Justify, Hoppertunity Disqualification Hearings Should Be Held, California Judge Rules

The connections of 2018 Triple Crown winner Justify and Grade 1 winner Hoppertunity on Thursday were thwarted in their attempt to stave off an Oct. 29 hearing before California Horse Racing Board stewards concerning possible disqualification from April 2018 victories by the two horses at Santa Anita Park because of failed drug tests.

Both horses tested positive for the banned substance scopolamine: Justify, after his win in the Grade 1 Santa Anita Derby; and Hoppertunity in the Grade 3 Tokyo City Cup.

Los Angeles Superior Court Judge James C. Chalfant denied an application for a temporary restraining order requested by attorneys for WinStar Farm, China Horse Club, Head of Plains Partners, and Starlight Racing, the owners of Justify, and Michael Pegram, Karl Watson and Paul Weitman, the owners of Hoppertunity. Trainer Bob Baffert and jockeys Mike Smith and Flavien Prat were also named as petitioners in the case.

Earlier this year, the CHRB settled a lawsuit filed by Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro, conditional on the stewards conducting a hearing into Justify's positive drug test. The case was not pursued in 2018 after CHRB members voted unanimously in closed-door executive session – upon the recommendation of equine medical director Dr. Rick Arthur and then-CHRB executive director Rick Baedekr – not to file complaints. Arthur and Baedeker had investigated the cases and concluded the positive tests were a result of hay contaminated with jimson weed.

Ruis filed suit after learning of the CHRB's actions from a 2019 report in the New York Times.

Attorneys for the connections of the two horses argued  that the CHRB was violating government code by reopening a case more than two years after the fact. Attorneys for the state said the petitioners were premature in seeking judicial review because the cases had not yet gone through the administrative process (i.e., a stewards hearing).

“At this hearing, the parties will have the opportunity to present evidence and make argument,” the state said in its opposition to the restraining order. “After the hearing, the Board of Stewards will render a decision. The decision by the Board of Stewards could be in favor of Petitioners or could be against Petitioners. If Petitioners take issue with the decision by the Board of Stewards following the Oct. 29, 2020, hearing, they can file a petition for writ of mandate. … Instead of following the procedures set forth by California law, Petitioners want this court to prematurely intervene and short-circuit the administrative processes of the CHRB.”

Darrell Vienna, an attorney for Ruis, issued a statement after the ruling that stated: “We are pleased that Judge Chalfant saw through this flimsy attempt to delay or avoid a long overdue and proper treatment of the positive tests involving these two horses.”

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McKinzie Retired To Gainesway Farm For 2021 Breeding Season

McKinzie, a four-time Grade 1 winner, has been retired from racing, and he will begin his stallion career at Gainesway in Lexington, Ky., for the 2021 breeding season, the Daily Racing Form reports.

The 5-year-old son of Street Sense was under consideration for this year's Breeders' Cup Dirt Mile at Keeneland. Instead, he finishes his career with eight wins in 18 starts for earnings of $3,473,360.

Trained by Bob Baffert for owners Karl Watson, Mike Pegram, and Paul Weitman, McKinzie won on debut as a juvenile by 5 1/2 lengths at Santa Anita Park, and he parlayed that into a victory in the Grade 1 Los Alamitos CashCall Futurity. At three, McKinzie kicked off the season with a victory in the G3 Sham Stakes, and he later added wins in the G1 Pennsylvania Derby and G1 Malibu Stakes.

The colt continued to be one of the best in his class at age four, racking up wins in the G1 Whitney Stakes and G2 Alysheba Stakes, and finishing the year with a second in the Breeders' Cup Classic. This year's campaign was highlighted by a win in the G2 Triple Bend Stakes.

Read more at Daily Racing Form.

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Keeneland Reached $200 Million In Sales At Midway Point Of September Yearling Auction

Keeneland marked the halfway point in its 12-day September Yearling Sale with today's session highlighted by the sale of a colt from the first crop of Unified for $450,000 to Three Amigos.

Consigned by Four Star Sales, agent, the colt is out of Fay Na Na, by Majestic Warrior, and from the family of Grade 1 winner Klimt. Three Amigos is the name used to purchase horses for Mike Pegram, Karl Watson, and Paul Weitman. longtime clients of trainer Bob Baffert.

Keeneland sold 239 horses on Saturday for $18,364,200, for an average of $76,838 and a median of $52,000. Cumulative sales for the auction, which began Sept. 13, are $200,750,700 for 1,028 horses, for an average of $195,283 and a median of $130,000.

The day's second-highest price was $410,000 spent by Maverick Racing to acquire a colt by Violence from the consignment of Hidden Brook, agent. He is out of the stakes-placed City Zip mare Brinkley, a half-sister to Grade 2 winner Bound for Nowhere. The colt also is from the family of champion Midnight Lute.

Cheyenne Stables paid $400,000 for the session's top-priced filly, a daughter of Malibu Moon who is a half-sister to graded stakes winner Stanford and graded stakes-placed Hedge Fund. Consigned by Warrendale Sales, agent, she is out of the Distorted Humor mare Rosy Humor and is from the family of European champion and sire Johannesburg.

Donato Lanni, agent for SF/Starlight/Madaket, spent $385,000 for a colt by Twirling Candy who is a half-brother to Grade 3 winner Real Story and stakes winner My Afleet. Out of the winning Lasting Approval mare My Own Story, he was consigned by Bluegrass Thoroughbred Services, agent.

Paramount Sales, agent, led all consignors on Saturday by selling 21 yearlings for $2,193,000.

The leading buyer was Kenny McPeek, who acquired five horses for $642,000.

The September Sale continues Sunday with the first session of the two-day Book 4. All remaining sessions of the sale, which runs through Sept. 25, begin at 10 a.m.

The entire September Sale is being shown on the Watch TVG app, which is available on Amazon Fire, Roku and connected Apple TV devices. The Watch TVG App also features TVG, TVG2, Racebook, race track feeds and more.

The auction also is being is streamed live at Keeneland.com.

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Gainesway Secures Breeding Rights To Grade 1 Winner McKinzie

Gainesway Farm has purchased the breeding rights to four-time Grade 1 winner McKinzie (Street Sense-Runway Model, by Petionville). He will begin his stud career at Gainesway Farm upon his retirement from racing, the farm announced today.

“It is very exciting to stand a horse with McKinzie's credentials at Gainesway,” said director of bloodstock, Alex Solis II.  “I don't believe there is a more exciting prospect than McKinzie out there. We are grateful to Mike Pegram, Karl Watson, Paul Weitman, and Bob Baffert for this fantastic opportunity.”

To date, McKinzie has earnings of over $3.4 million and has run first or second in 13 of 15 graded stakes during his career.

“McKinzie is a Grade 1 winner at two, three, and four from distances of seven furlongs to 1 1/8 mile,” said Gainesway general manager Brian Graves. “His speed, versatility, and soundness make him an absolute standout. His 10 individual triple-digit Beyer figures are truly impressive.”

McKinzie burst onto the scene as a juvenile, breaking his maiden on debut and was named a TDN Rising Star. He went on to win a Grade 1 at two when he took the Grade 1 Los Alamitos Cash Call Futurity.

At three, the colt picked up two more Grade 1 wins, the G1 Pennsylvania Derby, and the G1 Malibu Stakes.

At four, he added two more graded wins in the Alysheba Stakes at Churchill Downs and the G1 Whitney at Saratoga over dual Grade 1 winner Yoshida and eventual Breeders' Cup Classic winner and Eclipse champion Vino Rosso, where he ran a 111 Beyer and a 1/4 Ragozin figure.

“From day one, McKinzie has just been exceptional,” said his trainer, Bob Baffert. “He is a gorgeous physical with brilliant speed and stamina. I've only had one other horse in my career that has been able to accomplish what he's done by winning a Grade 1 at two, three, and four. It takes an extraordinary horse to achieve that.”

McKinzie is out of Runway Model, who is a dual Grade 2 winner that was third in the G1 Breeders' Cup Juvenile Fillies at two, second in the G1 Ashland Stakes at three, and sold to Summer Wind Farm for $2.7 million.

“The plan with him going forward is to return in the July 4 Runhappy Met Mile,” said Baffert. “Hopefully, this will put us in an excellent position to earn Horse of the Year honors and champion older horse of 2020.”

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