Equine Sales Changes 2020 Mixed Sale Date

The Board of Directors of Equine Sales Company unanimously voted to change our upcoming Open Yearling and Mixed Sale Date to November 21, 2020. 

 In Order to Accommodate Quarter Horse Breeders & Consignors,
 we are proud to offer Quarter Horse Yearlings, Broodmares, Weanlings and Horses of Racing Age.

 

Please click on link below for consignment contract.

2020 Open Yearling & Mixed Sale Contract for Both Thoroughbred and Quarter Horses

Equine Sales Company
372 Harry Guilbeau Road
Opelousas, Louisiana  70570
Office:  337-678-3024 * Fax:  337-678-3028
Sale Director:  Foster Bridewell
Cell:  214-718-7618
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The Jockey Club Statement on USTA’s Response to the Horseracing Integrity and Safety Act

Wednesday, September 23, 2020

 

Lexington, KY – The Jockey Club today released a response from its general counsel, Marc Summers, to the United States Trotting Association’s (USTA) recent assertion that the Horseracing Integrity and Safety Act (HISA) is unconstitutional.

In a recent press release, the USTA touts a secret “white paper” purportedly concluding that the HISA is “possibly” unconstitutional. Of course, no one else has set eyes on this white paper. But it is hardly surprising that — after months of USTA opposition to any bill like HISA — the USTA’s hired-gun law firm would come up with the USTA’s preordained conclusion.

The USTA’s unwillingness to release its legal analysis is telling: In reality, HISA is carefully crafted and constitutionally sound. The bill has been rigorously vetted. Many attorneys from different sectors (including Supreme Court and constitutional experts from Akin Gump Strauss Hauer and Feld LLP) have thought through the very issues the USTA raises, because we anticipated that those who oppose the bill for other reasons would lob this type of unfounded attack. In the face of decades of precedent supporting the proposed statutory scheme, none of the USTA’s four constitutional arguments withstands scrutiny.

1. HISA does not violate the non-delegation doctrine. The USTA is correct, of course, that there are important limits on Congress’ ability to “grant regulatory authority to private entities.” But that doctrine does not bar private entities from “help[ing] a government agency make its regulatory decisions, for ‘[t]he Constitution has never been regarded as denying to the Congress the necessary resources of flexibility and practicality’ that such schemes facilitate.” Ass’n of Am. Railroads v. United States Dep’t of Transp., 721 F.3d 666, 671 (D.C. Cir. 2013) (quoting Pan. Ref. Co. v. Ryan, 293 U.S. 388, 421 (1935)), vacated on other grounds, 575 U.S. 43 (2015). As long as a government agency has discretion to approve, disapprove, or modify a private party’s proposed regulations, longstanding Supreme Court precedent makes clear that Congress is free to formalize the party’s role in the regulatory process.

The Horseracing Integrity and Safety Authority (Authority) designated in HISA is subject to the oversight and approval of the Federal Trade Commission (FTC) in at least two critical respects. On the front end, the Authority must file any proposed rules (or rule changes) with the FTC, which must subject the rules to proper notice-and-comment and agency-approval procedures. Without the FTC’s approval, the rules cannot take effect and have no binding legal force. On the back end, all sanctions imposed bythe Authority “shall be subject to review by an administrative law judge” appointed by the FTC, subject to yet further review by the commissioners. Far from the “exalted brooding” the USTA criticizes, these statutorily mandated constraints ensure the FTC’s ultimate responsibility for any meaningful action carried out under the HISA.

This relationship mirrors the enduring and effective model adopted by the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC). FINRA is a private, independent, nonprofit, self-regulatory organization that participates in the regulation of the securities brokerage industry, subject to SEC oversight. As with the proposed Authority-FTC scheme, FINRA rules must be approved by the SEC and FINRA’s disciplinary actions are subject to SEC review. Courts considering challenges to FINRA on the non-delegation grounds that the USTA’s press release trumpets consistently have held that the contentions have “no merit.”

Grasping at straws, the USTA warns about (undefined) “law-enforcement powers” that “would be free from FTC oversight.” As an initial matter, the predicate for USTA’s warning is false: Any powers carried out by the Authority, whether analogized to “law-enforcement powers” or not, would be cabined by specific rules the FTC adopts and specific review the FTC conducts over any resulting sanctions. In any event, the Authority’s investigatory powers also parallel those that FINRA routinely carries out with respect to securities brokers and firms. In fact, other statutory schemes — such as Congress’ express grant of broad investigatory authority to the U.S. Anti-Doping Agency (USADA), a private entity recognized as the official anti-doping agency for Olympic sports — impose far fewer constraints on self-regulatory organizations than the FINRA-SEC and Authority-FTC models impose.

2. Hedging its non-delegation challenge, the USTA alleges that the HISA may run afoul of the Appointments Clause and Article II removal restrictions. But the USTA does not acknowledge, let alone resolve, the tension between its two arguments: The non-delegation theory rests on the notion that HISA delegates regulatory authority to a private entity. Meanwhile, the Appointments Clause and removability concerns apply only to federal (i.e., non-private) entities. The fact that the pre-existing Authority designated by HISA is private — as USTA emphasizes to support its non-delegation challenge — dooms any Appointments Clause or removability challenge.

3. USTA’s due process theory fares no better. Ignoring the exceedingly difficult standard for bringing a successful claim under the Due Process Clause, the press release vaguely cautions against “economically self-interested private actors.” But the Authority’s only interest is improving the integrity and safety of horse racing. The “capture” theory that the USTA creates out of whole cloth lacks any basis. As the USTA recognizes, the majority of the Authority’s board members are “independent” (i.e., from outside the equine industry). To be sure, the remaining board members will have industry experience and engagement. But it is difficult to understand how that statutory recognition of the value of informed voices constitutes a deprivation of due process. What’s more, with respect to that minority group of board members, HISA expressly provides for equal representation among each of the six equine constituencies (trainers, owners and breeders, tracks, veterinarians, state racing commissions, and jockeys). And the committee tasked with nominating eligible candidates for board and standing-committee positions is made up of entirely non-industry members. The HISA further imposes broad conflicts-of-interest requirements to ensure that all board members and independent standing committee members (and their employees and family members) are free of all equine conflicts of interest.

All those safeguards mean the Authority’s board will be even more constrained from self-dealing than the leadership of other self-regulatory organizations, including FINRA. Regardless, established precedent confirms what common sense indicates: Even when a private entity is engaged in the regulatory process, agency authority and surveillance serve as adequate guards against any promotion of self-interest. See, e.g., Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 399 (1940). The FTC’s ability to overrule the Authority’s proposed rules and sanctions ensures that neither the Authority nor the individuals making up its board can “use their position for their own advantage — to the disadvantage of their fellow citizens.” Pittston Co. v. United States, 368 F.3d 385, 398 (4th Cir. 2004).

4. Finally, no part of HISA commands states to do anything to which they don’t freely agree. Instead of requiring the states to undertake any particular duties, the bill presents them with genuine choices: They can work with the Authority to effect the anti-doping program or they can relieve themselves of enforcement activity, with the Authority implementing the horse racing anti-doping and medication control program in the state. Further, the weakness in the USTA’s anti-commandeering argument is laid bare by its reliance on an incorrect quotation from the bill. Rather than providing that “State law enforcement authorities shall cooperate and share information with the Authority,” the bill directs the Authority “to cooperate and share information” with state and federal law enforcement authorities whenever its investigation into violations of the horse racing anti-doping and medication control program uncovers a violation of state or federal law.

For all its grandstanding, the USTA’s bottom line (apparently quoting its attorneys) is underwhelming to say the least: The “enactment would lead to extensive litigation and the possible invalidation of the statute.” Anyone can sue over anything — the mere existence of litigation says nothing about its likelihood of success. These are the facts: The HISA is ground firmly in 70 years of precedent and the Authority-FTC relationship closely parallels the long-running FINRA-SEC model. However, anything is “possible.” It is possible to place a winning trifecta bet six races in a row. But it is not likely. If Congress rejected every bill that could be litigated and “possibly” invalidated, it would never enact a new law.

The HISA is on solid constitutional footing.

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Louisiana-Bred Not This Time Colt Tops Keeneland Session 8

Colt bought by bloodstock agent Donato Lanni for $320,000

There were high fives all around at Keeneland during the Sept. 21 session of the September Yearling Sale after a Not This Time colt (Hip 2739) was sold for $320,000 to top the auction’s eighth session.

Consigned by Stuart Morris, the Louisiana-bred colt’s sale to agent Donato Lanni—who was acting on behalf of a unidentified client—represented a major home run for breeders Phillip and Nancy Stelly.

By Taylor Made Stallions’ Not This Time—the son of Giant’s Causeway whose first crop to race as 2-year-olds this year includes Del Mar Debutante (G1) winner Princess Noor—the colt named Mardi Gras Time is out of the winning More Than Ready  mare Ready At Nine, who has also produced stakes-placed Drummer Boy.

The colt was the first at Keeneland for the Stellys, who have been breeding since 2011. They credited Morris as well as Al and Salley Pike, and the Pikes’ son Colt, for their big score in the sale ring. Colt Pike had helped obtain the mating to Not This Time, and his parents had prepped the colt for auction.

“I just couldn’t be any more excited; it’s like catching lightning in a bottle,” said Phillip Stelly, who resides in Louisiana and said that both his father and grandfather were self-described “backyard trainers.”

“We’ve raised some babies and I always thought they were nice, but this is the nicest one we’ve ever raised,” he added.

L-R Nancy and Phillip Stelly, consignor Stuart Morris, Colt, Salley and Al Pike, 2020 Keeneland September Yearling Sale
Photo: Keeneland Photo

(L-R): Nancy and Phillip Stelly, Stuart Morris, Colt, Salley, and Al Pike at Keeneland

Lanni said the early success of Not This Time played a role in the purchase.

“The sire has done his job,” Lanni said. “You have to respect any yearling by that sire. He was a strong horse and straightforward, good-looking horse.”

The colt’s extended female family includes grade 1 winner Classy Cathy—the dam of British group 2 winner Placerville—millionaire Rieno Tesoro, and Xpressbet Florida Derby (G1) winner Audible .

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Budro Talking Gets 1st Stakes Win for Trainer Keith Austin in Louisiana Cup Turf Classic

Louisiana Cup Turf Classic
Louisiana Downs, 9-19-20, Mile and 1/16, Turf
3YO and Up, Accredited Louisiana Breds, $50,000

Budro Talking wins the Louisiana Cup Turf Classic. Hodges photo.

BUDRO TALKING
Tale of Ekati–American Placed
Breeder: J. Adcock & Hume Wornall
Owner: Jack Randall
Trainer: Keith A. Austin
Jockey: Joel Dominguez

2nd
Nippy Red
Redding Colliery–Running Debate
Breeder: J. Adcock
Owner: Patti Turner
Trainer: Patti Turner
Jockey: Jose Andres Guerrero

3rd
In the Navy
Midshipman–Southern Princess
Breeder: Ken Standlee
Owner: Ken Standlee
Trainer: Scott Gelner
Jockey: Alexander Castillo

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Saltee Stark Earns First Stakes Victory in Louisiana Cup Sprint

Louisiana  Cup Sprint
Louisiana Downs, 9-19-20, 6 furlongs
3YO and Up, Accredited Louisiana Breds, $50,000

Saltee Stark edges the competition to win the Louisiana Cup Sprint. Hodges photo

SALTEE STARK
Calibrachoa–Daisy for Rubiano
Breeder: Moon Lake Equine Center LLC
Owner: John S. Turner
Trainer: Joe O. Duhon
Jockey: Joel Dominguez

2nd
Bertie’s Galaxy
Greeley’s Galaxy–Wild Bertie
Breeder: Margie Averett
Owner: Allen Cassedy
Trainer: Ron Faucheux
Jockey: E. M. Murray

3rd
Monte Man
Custom for Carlos–Sarah’s My Angel
Breeder: Val C. Murrell
Owner: Ivery Sisters Racing
Trainer: Ron Faucheux
Jockey: Gerard Melancon

 

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Chu Chu’s Legacy Proves Best in Louisiana Cup Juvenile

Louisiana Cup Juvenile
Louisiana Downs, 9-19-20, 6 furlongs
2YO Accredited Louisiana Breds, $50,000

Chu Chu’s Legacy wins the Louisiana Cup Juvenile. Hodges photo.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHU CHU’S LEGACY
Bind–Bond’s Babe
Breeder: J. Adcock & Hume Wornall
Owner: Allen Landry
Trainer: Allen Landry
Jockey: Timothy Thornton

2nd
Janets Jay Jay
Orthodox–Just Call Me Janet
Breeder: Bentley T Early
Owner: William Dees
Trainer: William Dees
Jockey: Luis Batista

3rd
Creole Charlie
My Pal Charlie–Cajun Yankee
Breeder: Horseplayers Racing LLC
Owner: Horseplayers Racing LLC
Trainer: Justin Jeansonne
Jockey: Pedro L. Cotto, Jr.

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Mirabeau Adds Louisiana Cup Juvenile Fillies Stakes

Louisiana Cup Juvenile Fillies
Louisiana Downs, 9-19-20, 6 furlongs
2YO Accredited Louisiana Bred Fillies, $50,000

Mirabeau with jockey Diego Saenz aboard winning the Louisiana Cup Juvenile Fillies. Hodges Photo

MIRABEAU
Bind–Smittystown
Breeder: J. Adcock & Nathan C Granger
Owner: Larry Romero and Ron Faucheux
Trainer: Ron Faucheux
Jockey: Diego Saenz

2nd
Rue Lala
Star Guitar–Miss Addison
Breeder: Brittlyn, Inc.
Owner: Corinne and L. William Heiligbrodt and Spendthrift Farm LLC
Trainer: Steven M. Asmussen
Jockey: Joel Dominguez

3rd
Tecate Time
Karakontie (JPN)–Urge to Splurge
Breeder: Carrol J. Castille
Owner: Whispering Oaks Farm LLC
Trainer: Steven B. Flint
Jockey: Jansen Melancon

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Snowball Captures the Louisiana Cup Filly and Mare Sprint

Louisiana Cup Filly and Mare Sprint
Louisiana Downs, 9-19-20, 6 furlongs
3YO and Up, Accredited Louisiana Bred, Fillies and Mares, $50,000

Snowball emerges from the pack to take the Louisiana Cup Filly and Mare Sprint. Hodges Photo

SNOWBALL
Apriority–Inner Peace
Breeder: 4M Ranch
Owner: Tin Roof Farms LLC
Trainer: Samuel Breaux
Jockey: Diego Saenz

2nd
Play Unified
Exchange Rate–Carson City Sham
Breeder: Keith Hernandez, Earl Hernandez & John Duvieilh
Owner: Ivery Sisters Racing, Larry J. Romero, Dorby Racing, LLC and Winalot Racing, LLC
Trainer: Ron Faucheux
Jockey: E. M. Murray

3rd
Our Lost Love
Half Ours–Lost Love Baby
Breeder: Tri-Star Racing LLC
Owner: Tri-Star Racing, LLC
Trainer: Joseph M. Foster
Jockey: Carlos Lozada

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Defending Champion Is Too Wins Louisiana Cup Distaff

Is Too wins the Louisiana Cup Distaff

 

 

 

 

 

 

 

 

 

 

 

Louisiana Cup Distaff
Louisiana Downs, 9-19-20, 8.5 furlongs, turf
3YO and Up, Accredited Louisiana Bred Fillies and Mares, $50,000

IS TOO
Midshipman–Tensas Salt
Breeder: J. Adcock & Montgomery Equine Center
Owner: Baronne Farms, LLC
Trainer: Edward J. Johnston
Jockey: Diego Saenz

2nd
Mariah’s Galaxy
Greeley’s Galaxy–Black Mariah
Breeder: Margie Averett
Owner: Riley Blanchet and Todd Matte
Trainer: Victor Arceneaux
Jockey: Kevin J. Smith

3rd
Room to Finish
Giant Oak–Can’t Roll a Seven
Breeder: Mike Meeks
Owner: West Point Thoroughbreds, Forge Ahead Stables, LLC and Jerry Caroom
Trainer: Wayne M. Catalano
Jockey: Gerardo Mora

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Asmussen Second Thoroughbred Trainer to Win 9,000 Races

Hall of Fame conditioner accomplished milestone Sept. 18 at Remington.

Trainer Steve Asmussen became only the second trainer in Thoroughbred racing history to win for the 9,000th time in his career, bringing home Troy Ounce in Race 2 Sept. 18 at Remington Park.

He needs 446 more victories to become the all-time winningest trainer in North American Thoroughbred history. The current leader is Dale Baird, who went to the winner’s circle 9,445 times in his career.

Read BloodHorse Article

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