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CHRB Settles with Ruis in ’18 Santa Anita Derby Dispute Involving Justify DQ

Three months after a Los Angeles County Superior Court judge ordered the California Horse Racing Board (CHRB) to set aside a 2020 stewards' decision and issue a new ruling disqualifying winner Justify from the 2018 GI Santa Anita Derby, a separate settlement has been reached that calls for the CHRB to pay $300,000 to Mick Ruis, the owner of runner-up Bolt d'Oro, and to order a redistribution for the $1-million purse of that stakes.

Dick Downey of the Blood-Horse was first to report the settlement on Thursday, citing details made public in court filings.

Neither the settlement nor the underlying lawsuit involved any direct claims against 'TDN Rising Star' Justify's then-ownership group (China Horse Club, Head of Plains Partners, Starlight Racing, and WinStar Farm) or the colt's trainer, Bob Baffert.

Although, as Downey pointed out in the Blood-Horse, “Presumably they retain the right to appeal the stewards' ruling” and the purse redistribution.

By winning the Santa Anita Derby, the undefeated Justify was able to earn necessary qualifying points to enter the GI Kentucky Derby. He then swept the remaining two Triple Crown races, the GI Preakness S. and GI Belmont S, but was retired from racing six weeks later after developing a left front ankle filling.

It wasn't until 15 months after Justify's Triple Crown romp that a September 2019 bombshell story in the New York Times revealed that Justify had tested positive for scopolamine after he won the Santa Anita Derby, and that the result had been kept hidden from the public.

The Times further reported that CHRB officials arranged to handle Justify's positive “differently than usual” by holding an August 2018 executive session hearing during which CHRB members voted unanimously not to disqualify Justify or to sanction Baffert because the positive test was the result of contamination linked to jimson weed.

The stewards subsequently claimed they had no jurisdiction on the matter as it had already been decided, a decision with which the CHRB later concurred.

Ruis then began what would turn out to be a years-long legal quest to have the result of the race overturned with Bolt d'Oro declared the winner, alleging that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify's positive test.

Carlo Fisco, one of Ruis's attorneys, told TDN via email Thursday evening that the settlement also will quell a separate civil case pending against the CHRB that sought monetary damages.

“We have settled our monetary claims against the CHRB, which now has the additional duty to recover and redistribute the purse to the rightful owners including our client,” Fisco wrote. “It was never about the money. I'm hoping we can all move on and put the actions in 2018 of a few bad actors behind us. It's all been settled save for the purse redistribution.”

According to the Mar. 5 court document that outlines the settlement, “within five days of [the CHRB] being served with the signed Judgment, the Board of Stewards will enter a new order disqualifying the horse Justify and redistributing the purse pursuant to Rule 1859.5 and ordering that all purse monies earned or awarded be returned to the Paymaster of Purses at Santa Anita within 30 days of their order. If the purse is not redistributed within 30 days, [the] CHRB shall use its best efforts pursuant to its rules [in] ensuring that the [court ruling] is upheld.”

The settlement filing states that the CHRB's obligations “are expected to be fully performed by CHRB using its best efforts as expeditiously as possible.”

The settlement also stipulates that “Nothing contained in this Agreement shall be construed as an admission of liability, any wrongdoing, or any violation of law.”

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Bevy of Bullets at OBS Thursday

A total of 15 juveniles shared the bullet :9 4/5 furlong work time during the second session of the under-tack show for the Ocala Breeders' Sales Company's March 2-Year-Olds in Training Sale Thursday in Central Florida.

Three of the bullet workers came from the Wavertree Stables consignment: a filly by Nyquist (hip 304) out of High Heeled Girl (Malibu Moon); a filly by American Freedom (hip 400) out of Limitless (Discreet Cat); and a colt by Shancelot (hip 421) out of Magnolias in Bloom (Flatter).

Wavertree also had a McKinzie colt who shared the :9 4/5 bullet time during Wednesday's first session of the under-tack show.

Eddie Woods sent out a pair of colts by WinStar Farm first-crop sires to share the bullet :9 4/5 time.

First up for the consignment was a chestnut colt by Promises Fulfilled (hip 316). Out of Hot Fun (Latent Heat), the Maryland-bred was purchased by the Quarter Pole Enterprises pinhooking partnership for $110,000 at last year's Keeneland September sale.

“I expected him to work well,” Woods said. “He is an amazingly good-looking colt by kind of an off-the-wall stallion, so to speak. I thought he would work really quick and he did. He's been like that from the first time we ever worked him. He just jumps right in there. He's a tall, leggy colt with great angles to him.”

Also working in :9 4/5 Thursday for Woods was a colt from the first crop of champion Improbable (hip 395). The bay is out of Libby's Tail (Tiz Wonderful) and was purchased by Woods on behalf of Michael Rullo for $135,000 at Keeneland September.

“The work was spectacular,” Woods said. “I can't always tell you a big horse like him is going to work in :9 4/5, but we expected a good work from him and he did that and then some. He galloped out great. He's a beautiful, big, long-striding horse. I think a lot of people are going to like him.”

The colt was one of two sons of Improbable to work the furlong in :9 4/5 Thursday. Also sharing the bullet was hip 325, a colt by the WinStar stallion out of stakes-placed Inaugurate (Empire Maker) from the Majestic consignment.

“As yearlings, I thought they were taller, leaner kind of horses,” Woods said of the progeny of Improbable he has seen. “But we had several in training here and they have come along really well. The one thing they do is move beautifully. They get across the ground really well. They are not huge, robust horses, but they are very athletic.”

For the second day in a row, a filly by Munnings from the Niall Brennan Stables consignment worked her furlong in :9 4/5. Hip 229 is out of Firefoot (Tapizar), a half-sister to graded winner Bandbox (Tapit). The 2-year-old, a $125,000 Keeneland September purchase, is a half-sister to stakes-placed Freeburn (Mitole).

A Bullet Bolt for Horseology Partners

Sharing in the bevy of bullets Thursday at OBS, a colt by Bolt d'Oro (hip 422) worked the furlong in :9 4/5 for Katie Miranda's White Lilac consignment. The bay colt is out of Maisie (Stay Thirsty), a half-sister to multiple graded winner Lovely Bernadette (Wilburn).

“The horse has always shown us positive things,” said Miranda. “He's had lovely breezes at the farm all year. I don't think we've ever had a bad breeze from him. And he prepped in :9 4/5 here [at OBS] last week.”

Asked to describe the colt, Miranda said, “He's a tank. He is an absolute tank. He looks like a Quarter Horse and he has muscles popping out of every part of his body.”

The colt was purchased for $150,000 at last year's Fasig-Tipton July sale by Brian DiDonato's Franklin Ave Equine on behalf of David and Jon Schlosser's Cliff Racing and Miranda and trainer Jena Antonucci's Horseology partnership.

“He was one of our stretch purchases of the year,” Miranda said. “Obviously, partnering with Cliff and Brian allowed that to happen. We had very high thoughts of him from the jump and he's proven it day in and day out. He's just a class act.”

Miranda and Antonucci have been working together for four years and this will be Horseology's second year of pinhooking partnerships.

“We have a good mixture of owners,” Miranda said. “Our big goal is to get new people involved. We do smaller shares to give people the ability to start at just a smaller level because this is an expensive game. We bought 10 [yearlings] for this year. The Bolt d'Oro is one of them. And we've got a pretty big group of owners involved, a mix of owners we have worked with for years and some new ones.”

Also earning the furlong bullet time Thursday: a filly by Caracaro (hip 225) consigned by Cesar Loya Training & Sales; a filly by Honest Mischief (hip 243) consigned by Jesse Hoppel's Coastal Equine; a filly by City of Light (hip 290) consigned by Top Line Sales; a colt by Violence (hip 301) consigned by New Hope AB; a colt by Twirling Candy (hip 398) consigned by GOP Racing Stable Corp.; a filly by Maximus Mischief (hip 418) consigned by Omar Ramirez Bloodstock; and a colt by Volatile (hip 420) consigned by Grade One Investments.

A pair of juveniles shared Thursday's fastest quarter-mile time of :20 4/5: a filly by Uncle Mo (hip 252) consigned by Pick View and a colt by Cajun Breeze (hip 271) bred and consigned by Tom McCrocklin.

While headwinds were a major factor later in Wednesday's first session of the under-tack show, conditions were more consistent throughout the second session Thursday, according to Miranda.

“The headwind yesterday was terrible,” Miranda said. “We probably had a much more consistent track today. They said it was going to be overcast–which to me means you can't see the sun. And there was just one cloud in the sky. Which was annoying just because the track gets so hot and sticky so quick. But the track seemed to play fair all day.”

Of wind conditions, Miranda said, “If anything we had a little bit of a tailwind at times, but definitely not the 12mph headwind people had to deal with yesterday.”

The under-tack show continues through Saturday with sessions beginning daily at 8 a.m. The March sale will be held next Tuesday through Thursday. Bidding begins each day at 11 a.m.

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Arnold Receives Seven-Day Suspension for Tramadol Positive; Raises Contamination Questions

Trainer Rusty Arnold has been suspended seven days and fined $1,000 after the 2-year-old filly he trains, Figgy (Candy Ride {Arg}), tested positive for a metabolite of Tramadol.

“I received notification and today am accepting the penalties for a horse in my care testing for a controlled substance under current HISA/HIWU regulations,” said Arnold in a letter circulated by the National Horsemen's Benevolent and Protective Association. “To be clear,” continues Arnold, “I have no issue that I have a positive post-race test. The problem is why it is a positive. We can't afford to just stand on the rail expressing outrage whenever one of our training colleagues gets ensnared in HISA and HIWU testing policies and penalties that defy common sense and ignore the realities of our environment. We need to speak not amongst ourselves but to speak up together to regulators–loudly–that the system in place is unfairly hurting livelihoods and reputations while doing nothing to make our horses and industry safer. I'm not anti-HISA (Horseracing Integrity & Safety Authority). But I'm very much against some of the policies they've put in place–and allowed its enforcement arm HIWU (Horseracing Integrity & Welfare Unit) to put into place–in determining drug and medication violations.”

Arnold said the drug was detected in Figgy's post-race test after her win in a Dec. 27 maiden race at Turfway, at a level of three nanograms per millileter of urine.

Tramadol is a narcotic used for moderate to moderately severe pain, according to the Mayo Clinic, which says it is also used to treat severe pain when opioids cannot be used or are not effective. It is often given post-surgery.

Officials at HIWU released a statement to TDN upon request. The statement read:

“A first-time presence violation for Tramadol, a Class B Controlled Medication under HISA's ADMC rules, calls for a period of Ineligibility of up to 15 days. This mirrors the penalty recommended for Tramadol in the ARCI's Model Rules, which predate HISA. Mr. Arnold chose to admit the violation, which reduces his period of Ineligibility to 7 days.”

Arnold continued: “I am accepting my penalty and will move on. However, I do 100 percent deny giving or instructing anyone on my staff to administer Tramadol to Figgy,” Arnold wrote. “We interviewed every person who came in contact with Figgy and no one had a Tramadol prescription. Figgy is under 24/7 state-of-the-art video surveillance supplied by Keeneland. This was offered to HISA, but they never responded to the offer to make that video available. We do not believe Figgy received Tramadol in our care.

“It is our belief that Figgy was contaminated with Tramadol either on the van ride to Turfway Park that day or in the receiving barn where she was in her assigned stall for approximately eight hours prior to her race. We have no control over those factors.”

Arnold said that he felt that HISA was unrealistic in its views and penalties for environmental contamination. “Horses are grazing animals,” he wrote. “They eat dirt. They love to lick smelly wet spots in stalls. They eat manure. They lick the walls of ship-in stalls. It is unreasonable to think we can control this.”

HIWU's statement to TDN continued: “HISA has introduced a cleanliness review of receiving barns into its racetrack accreditation visits and will continue to emphasize to racetracks the importance of maintaining the highest level of cleanliness standards in receiving barns to minimize any risks to horses.”

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Led by GISW Daddysruby, Bidding Now Open for Fasig-Tipton March Digital Sale

Fasig-Tipton has catalogued 105 entries for its March Digital Sale, which may be viewed at digital.fasigtipton.com. Bidding is now open and will close Tuesday, Mar. 12, beginning at 2 p.m. ET.

The catalogue offers horses of racing age, breeding stock, 2-year-olds, and yearlings.

Daddysruby (Frac Daddy) (Hip 1), winner of the GI La Brea S. at Santa Anita Dec. 26, headlines the sale's catalogue. Her La Brea win capped an outstanding 3-year-old season in which she won five of six starts on her way to career earnings of $364,014. Now four, she is consigned as a racing/broodmare prospect by Bluewater Sales, agent.

“Consignors have supported our March Digital Sale with another strong group of entries,” said Leif Aaron, Fasig-Tipton's Director of Digital Sales. “We are particularly excited to offer our first current Grade I winner on the platform in Daddysruby. At just four years old, she has a lot of racing opportunities still ahead of her.”

Other horses of racing age entries of interest include two in-form graded stakes level older horses, as well as recently graded stakes placed racing/broodmare prospects.

Breeding stock offerings include mares in foal to Mitole, Violence, and Yaupon, as well as eight mares offered along with their 2024 foals at foot.

Sires of yearlings represented include Curlin, Flatter, and Tapit.

Fasig-Tipton February Digital sale topper Pounce (Lookin At Lucky) won the GIII Herecomesthebride S. at Gulfstream Park. The 3-year-old filly was purchased on Fasig-Tipton Digital by Resolute Racing just 11 days prior to her graded stakes win.

“Pounce's impressive victory this past weekend demonstrates the level of quality that can be found on our digital platform,” Aaron said. “Her buyer was rewarded with a quick return on investment, while the filly never had to leave her stall or miss a day of training to be sold.”

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