For Your Eyes only Owner/Trainer Dennis Fisher lawsuit against Churchill Downs/Calder Corporation

LAW OFFICES OF MERRYL A. BROWN, P.A.

9050 Pines Boulevard, Suite 415

Pembroke Pines, Florida, 33024

Merryl A. Brown, Esq. Telephone: (954) 272-6175

Of Counsel: www.merrylbrownattorney.com Facsimile: (954) 272-6122

Law Offices of Matthew Konecky, P.A. Email: mrrbr5@aol.com

September 18, 2006

VIA U.S. CERTIFIED MAIL AND FACSIMILE AT (502) 636-4456

Mr. Robert L. Evans, President and CEO

Churchill Downs, Inc

700 Central Avenue

Louisville, Kentucky 40208

Re: Dennis Fisher, owner and licensed horse trainer (“Client”), civil action against Calder Race Course, Inc., a Churchill Downs, Inc., Company, located at 2100 N.W.27^th Avenue, Miami, Florida 33056 (“Calder”)

Our File No.: 9017.0001

Dear Mr. Evans:

In connection with the above reference matter, please be advised that the Law Offices of Merryl A. Brown, P.A. (“Firm”) has been retained by Client, a renowned horse trainer for over twenty-two (22) years in South Africa and in the United States of America, to discuss vital matters pertaining to great public importance and concern not only for residents of Florida but also for the Nation, prior to filing a civil action against Churchill Downs and Calder. These issues include but are not limited to the following:

1. Illegal wagering;
2. Prearranged fixing of races;
3. Violations of Calder’s “House Rules” and the State of Florida’s racing rules and regulations;
4. Bribery and blackmail;
5. Drug trafficking and /or drug use;
6. Tampering with race horses by burn marks and hitting their nervous system;
7. Illegally ruling off sound horses, and
8. Illegal revocation and suspension of client’s license, via Calder’s officials.

Additionally, Client has suffered severe financial and personal harm and injuries to himself as well as to his racehorses at the Calder establishment since 2004 until this present year. This intentional harm, to destroy Client and any parties associated with Client, Client believes, stems from a conspiracy of officials at Calder. This list of intentional harm includes but is not limited to the following:

1. Conspiracy of defame of Client’s character;
2. Defamation of Character;
3. Invasion of privacy;
4. Trespass to Chattel;
5. Tortious Interference with Business Relations via Jockeys;
6. Tortious Interference with Business Relations via current and future contracts with trainers; and
7. Intentional omission by Calder to investigate and remedy any of these injuries to Client, pursuant to Calder’s “House Rules”.

Furthermore, to substantiate the above referenced allegations, Client can produce witnesses, informants and documentary

evidence as videotapes.

Via this conspiracy led by and influenced by Calder’s higher ranking employees/officers, Client contends that other race courses such as Laurel Park and Gulfstream Race Course have now aided Calder’s employees/offices in extending further damages to Client. According to Client, similar actions – which are explicitly in violation of the racing rules – have been replicated at these facilities with such animosity that it resulted in the death of a prize-winning horse, and a reported assault with a deadly weapon against Client – without a regulatory investigation. Ironically, however, this prize-winning horse was the very same horse that Calder’s officials and its “Track Veterinarian” ruled off as “unsound”. But instead, as you have already been made aware of, Client was set up and victimized and unfairly suspended for an uninvestigated and highly questionable phenylbutazone “bute” level in his prize-winning horse.

Additionally, because the racing world is also so intermingled with the State of Florida pari-mutuel wagering division and its respective state employees and /or officials, some of these issues were required to be brought to the attention to the State of Florida Pari-Mutuel Division. In fact, a formal complaint has been filed with the Pari-Mutuel Division and the Inspector General, of the Department of Business and Professional Regulation for the State of Florida.

What is incredibly interesting is that at a recent meeting with the Pari-Mutuel officials, instead of being more concerned about the conduct of its State of Florida employees, the investigators were highly concerned about not only with the spelling of the term of “Mahahbon” and its meaning, but also the relationship between the “State” and “Freemasonry” as well as Client’s knowledge of the secrets of the freemasonry occult and its relation to the horse racing industry.

Perhaps even more interesting is that no sooner than Client reported his cause to certain persons of interest who yield high positions of authority and demanded action against certain individuals, namely: Scott Sauvin, from Gulf Stream; Joseph de Francis from Laurel Park; Walter Blum from Calder; Robert Umphrey from Calder; and Stoney Mchaughlin, from Calder, most of them have somehow and in some manner have been eliminated and/or removed from the forefront.

With this basic understanding of the severity of this case, please note that very soon, the Attorney General, the Governor of Florida as well as the media (those who are presumed not to be controlled by the freemasons) shall be contacted because of the great importance and concern for the public welfare. Additionally, since Client has contacted several officials at Calder, your company has failed to respond to either Client or this firm. Hopefully, now that you have assumed this position in Churchill Downs you will diligently investigate this matter for resolution purposes along with assistance the reinstatement of my Client’s license. Furthermore, on behalf of Client, this correspondence additionally serves as a written notice that a lawsuit will be filed in Miami-Dade County for any and all civil and equitable remedies available to Client as of September 29, 2006.

Your cooperation in promptly resolving this matter is greatly appreciated. Otherwise please have your legal department contact this Firm immediately.

Sincerely,

MERRYL A. BROWN, ESQ.

MAB/edm

cc: Legal Division, Churchill Downs, Inc., (via facsimile)

Mr. C. Kenneth Dunn, President of Calder (via facsimile)

Mr. Michael Abes, Vice-President of Calder (via facsimile)

Mr. Frank Stronach, Chairman of Magma Entertainment Corporation (MEC) (via facsimile)

Dept. of Labor, Licensing and Regulation, Maryland Racing Commission, (via facsimile)

Mr. David J. Roberts, Director of Div. Of Pari-Mutuel Wagering, (via facsimile)

Mr. Carl Cook, Office of Inspector General, (via regular mail and facsimile)

Mr. Dennis Fisher, (via hand-delivery)