Consignors & Commercial Breeders Association Membership Newsletter Summer 2010 Inside this issue:

“Spotlight On” Veterinary Issues: VINDICATION 1—2 CBA Distributes New “Plain & Simple” Booklet 1 Update: Party In The Paddock 2 New CBA Website 2 Stallion Service Certificates In Bankruptcy Cases 3 Spotlight On Membership: HART FARM 3 Preferred Provider Program Update 4

Educational “Spotlight On” Veterinary Issues Another Success Story: VINDICATION by Frank Mitchell In evaluating a young prospect soning abound, he noted, and for racing, most buyers, train- “Vindication was the best one. ers, and veterinarians try to Every vet on the grounds at the strike a balance between the Saratoga sale [where Vindica- type of athletic prospect that tion was a star attraction at the really catches their eye and Fasig-Tipton select yearling any veterinary concerns re- sale] turned him down for lated to the young horse. something in his ankle. I was going to buy him with James Trainer is one who McIngvale, and Padua got into tries not to rely on the vet a bidding war with us and got report as a means of selection. the horse.” In an interview for the CBA a couple of years ago, Baffert Indeed, with all the buzz about said, “I look for a natural ath- Vindication on the sales lete, and that’s what I want to grounds, too much of it was buy. Horses fail the vet for lots negative, but the Baffert camp of reasons, but most of them and Satish Sanan’s Padua that we “have our own vet that Welcome New Members don’t have problems at the Stable group were not deterred. we trust a great deal. We sit track because of that.” Candyland Farm In recalling the process that led down and discuss issues col- Cara Bloodstock Examples to back up his rea- to his purchase, Sanan said lectively. Vindication (cont. P2) Tanya Boulmetis December Farm Frankfort Park Farm CBA Distributes New Booklet in “Plain And Simple” Series: Glen Oak Farm “Vetwork — Plain And Simple: Glossary of Veterinary Terms” by Joe Seitz Green Hills Farm John Harroff, D.V.M. With education always one of the names of graded stakes Aaron & Marie Jones the CBA’s primary focal points, winners listed with the terms MaryEllen Kennedy the “Plain And Simple” booklet that described veterinary find- Lanark Farm series has been expanded this ings those top performers had Ignacio Leon, D.V. M. summer with the addition of a on their radiographic reports as Ben McElroy helpful reference booklet for foals or yearlings. From com- George Saufley the entire industry titled “Vet mon terms, such as “OCD,” to Shannon Bloodstock Mark Stanley Work – Plain and Simple: less common terms as Starlight Stable Glossary of Veterinary Terms.” “Exostosis,” each term is de- Stoneleigh Farm Compiled with the help of fined in plain English to help Sybon Racing renowned industry veterinari- clarify vet reports for buyers, Nancy Terhune ans, as well as leading con- sellers, consignors, and blood- Northwest Farms LLC signors and breeders, this stock agents. Franklin Smith comprehensive glossary of Tahoma Stud terms helps translate the sci- In addition to terminology the Omar Trevino entific language of veterinary new booklet includes anatomi- Troy Farm reports into terms any horse- cal guides of equine skeletons, Town & Country Farm front and hind leg anatomy, man can understand and will tee that this guide will be Two Sisters Farm foot anatomy, and directional appreciate. James Weigel descriptions (abaxial, dorsal, neatly tucked inside every Enhancing the basic terminol- lateral, medial, etc.). It is the sale catalogue in the sale ogy entries, readers will find hope of the Education Commit- pavilion. Page 2

Educational “Spotlight On” Veterinary Issues Another Success Story: VINDICATION (CONTINUED)

was a great exam- He said, “The problem, of miss some awfully good horses. courage if we hadn’t had so ple of this. He had course, was the vet report. It Some of those things clear up, much confidence in our vet. We some little things wasn’t perfect. That’s what go away, and others can be have a long association with Dr. going on with his everybody wants, and most of treated or cleaned up.” Bloomer, he works for us on all ankles, and some vets the time you get the report but of our horses, and we look to were negative about not the individual. This time we Just imagine what would have him to give us the honest as- him. But our team thought had the individual but not a happened if Sanan had not sessment of the probabilities liked the colt and persevered in he was a really nice prospect perfect report.” that a horse can be an athlete. without any serious problems. bidding on him! He would have Without him, I’m not sure what We went ahead and bought him, The near-black son of Seattle kissed away an , decision we would have made. and he went on to be a Breed- Slew and Strawberry Reason, a Breeders’ Cup success, and After seeing Vindication at the ers’ Cup champion.” by , had sev- millions in stable earnings. farms and at the sales, all Sat- eral minor irregularities that All because, Hill said, ish needed to know was our In addition, Vindication was an were noted on the vet reports. “Vindication was a horse that vet’s judgment on the colt.” unbeaten 2-year-old who was He had lucencies and flattening most people were discounting. selected as the Eclipse Award in both front ankles; he had And Bob Baffert, who had ad- After we bought him, a number winner as the top juvenile colt spurs in both hocks; and he mired Vindication so much on of trainers and agents informed of 2002, and then over the had a flattening and “mild de- the sales grounds and had us that it was the dumbest winter, the grand-looking son of fect” in his right stifle. encouraged his client to bid move and biggest waste of Triple Crown winner Seattle more than $2 million for the So Vindication was good for Slew was syndicated for stud money they’d ever seen.” colt, watched him pass out of nothing, right? with a gross valuation just a But Sanan and his advisers had the ring for another bidder. couple bucks short of umpteen Well, it depends on who reads done their homework and knew But all was not lost. When million dollars. the radiographs and how they what to do for the colt. Hill said, Sanan came to choose a interpret the findings to the “We started him on a 90-day That was a tremendous result trainer for his prize colt, he program of treatment, did fol- because Sanan hadn’t pur- prospective buyer and advisers. chose Baffert, who trained low-up radiographs, then broke chased the colt off the bargain In a conversation a couple of Vindication to an unbeaten Summer 2010 him, put him into training, and rack. Instead, he paid years ago with Bruce Hill, then championship season. $2,150,000 for Vindication out everything went perfectly. farm manager for Sanan’s Pa- You could tell the trainer really of the Taylor Made Farm con- dua Farm in Ocala, Hill said that “There was nothing the matter loved the irony in the way the signment. the “worst thing about OCDs with that horse that kept him story worked out when he said from the buyer’s perspective is from being a champion athlete. Mark Taylor recalled the work the “really good ones are hard that if you turn back a horse Now to be fully honest, we required to sell Vindication at to come by.” because of an OCD, you can might not have had as much Saratoga.

News From NEWNEW CBACBA WEBSITEWEBSITE LAUNCHEDLAUNCHED

Join CBA Members for a If you have not visited the CBA Party in the Paddock website recently, you should (Hosted by Keeneland, CBA, KTOB) take a moment of your day to visit www.consignorsandbreeders.com . Wednesday, September 15 The website was newly designed this spring and launched in May. Location: Paddock Time: 6:30 p.m. – 8:30 p.m. Because the CBA is dedicated to (Immediately following the sale) working for members each and every day you will find updates Cocktails and casual atmosphere posted with regularity. In addi- are being offered in the Keeneland tion to news regarding legislative actions, you will find CBA paddock immediately following the poll results, a list of CBA Preferred Providers, as well as a Wednesday evening sale ses- membership list with links to member websites. The site sion. Attendees will enjoy open bars, redesigned around a subtle and warm color scheme ac- live music and passed hors d’oeu- cented by the illustration artwork of Chris Ware giving it a vres. light and pleasant atmosphere.

Contact Beth Smith for more information: Please visit the website and don’t forget to “friend” the CBA on Facebook.Facebook [email protected]

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Stonewall Farm-Related Bankruptcy Cases Raise Questions Related to Stallion Service Certificates

In this Spring’s newsletter, there States Bankruptcy Code on July By Bill Hoskins & Mary Beth Naumann was a brief article examining the 20, 2010. Among other things, Court to allow it to compel the Debtors have filed a case role that stallion service certifi- these Debtor entities owned Debtors to turn over the stallion against Fifth Third asking the cates have in ensuring that stal- (either in whole or in part) the service certificates to the Re- Bankruptcy Court to determine lion owners are paid for the stud stallions ceiver so that the mares and that Fifth Third does not have a fees owed to them. This article LEROIDESANIMAUX, LAWYER foals at issue in the Fayette lien on any sales proceeds that noted certain state court prece- RON, and A.P. WARRIOR. Prior Circuit Court action could be represent the stallion service dents that stallion to the bankruptcy, Fifth Third sold at the upcoming Keeneland fees or that any lien Fifth Third owners have relied upon for Bank had sued a number of sales. In its filing, Fifth Third holds is inferior to the stallion quite some time. Since that other (non-Debtor) Stonewall stated, among other things, that owners’ interests. Thus, unless decision, it does not appear that Farm-related entities 2 in Fayette “The Stallion Service Certificates the parties reach an out-of-court any other Kentucky courts have County Circuit Court to collect have no economic value to the agreement, it appears that the addressed the issue of the amounts owed to Fifth Third and Debtors.” The Debtors opposed battle is still to come on this status and nature of stallion to sell the equine collateral that Fifth Third’s efforts noting that issue and the determination service certificates and stud fee secured those obligations. A they asserted possessory and could have an effect on all liens. Recently, however, events Receiver (Bluewater Sales, LLC) statutory liens for the unpaid breeders and consignors, not in the course of the bankruptcy was appointed in the Fayette stallion service fees and that just those involved in the Stone- filed by certain companies re- Circuit Court action to adminis- those amounts should be paid wall case. lated to Stonewall Farm may ter the equine collateral. Among before Fifth Third received any 2010 Summer have teed this issue up for con- the equine collateral at issue money from the sales proceeds. We will continue to monitor this sideration by the Federal Bank- were mares in foal to and foals situation for the CBA and will ruptcy Court. sired by the Bankruptcy Debtors’ Fifth Third and the Debtors were report back in the next CBA stallions. able to resolve the issue by newsletter. If anyone has any As reported in the local news, agreeing to escrow the stud fees questions, please call or have several Stonewall Farm-related Soon after the bankruptcy case until the issue of who gets paid your attorney call us at 859-255- entities 1 filed for protection un- was filed, on July 29 th , Fifth first – the Bank or the stallion 9500. der Chapter 11 of the United Third asked the Bankruptcy owner – is determined. The

1 The entities who filed are: Stone*Wall Farm Stallions I, LLC; Stone*Wall Farm Stallions VII, LLC; Stone*Wall Farm Stallions Racing Division I, LLC; Hotcopri, LLC, and Malandrin, LLC.

2 The entities sued by Fifth Third Bank are: NeverTell Farm Kentucky IV, LLC; Stone*Wall Farm Stallions 53, LLC; Stone*Wall Farm, LLC; Stone*Wall Farm Stallions 53, Inc.; NeverTell Farm Kentucky I, LLC; Pondering, LLC; Jostle, LLC; Nonsuchbay, LLC; NeverTell Racing, LLC; Miss Nashwan, LLC; Cat Alert, LLC; Kyco, LLC; Spirited Maiden, LLC; and Palm Beach I, LLC. Membership “Spotlight On” Hart Farm Dr. “Pug” Hart and Susie Hart After graduating from Texas hunters and champions, board of the Virginia A&M, Dr. E.C. “Pug” Hart moved jumpers and plus numerous HBPA. Pug is a member to Florida, where he worked at made the tran- sales toppers of the AAEP, an active Miami tracks until he and his sition to race- and stakes director of the VTA, and has wife Susie purchased Hart Farm horses as a winners. served a four-year stint on the in Ocala. Pug and Susie devel- young woman. The Hart’s suc- Grayson-Jockey Club Research oped Hart Farm into one of the In 1986 she committee. larger training and breeding set a world cess hit head- centers in the area. While prac- record for a lines after pur- In addition to breeding and rais- ticing in Ocala, Pug had the op- pinhooked two-year-old with a chasing Eclipse champion Vic- ing horses on their farm, Pug portunity to work on some of the Danzig colt that she sold at the tory Gallop as a yearling at and Susie are active at the sales, great racehorses of our times, Fasig-Tipton Calder sale. Keeneland. After racing Victory advising clients while Pug con- including Mr. Prospector and Gallop for a portion of his two- tinues his vet work. Susie and In 1998, Pug and Susie sold Slew o' Gold. The farm grew to year-old year, the Harts sold him Pug are both avid riders and still the point that there were often their Florida facility and em- to Prestonwood Stable. More foxhunt whenever time allows, in excess of 300 horses in resi- barked on a new venture in success followed the Harts who yet the farm is a busy place be- dence. Clientele included such Virginia. They developed a raw later developed and managed tween foaling, layups, sales prep, well-known names as Mace and piece of land into a state of the the racing career of yet another and a swim facility. There isn’t Samantha Siegel, Will Farish, art equestrian facility where Eclipse champion - Maria’s Mon much spare time for hobbies; Morton Rosenthal, and Cal Par- they continue to be active in - and more than 100 other maybe that’s why the Harts' every facet of the business. The tee. stakes winners for themselves motto is that their vocation and farm has already produced two or their clients. Susie is on the Susie Hart started out showing Virginia-bred two- year-old avocation are one and the same.

To be featured in a future “Spotlight On” piece simply email Beth at [email protected] Page 4

Board Of Directors Preferred Provider Program Update Craig Bandoroff Denali Stud [email protected] The CBA added some exciting preferred providers during the Kerry Cauthen Four Star Sales summer. In addition to our current roster of providers, CBA [email protected] members will now receive the following discounts from these new Mike Cline Lane’s End Farm Preferred Providers: [email protected]

Pat Costello Paramount Sales AMERICLIC [email protected] Discount: 20% Off Retail Services Including Document Neil Howard Gainesway Farm Translation, Telephonic Interpretation, On-Site Interpretation [email protected]

Marc McLean Crestwood Farm BROOK LEDGE HORSE TRANSPORTATION [email protected] Discount: 10% Off Retail of All Local Hauling During Frank Mitchell The Croft [email protected] Keeneland and Fasig-Tipton Sales

Martha Jane Mulholland Mulholland SpringsFarm [email protected] CHARLES T. CREECH, INC. 2010 Summer

Dermot Ryan Ashford Stud Discount: 5% Off Retail Price for Hay and Straw picked up [email protected] at the Thoroughbred Center Location

Joe Seitz Brookdale Farm [email protected] RACING TRIPS WORLDWIDE

John Stuart Bluegrass T’bred Svcs. Discount: 5% Off All Trips [email protected]

Mark Taylor Taylor Made Farm WINCHESTER FEED [email protected] Discount: 20% Off Retail For Feed Supplements, Select Rob Whiteley Liberation Farm Tack Supplies, and More [email protected] (Deeper Discount offered for CBA Members who become Feed Customers)

The CBA works democratically on behalf of every consignor and commer- cial breeder, large and small, to provide representation and a constructive, unified voice related to sales issues, policies, and procedures. The Asso- ciation's initiatives are designed to encourage a fair and expanding market- place for all who breed, buy or sell .

Email: [email protected] Website: www.consignorsandbreeders.com

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