PUBLIC

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF THE ADMINISTRATIVE LAW JUDGES

 

 ) 

In the Matter of ) 

 ) 

Joseph Peacock and Oscar Ceballos, ) Docket No. 9415 

 ) 

 Appellants. ) 

 ) 

MOTION FOR ISSUANCE OF SUBPOENAS

Pursuant to 15 U.S.C. § 3051 et seq., 5 U.S.C. § 556 et seq., and 16 CFR 1.145 et seq., and 

pursuant further to the Chief Administrative Law Judge’s Order on Stay Application and 

Application for Review entered July 3, 2023, Appellants Joseph Peacock (“Appellant Peacock”) 

and Oscar Ceballos (“Appellant Ceballos”) (together, “Appellants”) hereby move for issuance of 

subpoenas ad testificandum to compel the appearances and testimony of two witnesses at the 

evidentiary hearing scheduled for July 13, 2023. The witnesses, both of whom are unaffiliated with 

and outside the control of Appellants, are:

• Larry L. Fontenot, Jr., the Chief Steward of the three Albuquerque Downs Racetrack 

stewards (the “Stewards”) who issued the September 25, 2022 ruling and civil sanction 

against Appellants. Upon information and belief, Mr. Fontenot may be served at the 

New Mexico Racing Commission, 4900 Alameda Boulevard NE, Suite A, 

Albuquerque, NM 87113, or via e-mail at larry.fontenot@rc.nm.gov. 

• Mr. Jeff Williams, an industry expert on whom the Horseracing Integrity and Safety 

Authority (“HISA”) has relied in the past. Mr. Williams may be served at Arapahoe
PUBLIC

2 

Park, 26000 East Quincy Avenue, Aurora, CO 80016, or via e-mail at 

. 

The witnesses’ testimony is “relevant, material, and reliable” as to one or more of 

Appellants’ bases for appeal, including that the Stewards were incorrect in their determination that 

Appellant Ceballos violated Rule 2280 and that the record was insufficient such that it did not 

allow for the Stewards’ September 25, 2022 ruling and civil sanction. See 16 C.F.R. §

1.145(c)(6)(i). The testimony is not only expected to yield information that is relevant, but it will 

also assist the Administrative Law Judge in the completion of the review required under 16 C.F.R. 

§ 1.145(b); see 16 C.F.R. § 3.31(c)(1) (permissible scope of discovery in adjudicative proceedings 

generally).

For example, Mr. Williams, whom, in the past, HISA has sought for his industry opinion 

related to HISA’s enforcement of Racetrack Safety Rule 2280 (“Rule 2280”)—the rule at issue in 

this matter—is expected to testify as follows:

• Mr. Williams was consulted by Marc Guilfoil, who served on the HISA panel in the 

hearing below, for his opinion about the Stewards’ application of Rule 2280 and the 

September 25 ruling and civil sanction against Appellants; 

• Mr. Williams told Mr. Guilfoil that, in his opinion, Appellant Ceballos did not use the 

riding crop in violation of Rule 2280, that Appellant Ceballos used the riding crop to 

strike the horse SHERIFF BROWN on the hindquarters only two or three times (at 

most), and that other uses of the riding crop were permitted uses that were intended to 

preserve the safety of horses and riders that should not have been counted against 

Appellant Ceballos; and 
PUBLIC

3

• Mr. Williams was under the impression that, following their conversation, Mr. Guilfoil 

shared his opinion (which Mr. Williams believes he may have submitted to HISA as a 

written report).

Mr. Fontenot is expected to testify to the following:

• The process that the Stewards undertook in determining that Appellant Ceballos

violated Rule 2280 and, more particularly, in counting the number of uses of the riding 

crop to strike SHERIFF BROWN’s hindquarters;

• Albuquerque Downs Racetrack’s lack of a riding crop rule prior to the promulgation of 

Rule 2280; 

• Mr. Fontenot’s lack of experience stewarding uses of the riding crop in races at 

Albuquerque Downs Racetrack using the equipment and technologies that were 

available to him in this matter; and 

• The Stewards’ assessment of a Rule 2280 violation against the horse who finished 

second to SHERIFF BROWN in the race at issue.

The witnesses’ presence is necessary. Mr. Williams’ testimony is not currently in the record. 

Despite HISA’s consultation of Mr. Williams and Mr. Guilfoil being part of the HISA panel whose 

May 17, 2023 decision affirmed the Stewards’ September 25 ruling and civil sanction, HISA did 

not call Mr. Williams to testify at the hearing below. In fact, there is no indication in the May 17 

decision that HISA considered—much less refuted—the opinion that it sought from Mr. Williams. 

As to Mr. Fontenot, while he testified at the hearing below, he did so apparently while driving. His 

appearance at that hearing via Zoom did not allow for Mr. Fontenot to be shown the video 

recordings of the race that the Stewards reviewed for the September 25 ruling and civil sanction 

and then cross-examined about what Mr. Fontenot had then just been shown in real-time. This 
PUBLIC

4 

level of functionality is critical, as Appellants believe it will reveal that the Stewards lacked 

sufficient evidence to find as they did, by the preponderance of the evidence standard, that 

Appellant Ceballos violated Rule 2280. 

For the forgoing reasons, Appellants respectfully request that the Administrative Law 

Judge issue subpoenas ad testificandum to Mr. Williams and Mr. Fontenot compelling their 

appearances and testimony at the evidentiary hearing on July 13, 2023. 

Respectfully submitted,

 /s/ Nolan M. Jackson 

Joel B. Turner

Frost Brown Todd LLP 

400 West Market Street, Suite 3200 

Louisville, KY 40202-3363 

Washington, DC 20001 

Phone: (502) 568-0392 

Fax: (502) 581-1087 

jturner@fbtlaw.com

and

Nolan M. Jackson 

Frost Brown Todd LLP 

20 F Street NW, Suite 850 

Washington, DC 20001 

Phone: (202) 292-4165 

Fax: (202) 292-4151 

njackson@fbtlaw.com

Counsel for Appellants
PUBLIC

5 

CERTIFICATE OF SERVICE

Pursuant to 16 CFR 4.2(c)(1)(i), a copy of the forgoing is being filed electronic through the 

Federal Trade Commission’s electronic filing system (AEFS) this 6th day of July, 2023, with 

courtesy copies being served via email upon the following: 

Office of the Secretary

electronicfilings@ftc.gov

Office of Administrative Law Judges

oalj@ftc.gov

Bryan Beauman

bbeauman@sturgillturner.com

John L. Forgy 

johnforgy1@gmail.com 

0151952.0762715 4861-8187-9918v1