominations for the GII San Felipe S. at Santa Anita, also to be run Mar. 4, close Thursday and any horse from the Baffert stable with eyes on a possible Kentucky Derby start will need to find a new home.

The GII Fountain of Youth S. at Gulfstream will also be run Mar. 4. Baffert nominated Hard to Figure (Hard Spun), the runner-up in the GIII Robert B. Lewis S. According to Grening's report, Baffert was listed as the trainer on the nomination.

Plans for Arabian Knight (Uncle Mo) and Cave Rock (Arrogate), generally considered the top two 3-year-olds in the Baffert stable, have yet to be announced.

Baffert is expected to have starters in Saturday's GII Rebel S. at Oaklawn. All of his nominees to that race are listed under his own name. But the Rebel takes place before the Feb. 28 deadline.

The Gotham starters were not the first 3-year-olds from the Baffert barn to find a new home. After breaking his maiden for Baffert Jan. 22 at Santa Anita, Harlocap (Justify) ran for Steve Asmussen in Saturday's GII Risen Star S. He finished sixth.

The post Baffert’s Gotham Noms Switched to New Trainers appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The Week in Review: ‘Angel’ Aided by Pace Meltdown, but Overall Derby ‘Empire’ Still Hazy

Saturday's running of the GII Risen Star S. at Fair Grounds seems unlikely to produce a colt of the caliber of the race's namesake. In 1988, Risen Star captivated New Orleans as the hometown horse owned by charismatic connections, parlaying a win in the then-GIII Louisiana Derby to Grade I scores in both the Preakness S. and Belmont S. before being voted 3-year-old champion colt at year's end.

But $29.40 upset winner Angel of Empire (Classic Empire) at least fits the bill as a hard-trying underdog you can root for.

On a GI Kentucky Derby trail studded with million-dollar horses, the winner of the Feb. 18 nine-furlong leg of the Fair Grounds sophomore series is a Pennsylvania foal who was bred by Forgotten Land Investment and Black Diamond Equine.

He RNA'd for $32,000 at KEENOV, then hammered for $70,000 at KEESEP for owner Albaugh Family Stables.

Angel of Empire's only two previous victories had come at Horseshoe Indianapolis, although he had most recently finished second, beaten three lengths, in the Oaklawn stakes named after the most prolific Pennsylvania-bred of all time, Smarty Jones.

Congratulations if you managed to sniff out Angel of Empire one week ago, when he closed at 112-1 odds in Pool 4 of the Derby Future Wager.

Trained by Brad Cox and ridden by Luis Saez, Angel of Empire capitalized on an old-fashioned pace meltdown to win by a length in 1:51.47. That equates to the slowest clocking of the Risen Star in five runnings (including a spilt division in 2020) since that stakes was extended to nine furlongs from 1 1/16 miles. The Beyer Speed Figure was 87, two points higher than the colt's runner-up effort in his previous start.

Even before the starter sprang the latch, the projected hot pace on paper loomed as the $400,000 question in the Risen Star.

The speed-centric 'TDN Rising Star' Victory Formation (Tapwrit), the 9-5 favorite, was drawn way out wide in post 13. West Coast invader Harlocap (Justify), the 7-1 third choice, rolled into New Orleans with plenty of “1s” in his running lines. The pesky 25-1 Determinedly (Cairo Prince) was drawn inside of both those rivals. He was supposed to be aiming for shorter races as per his connections, but when no suitable race could be found, trainer Mark Casse decided to give him a shot at 1 1/8 miles, with an aim on letting him rip right to the front and see how far he could lead the field.

Those three scrambled for supremacy just necks apart the first time under the finish wire in the early-evening New Orleans darkness. By the time they hit the backstretch, Determinedly had the lead by 1 1/2 lengths, with Harlocap and Victory Formation both backing off a beat, but still very much fixated on the frontrunner.

At this juncture, Saez was content to keep Angel of Empire parked at the fence. But by the half-mile pole, he sensed the pace would be too taxing for the leaders to maintain, and he began slicing through the pack while maneuvering off the inside.

“The key with him is to follow the right horse,” Saez would say post-win. “We got lucky. When he got to the three-eighths  pole, I was pretty loaded. When we got to the top of the straight, I checked if I had the horse. He just kept going, and I just tried to go with him.”

There aren't too many 14-horse fields in the Derby prep series, so it was particularly intriguing to see a line of about eight horses still in it to win it by the upper portion of the long Fair Grounds home straight.

But by the final sixteenth, most of those contenders had faded away like exhausted Mardi Gras revelers, and Angel of Empire chugged by them all with a well-timed late run.

While Angel of Empire's winning final time was slow compared to previous Risen Star runnings, his final furlong of :12.95 was respectable compared to this year's peers. There have been only three nine-furlong Derby qualifying points races so far in 2022-23, and his effort represents the only sub :13 clocking.

State of the Sophomore Division

So we've now reached the 75-day mark to the first Saturday in May. Here's how the state of the 3-year-old division shakes out.

Two clear leaders sit atop the sophomore totem pole. Depending on who's doing the ranking, 'TDN Rising Stars' Arabian Knight (Uncle Mo) and Forte (Violence) are one-two in either order on almost everyone's list.

I've got Arabian Knight slotted on top in the newest installment of the TDN Derby Top 12 that will be published in Wednesday's edition. He's occupied the kingpin spot since the rankings initially got published at the start of January, based at first on his blowout MSW unveiling on the Breeders' Cup undercard, then bolstered by his commanding, control-seizing performance in the slop in the GIII Southwest S.

You can certainly make a strong case for Forte, too, although you'd have to do so without the benefit of having seen him race yet this year. His clout is based on a trio of Grade I wins at age two, including one in the deepest key race of the division in 2022 (the Breeders' Futurity S. at Keeneland) and another in his Breeders' Cup Juvenile smackdown that earned him the Eclipse Award championship.

Right behind the top two, 'TDN Rising Star' Tapit Trice (Tapit) has arguably delivered the single most empathic divisional win since January, an eight-length blowout in a one-turn-mile, first-level allowance at Gulfstream Feb. 4. That assertive effort whets the appetite for what this gray might accomplish when his distance-friendly Tapit (out of a Dunkirk mare) pedigree gets tasked with a two-turn assignment.

But beyond that? The ice remains thin on the Derby prospect pond in late February. There are plenty of horses clustered close together who have posted singularly impressive efforts and could be on the verge of further breakout races. But most of them are very light on actual racing experience, making it a dicey proposition to try and embrace any of them with confidence at this juncture.

In general, the balance of power is centered in Florida (particularly for Todd Pletcher's stable) and California (where a court order from last week will likely result in a number of high-level Bob Baffert trainees shifting to other conditioners).

The Derby preps at Fair Grounds, Aqueduct, and Tampa haven't produced any explosive, top-tier contenders yet. Although Oaklawn's Southwest S. yielded Arabian Knight, he's not nominated to this Saturday's GII Rebel S.

Thinking 'Long Range'

Long Range Toddy (Take Charge Indy) earned a footnote in Derby history back in 2019 when, as a 54-1 longshot already beginning to fade on the far turn, he was forced to check sharply as part of chain-reaction crowding that the Churchill Downs stewards deemed to have been caused by first-across-the-wire Maximum Security.

That incident resulted in the first and only disqualification of a Derby winner for an in-race foul when Maximum Security was placed behind Long Range Toddy, who ended up 17th under the wire.

Now, nearly four years later, Long Range Toddy is one of only three remaining horses from that oddball 2019 Derby to still be racing. (Can you name the other two? Answer below.)

But his streak of longevity is striking for what he hasn't done since before the Derby–win a race.

It's also amazing that the 7-year-old has garnered $1,194,670 in lifetime purse earnings without ever being sent postward as the betting favorite in 35 lifetime races.

On Saturday, in the GIII Razorback H. at Oaklawn, Long Range Toddy checked in sixth at 54-1 odds, adding another $9,000 to his bankroll.

For a large chunk of his career Long Range Toddy was campaigned by his breeder, Willis Horton. Owner Zenith Racing acquired him in the spring of 2022.

Ironically, the horse who beat him in the Razorback, Last Samurai (Malibu Moon), is owned by the limited liability company Willis Horton Racing (Horton himself died at 82 last October).

Long Range Toddy last visited the winner's circle in the 2019 Rebel S. at Oaklawn, which was two prep races prior to his brush with infamy in the Kentucky Derby.

The other two alums from the 2019 Derby to still be in training are Tax (Arch), who won a Delaware stakes last summer off a 1 1/2-year layoff (he's now based out of Palm Meadows with one race at Gulfstream this year), and Gray Magician (Graydar), who on Feb. 8 won a $25,000 claimer at Turf Paradise for his first victory since Oct. 10, 2019.

The post The Week in Review: ‘Angel’ Aided by Pace Meltdown, but Overall Derby ‘Empire’ Still Hazy appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Baffert Denied Injunction To Race in Derby; CDI Prevails In 5 of 6 Counts for Dismissal

A federal judge on Friday denied Bob Baffert a preliminary injunction that the Hall of Fame trainer had sought to be eligible to race in this year's GI Kentucky Derby.

Churchill Downs, Inc. (CDI), the defendant in Baffert's year-old lawsuit, also scored a legal victory when Judge Rebecca Jennings of United States District Court (Western District of Kentucky) granted the gaming corporation's motion to dismiss the case on five of the six counts that CDI had argued.

Baffert was attempting to reverse the second year of a two-year ban by CDI that prohibits his trainees from racing at CDI-controlled tracks, accruing Derby qualifying points and competing in the Derby.

CDI first imposed that punishment in June 2021 because of a string of drug positives in horses Baffert trained, including two in CDI's most prominent races, the 2020 GI Kentucky Oaks and the 2021 Derby.

“Churchill Downs is pleased that the Court denied Mr. Baffert's demand for a preliminary injunction and granted our motion to dismiss on all but one claim, and on that claim the Court held that Mr. Baffert did not establish a likelihood of success on the merits. Today's opinion is a victory for the integrity of horseracing and we will continue to take action to protect the safety of our human and equine athletes,” CDI spokesperson Tonya Abeln wrote in an emailed statement.

A voicemail message seeking comment from Baffert did not yield a return call prior to deadline for this story.

Baffert's attorney, Clark Brewster, spoke to TDN around 6:30 p.m. Eastern on Friday. He said he was just leaving a federal courthouse in Wisconsin after arguing another case, and that he would only be able to comment based on a summary of the rulings because he had not yet had time to fully read Judge Jennings's orders.

“This is extraordinary, because the whole alleged rule violation was based on the use of a salve or an ointment that was expressly permitted and authorized by the rules,” Brewster said. “There's no question about it. No person could look at it now and say that that was a rule violation…. So then you wonder how a private entity could just take somebody out for two years without even having an interest in knowing the merit of their position…

“All it would have taken was dialogue [with CDI], a fair exchange of information,” Brewster continued. “And this devastating action they took was very damaging to horse racing. It wasn't the use of the salve that was damaging to horse racing. It was the reaction without any knowledge or interest in obtaining knowledge…

“I haven't talked to Bob because I just stepped out of the courtroom,” Brewster said. “But I can tell you, knowing Bob well, he's amazing from the standpoint of accepting other people's actions toward him, even though they're misplaced in the facts.”

Drilling Down the Injunction Denial

“As explained, Baffert is the only trainer whose horses have tested positive in back-to-back marquee races on CDI tracks,” Jennings wrote. “Failing to punish trainers whose horses test positive in marquee races could harm CDI's reputation and the integrity of their races. Moreover, trainers have already earned points towards the 2023 Kentucky Derby. If Plaintiffs' horses are allowed to race, then they would necessarily exclude those who would have otherwise qualified,” Jennings wrote.

“The Court finds that CDI and innocent third parties who have already earned points would be substantially harmed if the court imposed an injunction. Therefore, the substantial harm factor weighs against injunctive relief,” Jennings wrote.

“The final factor the Court must evaluate is 'whether the public interest would be served by the issuance of the injunction.' There is a strong public interest in deterring misconduct on CDI's tracks. Moreover, the Sixth Circuit has held that '[t]he public has a strong interest in holding private parties to their agreements.'

“Baffert signed the Rules and Conditions for Racing and Training and the Stall Application. Accordingly, the Court is inclined to hold the parties to their agreements. The Court finds that the public interest weighs against injunctive relief,” Jennings wrote.

Baffert had initially sued CDI on Feb. 28, 2022, alleging civil rights violations related to what he said was a deprivation of his right to due process of law guaranteed under the Fourteenth Amendment.

But in her Feb 17, 2023, order, Jennings wrote that Baffert's time lag for renewing his initial motion for preliminary injunction was a factor in her determination not to grant it.

“Plaintiffs renewed their motion for a preliminary injunction approximately 10 months after filing the Complaint…” Jennings wrote. “This means they waited approximately 19 months after the [2021 CDI] suspension to request injunctive relief from this Court. In their reply and at the Feb. 2 hearing, the only excuse Plaintiffs could give for their delay was the pursuit of litigation in other jurisdictions…. Accordingly, Plaintiffs' delay weighs against a finding of irreparable harm from the outset of the Court's analysis.”

Jennings then wrote about other alleged harms Baffert had articulated.

“Plaintiffs contend that the most obvious harm they will suffer is the loss of purses. In response, Defendants contend that the loss of purse money is speculative and inappropriate for injunctive relief….Here, Plaintiffs allege that the amount of winnings they will lose due to CDI's suspension 'is impossible to calculate.' These winnings are impossible to calculate because

they are entirely speculative and theoretical….Accordingly, the Court finds that Plaintiffs' loss of purses is speculative and does not result in irreparable harm.”

Baffert had also argued that his inability to run horses in the Derby would create harms based on a loss of “goodwill” among long-standing clients with Derby prospects. Again, Jennings disagreed.

“Here, although a horse's eligibility to run in the Kentucky Derby is a once in a lifetime opportunity, trainers may enter horses every year,” Jennings wrote. “CDI's suspension is only applicable to [Baffert]. As [a trainer, he] may enter horses in every Kentucky Derby after the suspension expires…. There is no indication that owners would not continue to use Plaintiffs' services after the 2023 Kentucky Derby even if the Court did not enjoin CDI's ban…. Therefore, Plaintiffs have not demonstrated irreparable harm by losing their ability to compete in the 2023 Kentucky Derby.”

Dissecting the Dismissal Motion

Regarding CDI's motion to dismiss the case, Jennings framed her decision this way:

Count I (Violations of Civil Rights): “Plaintiffs have alleged facts sufficient to state a claim for a violation of Baffert's due process rights only as they relate to his trainer's license. Therefore, Defendants' Motion to Dismiss claim is DENIED.”

Count II (Unlawful Exclusion): “Plaintiffs have failed to assert a claim against CDI for unlawful exclusion under the common law. Defendants' Motion to Dismiss Plaintiffs' unlawful exclusion claims is GRANTED.”

Counts III-IV (Antitrust Claims): “Plaintiffs have failed to state a claim for either of the alleged antitrust claims. The Court will not address additional arguments asserted by the parties in their briefs because Plaintiffs do not have standing to assert antitrust claims as alleged. Defendants' Motion to Dismiss Plaintiffs' antitrust claims is GRANTED.”

Counts V-VI (Tortious Interference Claims): “Plaintiffs' tortious interference claims cannot succeed because CDI exercised legitimate contract rights…. Baffert violated the terms of the Rules and Conditions for Racing and Training, which prompted CDI's suspension. CDI was within its rights to suspend Baffert even if doing so harmed ongoing or prospective business relationships between Baffert and horse owners seeking his services….Therefore, Defendants' Motion to Dismiss Plaintiffs' tortious interference claims is GRANTED.”

KHRC Suspension 'Not an Issue'

After crossing the finish wire first in the 2021 Derby, Medina Spirit tested positive for the Class C drug betamethasone, which Baffert later asserted was introduced into the colt's system by way of a salve to heal a skin rash.

Medina Spirit collapsed and died after a workout at Santa Anita in December 2021. He was posthumously disqualified from the Derby by the Kentucky Horse Racing Commission (KHRC) in February 2022. Baffert's appeal on that matter (and the suspension he has already served but wants cleared from his record) is pending.

Jennings also noted within her ruling that during hearings on Feb. 2 and 3, both parties “spent a great deal of time discussing the merits of claims before the KHRC, which are not at issue here.”

She wrote that, “as the Court instructed at the beginning of the hearing on Feb. 3, whether Plaintiffs violated the KHRC rules and regulations is irrelevant. The Court will only examine whether Defendants acted within their rights to suspend Plaintiffs pursuant to federal and state law or any contracts between the parties. Therefore, the Court will not decide whether Plaintiffs violated KHRC rules and regulations by treating Medina Spirit with betamethasone because this issue is not before the Court.”

Additionally, in a separate Feb. 17 order, Jennings swatted down a Feb. 10 motion made by Baffert that asked for the judge to recuse herself from the case.

According to court documents, the stated reason for that recusal motion was that legislative lobbying efforts conducted by the judge's husband for two racing industry clients (The Jockey Club and The Stronach Group) allegedly created a conflict of interest for Rebecca Jennings in adjudicating Baffert's case.

“I have no personal bias or prejudice against any party to this litigation and I have no extrajudicial knowledge about the facts or circumstances of this case or the subject matter of this litigation,” Jennings wrote in denying the recusal motion.

“Additionally, neither I nor any member of my family has any financial interest in any of the parties or the outcome of this litigation. And, after a deep search of the law and review of all briefings, I have found no statutory or other reason for disqualification in the case before the Court and cannot recuse,” Jennings wrote.

Brewster told TDN he will be mulling legal responses based on whether it was appropriate for Jennings to issue the orders that came out on Friday in light of the pending recusal motion.

“I can tell you now that our motion to disqualify her was made in good faith, and with utmost respect for the court system,” Brewster said. “So the next thing is we have to consider the grounds for not granting our motion for recusal, and then determine whether her continued ruling somehow was not authorized [based on] the fact that she was under this recusal motion.”

“Again, we have the utmost respect [for] any judge who makes in to [a federal] position. But all parties are entitled to a clear appearance of no bias.”

The post Baffert Denied Injunction To Race in Derby; CDI Prevails In 5 of 6 Counts for Dismissal appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights