Tag: los alamitos

Jamgotchian Sues CHRB Over Name Controversy

Thoroughbred owner Jerry Jamgotchian, who has a decades-long history as both a plaintiff and defendant in lawsuits involving horse racing entities, went after the California Horse Racing Board (CHRB) in federal court on Monday, claiming that his constitutional and civil rights were violated when the stewards at Los Alamitos Race Course denied entry to one of his horses this past summer over its purportedly controversial name.

Although the Oct. 17 United States District Court (Central District, Southern Division) civil complaint puts forth a legal argument based on whether the horse Malpractice Meuser (GB) {Helmet (AUS)}had the proper registration documentation to be allowed to race, the subtext of the case is predicated on claims that Jamgotchian's naming of the horse allegedly equates to intentional trolling or harassment of a Kentucky-based lawyer who shares that surname.

And even though that attorney was not specifically referenced in any of the court documents filed by Jamgotchian, the Louisville Courier-Journal reported as far back as May 28, 2021, that a court battle was brewing over Jamgotchian's desire to name horses that allegedly “tweak” the well-publicized legal troubles of trainer Bob Baffert.

At that time, reporter Tim Sullivan wrote that “Jamgotchian wants to call one of his colts Bad Test Bob-a jab at Baffert's recent rash of drug positives.” He also reported that Jamgotchian had paid “$1,000 to challenge the Jockey Club's refusal to sanction Malpractice Meuser, a name previously approved in the United Kingdom and inspired by one of Baffert's attorneys, Michael Meuser.”

As Jamgotchian stated in that Courier-Journal story, “As soon as we get through this, I'm going to federal district court and filing a civil rights action…And they're going to get smoked.”

Now, nearly a year and a half later, Jamgotchian has followed through on that threat of litigation, with the CHRB as the defendant. The colt's breeder, Theta Holding I, Inc., is a co-plaintiff.

The complaint alleges the CHRB violated First, Fifth and Fourteenth Amendment rights, plus federal civil rights and California state constitution rights. Among the remedies Jamgotchian seeks via jury trial are damages in excess of $250,000, plus a ruling allowing Malpractice Meuser to race in California.

Via spokesperson Mike Marten, the CHRB declined the opportunity to tell its side of the story, citing a policy of not commenting on pending litigation.

When the Bad Test Bob name got rejected by The Jockey Club, Jamgotchian told the Courier-Journal that it was not a jab at Baffert, but instead referred to “one Bob Dreyfuss of Chatsworth, Calif., and his test for COVID-19.”

In Monday's court filing, Jamgotchian asserted that under free speech laws, “Even if Malpractice Meuser's approved name might refer to a living or deceased individual with a name that includes 'Meuser, 'or refers to no one at all, it is not a valid ground to prohibit the use of such name.”

Jamgotchian's complaint stated that Malpractice Meuser had the proper Jockey Club certification from Great Britain, where the colt was foaled, and subsequently got registered as a “covered horse” once the new federal Horseracing Integrity and Safety Act requirements became active in 2022.

But, the suit stated, when Jamgotchian wanted to enter Malpractice Meuser at Los Alamitos, “The sole reason for denial of the entry was the lack of a certificate of registration for Malpractice Meuser from The Jockey Club of New York, a private club which is not a governmental entity. [And] the sole reason, in turn, the New York Private Club refused to issue a certificate of registration was the name Malpractice Meuser.”

Malpractice Meuser has raced twice in his career, but has now been off for over a year. He finished third in his Mountaineer Park debut on June 30, 2021, then fifth at Indiana Grand on Oct. 14, 2021, for trainer Eric Reed and jockey Sonny Leon.

Both times, the court filings stated, “There was no public disturbance due to the name of Malpractice Meuser when he raced.”

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Weekly Rulings: Sept. 19-Sept. 26

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 July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California

Track: Los Alamitos
Date: 09/22/2022
Licensee: Francisco Orduna-Rojas, 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 Francisco Orduna-Rojas, who rode BOX OF CHOCOLATES in the seventh race at Los Alamitos Race Course on September 18, 2022, is suspended for one (1) day (September 30, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Francisco Orduna-Rojas is assigned three (3) violation points that will be expunged on March 22, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties–second offense since July 3, 2022). Jockey Francisco Orduna-Rojas has accrued a total of six (6) points.

Track: Los Alamitos
Date: 09/23/2022
Licensee: Erick Garcia, 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 Erick Garcia, who rode TALKATIVE GAL in the second race at Los Alamitos Race Course on September 22, 2022, is suspended for one (1) day (September 30, 2022), and fined TWO HUNDRED FIFTY DOLLARS ($250.00)* for one (1) strike over the limit. Furthermore, Jockey Erick Garcia is assigned three (3) violation points that will be expunged on March 23, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties–third offense since July 2, 2022). Jockey Erick Garcia has accrued a total of nine (9) points.

Track: Los Alamitos
Date: 09/23/2022
Licensee: Salvador Iniguez, 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 Salvador Iniguez, who rode RALLY CAT in the first race at Los Alamitos Race Course on September 22, 2022, is suspended for one (1) day (September 30, 2022), and fined $250.00 for three (3) strikes over the limit. Furthermore, Jockey Salvador Iniguez is assigned three (3) violation points that will be expunged on March 23, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – first offense). Jockey Salvador Iniguez has accrued a total of three (3) points.

Track: Los Alamitos
Date: 09/24/2022
Licensee: Cesar Ortega, 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 Cesar Ortega, who rode BEING BLESSED in the THIRD race at Los Alamitos Race Course on September 23, 2022, is suspended for one (1) day (October 1, 2022), and fined TWO HUNDRED FIFTY DOLLARS ($250.00)* for one (1) strike over the limit. Furthermore, Jockey Cesar Ortega is assigned three (3) violation points that will be expunged on March 24, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – second offense since July 9, 2022). Jockey Cesar Ortega has accrued a total of six (6) points.

Track: Los Alamitos
Date: 09/24/2022
Licensee: Diego Herrera, 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 Diego Herrera, who rode WILD ARCH in the SIXTH race at Los Alamitos Race Course on September 23, 2022, is suspended for one (1) day (October 1, 2022), and fined TWO HUNDRED FIFTY DOLLARS ($250.00)* for one (1) strike over the limit. Furthermore, Jockey Diego Herrera is assigned three (3) violation points that will be expunged on March 24, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – second offense since July 4, 2022. Jockey Diego Herrera has accrued a total of six (6) points.

Track: Los Alamitos
Date: 09/25/2022
Licensee: Diego Herrera, 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 Diego Herrera, who rode ENSLEYS DREAM in the TENTH race at Los Alamitos Race Course on September 24, 2022, is suspended for one (1) day (October 2, 2022), and fined TWO HUNDRED FIFTY DOLLARS ($250.00)* for one (1) strike over the limit. Furthermore, Jockey Diego Herrera is assigned three (3) violation points that will be expunged on March 25, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – third offense since July 4, 2022. Jockey Diego Herrera has accrued a total of nine (9) points.

Track: Los Alamitos
Date: 09/25/2022
Licensee: Leigh Mace, owner
Penalty: Restoration of standing
Violation: N/A
Explainer: Owner LEIGH “ED” MACE, having complied with the provisions of California Horse Racing Board rule #1876 (Financial Responsibility – $1,203.00 to K C Horse Transport) is restored to good standing. LATS ruling #95 issued at Santa Anita Park on May 22, 2021, is set aside.

NEW YORK
Track: Aqueduct
Date: 09/25/2022
Licensee: Jalon Samuel, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to an appeal Jockey Mr. Jalon Samuel is hereby suspended three (3) NYRA racing days September 30th 2022, October 1st 2022, October 2nd 2022 inclusive. This for careless riding during the running of the fourth race at Aqueduct Racetrack on September 22nd 2022.

Track: Aqueduct
Date: 09/25/2022
Licensee: Gregg O'Donnell, owner
Penalty: $500 fine
Violation: Ownership transfer violation
Explainer: Mr. Gregg O' Donnell is hereby fined the sum of $500 dollars for violating rule # 4038.4 Sale, transfer restricted. This for transfering horse “Hero Tiger” to another trainer prior to the 30 days from the date of the claim.

Track: Aqueduct
Date: 09/25/2022
Licensee: Dylan Clarke, owner
Penalty: $500 fine
Violation: Ownership transfer violation
Explainer: Mr. Dylan M Clarke is hereby fined the sum of $500 dollars for violating rule #4038.4 Sale , transfer restricted. This for transfering horse “Hero Tiger” to another trainer prior to the 30 days from the date of the claim.

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

Albuquerque Downs
Briceida Bernejo – ruling date September 18, 2022
Jose Barajas, Jr. – ruling date September 23, 2022

Arizona Downs
Jose Leon – ruling date September 19, 2022

Charles Town Races and Slots
Marshall J. Mendez – ruling date September 15, 2022
Walter Cullum – ruling date September 23, 2022

Churchill Downs
Gabriel Saez – ruling date September 16, 2022
Isaias Ayala – ruling date September 16, 2022
Reyluis Gutierrez – ruling date September 18, 2022
Tyler Gaffalione – ruling date September 21, 2022
Carlos Villasansa – ruling date September 25, 2022 (Race 2 on Sept. 18)

Carlos Villasansa – ruling date September 25, 2022 (Race 8 on Sept. 18)

Delaware Park
Jeremy Rose – ruling date August 17, 2022
Jesus Suarez – ruling date September 23, 2022
Alberto Plaza – ruling date September 23, 2022*
Martin Solis – ruling date September 23, 2022

Finger Lakes
Steven Fret – ruling date September 21, 2022
Benjamin Hernandez – ruling date September 21, 2022

Gulfstream Park
Marc Griffiths – ruling date September 22, 2022

Horseshoe Indianapolis
Bryan Rivera – ruling date September 20, 2022
Rafael Mojica – ruling date September 20, 2022
Santo Sanjur – ruling date September 22, 2022
Delcan Cannon – ruling date September 25, 2022

Laurel Park
Jeiron Barbosa – ruling date August 7, 2022
Horacio Karamanos – ruling date August 12, 2022
Jorge Ruiz – ruling date August 25, 2022
Luis Batista – ruling date September 4, 2022

Mountaineer Park
Captured by Fate – ruling date September 19, 2022
Alex Gonzalez – ruling date September 20, 2022 (Race 4)
Alex Gonzalez – ruling date September 20, 2022 (Race 6)
Jose Davila – ruling date September 20, 2022

Penn National
Jorge M. Perez – ruling date September 23, 2022 (Sept. 21 violation)
Jorge M. Perez – ruling date September 23, 2022 (Sept. 22 violation)

Presque Isle Downs
Angel Stanley – ruling date September 20, 2022

Remington Park
Weston Hamilton – ruling date September 23, 2022
Erick Madellin – ruling date September 23, 2022

VIOLATIONS RELATED TO RIDING CROP SPECIFICATIONS

Arizona Downs
Jose Leon – ruling date September 19, 2022

VOIDED CLAIMS

Belterra Park
Mulling – ruling date September 22, 2022
Out at the Speedway – ruling date September 23, 2022

Gulfstream Park
Royal Harry – ruling date September 16, 2022
Epic Run – ruling date September 17, 2022
Raison the Glass – ruling date September 18, 2022

Hawthorne Race Course
Maligator – ruling date September 23, 2022

Penn National
On Island Time – ruling date September 23, 2022

VIOLATIONS INVOLVING FORFEITURE OF PURSE

Mountaineer Park
Jason Simpson – ten strikes; $500 fine; 3-day suspension; 5 points; purse redistribution

Arizona Downs
Jose Leon – 18-23 strikes; $750 fine; 5-day suspension; 10 points; purse redistribution

Delaware Park
Alberto Plaza – ten strikes; purse redistribution (owner of horse ridden by Jesus Suarez, who received his ruling for the related event on September 23, 2022)

Albuquerque Downs
Briceida Bernejo – ten strikes; disqualified; purse redistribution (owner of horse ridden by Luis Ramon Rodriguez, who received his ruling for the related event on September 18, 2022)

APPEAL REQUEST UPDATES

Fanduel/Fairmont
Alvin Ortiz
Crop rule violation
Ruling date September 13, 2022
Appeal filed September 16, 2022
Stay requested/subsequently granted

Prairie Meadows
Alex Birzer
Crop rule violation
Ruling date September 17, 2022
Appeal filed September 20, 2022
No stay requested

Saratoga
Kendrick Carmouche
Crop rule violation
Ruling date September 17, 2022
Appeal filed September 22, 2022
No stay requested

The post Weekly Rulings: Sept. 19-Sept. 26 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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SoCal Dates Set; Cal Expo Could Race Nights in ’23

The California Horse Racing Board (CHRB) on Thursday approved a 2023 schedule for the Southern California circuit that largely mirrors this year's version.

A final vote on the Northern California schedule was put off until the CHRB's October meeting.

But one new idea floated for the NorCal circuit during the Sep. 15 meeting could involve the Cal Expo state fair meet running either twilight or night programs next year.

Concerns over dangerously high temperatures during July, when Cal Expo is expected to receive its three-week block of dates, were cited by CHRB vice chair Oscar Gonzales as a reason for moving away from afternoon first posts.

The Sacramento track is already equipped with lights for the harness meet that it conducts in other parts of the year.

“We are prepared to help the industry, as we have in the past,” said Rick Pickering, the chief executive officer and general manager for the California Exposition and State Fair, adding that Thursday was the first time any NorCal stakeholders or CHRB members have approached him about running under the lights.

“The top priority for us is the safety of the people, the jockeys, the racing individuals, and the safety of the horses. If that's what it takes to have the best possible safe meet, let's take a look at that and see what it takes to make it actually happen,” Pickering said.

Pickering said that there are no evening concerts that use the horse racing grandstand during the fair, and although fireworks shows are sometimes scheduled, they begin at 10 p.m., presumably after racing would be finished for the night.

“Heat is something we're paying attention to. And if that's what we need to do to keep the animals and the people safe, your state fair wants to be cutting edge. We don't want to be, 'We thought about it after the fact.'”

The CHRB annually awards its race dates weekly blocks that determine simulcasting privileges. An issue that arose Thursday was which SoCal track would get those privileges during the non-racing cushion week between the county fair meet at Los Alamitos and Del Mar.

Recently, Del Mar has been awarded the simulcasting designation for that time slot, and it will again retain that week in '23.

But the board did include language in its approved motion that could shift one week of simulcasting privileges to Los Alamitos in 2024. It wouldn't necessarily have to be a July week and could come elsewhere in the calendar year, the CHRB discussed.

Gonzales altered his motion to approve '23 SoCal race dates so it stated, “with an amendment that in 2024 the intent of the board will be to award a dark week with that revenue stream to Los Alamitos.”

The vote on the SoCal dates was 6-1, with commissioner Wendy Mitchell opposing.

Prior to the vote, Mitchell had expressed concerns about making guarantees to license applicants about what the board might vote on for 2024.

“I would like us to look at the two-year calendar versus kind of just doing this ad hoc when [track applicants] pitch a hissy fit,” Mitchell said.

So the '23 SoCal schedule will be as follows (again, with dates allocations in blocks, and actual race dates to be approved by the CHRB just prior to each meet):

Santa Anita-Dec. 21, 2022 to June 20, 2023

Los Alamitos (LA County Fair)-June 21 to July 11

Del Mar-July 12 to Sept. 12

Los Alamitos-Sept. 13 to 26

Santa Anita-Sept. 27 to Nov. 7

Del Mar-Nov. 8 to Dec. 5

Los Alamitos-Dec. 6 to 19

 

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Four Stakes on Tap at Los Alamitos

Thoroughbred racing returns to Los Alamitos Sept. 16 with a seven-day season which will include four stakes races. The first of the stakes races is the $75,000 E.B. Johnston for 3-year-olds and up who are bred or sired in California. The race at one mile will be run Sept. 17.

The following day fillies and mares will face off in the $75,000 Dark Mirage S. at 1 1/16 miles. Completing the schedule are the $75,000 Los Alamitos Special for 3-year-olds and up at 1 1/16 miles on Sept. 24 and the $75,000 Capote S. for 2-year-olds at 6 1/2 furlongs on closing day, Sept. 25.

Racing will be conducted Friday-Sunday the first week (Sept. 16-18) and Thursday-Sunday (Sept. 22-25) the final four days. Post time will be 1 p.m on weekdays and 12:30 p.m. on weekends.

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