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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Sy Dog Remains Unbeaten In Transylvania

Sent off the 57-10 second-longest shot on the board for Friday's co-featured event on opening day of the spring meeting at Keeneland, Head of Plains Partners' Sy Dog (Slumber {GB}) remained undefeated in three career appearances, holding off Grand Sonata (Medaglia d'Oro) for a narrow success in the GIII Kentucky Utilities Transylvania S.. Coinage (Tapit) bid for the lead on the turn, but was outfinished by the top two and settled for third.

Racing at the back of the field and to the inside of favored Verbal (Flintshire {GB}) as they raced under the wire for the first time, Sy Dog found himself detached from the peloton as they cornered to the backstretch, as longshot Credibility (Nyquist) took them along at a sedate tempo. Coinage was happy to take the sit from second and clocked the pacesetter's every move before being allowed to stride into the lead with about 2 1/2 furlongs to travel. Verbal made a run outside of Coinage into the stretch and looked dangerous for a stride or two, but Sy Dog was asked for his best by Irad Ortiz, Jr., looked to exchange bumps on multiple occasions with Coinage into the final eighth of a mile and kicked on gamely, as Grand Sonata boxed on to earn the place spot.

“My horse was traveling perfect the whole race,” the winning jockey commented. “At the three-eighths pole, I thought it was time to pick it up. He did everything I asked for. He was ready. [Trainer] Graham Motion did a great job and I thank the owner [Head of Plains Partners] and the trainer for the opportunity.”

Sy Dog opened his account at first asking with a visually impressive victory going seven furlongs over the Belmont turf course Oct. 24 and peeled out wide in the stretch of the Nov. 27 Central Park S. at Aqueduct before behind shoved over the line a nose to the good.

Pedigree Notes:

Sy Dog is the second graded winner for his New York-based sire, who is also responsible for the Head of Plains-owned and -bred Fluffy Socks, a graded winner at two and three. My Love Venezuela is the dam of the 2-year-old filly Love Amplified (Exaggerator) and a yearling colt by Mshawish. She was most recently covered by Alternation.

Friday, Keeneland
KENTUCKY UTILITIES TRANSYLVANIA S.-GIII, $390,125, Keeneland, 4-8, 3yo, 1 1/16mT, 1:45.38, gd.
1–SY DOG, 118, c, 3, by Slumber (GB)
                1st Dam: My Love Venezuela, by Scat Daddy
                2nd Dam: Gold Point Gal, by Deputy Commander
                3rd Dam: Stylish Star, by Our Native
1ST GRADED STAKES WIN. O-Head of Plains Partners LLC; B-Head of Plains Partners & Madaket Stables (KY); T-H. Graham Motion; J-Irad Ortiz, Jr.. $244,900. Lifetime Record: SW, 3-3-0-0, $349,400. Werk Nick Rating: B. Click for the eNicks report & 5-cross pedigree.
2--Grand Sonata, 118, c, 3, Medaglia d'Oro–A. P. Sonata, by A.P. Indy. ($125,000 RNA Ylg '20 KEESEP). O/B-Whisper Hill Farm,LLC (KY); T-Todd A. Pletcher. $79,000.
3–Coinage, 118, c, 3, Tapit–Bar of Gold, by Medaglia d'Oro. ($450,000 Ylg '20 KEESEP). O-D. J. Stable LLC, Chester Broman, Sr. and Mary Broman; B-Chester & Mary R. Broman (NY); T-Mark E. Casse. $29,625.
Margins: 3/4, HF, NK. Odds: 5.70, 2.50, 5.10.
Also Ran: Napoleonic War, Verbal, Credibility.
Click for the Equibase.com chart, the TJCIS.com PPs or the free Equineline.com catalogue-style pedigree. VIDEO, sponsored by TVG.

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Sy Dog Gets First Stakes Win In Central Park At Aqueduct

The stakes action at Aqueduct Racetrack in Ozone Park, N.Y., on Saturday got off to a thrilling start as second-time starter Sy Dog came out on top over longshot Ohtwoohthreefive in a desperate finish in the $100,000 Central Park for 2-year-olds at 1 1/16 miles on the outer turf course.

Trained by Graham Motion for Head of Plains Partners, Sy Dog entered the Central Park having just one race under his belt, a promising, four-length score going seven furlongs on the turf at Belmont Park in Elmont, N.Y., on October 24, while Ohtwoohthreefive was one of the more experienced runners in the field having already made five starts in his young career.

Despite his lack of seasoning, Sy Dog was sent off as the very narrow 9-5 favorite over the Chad Brown-trained stakes winner General Ken, also 9-5 in the betting, who won the Awad at Belmont in his last start on November 5.

Deploying a tactic that netted him his impressive debut win, Sy Dog again found himself near the back of the pack under Luis Saez early in the Central Park as stretch-out sprinter Trust Daddy went out to lead the field with fellow Laurel Park shipper Wish Me Home keeping him company in second. The mid-Atlantic invaders ambled through reasonable splits of :24.44 for the opening quarter-mile, :49.12 for the half, and 1:13.28 for three-quarters, though both came up wanting when the field turned for home.

Under a full head of steam beneath Kendrick Carmouche, it was Ohtwoohthreefive that made the first move and blew the race wide open in upper stretch as Sy Dog remained patiently handled at the rear of the field. With a furlong to go, it looked as though Ohtwoohthreefive was home free, but the upstart Sy Dog came with a relentless rally to just get his nostril down on the wire and prevail in a photo finish.

“I was a little worried,” said Saez. “The horses on the lead kept going, but when he switched his lead he gave me that last turn of foot, so he came pretty fast and right on time. A pretty exciting race.

“I didn't really know [if I'd won], it was pretty tight,” added Saez. “It was close and the wire was right there so I wasn't sure, but in the last jump we found we got it.”

Sy Dog, bred in Kentucky by Head of Plains Partners and Madaket Stables, completed the distance in 1:43.42 and returned $5.80 on a $2 win wager. With the winner's share of the purse of $55,000, his career earnings stand at a nascent $104,500.

“You never know in the maiden races what you're up against,” said Motion. “He's made some of my other 2-year-olds look slow in the morning because he does things so easily. He's very classy.

“I think we'll get him down to Florida now,” added the trainer. “I'm not in a hurry to get him back but the Gulfstream stakes for 3-year-olds on the grass make the most sense.”

The New York-bred Maseta finished third, a length behind the runner-up and a head in front of a very unlucky General Ken. Ridden by Dylan Davis, General Ken was sitting in a pristine, stalking spot for the majority of the race, until his ground-saving journey turned out to be his undoing as he was glued to the rail in the stretch and unable to find any running room late.

Completing the order of finish were Grand Sonata, Geno, Wish Me Home, and Trust Daddy.

[Story Continues Below]

Live racing resumes Sunday at the Big A with a 10-race card featuring the $150,000 Autumn Days in Race 7, the Grade 3, $200,000 Fall Highweight in Race 8 and the $100,000 Tepin in Race 9. First post is 11:50 a.m. Eastern.

America's Day at the Races will present daily coverage and analysis of the fall meet at Aqueduct Racetrack on the networks of FOX Sports. For the complete broadcast schedule, visit https://www.nyra.com/aqueduct/racing/tv-schedule.

NYRA Bets is the official wagering platform of Aqueduct Racetrack, and the best way to bet every race of the fall meet. Available to horseplayers nationwide, the NYRA Bets app is available for download today on iOS and Android at www.NYRABets.com.

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Fluffy Socks Gets 91 Beyer Speed Figure For Sands Point Win, May Target American Oaks Next

Head of Plains Partners homebred Fluffy Socks posted a sharp victory in Saturday's $200,000 Grade 2 Sands Point, garnering a 91 Beyer Speed Figure in the nine-furlong inner turf test for sophomore fillies at Belmont Park in Elmont, N.Y.

Trainer Chad Brown said following the race that the now two-time graded stakes winner could potentially target the $300,000 Grade 1 American Oaks on December 26 at Santa Anita Park in Arcadia, Calif.

Fluffy Socks, with the red-hot Joel Rosario up, split rivals down the lane to overtake pacesetting stablemate Higher Truth and fended off the late rally of stakes winner Runaway Rumour to secure a narrow neck score.

Fluffy Socks is by New York-based stallion Slumber, who stands at Rockridge Stud in Hudson, New York.

“Joel gave her a great ride. She consistently shows up,” said Brown's assistant Dan Stupp. “We've always really liked her. She really came through yesterday and came out of the race great.”

Fluffy Socks, who sports a consistent ledger of 10-4-3-1, entered the Sands Point from a third-place finish in the Grade 1 Del Mar Oaks at Del Mar Thoroughbred Club in Del Mar, Calif., on August 21. She notched her previous graded stakes triumph at the California oval when completing her juvenile season with a victory in the Grade 3 Jimmy Durante.

All four of Fluffy Socks' wins have come over different ovals. During her 2-year-old season, she broke her maiden at second asking at Kentucky Downs in Franklin, Ky., en route to a victory in her stakes debut in the Selima last October at Pimlico Race Course in Baltimore, Md.

Jeff Drown, Michael Ryan, and Team Hanley's Higher Truth earned black-type for the fourth straight race, finishing less than one length of victory all four times. The daughter of Galileo set an easy pace upfront and was poised for victory in the stretch run but was ultimately collared by Fluffy Socks inside the sixteenth pole.

Higher Truth, who contested all three legs of NYRA Turf Triple series for fillies, saw a considerable cut back in distance from the 1 3/8-mile Jockey Club Oaks Invitational, where she was a close second beaten three-quarters of a length. She previously was a respective second and third in the Grade 3 Saratoga Oaks Invitational and Grade 1 Belmont Oaks Invitational.

“She comes up a touch short in her races, but she's been very consistent,” Stupp said. “I think she has a bright future ahead of her and she'll get better with age. She'll definitely stay.”

For the second week in a row, Brown secured a triumph in a major stakes race at both Belmont Park and Keeneland Race Course in Lexington, Ky. Some 90 minutes after the Sands Point, Shantisara bested stablemate Technical Analysis in the Grade 1 Queen Elizabeth II Challenge Cup at Keeneland.

Owned by Madaket Stables, Michael Dubb, and Robert V. LaPenta, Shantisara tracked Technical Analysis' moderate fractions from third down the backstretch and took command in upper stretch to win by five lengths, earning a 99 Beyer.

Last week, Brown notched the exacta in the Grade 1 Joe Hirsch Turf Classic with Rockemperor and Serve the King before Blowout and Regal Glory ran one-two in the Grade 1 First Lady at Keeneland.

“It's been a fun run here the last few weeks,” Stupp said. “Shantisara has trained extremely well here since she arrived at Belmont. They did great with her at Saratoga. She had a nice campaign and a lot of confidence. You could see it in her training that she moved forward all throughout the fall. She just looked great before she left.”

Shantisara's Queen Elizabeth II victory followed triumphs in the Jockey Club Oaks Invitational and the Grade 3 Pucker Up at Arlington Park in Arlington Heights, Ill.

“Off that [Jockey Club] Oaks victory in the fall, you could just see how much she was improving,” Stupp said.

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