Jockey Club Gets Permission to File Brief in Baffert Affair

The Jockey Club (TJC) was granted permission to file its proposed amicus brief in trainer Bob Baffert's federal lawsuit against the New York Racing Association (NYRA), but must do so within a week.

Judge Carol Bagley Amon issued the order Wednesday in the United States District Court, Eastern District of New York.

“The request for permission to file an amicus brief [14] is GRANTED in part,” the order reads. “The Jockey Club may file its proposed amicus brief. The brief must be filed no later than June 30, 2021, or it will not be considered.”

Baffert is seeking to overturn the ban imposed upon him by NYRA on May 17 after Medina Spirit (Protonico) tested positive for Betamethasone in this year's GI Kentucky Derby.

On June 14, Baffert filed a civil complaint against NYRA, alleging that the association's ban violates his Fourteenth Amendment constitutional right to due process. He is seeking a preliminary and permanent injunction ordered against NYRA to prevent his further banishment from those tracks, claiming that if that does not happen, he will suffer immediate and irreparable harm.

In a June 22 letter to the court, Susan Phillips Read, an attorney for The Jockey Club, asked for permission to file an amicus brief. She indicated in the letter that The Jockey Club may be able to provide the court information which it may not be able to obtain elsewhere, though what that information was is unclear.

TJC, through its wholly-owned subsidiaries and Thoroughbred Safety Committee, has access to information not necessarily available to the parties,” Read wrote.

An amicus brief or curiae–literally `friend of the court'–is filed by a person or party with a strong interest in the matter who is not a party to the action.

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Tiznow Filly Tops Fasig-Tipton Santa Anita Sale

by Dan Ross & Jessica Martini

ARCADIA, CA – The Fasig-Tipton Santa Anita 2-Year-Olds in Training Sale returned from its year-long hiatus with a steady, if slimmed down version, Wednesday in Arcadia. A filly by Tiznow brought the auction's top price when selling to Spendthrift Farm for $250,000. The filly was one of eight to sell for six figures during the one-session auction.

“I think we saw today that there is a viable marketplace,” said Fasig-Tipton's President Boyd Browning, Jr. “There were plenty of buyers in attendance at the sale and overall I thought horses sold well and were well received.”

From a catalogue of 115, 68 went through the ring and 53 sold for a gross of $2,981,000. With 15 horses reported not sold, the buy-back rate was 22.1%. The average was $56,245 and the median was $50,000.

With 69 of 108 offered horses sold for a gross of $3,769,500 in 2019, the average was $54,630 and the median was $30,000.

“I'd be lying if I said I wasn't disappointed in the size of the catalogue,” Browning said. “We offered less than 70 horses today and I think, long-term, you have to question the viability of a sale with this number of horses.”

Fasig-Tipton has been stymied by various factors in its attempts to gain traction in the California marketplace. The company conducted its first Santa Anita 2-Year-Olds sale in 2019 against the backdrop of safety concerns and a large number of equine fatalities at the Arcadia track. The 2020 juvenile sale was completely wiped out by the global pandemic.

“We started coming to California in 2019 and obviously the first year we had the racetrack situation at Santa Anita,” Browning said. “They clearly addressed that and made amazing progress on the safety issue, but 2019 was a difficult year to recruit horses under those circumstances. And then you have the COVID year of 2020, so there was no track record to recruit horses, particularly from outside California, to ship here in 2021.”

Browning continued, “I think the California industry has to make a decision whether they want to have a viable sales marketplace or not. We had very little support from the significant California breeders this year. And ultimately, the strength of any sale is based on the quality of product you are able to attract. The local constituents need to make a decision on whether they are going to be supportive of auctions in California or not. We are going to do everything we can in terms of providing customer service and in recruiting buyers and conducting a first-class auction.”

Tiznow Filly to Spendthrift

Trainer Carla Gaines went to $250,000 to acquire a filly by Tiznow on behalf of Spendthrift Farm at the Fasig-Tipton Santa Anita sale Wednesday. Consigned by Pike Racing, the bay juvenile is out of Soot Z (Empire Maker) and is a half-sister to graded winner Amalfi Sunrise (Constitution). She worked a furlong in :10 3/5 during Monday's under-tack show.

“I liked everything about her,” Gaines said after signing the ticket on the youngster. “She is fast. And she has a very strong pedigree, with a good first dam.”

Soot Z, who is a daughter of graded stakes winner Bella Chiarra (Phone Trick), has also produced group placed Gotti (More Than Ready) and stakes placed Senatus (Sky Mesa). The mare, in foal to Into Mischief, sold for $800,000 at the 2019 Fasig-Tipton November sale. Her Tiznow filly, bred by Tolo Thoroughbreds and Art Tanaka, RNA'd for $290,000 as a weanling at that same sale.

Of immediate plans for the filly, Gaines said, “We will probably give her a little time. We are talking about giving her 30 days.”

West Point Strikes for Maclean's Music Filly

A filly by Maclean's Music (hip 65) will be joining the Southern California stable of trainer John Sadler after West Point Thoroughbreds' Terry Finley made a final bid of $155,000 to acquire the youngster at Santa Anita Wednesday.

“She is a beautiful filly,” Finley said. “We liked her when we saw her. And we liked the work [:10 3/5]. Obviously the stallion has gotten very hot–he's probably going to be a top stallion for years to come. We are very excited about her.”

The bay, consigned by McCarthy Bloodstock, is out of the unraced Bauble (Tale of the Cat), who is a half-sister to Grade I winner Persistently (Smoke Glacken). The mare also produced stakes-placed Royal Story (Lemon Drop Kid). Bred by Merriebelle Stable, the juvenile was purchased by Justin Wojczynski for $39,000 at last year's Keeneland September sale.

“She'll go to John Sadler and we will try to get her to the races as soon as possible,” Finley said. “I'll turn that over to John and his team, they do a pretty good job on that. I think there might a shot to make Del Mar, I hope so, if not we'll get her here [at Santa Anita].”

Of the filly's final price, Finley added, “I wasn't quite sure she would bring that kind of money, but she stood out here. We think we have a good prospect, but you have to pay for good prospects.”

West Point, whose California purchases over the years have included Grade I winner Awesome Gem (Awesome Again) and multiple stakes winner and graded placed Galilean (Uncle Mo), bought three horses during Wednesday's auction. The operation acquired a filly by Holy Boss (hip 99) for $110,000 and a colt by Union Jackson (hip 87) for $42,000.

“We are big supporters of Fasig-Tipton and we're big supporters of California racing,” Finley said. “We hope we are here for a long time. It takes time and money to come out here, but to support something you've got to show up.”

Best Pal Could Be on Tap for Bochombo

Bochombo (Street Boss) (hip 20), fresh off a runner-up effort in Sunday's Fasig-Tipton Futurity, could make his next start in graded company after trainer Peter Miller bid $150,000 to acquire the colt on behalf of owner Tom Kagele Wednesday at Santa Anita.

“We will get him down to San Luis Rey and go over him and get a game plan which may include the [Aug. 7 GII] Best Pal S. [at Del Mar],” Miller said.

Miller was taking the 'if you can't beat them, buy them' approach with his bidding Wednesday. Bochombo beat Miller's Bet On Mookie (Uncaptured), who returned with a 5 1/4-length graduation on the turf June 11.

“He beat one of my best 2-year-old who came back to win easily on the garss, so I knew the company that he beat was very solid,” Miller explained of Bochombo's appeal. “That really encouraged me.”

Purchased by Sunset Stables for $15,000 at last year's Keeneland September sale, Bochombo RNA'd for $100,000 at the OBS March sale. He broke his maiden in his second start May 23 for Dan Northrup and trainer Luis Mendez and was second behind the impressive Big City Lights (Mr. Big) in Sunday's Futurity. The colt was consigned to the Santa Anita sale by Havens Bloodstock.

Also Wednesday, Miller purchased a filly by Classic Empire (hip 7) for $35,000.

“I buy the majority of my horses back east, but I think it's important that we have a viable 2-year-old sale in California,” Miller said. “I thought the sale went very well. I thought the quality was up and I thought there were some very nice horses in there.”

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Eclipse Thoroughbred Partners Founder Aron Wellman Joins Writers’ Room

Fresh off a Group 2 win last week at Royal Ascot, Eclipse Thoroughbred Partners' founder Aron Wellman joined the TDN Writers' Room presented by Keeneland Wednesday morning to talk about his ownership strategies, how he talks to new partners about concerns in the industry and much more.

Asked about Eclipse's ever-evolving purchasing power, Wellman, who called in via Zoom as the Green Group Guest of the Week said, “We made a point when we launched Eclipse about 10 years ago to really try to prove ourselves at being good at just about everything in terms of trying to buy horses. We believe that a good horse can come from anywhere at any time. I really cut my teeth early on in the game by starting to claim horses, because that was the immediate-action way to go. Then it evolved into trying to buy horses privately, going overseas and getting them to the States. We've been very fortunate to get support from our partners at the yearling sales as well as the 2-year-old sales and have been very lucky to buy Grade I winners and Classic winners out of them. It's tough to be really, really elite at all of those avenues by which you can acquire horses. But we've certainly done our best to provide our partners with a variety of opportunities year in and year out and the track record, fortunately, has spoken for itself that our partners continue to believe in the process.”

Wellman also commented on the challenges he faces in recruitment considering the scandal that has surrounded racing for the last few years, saying, “It's certainly a barrier to entry. It's a conversation that I have with just about every prospective partner that comes through Eclipse's doors. I think that the industry is slowly but surely making good strides towards appropriate reform. It's never enough and it's never fast enough, but on the Eclipse side, we try our best to surround ourselves with good people. We've always believed in that philosophy. I am a big proponent of the industry getting more serious about the penalties handed down to trainers who are violating the rules. We can't allow anyone, I don't care who you are, how big you are or how small you are, to operate by a different set of rules. There's no question that we need a unified, centralized governing body here in the United States to oversee the industry. For too long, we've swept issues under the rug. We've protected guys because we were concerned about the public image and guys that are too big to fail. Thinking maybe it would be worse for the industry to expose them rather than to protect them. But we've been accomplices for too long. We've aided and abetted for too long. It's really high time that we took swift and serious action.”

Elsewhere on the show, which is also sponsored by West Point Thoroughbreds, the Minnesota Racehorse Engagement Project and Legacy Bloodstock, the writers discussed a bombshell investigation of Bob Baffert in the Washington Post, talked about a possible hope for Arlington Park's survival and projected the successes and challenges of fixed-odds wagering. Click here to watch the podcast; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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Golden Pal Acquired By Coolmore, To Target Nunthorpe

Golden Pal (Uncle Mo), front-running winner of the 2020 GII Breeders' Cup Juvenile Turf Sprint for his breeder Randall Lowe, has been purchased by Mrs. John Magnier, Michael Tabor, Derrick Smith and Westerberg, a Coolmore official confirmed Wednesday.

The first foal out of Lowe's outstanding 11-time stakes winner Lady Shipman (Midshipman), Golden Pal was bought back on a bid of $325,000 at the 2019 Keeneland September sale and was runner-up on debut over the Gulfstream main track last April before missing by a neck to The Lir Jet (Ire) (Prince of Lir {Ire}) in the G2 Norfolk S. at Royal Ascot in June. The Florida-bred bested his stablemate Fauci (Malibu Moon) to graduate in the Skidmore S. at Saratoga in August and validated 4-5 favoritism in the Juvenile Turf Sprint, scoring by 3/4 of a length at Keeneland last November.

The decision to sell Golden Lad was not taken lightly, Lowe said.

“It was very hard,” he admitted. “I've been in this business now for 36 years. To go from the very bottom to come all the way to the top and then finally win the Breeders' Cup, it made it very hard. But I wasn't going to be the one to try to repeat with another horse and spend millions upon millions of dollars without finding a top horse again. He's going to run three or four times this year and then head to the breeding shed. This sale comes at the right time and at the right price.”

All is not lost, however, as Lowe retains ownership of Lady Shipman, narrowly runner-up in the 2015 GI Breeders' Cup Turf Sprint, and her colt foal by Omaha Beach named Lieutenant General. Lowe also owns a pair of breeding rights in Golden Pal upon his retirement.

“Before she ran in the Breeders' Cup, I had an offer on the table for $3.5 million,” Lowe said of Lady Shipman. “People thought I had lost my mind for not selling her before the Breeders' Cup, but I told everyone, 'I've gotten this far with her and I honestly believe enough in her that I think we have a legitimate chance to win the Breeders' Cup.' And she got beat a bob. People have been trying to purchase her from me and I said, 'If we can't win the Breeders' Cup with her, we'll win it with one of her kids,' and we were right.”

Lowe reports that Lady Shipman is currently back in foal to Uncle Mo

Golden Pal is currently in training with Wesley Ward at Churchill Downs, where he breezed five furlongs in an easy 1:02.20 over a firm turf course June 20. Ward is pointing the bay towards a seasonal reappearance in the $120,000 Quick Call S. on opening day of the Saratoga meeting July 15 as a stepping-stone to the G1 Coolmore Wootton Bassett Nunthorpe S. at York Aug. 20. Golden Pal was an intended runner for last year's Nunthorpe, but the threat of wet weather scuppered those plans and he was rerouted for the Skidmore.

The Ward-trained and Coolmore-owned filly Acapulco (Scat Daddy) won the 2015 G2 Queen Mary S. at the Royal meeting and made the running in the Nunthorpe before finishing second as the 8-5 favorite.

 

WATCH: Golden Pal winning the 2020 Breeders' Cup Juvenile Turf Sprint

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