CHRB Denies Stay of Justify Decision, Will Entertain Appeal

In the latest detour in the exhaustive legal saga stemming from Justify's 2018 GI Santa Anita Derby win, the connections of the horse during his racing career filed a notice last week with the California Horse Racing Board (CHRB) requesting that the agency entertain an appeal of a recent board of stewards decision disqualifying the horse from the race and to stay the purse distribution.

In response, the CHRB have denied a stay of the stewards' decision but stated that it will “assign a Hearing Officer in this matter where the issue of timeliness of the appeal and appeal itself will be heard and a proposed decision submitted to the Board for consideration,” according to an order issued by the CHRB Tuesday.

The plaintiffs in the appeal are owners China Horse Club International Limited, Head of Plains Partners, Starlight Racing, WinStar Farm, jockey Mike Smith and trainer Bob Baffert.

After the New York Times first reported that Justify had tested positive post-race for scopolamine, Mick Ruis, owner-trainer of the runner-up that day, Bolt d'Oro, sought to have the result of the race overturned with Bolt d'Oro declared the winner.

Ruis alleged that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify's positive test. The CHRB argued that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

At the end of last year, a Los Angeles County Superior Court judge ordered the CHRB to set aside the stewards' 2020 decision and issue a new ruling disqualifying winner Justify from the Santa Anita Derby.

Early in March, the CHRB reached a separate settlement that called for the agency to pay Ruis $300,000, and to order a redistribution of the $1-million purse.

In last week's notice, Amanda Groves, who represents Justify's connections, argued that grounds for an appeal included how the plaintiffs were not a party to the lawsuit between Ruis and the CHRB, leading to “Procedural irregularities and denial of due process and/or a fair and impartial hearing.”

Groves also reiterated the CHRB's original claim, writing that “it is undisputed that the positive scopolamine test was a result of environmental contamination due to inadvertent exposure to jimsonweed in hay/straw.”

BloodHorse reported that Ruis's attorneys had filed a response arguing that none of the grounds raised in the appeal are relevant.

When asked about the contents of the letter, Darrell Vienna, who represents Ruis, told the TDN that the CHRB issued the disqualification order “because they were ordered to do so by the court.”

The court did not demand that the CHRB hold another hearing on the matter, Vienna added. “It just issued an order to disqualify the horse, Justify, and to redistribute the purse,” he said.

“If the Justify parties have issue with that, that issue should be addressed at the Superior Court, in my opinion,” said Vienna. “If the court orders a subordinate agency to do something, they must do it.”

According to last week's notice of appeal, Justify's first-place finish in the Santa Anita Derby accrued the owners a combined $585,000, while Smith and Baffert each received $58,450.

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Tamara Back on Worktab, ‘Eager to do More’ for Mandella

Spendthrift Farm homebred and 'TDN Rising Star' Tamara (Bolt d'Oro), sidelined with a fractured splint bone in her left hind leg after fading to seventh as the 4-5 favorite in the GI Breeders' Cup Juvenile Fillies, has begun to gear up for her sophomore campaign.

The talented daughter of Hall of Famer Beholder (Henny Hughes) has posted a pair of two-furlong breezes for trainer Richard Mandella over Santa Anita's all-weather surface this month, most recently stopping the timer in :23.80 (1/1) Apr. 10.

How are the initial reports so far?

“Really good,” Spendthrift Farm's General Manager Ned Toffey replied. “You know Richard. We certainly weren't gonna put any pressure and Richard is a guy who's gonna give them all the time they need. She's gotten a chance to heal up. She just needed time. There was a fracture of the splint bone on the hind leg. It wasn't anything too dramatic, but just needed plenty of time. She got that and hopefully is ready to move forward now.”

He continued, “He's breezed her twice now and has been very happy with what he's seen so far. He simply said that, 'she's eager to do more,' which I think is a great sign. Obviously, it will be a bit before she's ready to run, but we know she's in good hands. It's enough to be excited about her 3-year-old year.”

Tamara overcame a stumble at the start from her rail draw to launch her career in style with a 'Rising Star' performance at Del Mar Aug. 19. She ran to the billing as the 6-5 favorite with a 6 3/4-length tour de force over 11 rivals in the GI FanDuel Racing Del Mar Debutante S. Sept. 9, good for a 91 Beyer Speed Figure. She set the pace and tired to finish a disappointing seventh, beaten 8 1/4 lengths, behind champion Just F Y I (Justify) while making her two-turn debut in the Juvenile Fillies at Santa Anita Nov. 3.

“We're still at a point where we're gonna just continue to let her dictate to us,” Toffey said. “She's certainly a filly who's shown enough that she can be anything. Obviously, we'd love to see her land in the Breeders' Cup at the end of the year, she's the kind of filly that could put you there. Richard will listen to her and let her tell us when she's ready to roll. Hopefully, she stays sound and we can have the kind of year that you would hope that a filly like that can give you.”

Tamara is the fourth foal from the aforementioned four-time champion and three-time Breeders' Cup winner Beholder. Beholder's colt by Curlin, now two, brought a sale-topping $4 million from Zedan Racing at Fasig-Tipton's Saratoga Sale last summer. Beholder has also produced 2023 GIII Senorita S. heroine Teena Ella (War Front). She had a filly by Jackie's Warrior Feb. 13, and, according to Toffey, is currently in foal to Gun Runner for the 2025 season.

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Omaha Beach’s Hot Beach Runs Them off Their Feet in Limestone

After the FanDuel Limestone S. was taken off the grass, Hot Beach (Omaha Beach) did not mind a wet main track one bit as she rolled home a winner at Keeneland on Friday.

The dark bay began her career last summer at Ellis Park with a runner-up finish and then won the Debutante S. at the Pea Patch in mid-August. A well beaten third behind 'TDN Rising Star' V V's Dream (Mitole) in the GIII Pocahontas S. at Churchill Downs a month later, Hot Beach was last seen running second to MGSP Youalmosthadme (Oxbow) in the Myrtlewood S. at Keeneland in late October.

Well-backed at the windows as the 4-5 choice here, the Brian Lynch trainee broke like a shot out of the gate and set the tone up the backstretch. With the field unable to reel her in, Hot Beach continued to make every pole a winning one and she kept finding down the lane to secure her second black-type win.

“I tried to follow my good buddy (trainer) Wesley Ward's instructions over the years: Leave there running,” said Lynch. “I hope (she's gotten better); I hope she makes this transition from two to three (years old). She had a great little 2-year-old campaign, and Jose worked her a bit during the winter, so I felt very comfortable with him up on her today. It was a good result. It's a lovely race to win here in the spring.”

The winner's unraced dam last year produced a filly by Charlatan and she foaled a colt Feb. 13 named Flip Flop Freak (Life Is Good). Hot Beach's second dam, GSP Elusive Heat (Elusive Quality), is out of champion 3-year-old filly and GI Prioress S. heroine Xtra Heat (Dixieland Heat).

FANDUEL LIMESTONE S., $244,563, Keeneland, 4-12, 3yo, f, 5 1/2f (off turf), 1:05.70, sy.
1–HOT BEACH, 118, f, 3, by Omaha Beach
                1st Dam: Hot Water, by Medaglia d'Oro
                2nd Dam: Elusive Heat, by Elusive Quality
                3rd Dam: Xtra Heat, by Dixieland Heat
($160,000 Wlg '21 KEENOV; $400,000 Ylg '22 FTSAUG). O-Boardshorts Stables, LLC; B-Cobalt Investments, LLC (KY); T-Brian A. Lynch; J-Jose L. Ortiz. $149,188. Lifetime Record: GSP, 5-2-2-1, $320,883. *1/2 to Tracksmith (Street Sense), SW & GSP, $282,133, Scalding (Nyquist), MGSW, $325,800 and Hot and Sultry (Speightster), GSW & GISP, $621,620.
2–Zoe's Prime, 118, f, 3, Bolt d'Oro–Petunia, by Into Mischief. ($20,000 Ylg '22 KEESEP; $38,000 2yo '23 OBSAPR). 1ST BLACK TYPE. O-Chris S. Aulds and Keith F. Johnston; B-Jumping Jack Racing LLC (KY); T-Jose M. Camejo. $48,125.
3–Kodiac Wintergreen (Ire), 118, f, 3, Kodiac (GB)–Humble And Proud (Ire), by Pivotal (GB). (€160,000 Ylg '22 GOFOR). 1ST BLACK TYPE. O-Bregman Family Racing LLC; B-Patrick Grogan (IRE); T-George R. Arnold, II. $19,250.
Margins: 4, 1, 1 3/4. Odds: 0.99, 5.04, 10.06.
Also Ran: Big Trouble, Antique Silver, Midnight Angel, Foxxy Cleopatra, Greavette. Scratched: Amidst Waves, Crimson Advocate, Nice as Pie, Pipsy (Ire), Toupie, Xtreme Diva.
Click for the Equibase.com chart or VIDEO, sponsored by FanDuel TV.

Sales history: $160,000 Wlg '21 KEENOV; $400,000 Ylg '22 FTSAUG. O-Boardshorts Stables, LLC; T-Brian Lynch; B-Cobalt Investments (KY).

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Bolt d’Oro Colt Fastest On OBS Friday

Delayed a day due to severe weather in central Florida, the under-tack show for the Ocala Breeders' Sales Company's Spring Sale of 2-Year-Olds in Training got back underway Friday with a colt from the third crop of Spendthrift stallion Bolt d'Oro (hip 787) setting the high mark at :9 3/5. Consigned by Top Line Sales, which continued to be well-represented Friday after posting five of the top 18 fastest furlong works during Wednesday's session, the juvenile was purchased as a yearling by Cash Bloodstock at Keeneland September last year for $90,000. One of three to hit the :9 3/5 mark so far this week, he is out of a winning Speightstown dam who has produced five winners from six to race, led by stakes winner Blame J D (Blame) and stakes-placed $350,000 OBS March grad Golden Nugget  (Mendelssohn).

New York Going Strong

A registered New York-bred filly (hip 752) by Central Banker posted one of only two :9 4/5 works Friday. Three Diamond Farm's Kirk Wycoff signed the ticket as Bronco Bloodstock when he went to $32,000 to purchase the filly last year at the Fasig-Tipton Saratoga New York-Bred Yearling Sale. It was one of five yearling purchases made by Bronco Bloodstock over the two-day sale. Four of those five yearlings are being resold at OBS April, with two (hip 637 and hip 253) joining hip 752 by working in :9 4/5 earlier in the week. The last of the four (hip 869) is expected to breeze Saturday. All four hips sell with the Wavertree Stables consignment.

“It's two chances for the price of one,” said Ciaran Dunne of Wavertree Stables. “Kirk Wycoff is in a spot where, if something happened and he wasn't able to sell, then he's quite happy to race. That's the main appeal of the New York-breds. He likes to race at Saratoga, so he tried to pick some that he thought fit that bill.”

After several nice days of breeze-friendly weather, including a tail wind down the lane, conditions weren't quite as kind to workers Friday.

“She [hip 752] was fortunate enough that she got out there before the wind got up,” Dunne said. “I think the track was fair. We expected her to work well. I think the main difference today is that we've had the tail wind all week and then it turns around and it's in their face, so that was a double whammy.”

Hip 752 is the second foal out of the unraced Tanmawwy (Candy Ride {Arg}), a daughter of group-placed Wasseema (Danzig) and a half-sister to stakes-placed Ekhtibaar (Bernardini). This is also the family of French group winner Funny Kid (Lemon Drop Kid) and MGSW Candy Man Rocket (Candy Ride {Arg}).

The same line of storms that canceled Thursday's under-tack show dropped north of an inch of rain around the Ocala area, but Dunne was quick to compliment track conditions even after the deluge.

“The track is fine.” he said. “That's the great thing about this surface is that, even after weather like that, it's still usable and it's still safe. The wind was the bigger factor today and she was lucky to get out there early.”

Sellers, Dunne included, continue to look forward to OBS April off of a strong and steady March renewal.

Hip 752 | Judit Seipert

“We're cautiously optimistic,” said Dunne. “March was solid without being outstanding and, I think as April gets stronger, it puts more pressure on March. People know there are 1200 hips more to come, so it's easier to sit back [in March] and say you'll wait a little. But April is obviously the big one now, so we've been optimistic.”

Also working in :9 4/5 Friday was hip 839, a colt by Army Mule out of Waltzing (Candy Ride {Arg}), who is a half-sister to graded winner Dancing Solo (Giant's Causeway) and Grade I-placed Dancing (Bernardini). The dark bay is consigned by Omar Ramirez Bloodstock on behalf of Eric Delvalle, who purchased him for $45,000 at last year's Keeneland September sale. Also on behalf of Delvalle, Ramirez sent out a filly by Omaha Beach (hip 308) to work the furlong in :9 3/5 during Monday's second session of the under-tack show.

A colt from the first crop of McKinzie (hip 862) was responsible for Friday's fastest quarter-mile work, working in :21. Out of a stakes-winning first dam, the juvenile, consigned by Pick View LLC, sold for $110,000 at Keeneland last September to Stock Thoroughbreds.

The under-tack show continues Saturday with hips 864-1035, with an additional day added Sunday for hips 1036-1208 to compensate for Thursday's unexpected cancellation. The OBS Spring sale will be held Tuesday through Friday, with bidding starting each day at 10:30 a.m.

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