Bob Baffert | Horse Racing Free Tips

One Step Forward, One Back in Baffert’s Derby-Driven Legal Odyssey

A federal judge on Thursday granted Bob Baffert the expedited preliminary injunction hearing the trainer is seeking in his fight to overturn a private-property ban by Churchill Downs, Inc. (CDI). But getting that hearing on the docket is only one step in a complicated, deadline-driven legal process in the Hall-of-Famer's long-shot quest to try to be able to saddle horses in the GI Kentucky Derby.

The just-assigned Apr. 15 date for the hearing in United States District Court (Western District of Kentucky, LouisvilleDivision) will come 22 days before the Derby.

But even if the federal judge ends up issuing an order that lifts CDI's two-year ban of Baffert over his repeated equine medication violations while that case gets heard in full, Baffert still faces a separate–and steep–legal hurdle in the form of an under-appeal 90-day suspension imposed by the Kentucky Horse Racing Commission (KHRC) because of a betamethasone positive in Medina Spirit, his now-deceased 2021 Derby winner.

Baffert is separately fighting that commission-level suspension in the Kentucky Court system, and Mar. 31 brought yet another technical twist to an already confusing plot.

The KHRC's Thursday filing in Kentucky's Court of Appeals was a motion to dismiss Baffert's appeal of a Franklin Circuit Court decision not to grant the trainer a stay or temporary injunction that would have kept the suspension and a $7,500 fine from going into effect while the KHRC's own appeals process plays out.

Here's a boiled-down sequence of what's transpired over the past six weeks in the KHRC case:

On Feb. 21, the KHRC issued Medina Spirit's dirty-test rulings against Baffert (the suspension and fine) and owner Amr Zedan (a DQ from the Derby and loss of purse winnings). Baffert and Zedan then appealed at the commission level; the appeal was granted, but on Feb. 25 a request for a stay of the penalties while the appeal played out was denied by the KHRC's executive director, Marc Guilfoil. So Baffert and Zedan took the matter to the Franklin court Feb. 28.

On Mar. 2, the Franklin judge said he would hold off on a full court hearing to decide the stay and/or injunction until after the full KHRC board had a chance to vote on the stay instead of just relying on the executive director's say-so.

On Mar. 4, the KHRC board voted 10-0 Mar. 4 to deny the stays of penalties in accordance with the decision Guilfoil had already made. Franklin Circuit Court then took up the hearing Mar. 17.

Then on Mar. 21, the Franklin judge denied the request to force the KHRC to impose any sort of stay, writing in an order that “A temporary injunction is an extraordinary remedy” that the court would not grant.

Baffert and Zedan then decided to kick the Franklin court's denial up to the higher Court of Appeals on Mar. 24.

Then, one day later, the Court of Appeals judge raised the issue of whether the underlying Franklin Court appeal originated in the correct venue in the first place. The question that judge wants answered drills down to whether or not the initial appeal of the KHRC's denial of a stay should have been heard in Jefferson County (where the Derby itself is run), Fayette County (where the KHRC's offices are headquartered), or Franklin County (where the Kentucky Public Protection Cabinet, the KHRC's parent organization, is housed).

Now, the Mar. 31 KHRC motion to dismiss asks another layer to the case by asserting that Baffert and Zedan's “failure to follow the proper procedures set forth in [state law] divested Franklin Circuit Court of jurisdiction over their appeal.”

In plain language, the “subject-matter jurisdiction” technicalitythat the KHRC raises has to do with the timing of when Baffert and Zedan filed their Franklin County appeal: It was after Guilfoil issued his no-stay determination via letter, but before the full KHRC board had voted to deny the stay. Failing to amend their filing to reflect that distinction makes Baffert and Zedan's complaint “defective,” the KHRC is arguing.

“A defective Complaint can cause a case to be dismissed for lack of subject matter jurisdiction,” the KHRC's motion to dismiss states.

“Movants' failure is more than form over substance,” the motion to dismiss states. “Movants have failed to properly place into the record the steps that are required by [state law]. Even their request for injunctive relief fails to mention the Commission's Final Order.”

Baffert's court fights are taking place against the backdrop of contingency plans that have involved transferring his Derby contenders to other trainers. This will allow those horses to try and earn qualifying points and enter the Derby in the event Baffert can't get judges to overturn both the CDI ban and also impose a stay on his KHRC suspension in time for the May 7 first leg of the Triple Crown.

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CDI: Baffert’s Derby Lawsuit a ‘Manufactured Emergency’

The gaming corporation that owns Churchill Downs told a federal judge in a late-night Tuesday court filing that Bob Baffert's lawsuit to try and get his private-property banishment and exclusion from the GI Kentucky Derby lifted would not only harm the corporation's portfolio of tracks, but would hurt the owners and trainers of other horses who have rightfully earned Derby berths but would be precluded from entering if the court rules they had to be pushed off the qualifying list to make room for the barred trainer.

“This lawsuit is Bob Baffert's latest attempt to evade responsibility for his wrongdoing,” stated the Mar. 29 filing by Churchill Downs Incorporated (CDI), in United States District Court (Western District of Kentucky).

“Baffert could have filed this lawsuit ten months ago,” the filing continued. “Instead, his lawyers spent the time working the press and trying without success to persuade other courts and tribunals of Baffert's innocence. They only came to this Court after all their other gambits and legal maneuvers failed.

“They are now rushing into this Court with the 2022 Derby just over a month away, demanding an expedited preliminary injunction on the basis of a manufactured emergency in hopes of litigating Baffert's way into the race.”

Baffert had sued CDI Feb. 28 in an attempt to get an injunction enjoining CDI from suspending him from its tracks and races, and prohibiting Baffert and/or any horse trained directly or indirectly by him from earning points, qualifying and entering the Derby in 2022 and 2023.

Baffert has since transferred four Derby aspirants to other trainers, and he is simultaneously fighting an under-appeal Kentucky Horse Racing Commission suspension of 90 days that is set to start Apr. 4 because of a betamethasone positive in Medina Spirit, his now-deceased 2021 Derby winner.

“There is no legal precedent, in more than a century of Kentucky and federal law, for what would amount to a judicial takeover of the Derby—an eleventh-hour edict forcing CDI to accept a trainer whose conduct threatens the safety and integrity of the race,” CDI's filing stated, explaining how Baffert has failed to meet any of the three requirements for relief.

“First, Baffert has not shown he will suffer irreparable harm absent an injunction,” the filing stated. “His tactical, ten-month delay negates any claim of irreparable harm. His primary alleged harm—the loss of purse money—is speculative and would be fully compensable by money damages in any event.

“Nor will he lose his client base or suffer a loss of goodwill absent relief. Since his CDI suspension began, he has run horses in hundreds of races around the world at virtually the same frequency he did prior to the suspension. Although he claims some horses have been transferred from his care, he provides no evidence that these transfers resulted from CDI's suspension, rather than from the suspension imposed by the KHRC or another state racing authority…

“Second, Baffert has failed to establish a likelihood of success on the merits. His due process claim fails because CDI is a private corporation, the individual defendants are not government officials, and no one violated Baffert's rights in any event,” the filing continued.

“Baffert's claim for “wrongful exclusion” fails because CDI has a well-settled common law and contractual right to exclude from its property and its races repeat offenders like Baffert who endanger the safety of horses and jockeys, and threaten the integrity of the sport and CDI's signature events. And his antitrust claim fails because he does not allege, let alone establish, basic elements of Sherman Act liability.

“Third, the equities cut strongly in CDI's favor. An injunction would cause substantial harm to CDI, including to its business interests, brand, and customer goodwill, and would injure the owners and trainers who would lose their fairly-earned berths in the Derby to make room for Baffert,” the filing stated.

“An injunction would also undermine the strong public interest in ensuring that all who attend, watch, or bet on horse races have confidence in the safety and integrity of the sport. For all these reasons, this Court should deny Baffert's motion for a preliminary injunction. Defendants will soon file a motion to dismiss this lawsuit in its entirety.”

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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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Shoppers Out in Force Ahead of Fasig-Tipton Gulfstream Sale

HALLANDALE BEACH, FL – A day after a well-attended breeze show and a day ahead of sale time, shoppers were out in force at the Fasig-Tipton sales barns at Gulfstream Park on a brilliantly sunny Tuesday morning.

“It's been very steady,” consignor Steve Venosa of SGV Thoroughbreds said as he watched his popular Practical Joke filly (hip 63) head out for another show Tuesday morning. “We started with our first show roughly around 8 a.m. and it's been non-stop for the last three hours. The usual faces are here and there are a few new ones, which is always pleasant to see.”

Venosa said the Gulfstream sale, which will be held in the track's paddock beginning at 2 p.m. Wednesday, is always a major stop on the calendar for his consignment.

“I think this is the best place to sell a 2-year-old in the world,” Venosa said. “It's a great surface and Fasig-Tipton is a world-class company. The weather is beautiful and I think the sale has been well-received with the amount of people that are here. This is the most important horse sale that I go to. Every year.”

Of the absence of some key consignors, Venosa added, “I am surprised. Because I think, by the amount of people who were here at the breeze show yesterday, and with the state of the market, people want to buy and it's unfortunate they didn't show up. But hopefully the people who are here are going to be rewarded for their efforts.”

Torie and Jimbo Gladwell, whose Top Line Sales had a seven-figure sale at the OBS March sale two weeks ago, will look to keep the momentum going with a three-horse consignment at Gulfstream.

“We always try to bring five or six to Gulfstream,” Torie Gladwell said. “A couple of clients had a few cross-entered into March and April and we lost one or two. And we ended up with three down here. So it's a typical consignment for us.”

Following Monday's breeze show, consignor Ciaran Dunne of Wavertree Stables described the importance of the Gulfstream sale with its South Florida backdrop and proximity to high-class racing both encouraging buyers to dream big.

“We're selling the dream,” Dunne said.

Gladwell echoed those sentiments Tuesday.

“I think we definitely need to continue this sale down here,” she said. “It's such a great market. A lot of these buyers that come from overseas just really like the atmosphere here and come down with big clients and big owners. It's a sale that we need to continue. Boyd and the Fasig team do a great job entertaining and offering all the hospitality.”

Top Line Sales was represented during Monday's breeze show with a colt by City of Light (hip 100) who worked the furlong in a co-second fastest :9 4/5.

“The track was great yesterday,” Gladwell said. “Horses seemed to go a little faster. They were getting across it a little easier than in previous years. The gallop-outs were faster and they came back not blowing and not as tired.”

Of activity at the barns Tuesday, Gladwell said, “It's been steady. The majority of the big buyers are here. There are some middle-market buyers who are showing up, so I think it's going to be a good market overall. The trainers haven't shown up yet, but I expect they'll come after training hours later today.”

Among the trainers at the barns late Tuesday morning were Bob Baffert, along with bloodstock agent Donato Lanni, as well as Simon Callaghan and agent Ben McElroy, Dale Romans and Gustavo Delgado. Representatives from Stonestreet, Spendthrift and WinStar Farms and major buyer Larry Best were busy shopping, as were agents Pete Bradley, Deuce Greathouse, Fabricio Buffolo, John Dowd, Dennis O'Neill, Jaime Hill, Conor Foley, Justin Casse, Raime Lightner, Joe Brocklebank and Patrick Lawley-Wakelin.

Hoby Kight was enjoying the view from the Hartley/de Renzo Thoroughbreds consignment as a Medaglia d'Oro colt (hip 88) he purchased for $225,000 at last year's Keeneland September sale made repeated trips from the barn to shows Tuesday morning.

“According to my consignors, they said he's been very popular and he's been out all morning,” Kight said with a smile.

Of the colt's appeal as a yearling, Kight said, “I loved his angles. As a 2-year-old guy, you want to buy a horse that you are able to see something that in the future is going to be good, something that for whatever reason, the big guys didn't go for. That's what we do. Everybody sees the obvious horse, but we have to buy the potential.”

The dark bay colt, who worked a furlong in :10 flat Monday, is the second horse Kight has bought for clients Marvin Boyd and Charlie Allen.

“They bought one a couple of years ago and it turned out good,” Kight said. “So this is the second horse they've had with me to do this. I bought the horse [hip 88] and they bought him from me within five minutes.”

Kight agreed the Gulfstream sale was an important stop on the juvenile sales season, particularly because of the Hallandale oval's dirt track.

“It's phenomenal,” he said of the sales results. “You look at all the great horses who have come out of this sale, per number, it's unbelievable.

He continued, “First of all, it's the dirt. There isn't any faking it. They are what they are. It separates them out. I have a couple of other horses for people scattered around because I am a full-fledged supporter of a good dirt horse sale. I believe in it. For what I do, I buy a horse who is always going to be a Corvette. At OBS, they all go fast. On the dirt, you can't do that.”

Danzel Brendemuehl's Classic Bloodstock consignment at Gulfstream includes a colt by Nyquist (hip 62) who worked a furlong in :9 4/5.

“It's been pretty busy,” Brendemuehl said of activity at her sales barn Tuesday. “Especially with just two horses, it's been steady and I've gone through most of my cards already. All of the right people are here. This sale has been a good sale and Boyd and Fasig have taken care of us over the years. We come because of that. The right buyers are always here. They did a great job on the breeze show. They kept the track in great shape. We were lucky the wind died down and we didn't have to deal with that like we did last year.”

Susan Montanye of SBM Training and Sales saw plenty to be optimistic about ahead of Wednesday's sale.

“It looks like there are a lot of people here,” she said. “I think everybody who needs to be here is here. It's beautiful weather and it looked like it was a great breeze show. The track was great. So I think it will be a successful sale for a lot of people. Just from the looks of it, people are here to buy.”

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