Champion Midnight Bisou Pronounced In Foal To Curlin

Hill 'n' Dale Farms announced today that Eclipse champion Midnight Bisou, the richest North American distaffer of all time, with earnings of $7,471,520, has been pronounced in foal to two-time Horse of the Year and champion sire Curlin.

Never out of the money in any of her 22 career starts for co-owners Bloom Racing, Madaket Stables LLC and Allen Racing LLC., the well-traveled mare raced at 10 tracks and was awarded an Eclipse Award in 2019 as champion older dirt female. Her Grade 1 victories came in the Santa Anita Oaks, the Cotillion Stakes, the Apple Blossom Handicap, the Ogden Phipps Stakes, and the Personal Ensign Stakes.

Her sire, two time Breeders' Cup winner Midnight Lute stands alongside Curlin at Hill 'n' Dale at the farm's new stallion complex.

“Midnight Bisou was a mare with extraordinary ability. One can only imagine the possibilities from the mating of two such Greats of the breed,” said John G. Sikura, president of Hill 'n' Dale.

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Making Claims: Let The Courts Strengthen What It Means To Be A Thoroughbred

In “Making Claims,” Paulick Report bloodstock editor Joe Nevills shares his opinions on the Thoroughbred industry from the breeding and sales arenas to the racing world and beyond.

It came as no surprise when The Jockey Club's Stud Book cap on foals born in 2020 or later was formally taken to the courts on Tuesday. The only question was who would be the one to throw the gauntlet down, and when they'd do it.

Now that the bell has officially been rung, there's potentially a lot more on the line than just how many mares a stallion can breed in a year. The very nature of what a Thoroughbred is, and how one is made, could hang in the balance.

In the complaint filed by Spendthrift Farm, Ashford Stud, and Three Chimneys on Tuesday, one of the demands from the plaintiffs reads as follows:

“For an injunction requiring the [Kentucky Horse Racing Commission], through its Chairman and Executive Director, to permit Thoroughbreds to race in Kentucky regardless of their inclusion in the Jockey Club Registry.”

Taken at face value, this reads like a simple request to allow stud farms to continue breeding as many mares to its stallions as they want, beyond the 140-mare cap. For all we know, that might be the only thing the plaintiffs had in mind when the document was written up.

However, the open-ended nature of its language could potentially prop open the door to sidestep other longstanding rules that define what a Thoroughbred is anywhere in the world – namely, that they must be conceived on a live cover.

A horse of Thoroughbred blood conceived via artificial insemination, embryo transfer, cloning, or any other means besides the only one that's allowed, is not a true “Thoroughbred” by The Jockey Club's definition, and it would not be included in the registry. This is one of the building-block rules of the breed.

If Thoroughbreds are allowed to race in Kentucky regardless of their inclusion in the Jockey Club registry, the lock to Pandora's Box would seemingly be left unfastened for whatever interpretation one would want to use.

The live cover issue is one that's being debated and litigated on a global scale, and blowing open the American Stud Book would be a huge precedent with potentially vast ripple effects. The plaintiffs are aware of that global balance, noting in their filing that foals conceived after a stallion's 140th mating of the season would not be eligible for registration in any reputable jurisdiction in the world once it's deemed unable to be registered domestically.

This is a court case that could change the process of Thoroughbred breeding worldwide. It's also an incredible opportunity to reinforce the legal standing of the Stud Book cap and, in turn, the very definition of a Thoroughbred, assuming The Jockey Club and its fellow defendants prevail.

If this conflict was inevitable, which it was as soon as the cap was announced, it's best to get it over with.

Speaking with some prominent figures in Kentucky's stallion industry, I wasn't alone in this thought process.

“I think everybody thought it would come to some kind of challenge, be it stallion farms or an individual breeder who couldn't breed to the horse they wanted to because he was over 140,” said John G. Sikura of Hill 'n' Dale Farms. “While it's frustrating and takes a long time, I think the legal challenge is a good one to answer the question. When something's legally held, whether you like it or don't like it, the future is defined. It's better than being muddled or uncertain.”

The question of whose job it is to regulate Thoroughbred breeding, The Jockey Club or the individual state commissions, is one of the core issues of the lawsuit. Settling the matter in the courts would not only firm up the legal standing of the Stud Book cap, a win for The Jockey Club would also better establish its authority to set and enforce rules in an industry where so many other guidelines vary from state to state.

There are enough drums beating for a central national authority in horse racing, so I won't add my mallet to it here, but it's hard to argue that the industry would be helped in any way by a weakened Jockey Club – arguably the closest thing we have to that central office.

Duncan Taylor of Taylor Made Farm said he understood the reasoning behind the suit, specifically noting the cap's restriction on the idea of free-market capitalism, but he also noted that hardly any industry goes completely unregulated. Any form of regulation is ultimately a man-made restriction to the marketplace, and if man-made rules are created in any venue, they tend to be challenged.

Even if the lawsuit's demand language did explicitly state that it only wanted to overturn the Stud Book cap, Taylor said a defeat of that magnitude in court could make it easier to pull apart other pillars of The Jockey Club's rulebook.

“I would say that I could file today and say we should have artificial insemination, and if their case wins, then the AI case ought to definitely win,” he said.

This case could be seen as a potentially helpful one for proponents of the cap, immunizing it from future legal challenges, but it's only helpful if The Jockey Club and the other defendants win. Otherwise, there will be a lot of open-ended questions suddenly needing answers.

If you're looking for past performance, there is a bit of precedence in this matter, and it looks good for the cap staying in place.

When the United States Trotting Association worked toward instituting its own stud book cap for Standardbreds in the mid-2000s, and ultimately implemented it in 2009 (Spoiler alert: Everything was fine), there were several legal challenges that the measure had to overcome from parties claiming it violated antitrust laws.

I wanted to get some perspective on what to expect from the legal challenges, so I spoke with USTA president Russell Williams, who was a board member at the time the Standardbred rule was implemented. He was one of the cap's most vocal supporters, despite running top breeding operation Hanover Shoe Farms, which took one of the biggest hits from the new rule.

Williams, himself a lawyer, said the rule was created with the expectation that it would have to prove itself out in court, so steps were taken ahead of time to make sure it would stand up to the barrage. An intensive study by the University of Kentucky's Dr. Gus Cothran was commissioned to establish scientifically that there was a looming issue with genetic diversity. Then, the language was given the green light by one of the country's leading law firms specializing in antitrust.

Williams said he expected The Jockey Club would come out on top in the end, even if the case and the argument aren't quite apples-to-apples with what the USTA faced. The burden of proof in the scientific backing will rest harder with The Jockey Club, given it hasn't publicly produced a similar go-to study to hold up against the claims that the science isn't there, as accused by the plaintiffs.

With that being said, the diminishing variety in the Thoroughbred gene pool doesn't take a PhD to deduce in the annual Report of Mares Bred.

The foal crop is at its lowest point in decades, fewer stallions are standing at stud, and the number of stallions covering 140-plus mares per season has exploded since the turn of the century. These trends have been a part of The Jockey Club's platform for the cap since it first went public with a proposed rule change in the summer of 2019.

Putting names behind the numbers further shows just how compounded the top of the Thoroughbred market could become if the trend continues. Of the 42 stallions that covered 141 or more mares last year, 15 were by one of five sires: Curlin, Into Mischief, Uncle Mo, Speightstown, and Tapit. Of those five stallions, all but Tapit were also in the group themselves.

Though the odds appear to tilt toward the defendants, one can't expect this will be resolved quickly, or even necessarily in the defendants' favor. If it goes before a jury, as the plaintiffs requested, juries have done crazier things. Either way, this won't be settled as quickly and neatly as a one-hour episode of Law and Order.

Meanwhile, the first foals affected by the Stud Book cap will go through the sales ring as yearlings this summer and fall. It would be nice for everyone involved if they knew exactly what kind of blue sky they were buying into at that point in the calendar, but we can only venture a guess as to what might happen in the months between then and now.

If all goes as expected, I figure the breed will emerge from this lawsuit better off for it. Now, let's just see if it all goes as expected.

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Champion Midnight Bisou Arrives At Hill ‘N’ Dale Farm; Will Be Bred To Curlin

Eclipse champion Midnight Bisou, the richest North American distaffer of all time with earnings of $7,471,520, arrived at Hill 'n' Dale at Xalapa today and will be bred to two-time Horse of the Year and champion sire Curlin.

Never out of the money in any of her 22 career starts for co-owners Bloom Racing, Madaket Stables LLC and Allen Racing LLC., the well-traveled mare raced at 10 tracks and was awarded an Eclipse Award in 2019 as champion older dirt female.

Her Grade 1 victories came in the Santa Anita Oaks, the Cotillion Stakes, the Apple Blossom Handicap, the Ogden Phipps Stakes, and the Personal Ensign Stakes.

Her sire, two-time Breeders' Cup Sprint winner Midnight Lute, currently ranks eighth on the Blood-Horse general sire list with earnings of over $7.5 million, according to the TDN.

“Midnight Bisou was a mare with extraordinary ability,” said Hill 'n' Dale president John G. Sikura. “We are honored that the owner has entrusted us with her care.”

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Curlin, Kitten’s Joy Top 2021 Stallion Roster For Hill ‘N’ Dale At Xalapa

A new chapter begins for Hill 'n' Dale as the stallions take up stud duty at Xalapa Farm just outside of Paris, Ky.

The 13-strong stallion roster, led by stalwart breed-shapers Curlin and Kitten's Joy, arrived a week ago to the newly renovated and restored 1,400-acre stallion station and nursery.

“We are aware of the pressures on the market due to the uncertain climate we find ourselves in,” said John G. Sikura, president of Hill 'n' Dale at Xalapa. “Hill 'n' Dale will once again look to be an industry leader by offering exceptional value in its entire roster. We are all in this together and together we will grow stronger as an industry.

“There are two stallions on the roster in particular who embody our effort to provide exceptional value in these challenging times,” Sikura continued. “Maclean's Music is emerging as an important young sire. Jackie's Warrior has been described as the best two year old in the country. He is yet another example of his sire's ability to produce an elite runner. In addition, Violence who has led virtually every category since his runners hit the track is the co-leading sire of Grade 1 winners with the likes of Into Mischief. His future remains bright. I repeat, we are all in this together.”

Below is the 2021 roster along with fees:

Army Mule
2014, Friesian Fire – Crafty Toast, by Crafty Prospector
$7,500 LFSN

Bayern
2011, Offlee Wild – Alittlebitearly, by Thunder Gulch
$7,500 LFSN

Curlin
2004, Smart Strike – Sherriff's Deputy, by Deputy Minister
$175,000 LFSN

Flintshire
2010, Dansili – Dance Routine, by Sadler's Wells
$10,000 LFSN

Good Magic
2015, Curlin – Glinda the Good, by Hard Spun
$30,000 LFSN

Kantharos
2008, Lion Heart – Contessa Halo, by Southern Halo
$30,000 LFSN

Kitten's Joy
2001, El Prado – Kitten's First, by Lear Fan
$60,000 LFSN

Lost Treasure
2015, War Front – Wading, by Montjeu
$5,000 LFSN

Maclean's Music
2008, Distorted Humor – Forest Music, by Unbridled's Song
$20,000 LFSN*
*Fee valid on contracts signed prior to Breeders' Cup

Midnight Lute
2003, Real Quiet – Candytuft, by Dehere
$15,000 LFSN

Stormy Atlantic
1994, Storm Cat – Hail Atlantis, by Seattle Slew
$10,000 LFSN

Violence
2010, Medaglia d'Oro – Violent Beauty, by Gone West
$25,000 LFSN

World of Trouble
2015, Kantharos – Meets Expectations, by Valid Expectations
$15,000 LFSN

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