Tag: drayden van dyke

Weekly Rulings and Commissions Rulings: Oct. 4-10

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California
Track: Santa Anita
Date: 10/07/2022
Licensee: Leonard Rivero, owner
Penalty: Suspended license
Violation: Failure to appear for hearing
Explainer: Owner Leonard Rivero (DBA; WINNER CIRCLE STABLES), having failed to respond to written notice to appear before the Board of Stewards at Santa Anita Park on October 6, 2022, is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear) pending an appearance at a hearing before the Board of Stewards to answer to charges alleging violation of CHRB rule #1876 (Financial Responsibility- $2594.52 to K C Horse Transport, Inc.). Suspension to commence on October 13, 2022.

Track: Santa Anita
Date: 10/07/2022
Licensee: Luis Aguilar, owner
Penalty: $200 fine
Violation: Shoeing without license
Explainer: Owner Luis Aguilar is fined $200.00 for violation of California Horse Racing Board rule #1481 (Occupational Licenses and Fees–shoeing without a proper license)

Track: Santa Anita
Date: 10/07/2022
Licensee: Lloyd Wicker, trainer
Penalty: $500 fine
Violation: Out of competition medication violation
Explainer: Trainer Lloyd Wicker, who worked out the horse HOLLYWOOD RUMOR at San Luis Rey Downs on July 20, 2022, is fined $500.00 and assessed one half (1/2) point in accordance with California Horse Racing Rule #1843.4 (Multiple Medication Violations–Expires 10/08/23) for violation of California Horse Racing Board Rule #1868 (Authorization Medication During Workouts) and Rule #1843.1  (Prohibited Drug Substances – Phenylbutazone [(Class 4]).

Track: Santa Anita
Date: 10/09/2022
Licensee: Juan Hernandez, jockey
Penalty: One-day suspension, $250 fine
Violation: Excessive use of the whip

Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties–Class 3), Jockey JUAN HERNANDEZ, who rode TURN ON THE JETS in the ninth race at Santa Anita Park on October 8, 2022, is suspended for one (1) day (October 16, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey JUAN HERNANDEZ is assigned three (3) violation points that will be expunged on April 9, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties. Jockey JUAN HERNANDEZ has accrued a total of nine (9) points. Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 10/09/2022
Licensee: Ian Kruljac, trainer
Penalty: Reimbursement by owner of claim and stabling costs
Violation: Voided claim
Explainer: In the matter of the claim submitted for the horse GYPSY LYNN; Having received first notice of a Prohibited Substance (methocarbamol) in the post-race test sample, pursuant to Horse Racing Integrity and Safety Rule 2262 (c)(5) (Void Claim), the claim submitted for the horse GYPSY LYNN, in the first race on August 21, 2022, at Del Mar Racetrack is hereby deemed void.

The horse, GYPSY LYNN trained by IAN KRULJAC, shall be returned to owner CLARKE M. COOPER (DBA: CLARKE M. COOPER FAMILY TRUST) and CLARKE M. COOPER (DBA: CLARKE M. COOPER FAMILY TRUST) shall return the amount of the claim of TWENTY THOUSAND DOLLARS ($20,000) to owner TODD CADY by October 16, 2022. Furthermore, owner CLARKE M. COOPER (DBA: CLARKE M. COOPER FAMILY TRUST) shall reimburse owner TODD CADY in the amount of $1,679.54 for the care and training of the horse during the time the horse was in the claimant's barn.

Track: Santa Anita
Date: 10/10/2022
Licensee: Drayden Van Dyke, jockey
Penalty: Reimbursement by owner and jockey of purse money
Violation: Excessive use of the whip
Explainer: Pursuant to a formal hearing held on October 8, 2022, it is hereby ordered that BOLT'S BROAD, who finished first in the sixth race at Del Mar Race Track on September 9, 2022, be disqualified and deemed unplaced pursuant to HISA Rule 2282 (Riding Crop Violations and Penalties [Class 2 Violation]) for violation of HISA Rule 2280 (Use of Riding Crop).

It is further ordered that the purse money awarded to Owner WENDY RUIS (RUIS RACING LLC), $60,000 and Jockey DRAYDEN VAN DYKE, 4,800 be distributed in accordance with the revised order of finish by the Paymaster of Purses at Del Mar Race Track

Revised order of finish is as follows:
1st  Classymademoiselle; 2nd La Peer; 3rd Anacaro; 4th Balenciaga Betty; 5th  Free and Humble; 6th  Shirley's Bane

All records are ordered to reflect this ruling. In accordance with California Horse Racing Board rule #1956 (Race Declared Official) neither pari-mutuel payoffs nor the distribution of any pari-mutuel pool shall be affected.

New York
Track: Aqueduct
Date: 10/06/2022
Licensee: Tom Morley, trainer
Penalty: Ten-day suspension, $1,000 fine
Violation: Medication violation
Explainer: Having received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of Phenylbutazone in the post-race sample taken from Horse “Built to Last” (#4) which raced in the 3rd race and finished 1st on August 24th 2022. Trainer of record Mr. Thomas Morley having been notified of the post-race positive and having waived his right to appeal is hereby fined the sum of $1,000 and suspended ten Calendar days effective Thursday October 13th 2022, through Saturday October 22nd 2022, inclusive.

Furthermore, the Stewards order horse “Built to Last” disqualified from any part of the purse and the purse redistributed as follows:

  1. (#11) Kingstown
  2. (#12) Tommy Gun
  3. (#13) Full Complement
  4. (#10) Magic Truck

Ordered that during your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing. You are denied the privileges and use of the grounds of all racetracks, you are forbidden to participate in any share of purses or other payment. Every horse is denied the privileges of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by you, or by any individuals who serves as your agent or employee during your suspension: or (b) for which you during your suspension are directly or indirectly with training, including any arrangements to care for, train, enter, race, invoice, collect fees or other payments, manage funds, employ or insure workers, provide advise or other information or assist with any aspect of the training of such horses.

Track: Aqueduct
Date: 10/07/2022
Licensee: Edmund Davis, trainer
Penalty: Fifteen-day suspension, $1,500 fine
Violation: Medication violation
Explainer: Having received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of Phenylbutazone in the post-race sample taken from Horse “Cap't Remington” #6 which raced in the 3rd race and finished 2nd on August 5th 2022. Trainer of record Mr. Edmund Davis having been notified of the post-race positive and having waived his right to appeal is hereby fined the sum of $1,500 and suspended fifteen Calendar days effective October 16th 2022 through October 30th 2022, inclusive.

Furthermore, the Stewards order horse ” Cap't Remmington” disqualified from any part of the purse and the purse redistributed as follows:

  1. (#5) Jay'stalker
  2. (#3) Barone Marchis
  3. (#4) Makart
  4. (#2) Devil Or Angel
  5. (#7) My Slick Nick

Ordered that during your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing. You are denied the privileges and use of the grounds of all racetracks, you are forbidden to participate in any share of purses or other payment. Every horse is denied the privilages of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by you, or by any  individuals who serves as your agent or employee during your suspension: or (b) for which you during your suspension are directly or indirectly with training, including any arrangements to care for, train, enter, race, invoice, collect fees or other payments, manage funds, employ or insure workers, provide advise or other information or assist with any aspect of the training of such horses.

Kentucky
Track: Keeneland
Date: 10/08/2022
Licensee: Carlos Villasana, jockey
Penalty: Suspended license
Violation: Failed drug test
Explainer: Carlos Villasana is hereby immediately suspended by the Board of Stewards for his failed drug test (reported on October 7, 2022 as positive for cocaine) and is ordered to undergo an evaluation by a professional in the field of addictive or substance abuse disorders approved by the KHRC. Consideration for reinstatement is contingent upon the adherence to the recommendation of the approved counsellor. Mr. Villasana must also provide a negative drug test prior to reinstatement. During his suspension Carlos Villasana is denied the privileges of all facilities under the jurisdiction of the KHRC.

Track: Keeneland
Date: 10/09/2022
Licensee: Jose Ortiz, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: After a hearing before the Board of Stewards, Jose Ortiz who rode Raging Sea in the ninth race at Keeneland on October 7, 2022, is hereby suspended three days, October 19 through October 21, 2022 (inclusive) for careless riding in the stretch that resulted in the disqualification of his mount.

Track: Keeneland
Date: 10/09/2022
Licensee: Irad Ortiz, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: After a hearing before the Board of Stewards, Irad Ortiz who rode Longpants Required in the tenth race at Keeneland on October 7, 2022, is hereby suspended three days, October 19 through October 21, 2022 (inclusive) for careless riding near the 3/8 pole.

Track: Keeneland
Date: 10/09/2022
Licensee: Joel Rosario, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: After a hearing before the Board of Stewards, Joel Rosario who rode Olga Isabel in the fifth race at Keeneland on October 7, 2022, is hereby suspended three days, October 19 through October 21, 2022 (inclusive) for careless riding near the 1/4 pole that resulted in the disqualification of his mount.

NEW HISA STEWARDS RULINGS
Note: While HISA has shared these rulings over the past week, some of them originate from prior weeks.

Violations of Crop Rule
Churchill Downs
Francisco Arrieta – ruling date October 4, 2022
Francisco Arrieta – ruling date October 8, 2022

Hawthorne
Eduardo Gallardo – ruling date October 6, 2022

Horseshoe Indianapolis
Adam Beschizza – ruling date October 6, 2022
Javier Padron-Barcenas – ruling date October 6, 2022
Kendal Deann Sterritt – ruling date October 6, 2022
Eduardo Perez – ruling date October 7, 2022

Mountaineer Park
Juan Gabriel Lagunes – ruling date September 27, 2022
Luciano Barron Hernandez – ruling date September 27, 2022
Eder Luis Martinez – ruling date October 3, 2022
Luciano Barron Hernandez – ruling date October 5, 2022
I'm Praying for That – ruling date October 5, 2022
Marco Ccamaque – ruling date October 7, 2022 (violation date Sept. 28)
Marco Ccamaque – ruling date October 7, 2022 (violation date Oct. 3)

Penn National
Pedro Requena – ruling date October 6, 2022

Pimlico
Xavier Perez – ruling date September 10, 2022

Presque Isle Downs
Alexis Valdes – ruling date October 10, 2022
Wilfredo Martinez – ruling date October 10, 2022

Remington Park
Obed Sanchez – ruling date October 6, 2022

Zia Park
J.C. Villanueva – ruling date October 8, 2022

Voided Claims
Churchill Downs
Thatch – ruling date October 1, 2022

Hawthorne
Gotta Chase It – ruling date October 2, 2022

Belterra Park
Monolito – ruling date October 5, 2022

Violations Involving Forfeiture of Purse
Mountaineer Park
Marco Ccamaque – $500 fine; 3-day suspension; 5 points; redistribution of purse; 7-day additional suspension due to accumulation of HISA points; ruling date October 7, 2022 (violation date Sept. 28)

Mountaineer Park
Marco Ccamaque – $500 fine; 3-day suspension; 5 points; redistribution of purse; 15-day additional suspension due to accumulation of HISA points; ruling date October 7, 2022 (violation date Oct. 3)

Appeal Request Updates
Mountaineer Park
Marco Ccamaque
Crop rule violation
Ruling date October 7, 2022 (violation date Sept. 28)
Appeal filed October 8, 2022
Stay granted

Mountaineer Park
Marco Ccamaque
Crop rule violation
Ruling date October 7, 2022 (violation date Oct. 3)
Appeal filed October 8, 2022
Stay granted

Horseshoe Indianapolis
Eduardo Perez
Crop rule violation
Ruling date October 7, 2022
Appeal filed October 11, 2022
Stay granted

The post Weekly Rulings and Commissions Rulings: Oct. 4-10 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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HISA: Guild’s Claim of Contempt ‘Fails the Straight-Face Test’

Defending itself against contempt-of-court allegations for purportedly violating an under-dispute preliminary injunction order by imposing riding infraction penalties upon Jockeys' Guild members nationwide, the Horseracing Integrity and Safety Act Authority (HISA) fired back in federal court Tuesday with a filing that stated the plaintiffs' argument “fails the straight-face test.”

At issue is the still-disputed nature of the wording in a July 26 injunction order out of United States District Court (Western District of Louisiana), which stated that HISA rules would be enjoined in two plaintiff states until a June 29 lawsuit got decided in that court, while also noting that, “The geographic scope of the injunction shall be limited to the states of Louisiana and West Virginia, and as to all Plaintiffs in this proceeding.”

The plaintiffs–most specifically, the Guild–believe that last line of the judge's words applies to “all of the members of the Jockeys' Guild, regardless of the U.S. jurisdiction in which the jockey is riding.”

The HISA defendants have maintained that individual members of the Guild are clearly not plaintiffs in the lawsuit, and to consider them that way “would wreak havoc on the sport.”

HISA had asked the court to provide a clarification of the wording, but had first appealed the preliminary injunction to the Fifth Circuit Court of Appeals, which resulted in a stay being issued.

Now it appears as if the lodging of that appeal means no clarification will be forthcoming until the Fifth Circuit Court decides the matter it has been asked to consider, as per a separate order handed down early Tuesday evening by the district court.

“Because the Defendants have filed a Notice of Appeal before filing the Motion for Clarification of Preliminary Injunction Order, this Court does not have jurisdiction to clarify the Preliminary Injunction,” the Aug. 9 district court order stated. “The filing of a notice of appeal confers jurisdiction on the Court of Appeals and divests this Court over their aspects of the case as it rests before the Court of Appeals. Once jurisdiction has divested, this Court may not take any action that would alter the status of the case as it rests before the Court of Appeals.”

On Aug. 2 the plaintiffs, led by the states of Louisiana, West Virginia, and the Guild, had moved for a federal judge to issue an immediate order to enforce its injunction to keep Guild-member jockeys from being subject to HISA rules nationwide.

The plaintiffs also wanted the judge to make the HISA defendants explain to the court why they should not be held in contempt for “flagrantly violating this Court's injunction within a mere four days after this Court entered it.”

The Aug. 9 filing by HISA painted that dispute in a different light.

“Plaintiffs' contempt motion is beyond the pale,” is how the HISA filing started off.

“For starters, the Fifth Circuit has now stayed the preliminary injunction (PI) Order in substantial part, including as it relates to the riding-crop rules and other safety regulations that form the basis of Plaintiffs' motion,” the filing continued.

“In any event, until the Fifth Circuit's stay, the Authority complied fully with the PI Order as written. Indeed, the Authority's affirmative steps (out of an abundance of caution) to clarify the scope of the injunction contradict any suggestion that the Authority willfully flouted the Court's PI Order.”

The HISA filing continued: “The Authority complied fully with the PI Order even before the Fifth Circuit's stay orders. Plaintiffs do not contend that the Authority continued to enforce the enjoined HISA rules in either Louisiana or West Virginia (against anyone), or that the Authority continued to enforce the enjoined HISA rules against any actual Plaintiff (anywhere). And as the Authority has explained, the individual members of Plaintiff Jockeys' Guild (and other 'association plaintiffs') are not themselves 'Plaintiffs' to which the PI Order is expressly limited.

“There is good reason that the Order does not extend to all of Plaintiffs' thousands of individual members nationwide: That would transform the Court's limited preliminary injunction into the sort of expansive nationwide injunction that the Supreme Court and Fifth Circuit have sharply criticized, and it would wreak havoc on horseracing in every racing state [because some] jockeys would be subject to less protective rules (or perhaps no rules at all), while others remain subject to HISA rules.

“That is untenable,” the HISA filing summed up. “Yet Plaintiffs have offered no response to those critical legal and practical realities.”

In the Aug. 2 filing by the plaintiffs, three Guild-member jockeys (the California-based Drayden Van Dyke, plus Florida-based Edwin Gonzalez and Miguel Vasquez) were alleged to be plaintiffs who purportedly suffered new harms resulting from HISA's whip-rule enforcement that the Guild believed to be in contempt of the injunction order.

But HISA's response on Tuesday pointed out that the first two of those jockeys have yet to avail themselves of HISA's process to request stays pending appeals, and the third was never even formally penalized for the whip infraction that the Guild had alluded to in the court filing last week.

“Those jockeys have not suffered concrete harm for other reasons, too,” the HISA filing stated. “For example, the cited infractions for jockey Drayden Van Dyke (resulting in a 1-day suspension and $250 fine) would have violated California's own (pre-HISA) crop rules, and resulted in an even greater penalty. And no adverse ruling was even issued against jockey Miguel Vasquez.”

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Thursday Racing Insights: Pricey Into Mischief 2-Year-Old Starts At The Spa

Sponsored by Alex Nichols Agency

2nd-SAR, $105K, Msw, 2yo, f, 5 1/2fT, 1:39 p.m.

  Purchased for $525,000 by trainer Kent Sweezey for R.S. Evans out of this year's OBSAPR sale following a :9 4/5 breeze, ILLICIT (Into Mischief) debuts in this spot. Bred by Evans, she was purchased by Gene Recio for $150,000 at Keeneland September and Evans was so impressed with how she developed, he bought her back. The bay is out of a half-sister to GSW Ocho Ocho Ocho (Street Sense) and GSP Private Ensign (A.P. Indy).

Breaking just to her outside is Personal Pursuit (Tapit), a $500,000 KEESEP yearling, who switches from the dirt to the turf after checking in fifth in her career debut July 1. TJCIS PPs

3rd-DMR, $80K, Msw, 3yo/up, f/m, 1mT, 6:00 p.m.

   Picked up as a yearling for $625,000 out of the FTKSEL sale, Ruthless But Kind (War Front) makes her belated debut on the West Coast for owner Sondereker Racing LLC. The bay is out a multiple graded-stakes placed mare who is a half-sister to both GSW Big Bend (Union Rags) and GSP Taralena (Arch). She posted a near-bullet drill two works back, going five furlongs in :59 3/5 (2/23) July 17 and picks up Drayden Van Dyke for her debut. TJCIS PPs

The post Thursday Racing Insights: Pricey Into Mischief 2-Year-Old Starts At The Spa appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Weekly Stewards and Commissions Rulings, July 25 – July 31

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California

Track: Del Mar
Date: 07/30/2022
Licensee: Philip Tencer, owner
Penalty: Restoration of good standing
Violation: N/A
Explainer: Owner Philip Charles Tencer, having complied with the provisions of California Horse Racing Board rule #1876 (Financial Responsibility – $640.34 to Dr. Nolton Pattio) is restored to good standing. LAFL #03 ruling issued at Los Angeles County Fair on September 15, 2016, is set aside.

Track: Del Mar
Date: 07/30/2022
Licensee: Drayden Van Dyke, jockey
Penalty:  One-day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Drayden Van Dyke, who rode Mongolian Kingdom in the eighth race at Del Mar Racetrack on July 29, 2022, is suspended for one (1) day (August 6, 2022) and fined $250.00 for two (2) strikes over the limit. Furthermore, Jockey Drayden Van Dyke is assigned three (3) violation points that will be expunged on January 30, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

NEW HISA STEWARDS RULINGS

Note: While HISA has shared these rulings over the past week, some of them originate from the weeks prior.

Violations of Crop Rule

Belterra Park (Ohio)

Elder Luis Martinez – ruling date July 13, 2022

Augustin Gomez – ruling date July 21, 2022

Canterbury Park (Minnesota)

Lindey Wade – ruling date July 9, 2022

Ellis Park (Kentucky)

Abel Lezcano – ruling date July 31, 2022

Adam Beschizza – ruling date July 31, 2022

Christopher Emigh – ruling date July 31, 2022

Alice Beckman – ruling date July 31, 2022

Evangeline Downs (Louisiana)

Liandro Atempa – ruling date July 9, 2022

Joe Stokes – ruling date July 14, 2022

Treylon Albert – ruling date July 14, 2022

Finger Lakes (New York)

Luis E. Perez – ruling date July 13, 2022

Jose Cruz – ruling date July 13, 2022

Horseshoe Indianapolis (Indiana)

Orlando Mojica – ruling date July 22, 2022

Parx Racing (Pennsylvania)

Luis M. Ocasio – ruling date July 25, 2022

Angel Castillo – ruling date July 26, 2022

Presque Isle Downs (Pennsylvania)

Walber Braz Alencar – ruling date July 21, 2022

Saratoga (New York)

Luis Rodriguez Castro – ruling date July 20, 2022

Voided Claims

Arapahoe (Colorado)

Ronnie Roberts – voided claim due to Prohibited Substance detected in claimed horse (Albuterol) – ruling date July 17, 2022

Mountaineer Park – 6 (West Virginia)

SPICE IT UP x2* – voided claims due to Prohibited Substance detected in claimed horses (flunixin) – ruling date July 5, 2022

*More than one violation marked by “x2”, “x3”, etc.

Appeal Request Updates

Finger Lakes: Luis E. Perez – crop rule violation

No stay requested

Finger Lakes: Jose Cruz – crop rule violation

No stay requested

The post Weekly Stewards and Commissions Rulings, July 25 – July 31 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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