Baffert Again Argues That NYRA Can’t Proceed With Efforts to Suspend Him

The matter of whether or not the New York Racing Association should be held in contempt and whether it can go ahead with a hearing that could lead to the suspension of Bob Baffert landed once again Friday on the desk of Judge Carol Bagley Amon.

The latest twist in the Baffert-NYRA saga began last week when Baffert's attorneys charged that NYRA should be held in contempt because of its announced plans to afford Baffert a hearing. The two sides have been at odds over the interpretation of a July 14 ruling from Amon, which blocked NYRA's plans to immediately exclude Baffert from its tracks. The Baffert team contends that Amon's ruling forbade NYRA from, at this point in time, taking any disciplinary actions against the trainer and called the proposed hearing a “sham.” NYRA has argued that it has been fully compliant with the order all along and should be permitted to go ahead with the hearing. The latest filing from NYRA read: “Plaintiff moves to hold NYRA in contempt for 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 attorney Craig Robertson sent Amon a letter requesting permission for Baffert to file a Reply Memorandum that challenged NYRA's latest legal maneuver and reiterated reasons why the court should hold NYRA in contempt and issue a stay that would prevent NYRA from going forward with the hearing, now scheduled to begin Oct. 11.

The Reply Memorandum outlined the following arguments, most of which have appeared in previous court filings.

(*) NYRA should be held in contempt for violating the Injunction Order.

“The Injunction Order is clear, unambiguous, and directly prohibits NYRA from suspending Baffert,” the filing reads. “NYRA is simply inventing imagined ambiguities where they do not exist to excuse its own bad faith effort to circumvent the Injunction Order.”

(*) NYRA's new rules, procedures and charges are inconsistent with due process.

“Baffert has already defeated NYRA in court when it sought to unilaterally and unlawfully suspend him,” the filing reads. “It now seeks to do the very same thing all over again with vague and highly subjective charges. The idea that he will receive, through the retroactive application of newly created rules and procedures, a fair adjudication from a body intent on punishing him, is laughable.”

(*) NYRA should be sanctioned.

“Finally, NYRA argues that it should be excused from the consequences of its overt attempt to circumvent the Injunction Order,” the filing reads. “However, civil contempt sanctions are necessary to 'coerce future compliance and to remedy past compliance.' NYRA is a sophisticated entity with a long history of litigation. It is painfully obvious that its failure to abide by the Injunction Order is no accident. Sanctions and fees are necessary in this case to make it clear to NYRA that the Court will not tolerate its actions.”

The Baffert team again requested that its client be reimbursed for his legal fees.

The United States District Court for the Eastern District of New York has a hearing date set for Oct. 5 on Baffert's motion to hold NYRA in contempt and to issue a stay regarding possible suspension proceedings.

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Aunt Pearl Retired And Scheduled to Sell at FTKNOV

Breeders' Cup winner and 'TDN Rising Star' Aunt Pearl (Ire) (Lope de Vega {Ire}–Matauri Pearl {Ire}, by Hurricane Run {Ire}) has been retired and will be entered in the Nov. 9 Fasig-Tipton November Sale, according to a release from Elite Sales, who will consign the 3-year-old filly. Campaigned by Michael Dubb, Madaket Stables, Peter Deutsch, Michael Kisber, and The Elkstone Group, Aunt Pearl was undefeated in three starts at two, beginning with her five-length 'TDN Rising Star' debut in a Churchill Downs maiden special weight and continuing in the GII JPMorgan Chase Jessamine S., where she set a new stakes record, getting the 1 1/16 miles in 1:40.86 over the Keeneland turf. The Brad Cox trainee capped the season with victory in the GI Breeders' Cup Juvenile Fillies Turf. She made just one start this year, as the 1-5 favorite in the GII Edgewood S., but bled after not having raced on Lasix as a 2-year-old and finished off the board. She retires with three wins from four starts and earnings of $661,604.

In addition to Aunt Pearl and the previously announced GI Frizette S. winner Dayoutoftheoffice (Into Mischief), Elite will offer two other Grade I-winning fillies at Fasig's “Night of the Stars.” Lightly raced Duopoly (Animal Kingdom–Justaroundmidnight {Ire}, by Danehill Dancer {Ire}) enters the sale off a win in the Dec. 26 GI American Oaks. She is joined by stablemate Etoile (Fr) (Siyouni {Fr}–Milena's Dream {Ire}, by Authorized {Ire}), who is scheduled to try and defend her title in the GI E.P. Taylor Oct. 17 for Chad Brown and the partnership of Peter M. Brant, Mrs. M. V. Magnier, and Mrs. Paul Shanahan.

“We are honored that many of the sport's most successful owners are entrusting Elite to bring their best to the marketplace,” said Elite's Bradley Weisbord. “These four Grade I-winning females, all off the track, should have broad appeal to the world's leading buyers. We look forward to showcasing them at Fasig-Tipton's Night of the Stars on Nov. 9 after the Breeders' Cup.”

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Tapeta Surface Unveiled at Gulfstream

A new era began Thursday at Gulfstream when the 4-year-old claimer Emoji Guy (Khozan) won the opening race on the card, the first to be run over the newly installed Tapeta track. It was the first of four races on the day run on the synthetic surface.

As is the case with all of the synthetic races, the first was largely uneventful. Trained by Kathleen O'Connell and ridden by Edwin Gonzalez, Emoji Guy was fifth early before launching a bid nearing the turn. He made the lead in mid-stretch and was comfortably in front from there, winning by 1 3/4 lengths.

“He was good and comfortable. The horse really liked it,” said Gonzalez. “You have to ride it like the turf. I wanted to make one move and I was pretty happy where he was. It's good. I have to tell you, they did a really good job. Right now, it's good, and when the tractors start working it more, it's going to be better.”

Early indications were that the track is going to produce slow times. The first, a mile-and-a-sixteenth $12,500 claimer, went in 148.08 and the third, a $16,000 maiden claimer run at 5 1/2 furlongs, was completed in 1:08.56. The fifth, a maiden special weight going 5 1/2 furlongs, went in 1:08.09. The final Tapeta race, the seventh, a mile-and-70-yard starter allowance, was completed in 1:45.36.

That didn't bother trainer Saffie Joseph, Jr., whose Strategy Queen (Fed Biz) won the fifth, a $60,000 maiden special weight race on the Tapeta. The filly was ridden by Cristian Torres.

“We put a horse on it we thought would like it,” Joseph said. “Cristian said, at first, she was a little green, but there was no kick-back and she was able to maintain her position. One of the things about Tapeta is you don't get dirt in your face. I think that's why some turf horses run on it better than they do on dirt.”

Among the horses who started in the Tapeta races, not one had a prior start on a synthetic surface. But that didn't give handicappers any problems. Three of the four winners were the favorite and the fourth, Strategy Queen, paid just $11. The other winners paid $5.60, $5.40 and $4.40.

Nor was there any apparent bias. Two of the races were won wire to wire, a third winner stalked the pace and Emoji Guy was a winning closer.

O'Connell said she wasn't surprised that Emoji Guy won since he is a horse who seems to handle any surface he runs over. But she still doesn't know what to expect from other horses in her barn.

“It's an experiment and we're all going to have to learn as we go along,” she said. “The horse I ran today is what I would call an 'all-terrain' horse. He can handle any surface, so I was happy he was my first horse on Tapeta here. A lot of turf horses like the Tapeta, but not all of them do. I left Colonial one year and I took eight over to Presque Isle and four of them liked the surface and did well and four of them you couldn't find with a search warrant. It's an individual type of thing. But as long as it is safe for the horses I am all for it. That it's safe, that's all that I want.”

O'Connell said the Tapeta at Gulfstream appears to be different from the one at Presque Isle. She noted that the Gulfstream surface is much lighter in color than the one she has raced over at Presque Isle.

“It's a different kind of Tapeta here, which you can tell by the color,” she said. “The Tapeta at Presque Isle is very different. It's the consistency. Supposedly, this was made for the climate here.”

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HFWEAF Awards 15 Scholarships for ’21-22

Fifteen children of full-time horse farm workers are pursuing higher education this year with the assistance of the Horse Farm Workers' Educational Assistance Fund (HWEAF). To date, 722 annual scholarships totaling $1,595,044 have been awarded since the Fund's inception.

Scholarships are awarded for education or skill training after high school and are based upon financial need, merit, biographical essays and personal interviews. Scholarships are also available for full-time horse farm workers in central Kentucky who wish to take equine related training or courses to help them be more knowledgeable and effective while working with Thoroughbred horses.

Four recipients also distinguish themselves as Pollard Scholars at the University of Kentucky: Sarah Farrell, Lupe Macias, Jesus Perez, and Miguel Macias.

This year's scholars, and the schools they will attend, are:

Riley Alexander – Eastern KY U.
Olivia Bryant – U. of Kentucky
Caleb Carr – Transylvania U.
Jacob Compton – U. of Kentucky
Sarah Farrell – U. of Kentucky
Tania Godina – Bluegrass Community and Technical College
Jayden Hamilton – Midway U.
Lupe Macias – U. of Kentucky
Miguel Macias – U. of Kentucky
Anna Martinez – Transylvania U.
Flora Martinez – Northern KY U.
Karina Meza – U. of Kentucky
Richard Osborn – Bellarmine U.
Jesus Perez – U. of Kentucky
Caleb Reams – Asbury U.

Qualifying parents of scholars are employed full-time by one of the following central Kentucky Thoroughbred farms: Airdrie Stud, Ashview Farm, Godolphin USA (5), Hermitage, Rosemont Farm, Rose Hill Farm, Seclusive Farm, Spendthrift Farm, Walmac Farm, Water Cress Farm, and Westbrook Stables.

The Fund was founded in 1996 by Rob Whiteley of Liberation Farm, Tom Evans of Trackside Farm, and Fred Seitz of Brookdale Farm.

“In pursuit of their dreams, many of our scholars work 20 or more hours per week outside of school while carrying a full course load,” said Tom Evans, President of HFWEAF. “Our main goal is to award enough money so that they can focus on their studies and make school their number one priority without incurring a huge burden of long-term student loan debt. Investing in these young people is also an investment in the industry. Many of our scholars after successfully completing their studies have returned to pursue careers in the Thoroughbred industry. Several have already distinguished themselves (including a Director of Racing at a major North American track). Those who have chosen careers outside the industry have made their mark as professionals in nursing, education, social work, theology, and business.”

The Fund is run on a volunteer basis and over 95% of donor monies flow directly to scholarship recipients. Over the years, donors have included the Carl Pollard Foundation, Kentucky Thoroughbred Farm Managers Club, Kentucky Thoroughbred Owners and Breeders, Hilary Boone Foundation, KTA, Fasig-Tipton, Keeneland, Darley and Godolphin, Hill 'n' Dale Farm, Thoroughbred Charities of America, William Marquard, W.T. Young, Race for Education, the Crafty Prospector syndicate, and several donors in memory of Gus Koch.

Said co-founder Whiteley, “These scholars and parents are an industry treasure. Farm workers are the backbone of the breeding industry and therefore the foundation of the entire Thoroughbred industry. The parents of these scholars have instilled an incredible work ethic in their children. Year after year, these outstanding young people impress the Board with their ability, motivation, energy, enthusiasm, and accomplishments. In many instances, our scholars are the first in their families to pursue secondary education; and some could not pursue education without our financial assistance.”

The Fund is a 501c3 organization and tax deductible contributions may be made through the website: www.horsefarmworkerseducationfund.com.

Checks may be sent to HFWEAF, 2938 Four Pines Drive, Lexington, KY 40502

Applications are available in March with a July 1st deadline, followed by personal interviews with the board.

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