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Saturday Insights: $1.3m Into Mischief OBS April Grad Makes Santa Anita Debut

9th-SA, $61K, Msw, 2yo, 6f, 8:11 p.m. ET.
The rail-drawn URBAN LEGEND (Into Mischief) is one of three Bob Baffert trainees to debut in the Santa Anita finale. Out of MSW Singing Kitty (Ministers Wild Cat), the bay colt went for $300,000 at Keeneland September before bringing $1.3 million at the OBS April Sale. He is campaigned by Morplay Racing LLC, Rosedown Racing Stables, LLC and Kerri Radcliffe.

The Hall of Fame conditioner will also saddle Nysos (Nyquist), who was purchased by Baoma Corp. for $550,000 at OBS April, and British Isles (Justify). Out of GSW Purely Hot (Pure Prize) and a half-brother to GI American Pharoah S. champ Eight Rings (Empire Maker), the latter is owned by Mrs. John Magnier, Derrick Smith and Michael Tabor.

Also set for his unveiling is Tracker (Curlin), who is out of GI Darley Alcibiades S. heroine Gomo (Uncle Mo). The $250,000 Keeneland September yearling turned $900,000 OBS March graduate is campaigned by Talla Racing, West Point Thoroughbreds, Woodford Racing and Robert and DeLynn Abernathy. TJCIS PPS

5th-KEE, $100K, Msw, 2yo, f, 6 1/2f, 3:08 p.m. ET.
Tommy Town Thoroughbreds and trainer Jeff Engler send out Bedazzle 'Em (American Pharoah) for her first start. The $750,000 Keeneland September graduate counts GIII Schuylerville S. winner Just Cindy (Justify) as a half sister.

She'll face Red White and Blue Racing's Denim and Pearls (Into Mischief), who sold for $500,000 at the Fasig-Tipton Saratoga Yearling Sale. The Brad Cox trainee is a full-sister to GIII Robert B. Lewis S. hero Newgate.

Whitham Thoroughbreds homebred Aunt Fannie (Uncle Mo), trained by Ian Wilkes, is a half-sister to GII Kentucky Jockey Club S. victor McCraken (Ghostzapper) and GIII Dogwood S. winner Four Graces (Majesticperfection). TJCIS PPS

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Dave Johnson Sues Netflix, Charges That His Voice Was Used On ‘The Crown’ Without His Consent

Retired race-caller Dave Johnson has filed suit against streaming giant Netflix and some of its subsidiaries, alleging his voice and persona were used on an episode of the popular Netflix program 'The Crown' without his permission.

Johnson is seeking compensatory and exemplary damages as well as equitable relief. The suit was filed in the Supreme Court of the State of New York, County of New York.

The allegations revolve around a show that aired on Nov. 9, 2022, which was the eighth episode of Season Five of 'The Crown'. The episode includes the storyline of how and when Queen Elizabeth II became interested in horse racing. On the show, she is shown watching races broadcast on satellite television. According to the lawsuit, the broadcast of the races includes Johnson's voice and his call of the 1995 GI Travers S. as well as other examples where Johnson's voice is used.

“Dave Johnson's actual voice, which is synonymous with horse racing in the United States at that period of time, is being used and is clearly audible and immediately recognizable,” the suit charges.

“Mr. Johnson is very proud of his body of work as the voice of American horse racing and as such has an interest in the unauthorized use of same without his permission,” said Johnson's lawyer, Drew Mollica. “His historic call of the 1995 Travers played an important role in Episode 8 of 'The Crown' during Season 5 and was used without his permission and he seeks compensation. The complaint speaks for itself.”

Johnson has been careful to protect his brand and has sued others who have used his catchphrase “And Down the Stretch They Come,” which he has trademarked, without his authorization. In all cases, whenever Johnson has prevailed in a lawsuit he has donated his compensation to a racing related charity. Beneficiaries of Johnson's donations have included New York's Backstretch Employee Service Team, Churchill Downs' Backside Learning Center and various scholarships including the University of Arizona's Racetrack Industry Program and Southern Illinois University, as well as donations he has made to benefit disabled jockeys.

According to Netflix's own numbers. 'The Crown's' “fifth season was viewed for 107.39 million hours following its premier” and Episode Eight had a production cost of approximately $13 million. According to the complaint, in 2022 Netflix Entities garnered a total revenue from its video streaming platform that amounted to approximately $31.6 billion and that “a substantial portion of that revenue is attributable to the sale, rental, and streaming success of 'The Crown', including Season Five, Episode Eight.”

“As a proximate result of All Defendants acts and/or omissions, All Defendants, individually, collectively and acting on concert, have invaded Dave Johnson's statutory right to privacy, misappropriated his persona and voice, and have profited at Dave Johnson's expense…” the lawsuit charges.

Johnson called the GI Kentucky Derby for ABC Sports from 1978 to 1980 and from 1987 to 2000. He called the GI Preakness S. and the GI Belmont S. from 1987 to 2000. He also served as the head announcer at, among others, the NYRA tracks, the Meadowlands, Santa Anita Park and Hialeah Park. He is currently the co-host of the “Down the Stretch” show on Sirius XM radio.

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HIWU Changes Enforcement of Provisional Suspensions And Public Disclosure Protocols For Select Banned Substances

Following discussions with HISA's ADMC Committee, HIWU will no longer impose Provisional Suspensions on Covered Persons upon the service of an Equine Anti-Doping Notice for an Adverse Analytical Finding (i.e., positive test result) for Banned Substances that are recognized as substances of abuse in humans, the unit said in a release Friday.

Examples that fall under this category include cocaine, methamphetamine, methylenedioxymethamphetamine (MDMA), and tetrahydrocannabinol (THC).

If a Covered Horse's A Sample tests positive for one of these Banned Substances, a Provisional Suspension will not be imposed on the relevant Covered Person until B Sample analysis confirms the presence of the Banned Substance or B Sample analysis has been waived by the Covered Person.

Consequently, in compliance with Rule 3610(b), such cases will not be published on the HIWU website's Public Disclosures page until after these steps occur. This change to the Public Disclosure protocol is consistent with current procedures for presence violations (i.e., positive tests) for Controlled Medication Substances.

This policy applies retroactively to current pending cases, and Provisional Suspensions have been lifted on all Covered Persons who have not been charged and are waiting for B Sample results to be issued.

This update is intended to address concerns within the industry that the names of Covered Persons were being publicly disclosed in cases involving the aforementioned types of substances before the Covered Persons had an opportunity to determine the source of the substance at issue, including whether it was the result of unintended human transfer.

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Ken Freirich’s Better World Records Pledges Breeders’ Cup Match

Thoroughbred owner and songwriter/executive producer Ken Freirich of Better World Records will make a $20,000 donation to Breeders' Cup Charities if the 40th Day $20,000 match goal is met during the final stage of the program, the Breeders' Cup said in a release Friday.

Breeders' Cup Limited has pledged to match up to $20,000 of funds raised on the 40th day which, in conjunction with Mr. Freirich's donation, could see $60,000 being raised on the final day alone.

“Breeders' Cup Charities is so thankful to Mr. Freirich and Better World Records for supporting 40 Days of Giving with such generosity,” said Stefanie Palmieri, Vice President of Events at Breeders' Cup Limited.

The $20,000 match donation from Better World Records on behalf of Random Acts of Kindness celebrates the new single “Free to Roam,” a top 20 Billboard AC hit.

“I am thrilled to partner with the Breeders Cup to support their charitable mission on this wonderful occasion, the 40th Running of the Breeders Cup,” said Freirich. “I really was moved by the 40 Days of Giving program and hope to inspire others to give to these very deserving Thoroughbred industry nonprofits.”

Click here for more information about the 40 Days of Giving.

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