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Connections Of Justify, Hoppertunity Seek To Prevent CHRB From Conducting Hearings Into 2018 Scopolamine Positives

The owners of Justify and Hoppertunity, along with trainer Bob Baffert and jockeys Mike Smith and Flavien Prat, have filed filed legal action in Los Angeles Superior Court to prevent the California Horse Racing Board from conducting Oct. 29 disqualification hearings into April 2018 victories by Justify in the Santa Anita Derby and Hoppertunity in the Tokyo City Cup.

The writ of mandate, filed on Oct. 13, claims Aug. 25, 2020, actions by the CHRB to reopen the cases are “void, arbitrary, capricious, unconstitutional, beyond the power of the CHRB, and a prejudicial abuse of discretion.” It alleges the CHRB has violated California Code of Regulations and Government Code as well as the due process rights of the petitioners under the U.S. Constitution.

Justify and Hoppertunity, along with five other unnamed horses, tested positive for scopolamine in 2018. According to the legal filing, the Justify and Hoppertunity cases were investigated by the CHRB's equine medical director, Dr. Rick Arthur, and then-CHRB executive director Rick Baedeker. Both determined the “cluster” of scopolamine positives at Santa Anita in 2018 resulted from hay contaminated with jimson weed, proof of which, the writ of mandate states, is that all horses also indicated the presence of atropine, which it states is a “definitive marker of environmental contamination.”

Arthur and Baedeker recommended to the CHRB members in closed-door executive session that all seven scopolamine cases be dismissed, and the board in place at the time unanimously voted to support that recommendation, according to the action filed Oct. 13. The CHRB has several new members who were not on the regulatory body in 2018.

It wasn't until a September 2019 report in the New York Times that the positive drug tests and decision not to conduct stewards hearings were revealed. Several months later, Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro, filed suit against the CHRB demanding the case against Justify be reopened. Ruis stood to gain $400,000 in purse money (the difference between $600,000 for first and $200,000 for second) and other possible gains if Bolt d'Oro were declared winner of the Grade 1 race.

The Santa Anita Derby win by Justify in his stakes debut earned the Scat Daddy colt 100 qualifying points for the Kentucky Derby. He went on to win the Kentucky Derby, Preakness and Belmont Stakes, then retired to stud undefeated in six starts after being sold to Coolmore Stud for a reported $60 million.

As part of a settlement agreement with Ruis, the CHRB said it would file a complaint against the owners of Justify and conduct a purse disqualification hearing. The CHRB also filed a complaint against the owners of Hoppertunity, though not against the other five unnamed horses testing positive for scopolamine.

The owners of Justify at the time were WinStar Farm LLC, China Horse Club, Head of Plains Partners LLC and Starlight Racing. The owners of Hoppertunity were Michael Pegram, Karl Watson and Paul Weitman.

Attorneys for he petitioners contend scopolamine was – at the time of the April 2018 victories by Justify and Hoppertunity – a Class 4 drug with a C penalty classification under Association of Racing Commissioner guidelines. As such, they contend, a positive test for scopolamine would not trigger a disqualification.

They also contend the CHRB did not act in a timely manner in reopening the cases.

The legal action accuses the CHRB of violating its own rules and engaging in “unfair, arbitrary and capricious conduct. Petitioners have been intentionally treated differently from others similarly situated and there is no rational basis for he difference in treatment.”

As a result of the CHRB's actions, the writ of mandate alleges, the connections of Justify and Hoppertunity “have suffered damages, including in the form of reputational harm.”

The petitioners are seeking a writ of mandate from the court ordering the CHRB to dismiss the complaints and cancel all hearings related to Justify and Hoppertunity's positive tests. They are also seeking unspecified damages, along with attorneys' fees and court costs.

The post Connections Of Justify, Hoppertunity Seek To Prevent CHRB From Conducting Hearings Into 2018 Scopolamine Positives appeared first on Horse Racing News | Paulick Report.

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Stewards’ Hearing On Justify’s 2018 Santa Anita Derby Continued To Oct. 29

A stewards' hearing of a complaint seeking disqualification of Justify from the 2018 Santa Anita Derby has been postponed from its original date of Sept. 20 to Oct. 29. A spokesman for the California Horse Racing Board told the Paulick Report Wednesday that parties needed more time to prepare.

The CHRB voted during a closed session Aug. 20 to proceed with the complaint, which seeks disqualification of the horse and redistribution of the purse based on a laboratory finding of scopolamine. The Board determined at that time not to file a complaint against trainer Bob Baffert, citing evidence that the positive was likely a result of environmental contamination from Jimsonweed.

The hearing is part of a settlement agreement between the CHRB and Ruis Racing, owner of Bolt d'Oro, who ran second behind Justify in the Santa Anita Derby. Ruis Racing had sued the CHRB over its handling of the Justify case, which a New York Times story revealed was dismissed behind closed doors with no public announcement of the post-race finding.

Officials have since indicated that other horses also tested positive post-race for scopolamine, supporting their conclusion that Jimsonweed may have appeared in a shipment of hay delivered to the backstretch ahead of the race.

Learn more about Jimsonweed from this informational bulletin distributed by the Racing Medication and Testing Consortium.

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CHRB Will Hold Hearing To Disqualify Justify From 2018 Santa Anita Derby Victory

The California Horse Racing Board voted during closed session Aug. 20 to proceed with a complaint seeking the disqualification of Justify from his victory in the 2018 Santa Anita Derby and the redistribution of that purse based on laboratory findings that his post-race sample tested positive for scopolamine.

The CHRB will not be filing a complaint against trainer Bob Baffert, due to substantial evidence that the scopolamine resulted from environmental contamination from jimson weed.

The hearing for disqualification is a condition of a settlement agreement between the CHRB and Ruis Racing LLC, the owner of Bolt d'Oro, the horse that finished second behind Justify in the Santa Anita Derby on April 7, 2018. In that matter, the CHRB is represented by counsel from the Office of the California Attorney General.

In addition, the CHRB is seeking the disqualification of Hoppertunity, winner of the Tokyo City Cup race at Santa Anita on April 8, 2018, and the redistribution of that purse based on laboratory findings that his post-race sample for that race tested positive for scopolamine. While not the subject of current litigation, this medication positive was similar to the one involving Justify. Baffert trained both horses.

The CHRB investigative unit has filed both complaints for redistribution of the purses with the Board of Stewards at Del Mar Racetrack. CHRB Investigators have also noticed the affected parties by mail or personally if possible. The stewards have scheduled the required hearings for consideration of a disqualification and purse distribution on Sept. 20 at Santa Anita Park.

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CHRB Votes to Settle Justify Santa Anita Derby Case

Mick Ruis has announced that he has reached an agreement in principle with the California Horse Racing Board regarding a settlement of pending litigation in Los Angeles County Superior Court.

The preliminary agreement is intended to resolve claims against the CHRB for failure to hold a purse disqualification hearing related to the 2018 GI Santa Anita Derby, in which the first-place finisher and subsequent Triple Crown winner, Justify, tested positive for the prohibited substance scopolamine. Bolt d’Oro, owned and trained by Ruis, finished second.

Members of the CHRB, the state agency charged with regulation of California horse racing, voted in favor of settlement at a recent closed session. Attorneys for the respective parties are finalizing the exact terms of the agreement and expect it to be completed in the coming days, according to a press release from Ruis’s attorney, Darrell Vienna.

The agreement would include a provision that the CHRB will file a complaint against the owners of Justify and conduct a purse disqualification hearing.

CHRB spokesperson Mike Marten said, “Mick Ruis’ lawsuit against the California Horse Racing Board (CHRB) is still active, ongoing litigation. At this point, no settlement has been signed, and because it is ongoing litigation, the CHRB has no further comment.”

The detection of the prohibited substance scopolamine in the official test collected from Justify following the running of the 2018 Santa Anita Derby was confirmed by a split sample test requested by Justify’s connections.
CHRB rule 1859.5 requires forfeiture of purse and disqualification of a horse that tests positive for a class 1-3 prohibited substance regardless of the trainer’s responsibility.

“I am pleased that the leadership of this newly constituted CHRB appointed by Governor Newsom has taken seriously the Governor’s intention to ‘hold the group accountable on matters of drugs, safety, and integrity.’ It is only fair that the current CHRB voted to finally have a hearing related to the Justify matter. This settlement would be a major step toward restoring public confidence in the CHRB,” Ruis said.

Ruis continued, “This legal action was never just about the purse money, I wanted to stand up for what’s right and to make sure that every horseman, from the little guy to Bob Baffert, is treated fairly and equally. I commend the current CHRB for reviewing this matter and look forward concluding negotiations regarding a public hearing.”

“It has been a pleasure to work with Mr. Ruis,” Vienna said. “He is an individual who truly believes and has proven
that one man can make a difference. We look forward to presenting the agreement with the CHRB to the court so we can resolve the litigation.”

Vienna told TDN that the agreement would be “in exchange for the dismissal of the entire litigation,” including any possible damages.

Vienna added that a separate hearing under the trainer “insurer rule” would provide Baffert “an opportunity to clearly prove whether or not this was environmental contamination.”

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