Baffert vs. NYRA Fight Grinds On

Bob Baffert filed a legal response Friday to the New York Racing Association (NYRA)'s recent attempt to dismiss his amended civil complaint, in which the Hall-of-Fame trainer is fighting an allegedly “sham” hearing process initiated by NYRA to determine if he will be excluded from New York's premier tracks.

The Dec. 10 filing in United States District Court (Eastern District of New York) rebutted and reargued a number of legal points that have already been volleyed back and forth by both sides since Baffert filed the initial version of his lawsuit June 14.

But one updated section lets the judge know about the Dec. 3 urine test results that the trainer's legal team claims “have confirmed scientifically” that the betamethasone in Medina Spirit's system after the colt won the GI Kentucky Derby came from a topical ointment and not an intra-articular injection.

Yet this new information about Medina Spirit's urine was imparted in the filing without any mention of the tragic turn of events that took place about 72 hours after those test results were made public, when the Derby winner collapsed and died after laboring through a workout at Santa Anita Park.

It's understandable that Medina Spirit's Dec. 6 death is not a legal point that Baffert's counsel considers relevant to the case, which deals primarily with allegations and incidents that occurred months ago.

But to a layman reading the court filing with the knowledge that Medina Sprit's untimely and sudden passing rocked the sports world and dominated the international racing news this week, it does come across as a jarring omission of context in the overall saga.

“Unfortunately, NYRA refused to wait for the results of the aforementioned testing or to otherwise allow the comprehensive administrative process which must take place in Kentucky to play out,” Baffert's filing stated.

“Instead, on May 17, 2021, prior to the initiation of any administrative processes in Kentucky, NYRA took the unprecedented step of announcing that it was immediately and indefinitely suspending Baffert from entering horses in racetracks that it operates, including Belmont Park, Saratoga Race Course, and Aqueduct Racetrack,” the filing continued.

NYRA had banished the seven-time GI Kentucky Derby-winning trainer 16 days after Medina Spirit tested positive for a betamethasone. But NYRA's stated desire to rule off Baffert goes beyond Medina Spirit's still-in-limbo Derby penalization status, which has not yet even resulted in a Kentucky Horse Racing Commission hearing.

In the 12 months prior to Medina Spirit's positive, four other Baffert trainees also tested positive for medication overages, two of them in Grade I stakes, and this has been a key plank in NYRA's argument.

On July 14, the court granted Baffert a preliminary injunction that currently allows him to race at New York's premier tracks until his lawsuit gets adjudicated in full.

But the judge also wrote in that ruling that “Baffert should have been given notice of all of the reasons that NYRA intended to suspend him.”

So in the wake of that decision, NYRA drafted a new set of procedures for holding hearings and issuing determinations designed to suspend licensees who engage in injurious conduct. On Sept. 10, NYRA then summoned Baffert to appear at an exclusion hearing.

Baffert first filed a motion asking the judge to hold NYRA in civil contempt for trying to schedule such a hearing and to stay the hearing itself. When those requests were denied, he amended his original complaint to try and keep that hearing process from moving forward (it's currently scheduled to begin Jan. 24).

When NYRA previously addressed the issue of the hearing in court documents, it termed Baffert's characterization of the process as “misguided,” noting that “Plaintiff s argument that he had no notice of the conduct prohibited by NYRA likewise fails given that common law has long recognized the standards and interests NYRA intends to uphold.”

NYRA had also previously pointed out to the judge that it was “providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction–notice and an opportunity to be heard.”

On Friday, Baffert's filing contended that, “Shockingly, NYRA's Motion to Dismiss even asks this Court to dismiss the [civil action for deprivation of rights claim] on which Baffert has already prevailed. Baffert's Amended Complaint states valid claims for each of the five causes of action…NYRA's Motion to Dismiss should be denied in its entirety.”

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Average Daily Handle Eclipses $10 Million During Aqueduct Fall Meet

The recently concluded 15-day fall meet at Aqueduct Racetrack generated $10,295,293 in average daily handle from all sources, the New York Racing Association, Inc. (NYRA) announced today. With this year's 11.2 percent increase over 2020, average daily handle at the Aqueduct fall meet has risen 25.4 percent since 2019.

The continued growth in average daily handle aligns with the broader trend at NYRA, as reflected in sustained increases in that metric at Belmont Park and Saratoga Race Course. Average daily handle at the Belmont fall meet has grown 39 percent since 2019 with the 2021 summer meet at Saratoga eclipsing $20 million in average daily handle for the first time in history.

Despite hosting three fewer race days than 2020, all sources handle for the Aqueduct fall meet totaled $154,429,388 compared with $166,702,976 in 2020. The 2019 fall meet, which was contested over 25 days, generated all sources handle of $205,249,710.

The opening of the fall meet marked the return of in-person attendance for the first time since the onset of the COVID-19 pandemic in March 2020. As a result, on-track handle was $15,268,541, a 35.1 percent increase over 2020 when only a limited number of owners were permitted to attend live racing. The 2019 fall meet, which was contested over 25 days, generated on-track handle of $20,712,645.

With the benefit of two turf courses available at Aqueduct, 74 races were run over the grass with just six races forced off the turf due to weather during the fall meet. In 2020, 68 races were run over the grass with 11 races forced off the turf due to weather.

Average field size for the 145 total races run during the fall meet was 8.90, a 2.6 percent increase over 2020 and 5.9 percent higher than 2019.

The 2021-22 Aqueduct winter meet, which begins today, continues through Sunday, March 27.

America's Day at the Races will present daily coverage and analysis of the winter 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.

The post Average Daily Handle Eclipses $10 Million During Aqueduct Fall Meet appeared first on Horse Racing News | Paulick Report.

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Average Daily Handle Strong at Aqueduct

Average daily all-sources handle for the recently concluded 15-day Aqueduct fall meet was $10,295,293, according to a release Thursday from the New York Racing Association. That figure represents an 11.2% increase over 2020, and average daily handle at the fall meet has risen 25.4% since 2019.

The release noted that NYRA has also seen strong handle growth at Belmont Park and Saratoga Race Course: “Average daily handle at the Belmont fall meet has grown 39% since 2019 with the 2021 summer meet at Saratoga eclipsing $20 million in average daily handle for the first time in history.”

With three fewer days of live racing compared to last year's Aqueduct fall meet, all-sources handle was $154,429,388 vs. $166,702,976 in 2020. The 2019 fall meet was held over 25 days and generated all-sources handle of $205,249,710.

With in-person attendance more open this year than in 2020 when only a limited number of owners could attend the races amidst the pre-vaccine era of the pandemic, on-track handle was unsurprisingly up–by 35.1% to $15,268,541. The 25-day fall meet in 2021 generated $20,712,645 in on-track handle.

A total of 74 races were run on the grass a this year's meet with six taken off due to weather. There were 68 turf races and 11 events taken off the grass last season.

Average field size for the 145 races run at the meet was 8.90, up 2.6% compared to 2020 and 5.9% from 2019.

The 2021-22 Aqueduct winter meet began Thursday and continues through Sunday, Mar. 27. America's Day at the Races will feature live daily coverage on the FOX Sports networks. Click here for the broadcast schedule.

 

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Smaller, But Still Super: David Donk

The concept of the super trainer is by no means a new phenomenon in horse racing, but the huge stables run by super trainers have undoubtedly changed the landscape of the sport in many ways, from the backside to the racing entries. Are super trainers bad for the sport? Are there any benefits for an owner in using a “smaller” trainer? We asked these questions and more to a few trainers who may not be considered super trainers in terms of their stall numbers, but they have made the most of the horses they're given to build competitive racing stable over their careers.

David Donk's stable has been a fixture in New York for over 30 years. His most notable runners include MGISW Awad (Caveat), plus graded stakes winners Hessonite (Freud), Ordway (Salt Lake), King Kreesa (King Cugat) and Pennine Ridge (Cure the Blues). The easygoing and approachable horseman enjoys spending time developing young horses and takes pride in being one of first ones at the racetrack each morning. Donk is approaching 800 career wins and is represented this year by Shesastonecoldfox S. winner Shesawildjoker (Practical Joke).

 

KP: How did you first get involved in horse racing?

DD: I grew up in a small town in upstate New York near Finger Lakes Racetrack called Clifton Springs. My dad owned and bred some horses and we were neighbors with the trainer that he used. I got hooked at a very young age and realized, probably when I first got into high school, that it was something that I wanted to pursue.

After I graduated high school, I did train on my own at Finger Lakes  for five years, mainly with my dad's horses, and then I got a break in the spring in 1985. Phil Gleaves left to go out on his own so I got hired as an assistant to Woody Stephens.

I worked for Woody for five and a half years until his health wasn't doing as well and then I went out on my own in 1991. I started out with seven horses. I had a couple for Henryk de Kwiakowski, Jim Ryan [Ryehill Farm] and John and Theresa Behrendt. I was able to stay in New York and gradually have a bit of success, enough to where I was able to stay in New York to make a living. I've been here for 36 years.

KP: How many horses are normally in your stable?

DD: The number has been a little bigger for the last few years. I'm at about 50 over the summer. I try not to have any more than that. In the winter, I try to get to the low 30's. I have a lot of people who are on visas and have to go back, so I try to reduce the size of the stable to make it a little more comfortable and easier on us all in December and January before we gear back up again.

KP: Who have been your biggest mentors throughout your career?

DD: First would be my dad, who is still with us, and then the biggest break of my career was getting a job for Woody Stephens. I like to say that I went to one of the best universities in the country when I worked for him.

KP: What horse was the most influential to your career?

DD: My most influential horse is obviously Awad (Caveat). He made $3.2 million in his career, had over 70 starts and won a few Grade I races. We got to travel all over the country and we went to Japan twice. That's the horse that put me on the map and where I'm at financially. There's no question that he was the horse who is most influential for me.

KP: What do you believe makes your stable unique?

DD: This is a business, so when you are a trainer, you are the president and CEO of your own company. One of the classes I took in high school was bookkeeping. I always knew that if I was going to have a business, I needed to be able to do the financial side of it.         Horse racing today is different from when I was a kid or even from one or two generations ago. There's a lot more to it. You are the president and CEO of your own company and there's a lot of federal, state, immigration and law regulations. Even if you don't do the bookkeeping yourself, you need to understand it. You're the one that's liable and you're the head of the company.

It's not just about training horses. There's also the customer service side of it with clients. I'm a little bit unique in that I like the paperwork and the business side of it. I do most of my own bookkeeping. My dad taught me this as a kid and now I preach it to my kids-it's not a bad thing to be your own boss. The biggest difference is that you work 80 hours a week instead 40 hours a week, but at the end of the day, it's your own.

I've been here a long time, but I've had a number of clients who I've had for 25 years with John and Theresa Behrendt, Charles Marquis, Bill Punk and Bob Spiegel. I've been fortunate that I've had a lot of loyalty and at the same time, they're very successful in their own professions and they've taught me a lot.

Shesawildjoker (Practical Joke) breaks her maiden on debut this summer before running in the money in three stakes, including a win in the Shesastonecoldfox S. | Coglianese

KP: What do you believe are the benefits, for owners, in using a “smaller” trainer?

DD: They're going to run more often. I come from a different era and the game has changed a lot. I sometimes say that owners, to a degree, are brainwashed. Horses can run more than once every two months. Sometimes economics don't come into play for them.

I understand the financial side of it for an owner. In New York, we run for a lot of money. I always say that I don't win enough. Sometimes I don't run my horses quite where they belong because I cater to what a client wants to do. I call it customer service. Maybe it's too far to an extent, but if you're running second or third in New York all day long, it pays a lot of bills for the client and keeps money in circulation. We're not always looking at it by numbers or in percentages. That's where technology has changed things a little bit. Everybody is worried about their numbers.

I enjoy 2-year-olds and trying to educate them to shed a little light onto what their quality might be. Sometimes you might run them a little over their head to find that out and appease someone.

Of course, we live in a democracy so I wouldn't take anything away from the big stables. But at the same time I think those owners should be willing to diversify their stable a bit more and give younger trainers who are up-and-coming an opportunity. There are a lot of really good people out there. We have some in New York now, even some female trainers who I hope are successful because we need 20 or 30 more of them.

KP: Do you think super trainers are bad for the sport?

DD: It's fair to say that it's not good for the sport when we're trying to sell races. Handle is based off of field size. We see it in New York that in the better allowance races, the field sizes are not as big as you would like them to be. That goes back to horses not running quite as often. There are rules in place where a trainer can only run two horses in a race and in New York if a race overfills, a trainer can only run one. So I think the biggest downfall is that it affects field size.

KP: What do you enjoy most about your job?

DD: I have two kids so I do a lot of coaching and I always tell them that in life, if you find something you like to do, you'll be happy. If you find something you love to do, you have a chance to be really successful.

I love what I do. I love the early mornings. I think the greatest part of the day is the first set at 5:30 when it's really quiet and has that serene feeling to it. I'm getting a little older so I try to get away a little bit or a couple of days a week during the winter, but at the same time when I'm away for a few days, I miss it. I'm at an age now where I see people who I went to school with who are retiring. But boy, I don't know if I could ever retire. I love the quality of help that I have and the quality of clients that I have. I love the challenge of training two-year-olds and then continuing to learn and do a better job. I love the human aspect to it as much as the equine aspect.

With Ramon Dominguez aboard, Hessonite wins the Ticonderoga S. for Donk in 2012 | Horsephotos

KP: What is the most frustrating aspect of your job?

DD: The most frustrating part of this industry is getting people to come to the table to make compromise. It takes too long to make changes in our industry. I believe that a lot of common sense heads could come together and make decisions. It's frustrating that as an industry, we seem to be behind the times, even in the U.S. compared to the standards internationally.

KP: Do you have any thoughts on the Horseracing Integrity and Safety Act (HISA)?

DD: Not at the moment, but there was a great comment the other day from [NYTHA President] Joe Appelbaum, who sent out an email to our membership. He said that at the moment, the bill is written by lawyers for lawyers to understand. So right now with the way the bill is written, no one understands it. So it remains to be a bill that obviously needs a lot of input.

So it's far from being done in a way that is understandable and has a common sense approach, but it is needed in our industry. I think we can always do a better job and we need the rules to be the same in every jurisdiction. Again, we're behind the times and I think it's a good thing, but there's a lot more work to be done and hopefully now that the bill is out, a lot more good people will get involved with it.

KP: If you didn't have a career in horse racing, what would you do?

DD: I don't know. I always say that if it wasn't for racing, I'd probably be driving a truck for UPS. I knew what I wanted to do when I was a freshman in high school. I think as I've gotten older, I could have gone into management, but at the same time and more importantly, I love being my own boss.

 

To nominate a trainer for this ongoing series, email katiepetrunyak@thetdn.com. General criteria: Multiple graded stakes-winning trainer, fewer than 300 starts this year, has trained for over 20 years and accumulated no more than approximately $50 million in career earnings. 

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