Tag: Top News

Weekly Rulings: December 19-25

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among the key rulings from the last week, trainer Bonnie Lucas was suspended seven days after a post-race Xylazine positive in a sample taken from Tankinator, who was injured and vanned off in a race at Parx Racing on Nov. 7. Xylazine is a Class B controlled medication under HISA that can be used to sedate racehorses.

It remains unclear whether Tankinator was euthanized as a result of his injuries sustained that day.

The 5-year-old gelding was having his first race for Lucas, having been claimed out of the Webster Gayle barn on Oct. 21. In a post-race sample taken Oct. 21, Tankinator tested positive for the corticosteroid Dexamethasone, a controlled medication commonly used as an anti-inflammatory.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Sugar Fish. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: Treated as 1 violation with Sugar Fish under 09/08/23 HISA Guidance. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Barristan the Bold. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/08/2023
Licensee: Ilmar Loaiza, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Roseinthesky, who finished second at Finger Lakes on 11/8/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/07/2023
Licensee: Bonnie Lucas, trainer
Penalty: 7-day period of Ineligibility, beginning on December 27, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Admission.
Explainer: For the presence of Xylazine—Controlled Medication (Class B)—in a sample taken from Tankinator, who was pulled up and vanned off in a race at Parx Racing on 11/7/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/28/2023
Licensee: Terry Eoff, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Methocarbomal—Controlled Medications (Class C)—in a sample taken from Kentucky Dawn, who finished second at Remington Park on 9/28/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations
Date: 12/08/2023
Licensee: Victor Barboza, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Long Range Toddy. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/30/2023
Licensee: Robert Fiesman, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Little Four, who was euthanized after breaking down in a race at Mahoning Valley on 10/30/23, according to Equibase. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/06/2023
Licensee: Luis Mendez, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Big Celebration, who finished third at Santa Anita on 10/6/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule
One important note: HISA's whip use limit is restricted to six strikes during a race.

Mahoning Valley
Erik Barbaran – violation date Dec 19; $250 fine, eight-day suspension, no further details of ruling

OTHER KEY RULINGS
The TDN also publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.
The following was taken from the ARCI's “recent rulings” webpage, which isn't always updated contemporaneously.

FLORIDA
Track: Gulfstream Park
Date: 12/6/2023
Licensee: Alexis Camano, trainer
Penalty: suspended license
Violation: Unpaid financial obligations
Explainer: FINAL ORDER # 2022-051619 = F.S. VIOLATION – FINANCIAL OBLIGATION TO TEIGLAND, FRANKLIN, & BROKKEN, D.V.M.'S, INC. – LICENSE SUSPENDED BEGINNING 12/6/2023 FOR A PERIOD EXTENDING UNTIL ALL OUTSTANDING FINANCIAL OBLIGATIONS HAVE BEEN FULLY SATISFIED.

Track: Gulfstream Park
Date: 12/6/2023
Licensee: Aubrey Maragh, trainer
Penalty: 15-day suspension, $1.500 fine
Violation: Medication violation
Explainer: FINAL ORDER 2023-003854 – F.S. 550.2415 VIOLATION = 5 HYDROXYDANTROLENE. “MODAZZLE” $1500 FINE, 15 DAY SUSPENSION – DATES TO BE DETERMINED BY STEWARDS, AND RETURN OF PURSE IMPOSED

Track: Gulfstream Park
Date: 12/6/2023
Licensee: Andry G. Blanco, owner
Penalty: suspended license
Violation: Unpaid financial obligations
Explainer: FINAL ORDER # 2023-046372 = F.S. VIOLATION – FINANCIAL OBLIGATION TO TEIGLAND, FRANKLIN, & BROKKEN, D.V.M.'S, INC. LICENSE SUSPENDED BEGINNING 12/6/2023 FOR A PERIOD EXTENDING UNTIL ALL OUTSTANDING FINANCIAL OBLIGATIONS HAVE BEEN FULLY SATISFIED.

The post Weekly Rulings: December 19-25 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

At 2 1/2-Year Mark, Bettors-Vs.-Baffert Lawsuit on Cusp of Getting Booted Back to Original Court

The New Jersey-based lawsuit in which a group of bettors are alleging they were cheated out of their property by Bob Baffert when his betamethasone-positive trainee, Medina Spirit, crossed the finish wire first in the 2021 GI Kentucky Derby and purportedly prevented the plaintiffs from cashing winning tickets on the runner-up is on the cusp of being transferred back to a federal court in California where it was first initiated 2 1/2 years ago.

In a Dec. 22 filing in United States District Court (District of New Jersey), the judge in the case ordered both sides to file letters by Jan. 15 “if either party wishes to explain why this case should NOT be transferred back to the Central District of California.”

The judge explained his rationale: “This case relates entirely, or all-but-entirely, to alleged events at a 2021 horse race in Kentucky,” the judge wrote. “And this case was originally filed by the Plaintiffs in the Central District of California, before the Plaintiffs voluntarily dismissed their claims and re-filed them here. This is a case, in short, that has little, if anything, to do with New Jersey.”

The original version of the suit, led by Michael Beychok, the winner of the 2012 National Horseplayers Championship, was filed in California four days after Baffert's May 9, 2021, disclosure that Medina Spirit had tested positive for betamethasone after winning the May 1 Derby.

It wasn't until Aug. 22, 2023, that the Kentucky Horse Racing Commission's disqualification of Medina Spirit from the 2021 Derby–which also affirmed the elevation of runner-up Mandaloun as the official winner–was sustained after a long administrative appeals process.

Baffert, plus his incorporated racing stable, were named as the defendants back in 2021, and the plaintiffs' California-filed version of the suit made it a point to note that “Venue is also proper for these claims in this Court because Defendants reside and transact their affairs and conduct business in the State of California and, specifically, through this District.”

The more than 30 class members of that suit chose the Racketeer Influenced and Corrupt Organizations Act (RICO) Act as a tool to try and collect damages. In addition, they sought an order from the judge stating that Baffert must divest himself from the sport.

RICO is a sweeping 1970 federal statute initially designed to combat the Mafia. But in a legal sense, it has long since lost its “organized crime” stigma. RICO today is rarely used to go after stereotypical “godfather” figures. Instead, RICO has evolved as a civil litigation component, and is most often asserted by purported victims of white-collar crimes, such as mail and wire fraud.

Two months after its initial filing, the class-action complaint was withdrawn from the California federal court on July 22, 2021. One day later, an amended version of it resurfaced in New Jersey.

The New Jersey complaint from July 23, 2021, alleged that, “[Baffert's] multiple and repeated acts of doping and entering horses into Thoroughbred races, including the Kentucky Derby, constituted racketeering activity.”

In subsequent court documents, the plaintiffs explained why they believed New Jersey should now be the proper venue. They cited a legal precedent that involved a case in which the act of  simulcasting a race into New Jersey from another state “permits the Court to exercise personal jurisdiction over it.”

The plaintiffs also alleged that Baffert's purported doping fraud included his occasional starts at Monmouth Park.

But as far back as September 2021, when Baffert first moved for dismissal of this lawsuit, his court filing termed that switch from California to New Jersey “blatant forum shopping” because the new venue has “no meaningful connection to the allegations raised in their Complaint.”

The term “forum shopping” refers to the practice of litigants angling to get their case heard in the court thought most likely to result in a winning outcome. It is not illegal or unethical to forum shop, but judges can and do let parties know if they believe lawyers are stretching legal boundaries by trying to get their cases heard in venues that are most favorable to them.

Another Baffert filing, on Jan. 12, 2022, again alleged that the plaintiffs were off base in attempting to litigate the matter in New Jersey.

“The law is clear that there must be case-specific contacts with the forum state…” that filing stated. “Even if one were to accept Plaintiffs' tinfoil conspiratorial premise that Baffert engaged in a nationwide racketeering scheme to defraud individuals he never met, Plaintiffs would still have to establish that at least some of the alleged illicit conduct actually occurred in New Jersey. They have utterly failed to do so. This matter has zero connection to New Jersey and it must be dismissed.”

Earlier this year, a federal judge in Kentucky dismissed a similar (but entirely separate) class-action lawsuit initiated against Baffert by a group of horseplayers who alleged negligence, breach of contract, and unjust enrichment because their losing pari-mutuel bets on the 2021 Derby also weren't honored as winners.

Baffert's attorney in the New Jersey case, W. Craig Robertson III, made sure the judge in New Jersey was aware of that Kentucky dismissal when considering the motion to dismiss, which is still active and has yet to be ruled upon.

“Identical to this case, the [federal complaint in Kentucky] was commenced by a purported class of aggrieved gamblers against [Baffert] asserting claims connected to pari-mutuel payouts from the 2021 Kentucky Derby,” Robertson wrote in a July 26, 2023, letter to the U. S. District Court of New Jersey.

“The Western District of Kentucky dismissed those claims as a matter of law,” Robertson continued. “Specifically, the Court held that Kentucky's Rules of Racing govern all bets placed on the Kentucky Derby and because the Rules are clear that all payouts are final based on official race-day results, aggrieved gamblers have no injury at law and no viable cause of action even if race results are later altered.

“Similarly here, [Baffert seeks] dismissal of the case before Your Honor due to a lack of cognizable injury, whether under the RICO statute or otherwise,” Baffert's attorney wrote.

Counsel for the plaintiffs responded with their own letter to the judge Aug. 7, writing that the Kentucky decision “has no relevance or merit to the present matter” and that the “causes of action brought by the present Plaintiffs in this action are separate, distinct, and dissimilar from the claims brought by separate parties” in the dismissed Kentucky lawsuit.

The post At 2 1/2-Year Mark, Bettors-Vs.-Baffert Lawsuit on Cusp of Getting Booted Back to Original Court appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Ushba Tesoro No Sure Thing In Daishoten Defence

While the final of the roughly two dozen Group 1 races on the Japan Racing Association was scheduled for Thursday, the Tokyo Daishoten–the only recognized international Group 1 event and pattern race of any variety on the National Association of Racing circuit–takes place Friday afternoon at Ohi Racecourse in the Japanese capital.

Under normal circumstances, the discussion of the 2000-metre dirt affair would begin and end with Ushba Tesoro (Jpn) (Orfevre {Jpn}), whose victory here 12 months ago catapulted him to future success on the world stage in the G1 Dubai World Cup. Set for a start in the GI Breeders' Cup Classic almost before he even got his picture taken at Meydan, the 6-year-old impressed in his local prep prior to departing for America in late September. He certainly didn't run a poor race at Santa Anita, as he was left entirely too much to do and wound up fifth behind White Abarrio (Race Day). It's just 55 days since a trip to the States and back again, not to mention a race in between, and he could be vulnerable.

That theory might ring true no matter the competition, but Mick Fire (Jpn) (Sinister Minister) will present a stiff challenge in a race that could very well propel him to overseas targets. The 3-year-old colt is unbeaten and–really–unchallenged in seven career starts to date, all on the NAR. All but one of those starts have come at Ohi, including the Listed Japan Dirt Derby back in July, and he prepped for this with a defeat of 2023 GI Santa Anita Derby runner-up Mandarin Hero (Jpn) (Shanghai Bobby) in the Derby Grand Prix (allowance) over the course and distance Oct. 1.

While dual Group 1 winner Lemon Pop (Lemon Drop Kid) swerves this event in favour of potential appearances in the Middle East over the coming months, those that finished immediately behind him in the G1 Champions Cup three weekends ago take their chances. Wilson Tesoro (Jpn) (Kitasan Black {Jpn}) flashed home strongly to finish runner-up at Chukyo, outfinishing Dura Erede (Jpn) (Duramente {Jpn}), who caused a major boilover in last year's Hopeful S., but seems to have found a home on the dirt. Bauyrzhan Murzabayev has the call.

The 4-year-old King's Sword (Jpn) (Sinister Minister) is another talented dirt runner for his sire and punched his ticket to the Daishoten with an easy victory over Notturno (Jpn) (Heart's Cry {Jpn})—second in this last year–in the Listed JBC Classic over the course and distance Nov. 3.

The post Ushba Tesoro No Sure Thing In Daishoten Defence appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Daddysruby Leads Home Cal-Bred Exacta One-Two in the La Brea

In a battle of Cal-bred fillies, it was Jethorse, Wachtel Stable and Gary Barber's Daddysruby (Frac Daddy) who just got the bob over the late-closing Big Pond (Mr. Big) in a thrilling finish to the GI La Brea S. at Santa Anita Tuesday. Though not the quickest into stride from her inside post, Daddysruby rushed up along the rail to take the early lead. She was pressed by favored Howl (Practical Joke) through a quarter in :22.21, but opened a clear lead as the favorite–unbeaten in a pair of lifetime starts coming into the La Brea–faltered after a half in :44.49. Daddysruby was still in front at the top of the lane and looked home free, but Big Pond loomed a threatening presence to her outside and closed with determination under Frankie Dettori to just miss on the line.

“We just wanted to get a good position because we were on the rail,” said winning rider Juan Hernandez. “I watched the other horses break and I knew we didn't need to go right to the lead. We broke quick. She's so game. She gave me a couple of more jumps in the lane. I wasn't so sure when we crossed the wire, but when my number went up, I was so happy.”

Co-owner Gary Barber admitted he wasn't sure his filly had come out on top in the photo finish.

“That was a close one, I didn't know who got it,” Barber said. “It was really tough. It looked like we were going to come second but winning like that, it's thrilling and were very happy.”

Daddysruby won her maiden impressively at first asking over the Tapeta at Golden Gate in January for her breeder, Steven Reger's Jethorse, and trainer Tim McCanna before Adam Wachtel and Barber joined the ownership line and the filly was transferred to trainer Peter Miller's barn. Winner of consecutive state-bred races–over the main track at Santa Anita in March and over the lawn at Del Mar in August–the gray filly was fourth in an age-restricted two-turn allowance on the grass at Del Mar Sept. 3, but atoned with a 5 1/4-length victory against older fillies and mares sprinting on the dirt last time out at Santa Anita Oct. 27.

“She is just all heart, and she was just a warrior today,” said Barber. “There's nothing better than winning a Grade I on opening day. We put a lot of money into this game and these are the moments we want to enjoy and share the victory with all of the partners and friends.”

Pedigree Notes:
Daddysruby is the first graded winner for her Ontario-based sire, Frac Daddy. She is the stallion's fifth black-type winner overall and first outside of Woodbine. Reger, a realtor based in Billings, Montana, campained Daddysruby's dam, Youtheprizeandi. The mare's first foal was stakes-placed Daddysprize (Scat Daddy), who was second in the 2018 Real Good Deal S. in the Jethorse colors. She has a yearling filly by Conquest Farenheit, but her 2023 foal by Smiling Tiger died.

Tuesday, Santa Anita
LA BREA S.-GI, $302,000, Santa Anita, 12-26, 3yo, f, 7f, 1:23.06, ft.
1–DADDYSRUBY, 120, f, 3, by Frac Daddy
                1st Dam: Youtheprizeandi, by You and I
                2nd Dam: Misty Knight, by Tough Knight
                3rd Dam: Misty Park, by Table Run
   1ST BLACK TYPE WIN, 1ST GRADED STAKES WIN, 1ST
   GRADE I WIN. O-Jethorse LLC, Wachtel Stable and Gary
Barber; B-Jethorse LLC (CA); T-Peter Miller; J-Juan J.
Hernandez. $180,000. Lifetime Record: 6-5-0-0, $352,014.
Werk Nick Rating: F. Click for the
   eNicks report & 5-cross pedigree or the free
   Equineline.com catalogue-style pedigree.
2–Big Pond, 120, f, 3, by Mr. Big
                1st Dam: Beside Still Water, by Lemon Drop Kid
                2nd Dam: Way to Go, by Gone West
                3rd Dam: Fantastic Ways, by Secretariat
   1ST GRADED BLACK TYPE, 1ST G1 BLACK TYPE. O/B-George
Krikorian (CA); T-Tim Yakteen. $60,000.
3–Clearly Unhinged, 120, f, 3, by Into Mischief
                1st Dam: Smart Win, by Smart Strike
                2nd Dam: Win McCool, by Giant's Causeway
                3rd Dam: Win Crafty Lady, by Crafty Prospector
O-Rock Brother Racing LLC; B-Rock Brothers Breeding LLC
(KY); T-Michael W. McCarthy. $36,000.
Margins: NO, 4, HF. Odds: 6.10, 5.40, 2.70.
Also Ran: Royal Spa, Fast and Shiny, Ice Dancing, Satin Doll, Howl, Bangs. Scratched: Blessed Touch.
Click for the Equibase.com chart or the TJCIS.com PPs. VIDEO, sponsored by FanDuel TV.

 

The post Daddysruby Leads Home Cal-Bred Exacta One-Two in the La Brea appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights