Court Allows Ruis to Pursue Justify Matter

According to the attorneys representing Mick Ruis, a Los Angeles County Superior Court has ruled that the owner can continue his attempts to have the results of the 2018 GI Santa Anita Derby overturned. In January, the California Horse Racing Board (CHRB) voted to abide by the stewards' decision to let the result stand, with Justify (Scat Daddy) declared the official winner.

The decision by Judge Mitchell L. Beckloff was in response to the CHRB's attempts to have the case halted based on a legal term known as a demurrer, which is an argument that there's no factual or legal basis for a case to go forward. With the ruling, Ruis's suit against the CHRB will now proceed. A trial date has tentatively been scheduled for August.

Ruis is the co-owner and also trained Santa Anita Derby runner-up Bolt d'Oro (Medaglia d'Oro). After it was revealed in a report in the New York Times that the Bob Baffert-trained Justify tested positive for the substance scopolamine, Ruis began his quest to have the result of the race overturned with Bolt d'Oro declared the winner.

Ruis alleges that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify tested positive for scopolamine. The CHRB acted on recommendations from then executive director Rick Baedeker and equine medical director Dr. Rick Arthur. It was their call that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

At stake is the $600,000 winner's share of the purse. Second-place was worth $200,000.

“We just want simply for the Horse Racing Board to follow its own rules,” said Darrell Vienna, who, along with Carlo Fisco, is representing Ruis. “Their rules are unequivocal. They state that when a horse carries in its system a prohibited substance of the classification that scopolamine was classified at at the time of the race, they will be disqualified. There are no ifs, ands or buts about it.”

Vienna said he is holding out hope that the CHRB will reverse directions.

“Potentially, this decision might open the CHRB's eyes and have them do the right thing rather than being forced to do so,” he said.

Friday, Vienna and Fisco issued a joint statement, which read: “We have a long way to go but are pleased that the court confirmed our client's undeniable claim in pursuing this case. Today was a technical hurdle introduced by the CHRB in attempt to escape its responsibility for the Justify debacle. We remain confident that the trial on this matter will expose the legal improprieties of the former CHRB Board and its former Equine Medical Director as well as the utter refusal by the CHRB Board of Stewards to correct an obvious injustice.”

According to the attorneys representing Mick Ruis, a Los Angeles County Superior Court has ruled that the owner can continue his attempts to have the results of the 2018 GI Santa Anita Derby overturned. In January, the California Horse Racing Board (CHRB) voted to abide by the stewards' decision to let the result stand, with Justify (Scat Daddy) declared the official winner.

The decision by Judge Mitchell L. Beckloff was in response to the CHRB's attempts to have the case halted based on a legal term known as a demurrer, which is an argument that there's no factual or legal basis for a case to go forward. With the ruling, Ruis's suit against the CHRB will now proceed. A trial date has tentatively been scheduled for August.

Ruis is the co-owner and also trained Santa Anita Derby runner-up Bolt d'Oro (Medaglia d'Oro). After it was revealed in a report in the New York Times that the Bob Baffert-trained Justify tested positive for the substance scopolamine, Ruis began his quest to have the result of the race overturned with Bolt d'Oro declared the winner.

Ruis alleges that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify tested positive for scopolamine. The CHRB acted on recommendations from then executive director Rick Baedeker and equine medical director Dr. Rick Arthur. It was their call that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

At stake is the $600,000 winner's share of the purse. Second-place was worth $200,000.

“We just want simply for the Horse Racing Board to follow its own rules,” said Darrell Vienna, who, along with Carlo Fisco, is representing Ruis. “Their rules are unequivocal. They state that when a horse carries in its system a prohibited substance of the classification that scopolamine was classified at at the time of the race, they will be disqualified. There are no ifs, ands or buts about it.”

Vienna said he is holding out hope that the CHRB will reverse directions.

“Potentially, this decision might open the CHRB's eyes and have them do the right thing rather than being forced to do so,” he said.

Friday, Vienna and Fisco issued a joint statement, which read: “We have a long way to go but are pleased that the court confirmed our client's undeniable claim in pursuing this case. Today was a technical hurdle introduced by the CHRB in attempt to escape its responsibility for the Justify debacle. We remain confident that the trial on this matter will expose the legal improprieties of the former CHRB Board and its former Equine Medical Director as well as the utter refusal by the CHRB Board of Stewards to correct an obvious injustice.”

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This Side Up: A Gift That Keeps On Giving

Hang on a minute. Weren't the seven fat years supposed to be followed by seven lean years? The way the market has gone in 2021, we have barely had seven lean minutes. Nothing, certainly, approaching the kind of reset required, logically and historically, for the cyclical functioning of capitalism.

The prospect of some such “correction” had been the only latent comfort, cold as it was, for a bloodstock market confronted by the global economic shock of the pandemic. Because a decade of almost relentless growth wasn't even ending due to any inherent weakness of the industry: we were just being broadsided, out of nowhere, by something that nobody could ever have factored into their calculations. (Not, at any rate, without Pharoah summoning Joseph from the dungeon). If we took our medicine, at least we knew that the graph now had more space to accommodate a fresh spike in the profit line.

In the event, the market barely wobbled. There were some terrifying days for the 2-year-old sector, admittedly, while clearance rates often suggested a nervous pragmatism, notably in the European market. But overall demand on both sides of the Atlantic proved far more resilient than anticipated. And we have all seen-with due relief, among those who had felt trapped by the slow cycles of our business-how values have come roaring back in 2021.

On the face of it, then, some will be wondering whether we should also renew their anxiety that the market, at some point, remains bound to overheat? The long bull run up to 2020, after all, had been driven by fiscal responses to the last emergency in 2008: continuous doping of the economy with cash, via low interest rates and quantitative easing. This recovery already has a very different feel. It must negotiate rising inflation and fractured supply chains, while the panic of stock markets Friday betrayed an ongoing instability.

Well, whatever happens, our own particular niche of the economy should not overlook a “correction” that did actually take place, this time last year. At that point, even volatility felt like a remote prospect. Everything was stuck. Whether on moral or business grounds–or both, which should perhaps always be the case for capitalism to operate healthily–many stud farms felt obliged to show breeders that they were “all in this together” and took a scythe to their fees.

Nor were they just talking a good game. Sure, even at the best of times they will always trim a few stallions that need a little help. But this time the top dozen Bluegrass farms collectively cut sires with their first foals due, for instance, by 16.2%. In 2020, they had eased the preceding intake by just 0.5%. Stallions about to present their first yearlings were slashed by 19.9%, compared with 8.33% for their predecessors in 2020. And those launching their first juveniles came down fully 22.8%, again more than double the 10.2% squeeze on the equivalent group the previous year. Moreover many senior, proven stallions–who should really have been at a premium, as a relatively safe harbor in turbulent times–also took generous cuts.

Now that the boom times seem to have returned so quickly, however, it is hardly as though stud accountants can turn round to breeders and say: “Well, thank goodness the storm seems to be abating. We do hope you guys will remember how we stood by y'all in an hour of need. But you will understand that we must now restore our prices to the levels we felt competitive, and mutually viable, before last year.”

Instead they have obliged breeders with the kind of selective cuts customary in a normal trading environment–only this time, of course, from a much lower base. And that has to mean one of two things. Either stallion fees were way too high, up until last year; or they are now pitched at such a level, in a humming market, that breeders have a pretty historic opportunity.

Take Omaha Beach, who looked very fairly priced when retiring to Spendthrift at $45,000 and duly welcomed 215 mares in 2020. The one and only reason to cut him to $35,000 for 2021 was that the late B. Wayne Hughes–leading the way, as so often, and promptly emulated by most rival farms–had responded to the crisis by reducing 15 of the farm's 21 stallions. Remember that when Bolt d'Oro had similarly started with 214 mares, in 2019, Spendthrift had left his 2020 fee unchanged.

Omaha Beach promptly replicated his debut book precisely, with another 215 covers, and has made a spectacular debut at the sales, dominating the freshmen weanling averages at $144,692. Nonetheless the Spendthrift team, respectful of the Hughes legacy, have indulged clients by giving him an extra trim to $30,000. This is the type of gesture often made by commercial farms when a young stallion, whose early supporters are demonstrably disposed to use new sires, must compete with the rookies meanwhile brought into play on two subsequent turns of the carousel. It's an incentive to keep the faith, in anticipation of continued momentum at the yearling sales and then on the racetrack. So it's a coherent and familiar strategy, albeit not one that every farm would consider particularly necessary after a sire has passed his first tests (book sizes/sales debut) as well as Omaha Beach. Without the pandemic, however, Spendthrift would surely have been cutting him from $45,000 to $40,000. So, in effect, we're getting a 25% saving on one of the most plausible prospects in Kentucky–even though the market for the sale of his foals has basically retrieved its 2019 values.

Now we all know that our industry faces some uncomfortable challenges; and that it isn't addressing some of them terribly well. But there are another 51 weeks in the year to gnash our teeth over those. For once, let's recognize some positives. A lot of people out there seem to be eager to buy themselves a Thoroughbred, just at the moment when breeding one has become more affordable. Perhaps, after the frustrations of lockdown, the affluent have been reminded that life is for living. If not, well, purse money at some tracks is even threatening to give their investment an air of viability.

So whatever twists and turns await, the initial road out of the pandemic has proved straight and smooth. And let's not forget that we were all given some free gas in the tank.

Sure, maybe stallion fees were too steep before. But they do represent a critical variable, when other base costs–such as keep and labor–are pretty constant, and sufficient to make skimping on your choice of stallion a false economy. Given how marginal a “correction” we had to absorb, in ringside demand, we should count ourselves fortunate that the stallion farms volunteered to substitute one of their own.

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First-Crop Catalina Cruiser Filly Leads Record Fasig-Tipton Saratoga Fall Sale Return

The Fasig-Tipton Saratoga Fall Sale returned Monday to Saratoga Springs, N.Y., after a hiatus in 2020 to establish new sale records for gross and top price paid for a weanling.

A filly from the first crop of multiple Grade 2 winner Catalina Cruiser topped the sale when sold for a record $195,000 to Reeves Thoroughbred Racing (video).

The chestnut filly was consigned as Hip 215 by Sequel New York, agent. The filly is the third foal out of the stakes winning Red Giant mare Catcha Rising Star, from the immediate family of Grade 2 winners Ten Below and Fortnightly. Hip 215 was bred in New York by Gentry Stable LLC. She is now the most expensive weanling ever sold at The Saratoga Fall Sale, and the highest since a colt by Into Mischief out of Darling Mambo sold for $170,000 in 2017.

A pair of weanling colts sold for $120,000 to round out the top three:

  • Hip 199, a colt by Kantharos, purchased by St Elias Stables for $120,000 from the consignment of Vinery Sales, agent. Out of Bella Cara, a half-sister to the dam of multiple graded stakes-winning millionaire Fear the Cowboy, Hip 199 was bred in New York by SGO Thoroughbred LLC.
  • Hip 265, a colt from the second crop of multiple Grade 1 winner Bolt d'Oro, purchased by Willow Brook Stables, agent for $120,000 from the consignment of Summerfield, agent. The second foal out of Judge Lee, a winning Street Cry (IRE) half-sister to multiple stakes winner Euro Platnum, Hip 265 was bred in New York by Matthew Nestor.

The session's top broodmare came in the form of Nice Smile, carrying her first foal by multiple Grade 1 winner Vekoma, which sold for $70,000 to Goose Wickes.

The 5-year-old daughter of Smiling Tiger was offered as Hip 12 by Stuart Morris, agent for Tocky Top Racing and Highclere Inc., et al. Nice Smile is a half-sister to Grade 1 placed stakes winner Red Vine (Candy Ride), who earned more than $775,000 on the track. Her dam, Murky Waters, is a half-sister to multiple graded stakes winning millionaire Fort Prado and stakes winner Cammack.

Overall, 163 horses sold for $3,657,800, a sale record gross and an 8.1 percent increase over the 2019 total, when 134 sold for $3,384,000. The average was $22,440. Seven weanlings sold for six figures.

Results are available online.

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Dam of Going to Vegas Headlines Early Fasig November Supplements

Fasig-Tipton has catalogued seven initial supplemental entries to its 2021 November Sale, which are catalogued as hips 260-266, and include:

  • Hard to Resist (Hip 264): A stakes-winning daughter of Johannesburg, she is the dam of Going to Vegas (Goldencents), recent winner of the GI Rodeo Drive S. at Santa Anita. A leader in the California female turf division with three graded stakes win in 2021, Going to Vegas is pointing for the GI Breeders' Cup Filly and Mare Turf for her next start. Hard to Resist is in foal to leading California sire Grazen. She will be consigned by Taylor Made Sales Agency, agent.
  • Caravel (Hip 265): Brilliant 4-year-old daughter of Mizzen Mast has captured three stakes victories this year sprinting on the turf. Among these wins was a dominant score in the GIII Caress S. at Saratoga. The gray also earned a Grade I stakes placing when facing males in the Highlander S. at Woodbine in August. A registered Pennsylvania-bred, she has five career stakes wins and current earnings of $400,169. Consigned as a racing/broodmare prospect by ELiTE, agent.

This group of supplemental entries also includes weanlings by Liam's Map, Uncle Mo, Munnings, War Front and Bolt d'Oro.

These entries may now be viewed online and will also be available in the equineline sales catalogue app. Print versions of all supplemental entries will be available on-site at Fasig-Tipton at sale time.

Fasig-Tipton will continue to accept approved November Sale supplemental entries through the Breeders' Cup. The November Sale will be held Tuesday, Nov. 9, in Lexington, Kentucky starting at 2 p.m.

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