1 No.

149317)
J. Christopher Jaczko @ar
j aczko@procopio.com
E-mail chris
:

2 Jacob K. Poorman (BarNo. 262261)

E-mail : j acob.poorman@procopio.com
3 PROCOPIO, CORY, HARGREAVES &
SAVITCH LLP
4 12544 High B1uff Drive, Suite 400
SanDiego, CA9[3A
5 Telephone: 858.720.6300
Facsimile: 619.23 5.0398
6
Attorney for Defendant
7 DsI, MAR THOROUGHBRED CLUB

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF SAN DIEGO

10

11 JERRY HOLLENDOPJER ANd CALIFORNIA Case No. 3'1 -2019 -0003 6284-CU-BC-CTL
THOROUGHBRED TRAINERS,
t2 DECLARATION OF JOSII
Plaintiffs, RUBINSTEIN IN SUPPORT OF DEL
L3 MAR THOROUGHBRED CLUB'S
v OPPOSITION TO EX PARTE
t4 APPLICATION FOR TEMPORARY
DEL MAR THOROUGHBRED CLlUB,22nd RESTRAINING ORDER AND ORDER
15 AGRICULTURAL DISTRICT ASSOCIATION, TO SHOW CAUSE
and DOES 1 through 10, inclusive.,
16 Date: July 18,2019
Defendants Time: 8:30 a.m.
17 Dept: c-6s
Judge: Ronald F. Frazier
18
Complaint Filed: July 15,2019
t9 Trial Date: None Set

20

2l I, JOSH RUBINSTEIN, declare:

22 1. I am the president and chief operating officer of Defendant Del Mar Thoroughbred

23
Club ("DMTC"). The following inforrnation is based on my own personal knowledge and
24
infonnatioq and if called upon to testifu, I could and would testifu competently thereto.
25
2. DMTC is a private, California corporation. DMTC operates Thoroughbred horse
26
racing at the Del Mar Fairgrounds & Racetrack in Del Mar, California, We operate a race meet
27

28
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 1 during the summer and another, shorter one during the fall. This year's srmrmer race meet consists

2 of seven weeks beginning on Wednesday, July 17 th and runs through Monday, Septernber 2nd.
3
3. The Del Mar Fairgrounds and Race Track are owned by the State of Califomia and
4
administered by the 22nd District Agricultural Association ("Disticf'). DMTC has a contract with
5
the District pursuant to which DMTC operates the Del Mar Race Meets. The Disfict does not fund
6

7
DMTC in any way and is not involved in the operations of DMTC, except insofar as it essentially

8 acts as our landlord and funds improvernents to the Fairgrounds & Racetrack property, which are

9 also used for other events not related to racing and having nothing whatsoever to do with DMTC.

10
Examples are auto shows, the KABOO music festival and the San Diego Fair, among other events.
11
4. Thoroughbred horse racing in California is conducted at a number of race tracks
t2
throughout the state on essentially a year-round basis, and racing is separated into two zones;
13
namely, the Northern Zone and the Southern Zone. ln addition to Del Mar, the Southem Zone
T4

15 includes racingconducted at Santa Anita near Los Angeles and Los Alamitos in Orange County;

t6 whereas, in the Northern Zane, racing is conducted at Golden Gate Fields near Oakland, and at

17 California State Fairs in Pleasanton, Cal Expo, Santa Rosa, Femdale and Fresno.
18
5. The Del Mar race meet is considered one of the crown jewels of Thoroughbred
19
racing and, as a result of the success of operations, has become one of the leading racing and
9ur
20
entertainment venues in the western United States. As a result of DMTC's operations and stature
2l
in the indusfry, Del Mar was selected as the host venue for the 2017 Breeders' Cup World
22

23 Championships, which is considered the "Super Bowl" of horse racing and attracts champion

24 thoroughbred race horses from all over the world. The Championships were held at Del Mar in

25 Novenrber 2017, andit is estimated that the two-day event and weeklong run-up to the event
26
conkibuted nearly $100 million to the San Diego County economy, as well as other benefits. Del
27

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 1 Mar was recently selected to host the Breeders' Cup World Championships again in November

2 2021,.

3
6. Horse racing in Califomia is governed by the California Horse Racing Board
4
("CHRB"), an independent agency of the State of Califomia that has authority over the regulation
5
of horse racing in this State and the charter to ensure the integrity, viability and safety of the
6

Californiahorse racing industry. The CHRB, among other things, sets rules governing the industry
7

8 and those who participate in it. As an operator of a race meet, or a so-called "racing association,"

9 DMTC is required to obtain a license from the CHRB. So too are other people involved in racing
l0 in this State, such as owners and trainers of horses.
11
7. The Thoroughbred racing industry in Califomia and throughout the counffy has
t2
been facing considerable sriticism from animal rights activists for several yeaxs. This spring, the
13
public criticism ratchet-up due in large part to a spate of fatalities that occurred at the Santa Anita
t4
l5 race track near Los Angeles. During the period from December 26,2018 to Jwrc22,2019, Santa

t6 Anita suffered the loss of 30 horses ttrat died as a result of injuries sustained during racing or

t7 training. Nobody is sure about the cause of the fatal iqiuries, but there are a nurnber of theories
18
regarding factors such as the hack surface conditions, which were perhaps different this spring due
t9
to heavy rains, medication, training practices or preexisting injuries.
20
8. The situation at Santa Anita prompted Santa Anita and the industry to implement
2l
enhanced safety measures regarding medioation protocols, including prohibiting certain types of
22

23 medication that mask pain, restricting the use of riding crops, increased veterinarian inspections

24 and other types of measures in an attempt to ensure the safety of horses and riders. In addition, the

25 situation also prompted heated public debate regarding whether the horse racing industry should be
26
shut down and the involvement of the Governor's office, the state legislature, and calls from
27
3
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 1 Congress to investigate the situation at Santa Anita. Senator Feinstein wrote to DMTC noting that

2 "fs]tactics show that most horses who suffer a fatal injury while racing are found to have had a
J
preexisting condition that mayhavo contributed to theirbreakdown." Attached hereto as Exhibit
4
"1" is a true and correct copy of a June 18, 2019 letter from Senator Diane Feinstein to DMTC
5
dated June 18, 2019. Further, the situation at Santa Anita prompted the Los Angeles County
6

7
District Attomey's Office to announce that it opened a criminal investigation into the 30 fatalities

8 from Decernber26,2018 to June 22,2019 to deterrrine whether chmges would be warranted for

9 such things as training practices.

10
9. As noted above, during the six month period from late December to late June, Santa
11
Anita lost 30 horses. Of those, four horses were under the care and training of Mr. Hollendorfer.
t2
ln late June prior to Mr. Hollendorfer's fourth horse suffering a fatal injury during haining at Santa
l3
Anita, CNN ran a story focused in large part on Mr. Hollendorfer's record of medication violations,
t4
l5 including claims from an owner that Mr. Hollendorfer's ffaining practices led to ttre deaths of at

t6 least two horses. The CNN story featured Jim Cassidy, who is a renowned trainer and at the time,

17 the President of Plaintiff California Thoroughbred Trainers ('CTT') stating: "It doesn't surprise
18
me . . . Jerry does what he wants . . , he has tunnel vision." The CNN story aired on June 21. On
t9
June 22, the fourth horse trained by Mr. Hollendorfer lost its life at Santa Anita.
20
10. Santa Anita notified Mr. Hollendorfer that he was to vacate Santa Anita and was
2t
banned from racing there. He was also banned at Golden Gate Fields near Oakland, where Mr.
22

23 Holle'ndorfer had two horses lose their lives during the same period. Mr. Hollendorfer's two horses

24 were among a total of 9 fatalities at Golden Gate Fields during the six months from December to

25 June. His total of six horses out of 39 fatalities meant that horses under Mr. Hollendorfer's care and

26
haining accounted for ltYoof the fatalities.
27

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 I I 1. Santa Anita made a public announcement stating: "Individuals who do not embrace

2 the new rules and safety measures that put horse and rider safety above all else, will have no place
3
at any Stonach Group racetrack. We regret that Mr. Hollendorfer's record in recent months at
4
both Santa Anita and Golden Gate Fields has become increasingly challenging and does not match
5
the level of safety and accountability we demand. "
6

7
12. Santa Anita's action prompted Mr. Hollendorfer to move the Thoroughbreds he had

8 stabled at Santa Anita to barns located at Los Alamitos that were not part of stalls controlled by

9 funding from an industry gtroup known as the Southem Califomia Stabling & Vanning Committee

10
(the "Committee"), which is comprised of The Thoroughbred Owners of Califomia, DMTC, Santa
11
Anita and Los Alamitos. ln other words, the Committee was set up to fund the use of stalls at Los
t2
Alamitos for use as auxiliary stalls during the Santa Anita and Del Mar race meets due to the lack
13
of space sufEcient to accommodate all horses at their own facilities. Los Alarnitos has 850 stalls
t4
15 on its property that are funded by the Committee for such use and approximately another 700 that

16 are not. Los Alamitos has advised the Committee that Mr. Hollendorfor has his horses stabled at

17 stalls that are not funded by the Committee.

18
13. In addition to being banned by Santa Anita and Golden Gate Fields, in late June,
19
Mr. Hollendorfer was also banned from ffaining and e,ntering horses at racetracks operated by the
20
New York Racing Association OIYRA), including the legendary Saratoga Race Course, DMTC's
2l
main summertime competitor.
22

23 14. Last month, the Govemor's office signed into law a bill - SB 469 - that provides the

24 CHRB the authority to suspe,nd a race meet when it deems that it is necessary to protect the health

25 and safety of horses or riders. At the time he signed the legislation, Govemor Newsome stated:

26
'nBusiness as usual has resulted in too many horse deaths."
27

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 I 15. To participate as a tainer of horses at Del Mar a licensed trainer is required to

2 submit to DMTC a Stall Application, which forms an agreement between the applicant and DMTC.
3
Mr. Hollendorfer submitted a Stall Application for this summer's meet. A true and correct copy of
4
Mr. Hollendorfer's Stall Application is attached hereto as Exhibit "2."
5
16. DMTC considers ensuring safety to be our top priority and the need to take all
6
reasonable steps to ensure that our horses and riders are as safe as possible was made even clearer
7

8 as a rezult of the past six months, including the need to assure the public and others that we are

9 taking all reasonable precautions. Accordingly, in view of all these circumstances, I and members

10
of DMTC's executive team, including Joe Harper (chief executive officer) and Tom Robbins
11
@xecutive Vice President, Racing) met with Mr. Hollendorfer and his attorney, Mr. Couto, to
12
discuss the situation on June 28,2A19. At that meeting we informed Messrs. Hollendorfer and
13
Couto that DMTC would not be allocating stalls at Del Mar or at the Committee funded stalls at
t4
t5 I"os Alamitos to Mr. Hollendorfer nor permitting Mr. Hollendorfer to be the trainer of horses

t6 racing at Del Mar during our upcoming Summer Meet in view of all the circumstances described

17 above. Mr. Couto stated: "We get it Jerry's radioactive. lAe get it"
t8 t7. The daybefore ourmeeting with Mr. Hollendorfer and Mr. Couto, I had a telephone
l9
discussion with Alan BalctU who is the Executive Director of CTT. CTT is the recognized
20
organization for Califomia trainers. I discussed with Mr. Balch that under CHRB regulations, the
2l
fact that Mr. Hollendorfer was a trainer lice,nsed by the CHRB "does not confer any right to
22

23 participation in a race meoting or to be at the race hack and that DMTC has the right to deny access

24 for any reason deemed appropriate by us according to CHRB Rules 1485(c) and 1989(b). (See 4

25 Cal.Code.Regs. $$ 1485(c) and1989(b)). I turlher explained that our Stall Application, which
26
trainers submit in order to apply for stalls in conjunction with our race meet, provides that Del Mar
27
6
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 1 has the right to refuse to allocate stall space or to refuse entry of any horse in a race for any reason,

2 and that the language of the Stall Application was expressly incorporated into and made part of our
3
Race Meet Agreement with the CTT at Section VI and included in Exhibit A to that Agreement. I
4
understand that Plaintiffs have attached a copy of the Race Meet Agreement to their Complaint in
5
this action as Exhibit "A" [hereafter, the "Race Meet Agreemenf'].
6

7
18 Mr. Balch was upset. Accordingly, on June 28,2019, as we were walking in to our

8 meeting with NIr. Hollendorfer and Mr. Couto, Mr. Balch sent a letter to me advising me that he

9 was calling for "the immediate formation ofthe Horsemen-Management Committee contemplated

10
there and elsewhere in the Race Meet Agreement, to 'amicably and equitably resolve the matters
11
we are all facing with constemation, as they apply potentially to all horsemen applying to train and
t2
rape atDel Mar. . . ." A true and correct copy of Mr. Balch's letter is attached hereto as Exhibit
13
or3rr,
t4
15
19. Notably, Mr. Balch's demand that the Horsernen-Management Committee be

t6 formed and meet tracks precisely with the language contained in our Stall Application as well as

L7 Exhibit A to the Race Meet Agreement. Specifically, the Stall Application provides:
18
1. DMTC reserves the right without notice to
l9 the applicant (a) to refirse this application for stable space
in whole or in part, or O) to refuse the entry or the
20 acceptance of any entry in any race, or (c) to refuse the
trarrsfer of an entry for any cause. However, DMTC's
2t decision to exercise its rights under (a), (b), or (c) shall not
be made in an arbirary or capricious manner.
22
Additionally, in the event DMTC exercises its rights under
23 (a), (b), or (c) of this Section, CTT tnay askfor review of
the decision before the Horsernen/Management
24 Conmittee. Notwithstanding the foregoing, the /inal
decision shall be made by DMTC.
25
(Italics added). See Mr. Hollendorfer's Stall Application attached hereto as Exhibit "2".
26

27

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 1 20. On July 3,2019,I received a subsequent letter from Mr. Balch. This time, instead

2 of requesting the formation of the Horsemen-Management Committee as provided for in our Stall

3
Application and under Section VI of the Race Meet Agreement, Mr. Balch for the first time
4
accused Del Mar of discriminating against Mr. Hollendorfer based on some arbitrary and
5
o'The
capricious classification: CTT Board of Directors met today . . , and unanimously voted that
6

7
Mr. Hollendorfer's asserted claim -- that DMTC has discriminated against him in denying stalls

8 arbitrarily or capriciously for the upcoming meeting - appears to have merit." (Italics added).

9 Mr. Balch went on to claim that he wanted me to respond immediately as to the time and date for a

10
meeting o'given that arbitration as outlined per the Agreement is the next step if we are
11
unsuccessful in settling this matter." A true and correct copy of Mr. Balch's July 3, 2019 letter to
t2
me is attached hereto as Exhibit'04".
13

t4
21. Thus, contrary to his earlier statement that CTT was demanding a meeting of the

15 Horsemen-Management Committee to discuss DMTC's decision (and apparently in view of the

16 fact that our Stall Application and Section VI and Exhibit A of the Race Meet Agreement provided

t7 that any decision of Del Mar would be final), CTT suddenly was now claiming that DMTC was

18
discriminating against Mr. Hollendorfer in an effort to invoke the first paragraph of Section VI,
t9
which requires arbitration of any claims of discrimination if not resolved informally.
20
21. I responded to Mr. Balch's letter on July 5 and explained again for him the reasons
2L
that went into DMTC's decision to not allocate stalls to Mr. Hollendorfer and to refuse to permit
22

23 him to enter horses in races where he is the trainer. I also noted that there was no factual basis -
24 and none was asserted - to support a claim that DMTC had discriminated against him as provided

25 for in the provision of the Agreement CTT was relying upon. I also noted his previous request to
26
forrr and convene a meeting of the Horsemen-Managernent Committee to discuss our decision as
27
8
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 1 required under our Stall Application and Exhibit A to the Race meet Agreement. A true and

2 corroot copy of my July 5, 2019 email to Mr. Balch is attached hereto as Exhibit "5". We also
3
formally notified Mr. Hollendorfer of our decision. A true and correct copy of DMTC's July 5,
4
2019 letter to Mr. Hollendorfer is attached hereto as Exhibit "6"
5

6
22. The next day on SaturdaS July 6, 2019, while I was taveling on vacation for the

holiday weekend, I received word that Mr. Balch was claiming DMTC was not willing to meet
7

8 with CTT. Since this was not true, and in fact was contrary to my email from the day before

9 suggesting we convene the Horsemen-Management Committee to meet, I telephoned Mr. Balch

10
and agreed to meet informally on Monday, July 8.
11
23. Mr. Baloh subsequently sent a confirming email regarding the scheduling of our
T2
meeting and self-servingly attempted to claim that the meetrng would be for the purpose of having
13
the next step being proceeding to arbitration if the disctimination claim could not be resolved at the
t4
t5 meeting. When I returned to the office on Monday morning I sent an email to Mr. Balch again

t6 explaining that there had been no basis for a olaim that we were disctiminating against Mr.

t7 Hollendorfer on the basis of his membership in CTT or any other arbitrary classification of people
18
and that we were agreoing to meet but not under the pretense that CTT could invoke the arbitration
t9
provision (which only applies to discriminatory conduct claims). The meeting proceeded without
20
objection from CTT regarding this point, and included representatives from DMTC, represe,lrtatives
2t
from CTT, a representative from the Thoroughbred Owners of California ("TOC") and Mr.
22

23 Hollendorfer and his attomey Mr. Couto.

24 24. At the meeting Mr. Balch claimed Mr. Hollendorfer's discrimination claim'had

25 objective meri!" but refused to offer any factual basis to explain how C"IT felt Mr. Hollendorfer
26
had been discriminated against. Instead, he turned the discussion over to Mr. Hollendorfer's
27

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 1 attomey Mr. Couto. Mr. Cuoto offered no explanation of any disoiminatory conduct on the part

2 of DMTC, but rather discussed Mr. Hollendorfer's long career and success and his pasthistory of
3
no fatalities at Del Mar during the past two years. Mr. Couto also explained that Mr. Hollendorfer
4
had not been suspended by the CHRB and that DMTC should, instead of exercising its right to
5
refuse to permit Mr. Hollendorfer from participating in the Del Mar meet, should engage in a
6
publicity campaign to tout the'lositive storyof Mr. Hollendorfer." Mr. Couto also confirmed for
7

8 us that Mr. Hollendorfer has not sued Santa Anita, Golden Gate Fields or NYRA relating to his

9 bans at those ftacks.

10
25. Nothing we heard in our discussion changed our mind that under all the
11
circumstances the decision to not invite Mr. Hollendorfer to participate in the Summer Meet was
t2
the right and justified business decision in the interests of Del Mar.
13

t4
26. Our decision was not made arbitrarily or capriciously, which is the standard set forth

15
in our Stall Application and incorporated into the CTT Race Meet Agreement (see Exhibit A

L6 ttrereto). Rather, it was made after carefully considering and weighing all the circumstances,

t7 including Mr. Hollendorfer's record, and discussed in good faith with Mr. Hollendorfer, his
t8
attomey, CTT representatives and TOC representatives. DMTC made the good faith decision that
19
it feels is in the best interests of Del Mar.
20
27 . At no time in our decision making process has the District been involved in our
2l
decision, Nor does the Disfict derive any benefit from our decision regarding Mr. Hollendorfer.
22

23 28. CTT rece,ntly se,lrt a letter to the CHRB claiming that DMTC has violated the Race

24 Meet Agreement by refusing to arbihate the issue of whether DMTC has discriminated against Mr.

25 Hollendorfer. Attached hereto is a copy of my email to the CHRB in response, in which I attached
26
a letter from our counsel, Chris Jaczko, to CTT's counsel, Darrell Vienna, explaining whythe
27
10
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 I agreement to arbitrate relates solely to claims of discrimination relating to the allocation of stalls

2 and does not apply here since there has been no factual claim of discriminatory conduct by DMTC
3
in the decision to not gpant Mr. Hollendorfer's Stall Application. I sent an email to the CHRB and
4
included correqpondence from our counsel to CTT's counsel explaining our position. A true and
5
correct copy of my ernail and attached letter is attached hereto as Exhibit "7." I understand that
6
the CHRB has acknowledged receipt of the complaint, but has not made any determination about
7

8 the merits of the claim at this point. There is a risk of inconsistent rulings in the event this Court

9 decides differently from CHRB.

10
29. I understand that Mr. Hollendorfer seeks a court order regarding the stalls he is
11
occupfng at Los Alamitos. I believe there is a misunderstanding on Mr. Hollendorfer's part.
t2
DMTC has not taken any action nor directed anyone to have Mr. Hollendorfer vacate stalls that he
13
is occupying at Los Alamitos. We have, however, been informed that Los Alamitos has confirmed
1,4

l5 to the Stabling & Vanning Committee that Mr. Hollendorfer is not occupying any of the 850 stalls

t6 at Los Alamitos that are funded by the Stabling & Vanning Committee. Mr. Hollendorfor is

t7 entitled to lease stall space from Los Alamitos and occupy stalls there so long as they are not

18
funded by the Stabling & Vanning Committee, and DMTC neither has interfered, nor has any
t9
intention of interfering, with that arrangement between he and Los Alamitos.
20
30. Finally, I understand that plaintiffs have asserted Section V of the Race Meet
2t
Agreement claiming that any decision regarding stalls at Del Mar requires DMTC to obtain CTT's
22

23 prior approval. That is not correct. Notwithstanding plaintiffs' litigation-inspired argument, that

24 provision was never intended to be applied to circumstances where DMTC does not allocate stalls

25 to a hainer, which due to the limited stalls we have available at the Fairgrounds & Racetrack
26
property and auxiliary sites (such as, for example, Los Alamitos), we are forced to do each year.
27
11
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 I Instead, the provision was intended to relate to things that occur during the race meet and our

2 execution on rules that may be implernented. For example, in the current circumstances, we have
3
proposed new rules requiring advance notice before a horse works, hains or races and inspections
4
by veterinarians. Pursuant to Section V, we need CTT's agreement as a condition prior to
5
enacting these rules and taking action against anyono for violating them once in place. Things that
6
occur during the meet at our stalls are not what is involved here in these oircumstances.
7

8 I declare under penalty of perjury under the laws of the State of Califomia that the

9 foregoing is ffue and correct and that this Declaration was executed lTthday of July

10
2019 afDel Mar, California
11

L2

ir Josh Rubinstein

t4
15

t6
t7
18

t9
20

2t
22

23

24

25

26

27

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E,XHIBIT 1
DIANI.]E FEINSTEIN i:iif,li!'ll j r:L ir'.1 il-lr .)'...trilll/\lir
CAt: FCi\ ]A - ni\i!iiil!6 L4ilvi tsE'i
St'l F{:l (--(l[,1[]llTTrF or!
II]II]LL]GtNCI
0r)lilflii Tl tL O \ ,iP{'t"lOPiiiAl Il.l.JS
Hnitcd Statcs Scnatr .clf,l\i]TTFF t) \ IiIr.F.'i Al.i0
ri/ASHlliGT,f l',1. DC 20513 0504 ..ia'i\,tilJlsTlAl( rll

h.ii1'r: f ir i trs!ei n.serliltu. {lo,j

June 18,2019

Joe Harper
CEO
Del Mar Thoroughbred Club
P.O. Box 700
Del Mar, CA 92014

Dear Mr. Harper,

I write to call your attention to a recent agreement between Governor

Newsom and The Stronach Group to establish an additional safbty review betbre
horses are allowed to compete at Santa Anita Park. I ask that you work with the
Governor to extend this common sense protocol to Del Mar Race Track for the
2019 season.

The 29 fatalities experienced at Santa Anita this year have brought into
lbcus the danger horses face when cornpeting at a high level. Statistics show that
most horses who suffer a f-atal injury rvhile racing are tbund to have had a
preexisting condition that may have contributed to their breakdown. We should
pursue any reasonable measures to detect those preexisting conditions and prevent
horses from racing when they are at-risk of catastrophic injury.

Establishing an extra layer of revielv to examine each horse's medical

records and racing history is a prudent step to ensure racehorse satety. I encourage
you to work with Governor Newsom to implement this procedure at Del Mar Race
Track.

Sincerely,

Dianne Feinstein
United State Senator

DF/pm/jp

FBESNO OFFII]E: LOS ,ritJG[L[S 0f FICE: SAfu l.)lEG0 t)FflCt: SAN FR.rrN(llSCLr OFFItE
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EXHIBIT 2
EXHIBIT 3
 June 28, 2019

PRESIDENT
Mr. Josh Rubinstein, President
JAI\4ES M. CASSIDY Del Mar Thoroughbred Club, lnc.
NO CAL VICE PRESIDENT
PO Box 700
DelMar, CA 91014
TIM BELLASIS

SO CAL VICE PRESIOENT Dear Mr. Rubinstein

RAY BELL
As you know, in our brief discussion of the serious issues facing the sport here in California, I
TREASURER
called to your attention several sections of the current Race Meet Agreement between
TII\4 YAKTEEN California Thoroughbred Trainers [cTT] and Del Mar Thoroughbred Club IDIMTC].
SECRETARY
Under the circumstances, I felt I should confirm those in writing: they are Sections V, Vl, XX,
ANGIE CARI\4ONA
and Exhibit A, Paragraph 1.
BOARD OF DIRECTORS
We call your attention particularly to Section XX, Mutuality. As you will see, we each pledge
RENE AIvIESCUA in the interest of continuance, maintenance, and improvement of racing in California -- thal any
-
RAY BELL
TIM BELLASIS important differences of opinion among us, "or any other matter" pertaining to racing in which
JAMES IVI. CASSIDY both of us are interested, should be settled "without undue publicity" and according to',high
GLORIA HALEY
EOIN HARTY standards of fairness, inclusion, communication, and honesty."
SEAN MCCARTHY
EDDIE TRUMAN
TIM YAKTEEN We therefore call for the immediate formation of the Horsemen-Management Committee
contemplated there and elsewhere in the Race Meet Agreement, to "amicably and equitably"
IN MEMORIAM resolve the matters we are all facing with consternation, as they apply potentially to all
horsemen applying to train and race at Del [\Iar, in this meeting and future seasons.
NOBLE THREEWITT
President & Director
You mentioned to me that for any professional trainer, racing and training at Del Mar "is a
EXECUTIVE STAFF
privilege, not a right." I would assert in response that operating a race meeting is itself also a
privilege, not a right, in that each racing association holds a license issued by the State of
ALAN F. BALCH
Executive Director California, and that we are all governed by the Constitution of the United States. Racing is the
only professional sport in which the players are independent of the "team owner" and we
BILL PATTERSON -
each need the other. As recognized by the mutuality provisions in our Race Meet Agreement,
No California Manager
the backstretch community as well as the management are both entitled to the most serious
ANGIE CARMONA
Deputy 0irector mutual respect and consideration, and we request your response at your earliest convenience.

Thank you for your consideration,

SO. CALIFORNIA. MAIN OFFICE
santa Anita Park
285 W. Huntington Drlve On behalf of the Board of Directors,
Arcadia, CA 91007
P.O. Box 660039
Arcadia. CA 91066-0039
{626) 447-214s loffice)
(626) 44&0270 (Fax)
E-lvlail: info@caltrainers.org

NO. CALIFORNIA. FIELD OFFICE Alan F. Balch

Golden Gate Fields
1100 Eastshore Highway Executive Director
Berkeley, CA 94710
P.0. Box 6027
Berkeley, CA 94706 AB:ac
(510) 524-3081 (office)
(510) 524-5280 (Fax)
E-Mail: nocactt@aol.com copy: Directors, California Thoroughbred Trainers
www.cattrainers.org

AB CTT Otu HMC_062819

E,XHIBIT 4
 July 3, 2019
PRESIDENT

JAIV1ES M. CASSIDY

NO CAL VICE PRESIDENT

TIM BELLASIS Mr. Josh Rubinstein, President

Del I\Iar Thoroughbred Club, lnc.
SO CAL VICE PRESIDENT
PO Box 700
RAY BELL
Del Mar, CA 91014
TREASURER

TIM YAKTEEN
Dear Mr. Rubinstein

SECRETARY
Jerry Hollendorfer, a member of California Thoroughbred Trainers [CTT], has requested
ANGIE CARIVONA intercession on his behalf by the CTT pursuant to Section Vl of the 2019 Del Mar
Thoroughbred Club [DMTC] Race Meet Agreement, Stall Assignments.
BOARD OF DIRECTORS

The CTT Board of Directors met today, with all Directors in attendance, and unanimously voted
that tr/r. Hollendorfer's asserted claim * that Dtt/TC has discriminated against him in denying
RENE AMESCUA
RAY BELL
TIIV BELLASIS
CASSIDY
stalls arbitrarily and/or capriciously for the upcoming meeting - appears to have merit.
JAMES IVI.
GLORIA HALEY
EOIN HARTY
SEAN MCCARTHY
Accordingly, CTT and Mr. Hollendorfer seek to present the merits of his grievance to DMTC
EDDIE TRUMAN urgently, at the earliest possible opportunity, given that so little time is now available before the
TII\,4 YAKTEEN
commencement of training and racing at Del [t/ar, in order that the apparent dispute be settled
expeditiously. The language in the Race Meet Agreement supports immediacy, if not requires
IN MEMORIAM
it, in proceedings related to StallAssignments.
NOBLE THREEWITT
President & Director
Please respond immediately as to the time and date for a meeting to resolve this issue, given
that arbitration as outlined per the Agreement is the next step if we are unsuccessful in settling
EXECUTIVE STAFF the matter at this time.
ALAN F. BALCH
Executive Director
Thank you for your attention
BILL PATTERSON
No California Manager On behalf of the Board of Directors,
ANGIE CARI\4ONA
Deputy Director

SO. CALIFORNIA - MAIN OFFICE

Santa Anila Park
285 W. Huntinglon Drive
Alan F. Balch
Arcadia, CA 91007 Executive Director
P.O. Box 660039
Arcadia. CA 91066-0039
(6261 447-2145 @ffice)
(626) 446-0270 {Fax) AB:ac
E-Mail: info@caltrainers.org

NO. CALIFORNIA. FIELD OFFICE

copy: Directors, California Thoroughbred Trainers
Golden Gate Fields Drew J. Couto, Esq.
1100 Eastshore Highway
Berkeley, CA 9471"0
P.O. Box 6027
Berkeley, CA 94706
(510) 524-3081 (office)
(510) 524-5280 (Fax)
E-Mail: nocactt@aol.com

rilww.caltralners.orE
AB D[rAgmtsectionvlHollendorfer0T03l 9
EXHIBIT 5
Jaczko, Chris

From: Josh Rubinstein <Josh@dmtc.com >

Sent: Friday, July 05, 20L9 L:27 PM

To: Alan Balch
Cc: Drew Couto; Tom Robbins; Jaczko, Chris
Subject: Re: CONFIDENTIAL:lmportant Correspondence from California Thoroughbred Trainers
tCTT]

Alan:

We have notified Jerry Hollendorfer of our decision to not grant his stall application for the upcoming Del Mar Race
Meet or accept entries from him.

As we have explained to Jerry and his attorney, our decision is based on the totality of all circumstances, which includes,
among other things, the fact that he has seen six horses under his training suffer catastrophic breakdowns during the
period of November to June, he was banned by The Stronach Group from all of its tracks following the death of his sixth
such horse, and he has been banned by the New York Racing Association. The circumstances further include CTT
President, Jim Cassidy, who when asked recently by CNN to comment on Jerry's 19 violations for over-medicating and
dopping: "lt doesn't surprise me...Jerry does what he wants...he has tunnel vision."

Neither you nor the organization you represent needs to be reminded that the circumstances also include the
Governor's office, state legislators, Congress, the CHRB and the public, allof whom are calling for the sport we all deeply
care about to do whatever reasonably can be done to safeguard our horses and riders. Safety is of paramount concern,
and we must answer these calls or else.

As the operator of a race meet we must ensure that we make decisions that are in the best interests of the sport. We
know CTT wants the same thing. lndeed, that's why DMTC and CTT agreed that we both needed to do all that's
necessary to foster the public's confidence in our sport. We carefully weighed all of the factors involved and made a
decision that Jerry cannot participate in our meet this summer.

Your letter accuses DMTC of "discriminating" against Jerry, and making a decision that is arbitrary and capricious. We
reject both such claims as nonsense. Tellingly, you make these claims without providing any shred of facts upon which
to base them. That's clearly because no such facts exist.

Section Vl of our agreement with CTT talks about discriminating against an applicant based on his or her being a member
of your organization. Clearly, we have done no such thing with regard to the decision we've made with Jerry (or any

1
other trainer for whom we did not grant stalls). Put simply, our decision has nothing whatsoever to do with Jerry being a
member of Cfi.

The part of our agreement with CTT that is relevant to this issue is the part of Section Vl that expressly incorporates the
language of our stall application, and gives us the right to deny stalls to anyone or to refuse entries so long as we do not
do so arbitrarily or capriciously. To the extent CTT truly has a good faith belief that, notwithstanding the circumstances,
wb have acted in such a manner, it can raise the issue with the soon-to-be-formed Horsemen's/Management Committee
comprised of members of TOC, CTT and DMTC. However, in the end, DMTC's decision is final.

That is the agreement we reached with you and your organization, Alan. What's more, that is the same agreement Jerry
has with us by virtue of him submitting the stall application, pursuant to which he agreed that any decision regarding
stalls was DMTC's.

We are abiding by these terms and expect CTT and Jerry to do the same. Your baseless attempt to somehow claim that
our decision amounts to discrimination and entitles CTT to invoke arbitration smacks of bad faith. We reject it.

We will wait to hear from you concerning who from your organization will represent CTT on the
Horsemen/Management Committee and we will reach out to TOC as well. We can then proceed to set a time for a
meeting of the Committee to discuss your concerns.

Sincerely,

iosh

Josh Rubinstein
President & COO
Del Mar Thoroughbred Club

On Jul 3,2079, at 7:55 PM, Alan Balch <afbalch@gmail.comcmailto:afbalch@gmail.com>> wrote:

THIS COMMUNICATION AND ATTACHMENT ARE STRICTLY CONFIDENTIAL.

Dear Josh,

Please see attached

ln accordance with the Mutuality provisions of the Race Meet Agreement, CTT is making no public staternents as to this
pendingmatter,soastoavoidany"unduepublicity." Weseekappropriate,careful,expeditiousprocesstobeafforded
our members in all respects.

2
Thank you for your consideration,

Alan
<AB DMAgmt$ectionVl HollendorfeOT03l9.pdf>

3
EXHIBIT 6
 It IlI
Tom Robbins
t0taltltt (ttt
Exeative Yice huident
Prtcing Afice

fuly 5, 2019

Sent Via E-mail: hllndrfr@aol.com

Dear Mr. Hollendorfer:

Thank you for your application for stabling during the 2019 Del Mar Summer Race
Meet.

As you know, each year, we must allocate our limited stall spaces among an
extraordinarily large number of applicants and unfortunately have no choice but to
reftrse some applications.

In addition to being constrained by a lack of space, we also must take into

consideration all the relevant circumstances to ensure that no decision is made
arbitrarily or capriciously. As we've discussed with you, in your case, these
circumstances include not only your long career, but also the recent actions taken by
The stronach Group and New York Racing Association, among other things.

Based on our careful consideration of all these circumstances we regret to inform

you that we are unable to grant your application for stabling at Del Mar, San Luis
Rey Downs or Thoroughbred stalls at Los Alamitos allocated from Stabling &
Vanning funding during the Del Mar Race Meet Nor, under the circumstances, will
we accept any racing entries for any horse where you are listed as the official
trainer. We have the right to take such action under our stabling application, the
terms of which you agreed to by submitting your application.

Sincerely,

Tom
Vice President Racing
Del Mar Thoroughbred Club

P.O. Box 700 . Del Mar, CA 9?014-0700.8S8-75S-l 14l

hnp://www.delmamcing.com
EXHIBIT 7
Jaczko, Chris

From: Josh Rubinstein <Josh@dmtc.com>

Sent: Friday, July L2,2019 5:56 PM
To: Chuck Winner
Cc: JMcDonough@chrb.ca.gov; Rick Baedeker; Madeline Auerbach; Jaczko, Chris
Subject: Letter to D. Vienna
Attachments: Letter to D. Vienna.pdf; ATT0000L.txt

Chairman Winner,

We are aware that Mr. Vienna has sent a letter to the CHRB regarding CTT's position that DMTC must arbitrate the issue
of its decision to not allocate stalls to Mr. Hollendorfer. I attach a copy of the letter our counsel, Chris Jaczko, sent to Mr
Vienna this afternoon, which provides a clear explanation of why DMTC does not consider this issue to be arbitrable.
The Agreement with CTT provides for arbitration only for actions that are discriminatory, and there is no credible claim
that our decision is that. Accordingly, we are not willing to proceed with an arbitration with CTT. We are happy to
answer any questions you may have,

Best regards,

Josh

1
 PRO@PIO

ffiProcopio 725s,4 High Bluff Drive

Suite 400
San Diego, CAg2fflO
T.858.720.6300
F.619235.0398

J. C*IRISTOPTI ER JACZKO
P.61S.906.5748
$rk&czk@procoplomm

ATJSTIN
DELMAR HEIGHTS
t.AsVECiAS
PHOENIX
SA\ DIEGO
SIUCCIN VALLEY

July 12.2019

VIA EMA I L (horselarvyer@gma i l.com)

DanpllJ. Vienna" Esq.

Law Offices of Darrell J. Vienna
5256 S. Mission Road, Suite 723-808
Bonsall. CA 92003

Re: Del Mar Thoroughbred Cluh

Dear Mr. Vienna:

Thank you for your sccommodation yesterday regarding the deadline to respond to your lener to Joe
Harper of the Del Mar Thoroughbred Club (DMTC) dated July 10, 1019.

Please be advised that DMTC disagrees with your vierv of which provision of the Race Meet Agreement
for Summer 2019 (Agreement) between DM1'C and Calitbnria 1'homughtrred'Irainers (Cff) applies to
DMTC's decision to not allocste stalls tr: Mr. Hollendorlbr for its upcr:ming rsce meet. In your letter you
cite the first paragraph of Section Vl of the Agreement. Your letter makcs the same srgument that Mr.
Balch previously made in correspondence with DMTC and during the meeting ein Monday. However,
when one takes the time to review the language in that paragraph. it is clear that it does not apply in these
circumstances. The paragraph provides:

TRACK will not dlscriminute in ury x,ay ugainst any toiner by reason
of membership of any trainer in the Cfi. or by rvay of any arbitrary or
capricious conduct by TRACK. If any trainer o$serts that TRACK s&a//
have so discriminaled on such ground or grounds. then the trainer
claiming tp be so aggrieved may submit his claim to TRACK or to CTT
for examination, and if C'l"T shall then believe the claim to have merit,
CTT shall be entitled to present the merits of the grievance on behalf r:f
such trainer to TRACK. lf the dispute is not settled. TRACK and CTT
flgree that the matter is to proceed immediately to arbiration befcrrc a

pmc0pi0.csm
ffiPtocopio
*

hearing officer chosen by mutual consent by'I'RACK and CTT. If

TRACK and CTT cannot agree on a hearing officer chosen by mutual
consent, a hearing ofTicer shall be appointed by the CllRB.

(ltalics added). What's clear from the above is that the act of r/i.scrirtinuthrg against a
trainer is the only conduct to which the provisiorr applies.

It appears from your letter that you labor under the mistaken impression that tlre "arbitrary and
capricious" language contained in the first sentence of the ahove provision somehorv expands the
provision beyond acts of discrimination to vimually any decision DM'[C makes regarding exclusion of a
trainer. l-lowever. thet can't be the case since. as the second sentence of thc provision makes clear, the
parties expressly agreed that it is only in circumstances rvhere the trainer asserts that DMTC has so
discriminated against him that Cfi would be entitled to force DMTC to arbitrate the matter if it could not
be resolved informally. The arbitary and capricious language in the provision. therefore. clearly relates
only to exclusions that are discriminutory, because they are husecl on arhilrury or capricious
classificatior.r. lndeed, that's consistent rvitlr exactly what the antidiscrimination laws seek to frrotect
against. (See. e.g., Marina Paint, Ltd. V. lYol.fsan ( 1982) 30 Cal.3d 72 I (holding that elthough a property
owner generally has a right tr: exclude. under antidiscrimination laws it is not entitled to exclude
someone who is a member of a class of individuals on the basis of an arbitrary prediction regarding the
class "as a whole".)

DMTC has not discriminated against Mr. Hollendorfer by virtue of his being a menrber of CTT. Nor has
DMTC discriminated against Mr. Hatlendorfer on the basis of his being a member of nny other arbitrary
or capricious classification. Mr. Balch's July 3 letter - and his cotnments at Monday's meeting - indicate
that CTT believes there is "merit"'to Mr. Hollendorfer's gricvancc. But when asked what facts drive the
bclief that DMTC has engaged in discrinrinatory conducl. rxlne were - or could in good laith be - given.

Since there has been no discrimination against Mr. l-lollendortbr. CTT's re liance on the first paragraph nf
Section VI of the Agreement lacks merit, And as DMTC previously has explained. CTT cannot simply
bury its head in the sand and pretend the next paragraph of Section Vl doesn't exist. lt states *[t]he
language on the back of the stall application blank used by TRACK is attached hereto as Exhibit -A"
which is herehy incorlxtroted into uncl nrude purt rf this Agreenrcnt." (ltalics added).

DMTC's stall application provides. in relevant part" that:

l. DMTC reserves the right rvithout notice to the applicant (a) Io

reluse this applicotion jor stable spacc in whale or in part, or (b) to
refuse the entry or the acceptance ofany entry in any race. or (c) lo
refuse the transfer of an entry"/or Nry cduse. However. DMTC's decision
to exercise its rights under (a). (tri, or (c) shall ntil be made in an
arhinary ar capriciuus t tilnner. Additionally. in the event DMTC
exercisen its rights under (a). (b). or (c) of this Section, CT'I rnay ask for
review of the decision before the Horsemen/Management Committee.

2 pr0c0pi0.com
DOCS 3708098.6
BProcopio
*

Notwithstanding the ftrregoing. the .final decision "shull he made hy

DMTC.

(ltalics added). Not only is this languags pert of the Agreement because the parties exprsssly made it sr:
by incorporation, but Mr. Hollendorfer also agreed to it when he signcd and subnritted his stall
application. The tenns of DMTC's stall application are consistent with its right as a racing association to
rnake decisions regarding the conductof its race nreet under various provisions of the CI"IRB's Rules.
including Rules 1485(c), 1989(b), cnd 2041, among others. (See. e.g.. Ti.;her r Culifiirniu ffor.re Rccrrrg
Baurd (1991) 231 Cal.App.3d 349 (holdine that a licensee does not have any absolute right to participate
in a race meet.)

DMTC already has provided CT"f the fhctors that constitute sut'licient justification for its decision ro nor
grant Mr. Hollendorfer stalls for its Summer Meet. (l will not reiterate them herc. but rather attach e copy
of Mr. Rubinstein's July 5. 2019 enrail to Mr. Balch for your convenience.) All the factors were carelirlly
considered and extensively discussed with Mr. llollendorfer and his counsel r:n several occasions as well
as with CTT. ln good faith DMTC mads the decision it believes to be in the best interesLs of Del Mnr
under the totality ol'the circumstances. That's the epitome of a valid exercise of DM"l'C's business
judgment. and its right to exclude Mr. Hollendorfer. While DMTC recognizes Mr. l"lollendorfer believes
the decision is not fair to him (and CTT spparently supports his view). that does not make it artritrary and
capricious. Nor, for that motter, does sirnply calling it "arbirary and capricious" make it so"

Next, I would be remiss if I did not address your comments aboul Mr. Rubinstein"s email tr: Mr. Balch
prior to Monday's meeting. Mr. Balch previously called for the "immediate formation" of the
Horsemen/Management Committee, as provided in the Agreement and referenced in the abovc<;uoted
provision of DMTC's stall application. in order to discuss DMTC's decision regarding Mr. l{ollendorfer,
ln Mr. Rubinstein's July 5 emnil. he acknolvledged the request. and suggested that a meeting of the
l"lorsemen/ManBgement Committee could bo set up to discuss CTT's concerns. Mr. Balch and Mr.
Rubinstein then spoke via telephone ovar the holiday neekend rvhile Mr. Rubinstein was traveling and
discussed scheduling a meeting f'or Monday that would include CT"f. TOC. and DMTC, along with Mr.
Hollendorfer and his counsel. Mr. Balch's confinning email legitimately raised the concern that the
purpose of the meeting was conrary to DMTC's stated position regarding Section VL So. out of an
abundance of caution, Mr. Rubinstein made clear that. while DMTC certainly rvas willing tr: pruceed with
the meeting keeping with the parties' long history of rvorking together. it rvas not agreeing that the
meeting could serve to enable CTT's contrived claim that it could invoke arbiration.

You take issue with the tirning of Mr. Rubinstein's email to Mr. Balch in that regard. but the fact is that
your client nonetheless prnceeded witlr the meeting after expressly being given nntice of DMTC's
position. DMTC can hardly be blamed fcrr that decision by your client. ln any event. because tlre
provision that includes proceeding to arbiration does not apply in these circumstances (as explained
above). any complaint you may have about the tirning of Mr. Rubinstein's email is not relevant.

Finally. Mr. Hollendorfer's counset infcrrmed us at Monday's meeting and has reiterated to me varimus
times over the past ferv days that he would be commcncing litigation against DMTC and rvould also be

3 pmc0pir}.com
mcs 3708098.6
ffiProcopio
W

seeking e temporary restraining order "preserving the status quo." While we certainly believe filing a
lawsuit on Mr. Hollendorf'er's behalf is ill-advised and rvithout nny legal or thctual basis" it is certainly
Mr. Hollendorfur's prerogative to do so. DMTC will vigorously defend itself against any claims he may
assert. I point this out simply because - putting aside tlw lact thut the Agreement does not v,arrant it *
we fhil to see how CTT's demand to proceed to arbitration provides any benefit that Mr. Hollendr:rfer
would nnt otherwise be entitled through his lawsuit should he prevail. To the contrary, while rve are
confident DMTC would prevail in either fcrrum. it seems that having trvo parallel proceedings runs the
risk of inconsistent rulings.

I hope this adequately addresses your letter. Please do not hesitate to let me knorv if you hrelieve
olhenvise, or wish to lurther discuss the nmtter.

Sincerely.
Pnocclpro. Cony. Hancinr;avEs & Slvrlclr r.r.p

J. Christopher Jaczko

Attachment

cc: DMTC

4 proc0pio.com
oocs 3708098.6
Jrcdro, Chrlr

From: Jolh Rubinstein < Josh@dmtc.com >

Scnt: Friday, July 05, 2019 l,:27 PM

To: Alan Balch
Cc: Drew Couto; Tom Robbins;Jaczko, Chris
Subjrcc Re: CONFIDENfiAL: lmportant Correrpondence from California Thoroughbred Trainers
tcrn

Alan:

We have notifled Jerry Hollendorfer of our drclsion to not grant hir rtall application for the upcoming Del Mar Race
Meet or accept entrica from him.

As we havc axplained to Jerry and his attorney. our decision is based on the totality of all circumstanccs, which lncludcs,
among other thints, the fact that he has seen six horues under his training suffer catasrophic breakdowns during the
period of November to June, ha was banned by The Stronach 6roup from all of its racks following the death of his sixth
such horse, and he has heen banned by the New York Racing Associalion. The circumrtances further include Cfi
President, Jim C*sidy, who when arked recently by CNN to comment on Jerry'r 19 violationr for over-medicating and
doppingl "lt doern't surprise me...Jerry does what he wants...he hts tunnel vilion."

Neither you nor the organiration you reprcmnt needs to be reminded that the circumrtances 6110 include the
Governo/l office, ltato lctidators, Copgresl, the CHRB and the public, all of whom are calling for the sport we all decply
care about to do erhttcvcr reasonably can be done to safeguard our horses and riders. Safety is of paramount concern,
and we must ansyyer these calls or else.

As the operalor of a race meet we rnu$ enrurc that vye make decisions that are in the best interests of the sport. We
know CTT wants tha ram€ thing. lndeed, that's why DMTC and CTT agreed that we both needed to do all that'3
nece$ary to foster the publiCs confidencc in our rport. We carefully welghed all of the factors lnvolved and made a
declslon that Jorry csnnot participate in our meet this rumme r.

Your letter accuscr DMTC of "discrimineting" again$ Jerry, and makiq a decision that is arbitrary and caprlciour. We
reiect both such claimc ar nonsense. Telllngly, you make these claims withorlt providing any shred of facts upon which
to basa them. That'r clearly bccausc no such facts exist.

Sectlon Vl of our agreement with CTT talkr about discriminating against an applicant based on his or her belng a member
of your organiution. Clearly, we hrve done no ruch thing with regard to th6 decision we've mrde wlth Jerry (or any

t
other tnincr for whom we clid not gr.nt stalls). Put simply, our decision has nothin8 whatsoever to do with Jerry being a

memberof CTT.

The part of our agreement with CTT that is relevant to this issue is the part of Section Vl that expressly incorporates the
language of our stall application, and gives ur the right to deny stalls to anyone or to refuse entrles so long as we do not
do so arbltrarily or capriciourly. To the extent CTT truly has a good faith belief that. notwithstanding the circumstances,
we have ected ln such a manner, it can mlse the issue with the mon-to-be-formed Horsemen's/Management Committee
comprised of members of TOC, CTT and DMTC. However, in the e nd, OMTC's decision is final.

That ls the agreement we reached with you and your organiration, Alan. What's more, thst is the same atreement lerry
has with us by virtue of him rubmitting tha stall application, pursuant to which he agreed that any decision regarding
stalls was OMTC's,

we are rbiding by there termr and sxpact CTT and Jerry to do the same. Your brmless sthmpt to ssmehow claim that
our decision amoun$ to discrimination rnd entitles Cfi to invoke arbitration smrcks of bad fahh. We reject it.

We willwtit to hear from you concerning who from your organiration will represent CTT on the
Horsomen/Manrgsment Committee rnd we will reach out to TOC ar well, We can thrn proceed to ret a time for a
meetlng of the committee to discusr your concerns.

Sincerely,

Josh

Josh Rubiffiteln
President & COO
Oel Mar Thorou3hbrcd Club

On Jul 3, 2019, Et 7:55 PM, Alan Ealch < >> wrote:

THIS COMMUNICATION AND ATTACHMENT ART STRI TIY CONFIOENTIAL.

Dear Josh,

Please see attached.

ln accordance with the Mutuality provislons of the Race Meet Agroement, CTT is making no public staternents as to thi3
pending mattGr, ro ai to rvoid any "undus publicity." We geek appropriete. careful, expeditious proee$ to be affordpd
our members ln all respects.

2
Thrnk pu foryour conridcntion,

Alrn
<A8 OMAgmt$G€tboVltlolhndo*ero?03f 9.pdf>