Tag: Churchill Downs

CDI Releases Statement Regarding Baffert Lawsuit

Following a summary judgment issued by a federal judge Wednesday that dismissed Hall of Fame trainer Bob Baffert's lone remaining claim in his lawsuit against Churchill Downs, Inc. (CDI), Churchill Downs issued a statement on Thursday. The statement appears in its entirety below.

“Churchill Downs is pleased that the Court granted our Motion for Summary Judgement in the Civil Action brought against our company, CEO and Board Chairman by Bob Baffert, resolving in our favor the last remaining claim, just as the Court had ruled in our favor on all of his previous claims. While he may choose to file baseless appeals, this completes the seemingly endless, arduous and unnecessary litigation proceedings instigated by Mr. Baffert.

“Our actions to suspend Mr. Baffert following Medina's Spirit [Protonico]'s confirmed positive for a prohibited race-day substance, coupled with his extensive history of drug violations, was done in the best interest of protecting the integrity of horseracing. Now more than ever, participants and operators in this industry must individually and collectively assume responsibility to take every reasonable measure to protect our equine and human athletes and reject any practice that jeopardizes that mission.

“We are encouraged that the Horseracing Integrity and Safety Authority (HISA) Anti-Doping and Medication Control (ADMC) Program has gone into effect this month which will allow uniform rules to govern the industry and expedite both the testing and adjudication process which has historically created confounding delays and threatened the confidence and trust of our fans.

“As we stated when we suspended Mr. Baffert in June 2021, we reserve the right to extend his suspension and will communicate our decision at the conclusion of the initial two-year suspension period. This U.S. District Court ruling in our favor is a victory in our ongoing actions and steadfast commitment to protecting the safety of our equine and human athletes.”

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Judge Dismisses Baffert’s Lone Remaining Claim Against CDI

A federal judge on Wednesday issued a summary judgment that dismissed trainer Bob Baffert's lone remaining claim in his 15-month-old lawsuit against Churchill Downs, Inc. (CDI). The order was handed down three months after the same judge tossed out five other counts in the case that alleged civil rights violations related to the gaming corporation's two-year banishment of the Hall-of-Fame trainer.

“The Court denied Plaintiffs motion for a preliminary injunction and dismissed Plaintiffs' claims for unlawful exclusion, unlawful conspiracy in restraint of trade, unlawful use of monopoly power, tortious interference with contractual relations, and tortious interference with prospective business relations,” wrote Judge Rebecca Jennings of United States District Court (Western District of Kentucky) in her May 24 order. “Defendants now move for summary judgment on Plaintiffs' only remaining claim–breach of due process.”

Back on Mar. 14, CDI had argued that, “Because Baffert's due process claim fails as a matter of law…the Court should grant Defendants summary judgment and dismiss Baffert's complaint in its entirety.”

Jennings wrote May 24 that CDI's suspension of Baffert from CDI-owned tracks and the 2022 and 2023 GI Kentucky Derbies did not “devalue” his training license in a manner that amounted to “an indirect deprivation of a property interest.”

“[Baffert's] license was not suspended or revoked by the issuing entity, meaning he must demonstrate an indirect loss in the value of his Kentucky trainer's license. For Plaintiffs to demonstrate that this indirect injury amounted to a violation of due process, they must prove that Baffert's license was rendered valueless…

“Here, the undisputed evidence demonstrates that Baffert's license is not valueless,” Jennings wrote. “While suspended from racing at CDI racetracks, Baffert conceded that he has 'raced horses all around the world with enormous success.'

“The Court cannot find that Baffert's Kentucky trainer's license was rendered valueless when he used it to win over $1 million racing horses in the Commonwealth [at Keeneland]….Therefore, Plaintiffs cannot demonstrate that they were deprived of a property interest–a necessary element of their due process claim,” Jennings wrote.

“Plaintiffs have failed to produce specific evidence creating a genuine issue of material fact that would allow a reasonable jury to find in their favor at trial,” Jennings wrote.

“Because Plaintiffs cannot prevail on the first element of their due process claim, the Court will not continue to examine additional arguments,” Jennings wrote.

CDI first imposed its ruling-off of Baffert 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.

“Judgment is entered in favor of Defendants with respect to the claims brought in this matter,” Jennings wrote.

“This is a FINAL and APPEALABLE Judgment,” Jennings wrote. “The Clerk of Court is directed to strike this matter from the Court's active docket.”

Note: This is an updated version of a previously published story that contained an error describing the ruling. TDN regrets the mistake.

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Making Waves: Frankel Filly Stars In Florida

   In this series, the TDN takes a look at notable successes of European-based sires in North America. This week's column is highlighted by the victory of Wide West (Ire) (Frankel {GB}) in the Roar S. at Gulfstream Park on Saturday.

 

Golden Number 10 For Frankel

The Roar S. went to Frankel's Wide West for Craig Bernick's Glen Hill Farm and trainer Tom Proctor (video). The homebred is the first foal out of her dam, Deer Valley (Speightstown), who won Monmouth's Crank It Up S.

Besides Wide West, Deer Valley has the juvenile colt King Julien (Kingman {GB}) and was bred to both Candy Ride (Arg) and Quality Road last spring. She is a half-sister to GI Santa Anita Oaks winner Crisp (El Corredor)–herself the dam of Listed Japan Dirt Derby winner Danon Pharaoh (American Pharoah)–and GI Futurity S. winner and sire Whywhywhy (Mr. Greeley) is under the third dam.

Juddmonte's Frankel now has 118 stakes winners internationally with Wide West's victory. From 43 runners in the U.S., 25 have won (58%), 15 are stakes horses (35%) and 10 are stakes winners (23%). His quartet of American graded winners are led by GI Belmont Oaks heroine McKulick (GB).

 

Anodin Filly Victorious At Churchill

Chervenell Thoroughbreds, LLC's Frivole (Fr) (Anodin {Ire}) won at Churchill in her first U.S. start last week (video). Trained by Graham Motion, the 4-year-old was previously well-tried in France for breeder Wertheimer & Frere and trainer Carlos Laffon-Parias.

Knocked down to Gary Chervenell for €155,000 at Arqana's December Breeding Stock Sale, the bay is a half-sister to the dam of listed winner and dual group-placed Around Midnight (Fr) (Almanzor {Fr}), to G2 Prix de Malleret runner-up Fuse (Fr) (Teofilo {Ire}), and the yearling filly Bourrasque (Ghostzapper). Her dam, Houleuse (Dynamformer), was covered by Uncle Mo in 2022 and is distant kin to G1 Grand Prix de Saint-Cloud heroine Plumania (GB) (Anabaa).

Anodin, who stands at Haras de la Haie Neuve, has an 80% winners-to-runners ratio with his four U.S. winners coming from a pool of five runners. His first American stakes winner is Neige Blanche (Fr).

 

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White Abarrio Removed From Saffie Joseph’s Barn by C2 Racing; Heads to Dutrow

White Abarrio (Race Day) has been taken away from trainer Saffie Joseph Jr. after his suspension by Churchill Downs during a week when two of his horses died from unexplained causes at the Louisville track, according to a Tweet posted by White Abarrio's owners, C2 Racing Stable. He was scheduled to arrive at his new trainer Rick Dutrow's barn at Belmont on Tuesday.

Parents Pride (Maclean's Music) and Chasing Artie (We Miss Artie), both owned by Ken Ramsey and trained by Joseph, collapsed and died April 29 and May 2, respectively. Parents Pride was pulled up at the five-sixteenths pole during his race before collapsing, while Chasing Artie collapsed after returning to the unsaddling area after his race.

“Twenty days ago, the primary trainer for C2 Racing Stable, Saffie Joseph Jr., was indefinitely suspended by a racetrack operator and since this suspension, we have not been successful in obtaining the necessary answers from several racing jurisdictions or racetrack operators regarding future race nominations and race entries by Saffie Joseph, Jr.,” the statement posted on Twitter reads.

“Due to the lack of answers by jurisdictions and operators, they have made it very difficult to manage the remainder of White Abarrio's four-year-old campaign, thus requiring us to make a trainer change for the remainder of the year. This is definitely not our preference; however, we had two choices, remain with Saffie not knowing if our race nominations or entries would be accepted or make a trainer change so we can nominate White Abarrio to the Metropolitain Mile on June 10, 2023 and future races.

“The decision to make a trainer change is solely based on the ability to manage White Abarrio. We have the utmost confidence and trust in Saffie Joseph, Jr. and his team. We know from first-hand experience and being at the barn on almost a daily basis for the past year that he and his team deeply care for th e welfare and condition of the horses. In fact, we remain fully committed to Saffie and our twelve horses currently under his care will remain as we are very confident Saffie will be reinstated and fully vindicated in the near future.

“White Abarrio will arrive at Belmont Park this morning to his new trainer Richard Dutrow, Jr. to being preparing for the Metropolitan Mile on June 10, 2023.”

White Abarrio won a Gulfstream allowance/optional claiming race in his last start at Gulfstream on March 4, after running eighth in the GI Pegasus World Cup Invitational S., presented by Baccarat. The allowance win was his first since taking the GI Florida Derby in April, 2022.

C2 Racing Stable is owned by Clint and Mark Cornett.

Joseph was suspended indefinitely by Churchill on May 4, two days before the Kentucky Derby, and his entrant, Lord Miles (Curlin) was scratched. “Given the unexplained sudden deaths, we have reasonable concerns about the condition of his horses, and decided to suspend him indefinitely until details are analyzed and understood,” said Bill Mudd, President and Chief Operating Officer of CDI. “The safety of our equine and human athletes and integrity of our sport is our highest priority. We feel these measures are our duty and responsibility.”

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