October 12-18, 2012, Vol. 5, Issue 42

special emphasis: HEALTH CARE

gauging the industry’s pulse Special coverage looks at some of the stories circulating through the city’s health care and biotechnology fields Page 16

Shelby • Fayette • Tipton • Madison

political outsourcing

In a non-swing state, campaign supporters take fight, resources elsewhere // Page 14

12 Sports The and first-year head coach Justin Fuente finally won a football game – and Don Wade was among the few inside Liberty Bowl Memorial Stadium to witness it. What, if anything, does a 14-10 win over Rice mean for the Tigers as they prepare for the rest of their schedule?

weekly digest: page 2 real estate: pages 22-23 law talk: page 28 newsmakers: page 31 EDITORIAL: page 38

A Publication of The Daily News Publishing Co. | www.thememphisnews.com 2 October 12-18, 2012 www.thememphisnews.com

weekly digest Get news daily from The Daily News, www.memphisdailynews.com.

MAAR Reports through the Small Business Lending Fund Redevelopment Agency, which last week The number of homes entering the have increased their small business lend- approved an allocation of $1.68 million foreclosure process, so-called foreclosure September Home Sales ing by $275.1 million over their baselines, and a donation of 50 lots to support the starts, fell to 87,066 in September, down 12 Memphis-area home sales for Sep- according to the U.S. Department of Trea- two-year home-building and rehabilita- percent from August and 15 percent from tember rose 17.1 percent from the same sury in a new report. tion project. These funds are generated by a year earlier. It was the second-straight month a year ago, with 1,287 total sales The SBLF, established as part of the tax increment funding. month of declines following three months recorded in the Memphis Area Association Small Business Jobs Act that President To complete the project, Habitat of increases, Irvine, Calif.-based RealtyTrac of Realtors MAARdata property records Barack Obama signed into law in 2010, must raise nearly $3 million in additional reported. database. encourages community banks to increase funds from local foundations and house- Foreclosure starts since peaked in April Total sales decreased 15 percent from their lending to small businesses. Through building partners, such as companies, 2009 at around 203,000. But the current August. the fund, the U.S. Department of Treasury faith-based organizations and schools. In level is still well above the 34,000 starts Average sales price year over year was invested more than $4 billion in 332 in- an effort to retain local jobs, some homes recorded in May 2005, before the collapse up 1.6 percent at $128,971. stitutions that operate in more than 3,000 in Uptown will be built via Habitat’s tradi- of the housing market. Inventory declined 2.1 percent, with locations across 48 states. tional model with house-building partners Overall foreclosure filings include no- 7,392 units listed for sale. Sales volume The fund provides capital to commu- and volunteers, and others will be built tices of defaults on mortgages, scheduled year to date increased 17.6 percent to $1.46 nity banks with less than $10 billion in as- with subcontractors. auctions and repossessions. Foreclosure billion. sets – a threshold that most Memphis-area starts are either default notices or sched- “Average sales price for September banks fall under. uled auctions, depending on the state’s topped $132,000 and was at almost US Foreclosure Filings Hit legal process. $155,000 for non-bank sales,” MAAR presi- 5-Year Low in September The pace of homes entering the dent Carol Lott said in a written statement. Memphis Habitat to Focus foreclosure process is expected to slow “That’s encouraging. Year to date we’re up On Uptown Next Two Years U.S. foreclosure filings dropped to a gradually, barring another severe eco- in sales, pricing and sales volume.” five-year low in September as fewer homes nomic shock that would send the recover- The database includes records of all Habitat for Humanity of Greater Mem- were on track to be seized by lenders. ing housing market into a tailspin, experts property transactions in Shelby, Fayette phis has selected Uptown as its neighbor- It was the second-consecutive monthly say. But the decline in foreclosures is likely and Tipton counties. hood of choice for 2013 and 2014, with decline in filings, although there remains a to continue playing out unevenly, in part To see real estate information compa- plans to build 50 homes and rehabilitate sharp divergence along state lines, accord- because of the differing approaches to ny Chandler Reports’ September totals for 100 properties in the area. ing to a report Thursday by foreclosure handling foreclosures from state to state. Shelby County, see the Oct. 19-25 edition The Uptown project is the first of its listing firm RealtyTrac Inc. Meanwhile, there were 53,569 com- of The Memphis News. kind for Memphis Habitat – a project On a national level, overall foreclosure pleted foreclosures last month. That’s up 2 where the nonprofit affiliate builds homes filings last month – including home repos- percent from August but down 18 percent and does repairs on existing properties in sessions – fell 7 percent from August and from September 2011. Banks Increase a defined neighborhood. Habitat has com- 16 percent from September 2011. There Home repossessions nationwide have Small Business Lending pleted 20 rehabs to date in Uptown. were 180,427 foreclosure filings reported been down on an annual basis for the past The project is funded in part by the for September, the fewest since July 2007 23 months. They rose in September in 12 Tennessee banks receiving capital Memphis and Shelby County Community in the midst of the housing market bust. states, including New Jersey, where they

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Guest speaker Dr. Phyllis Betts of the University of Memphis Center for Community Building and Neighborhood Action presents her team’s latest study on lending and foreclosure trends.

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jumped 48 percent, and Indiana, where plan to pay their taxes. percent annual rate. That would be only Alberici Corp., a St. Louis-based construc- they increased 31 percent. Since these tax clinics began in March, a slight improvement from the tepid 1.3 tion company, to investigate the possibil- Between January and September, Linebarger has successfully helped 120 percent annual growth rate in the April- ity of acquiring Flintco. banks completed foreclosures on 505,585 taxpayers, with most placed on a payment June quarter. Founded in 1908, Tulsa, Okla.-based homes. At that pace, the country is on plan designed to keep their property from A stronger job market could help Flintco is the largest general contractor track to end the year with about 675,000 being forced into a tax sale. boost growth in the final three months in Memphis. The construction company completed foreclosures, down from Anyone planning to attend the clinic of the year. When more people find jobs, also has offices in Albuquerque, N.M.; around 800,000 last year, according to should bring a tax bill, a recent letter from consumer spending typically increases. Austin, Texas; Oklahoma City; Sacramen- Daren Blomquist, a vice president at the Linebarger firm, or their account Consumer spending accounts for nearly to, Calif.; and Springdale, Ark. RealtyTrac. number. Calling 260-4058 ahead of time 70 percent of economic activity. Ongoing projects of Flintco locally will reserve a seat as well as allow the law include St. Jude Children’s Research Hos- firm’s staff to research the account prior pital’s $198 million tower and the Mem- US Jobless Claims Fall To to the clinic. County Commission Ends phis International Airport’s $90 million 339K, Fewest in 4½ Years One more clinic after this month’s Redistricting Court Fight Ground Transportation Center. Both are is scheduled for this year. It will be held under construction. The number of Americans seeking Nov. 10 at the Orange Mound Community Shelby County Commissioners have Flintco would continue to operate unemployment aid plummeted last week Center, 2572 Park Ave. dropped their appeal in the Chancery as Flintco, using the Flintco name. Its to seasonally adjusted 339,000, the lowest Court lawsuit over redistricting and employees and divisions would all be level in more than four years. The sharp ended the protracted political dispute. retained. drop, if sustained, could signal a stronger Austin Byrd Joins The commission voted 8-5 Monday, There will be a two-month due dili- job market. Bailey & Greer Law Firm Oct. 8, to drop its appeal of the June rul- gence period to allow Flintco and Alberici The Labor Department said Thursday ing by Chancellor Arnold Goldin in favor to go into greater detail to validate the that weekly applications fell by 30,000 Austin Byrd, a veteran medical device of a new set of district lines that make the strategic fit and work out the details of a to the fewest since February 2008. The executive and health care compliance five-district, 13-member commission a potential transaction. At the end of this four-week average, a less volatile mea- officer, has joined the Bailey & Greer PLLC body of 13 single-member districts with period, if both companies still believe sure, dropped by 11,500 to 364,000, a law firm. the 2014 elections. the benefits of the strategy exist, then de- six-month low. Byrd will concentrate on mass tort Goldin made the ruling after the finitive documents will be prepared that The positive figures follow a report last and multi-district litigation involving commission could not get the nine-vote would finalize the sale of Flintco’s shares week that said the unemployment rate drugs and medical devices. He also is majority required to pass the plan or an- to Alberici. fell in September to 7.8 percent. It was the focused on Medicare fraud and other other plan on third and final reading. The Alberici Constructors has offices in first time since January 2009 that the rate abuses within the health care system, in- nine-vote majority required by the Shelby Atlanta; Detroit; Hillsdale, Mo.; Topeka, dropped below 8 percent. cluding violations of the False Claims Act. County Charter since 1993 is not required Kan.; Burlington and Cambridge, Ontario; A Labor Department spokesman cau- Byrd counsels health care profes- in state law. But Goldin said his ruling was Leon, Mexico; and Saskatoon, Saskatch- tioned that the weekly unemployment aid sionals and medical device companies limited to the redistricting issue. ewan. applications can be volatile, particularly in commercial negotiations and dispute The commission appealed fearing the at the start of a quarter. And the spokes- resolution. He also has an interest in avia- nine-vote requirement in the charter is man said one large state accounted for tion law and in injuries related to aviation susceptible to further legal challenge by Public Housing Experts much of the decline. The spokesman did operations. others. But the commission with Mon- Appear at U of M not name the state. day’s vote opted to give up the appeal, Unemployment benefit applications fearing an appeals court judge might take The University of Memphis Graduate are a proxy for layoffs. When they con- US Wholesale Stockpiles on the charter provision anyway. Program in City and Regional Planning sistently drop below 375,000, it suggests Grew 0.5 Percent in August The commission also appointed Clay hosted a symposium Wednesday, Oct. 10, that hiring is strong enough to lower the Perry as the new chief administrator on public housing in America. unemployment rate. U.S. wholesalers increased their stock- of the commission, responsible for the The panel of four experts spoke at the Some economists said they want to piles in August and their sales rose for the commission’s office staff and day-to-day University Center from 2 p.m. to 4 p.m. see more data before suggesting the job first time in four months. The gains could affairs of running the commission office. as some in the graduate program have market is turning around. provide a boost to the still-weak economy. Perry had been deputy administra- launched a campaign to preserve the “Should this level hold for another The Commerce Department said tor under Steve Summerall who retired city’s last major public housing develop- week, it would flag a meaningful improve- Wednesday that wholesale stockpiles earlier this year. Perry had been acting ment, Foote Homes, from demolition. ment in October” hiring, said Sal Guatieri, grew 0.5 percent in August after a 0.6 administrator since Summerall’s retire- Memphis Mayor A C Wharton Jr.’s senior economist at BMO Capital Mar- percent increase in July. ment. administration favors demolition at some kets, in a note to clients. Sales at the wholesale level jumped 0.9 point in the future as the way to convert Dan Greenhaus, chief market strate- percent in August, ending three months the site to mixed-use, mixed-income gist at BTIG LLC, is also reserving judg- of declines. The sales increase was the Flintco LLC Could Be housing, an approach used at the city’s ment. “Are things that much better all of a biggest one-month gain since February. Acquired by St. Louis Firm other big public housing developments sudden? Perhaps. We’re going to wait for Total wholesale inventories stood at since the late 1990s. some corroborating data.” $487.5 billion. That’s 26.9 percent higher Flintco LLC has signed a “non-binding Speaking on national research about The total number of people receiv- than the post-recession low hit in Sep- Letter of Intent” to begin discussions with public housing were Edward Goetz, pro- ing unemployment benefits also fell, the tember 2009. Labor Department said. A little more than It would take about five weeks to ex- 5 million Americans received benefits in haust the level of stockpiles at the August the week ending Sept. 22, the latest data sales pace. Steven Wood, chief econo- Call for an appointment today! available. That’s down about 44,000 from mist at Insight Economics, said the level the previous week. remains fairly lean, even after the modest 901.685.5008 increase in inventories over the summer when sales slipped. Property Tax Clinic Companies typically boost their A Patient’s View: Scheduled for Saturday stockpiles when they anticipate sales will “Dr. Castle is a fantastic dentist. rise in coming months. Faster restock- I never waited to see him longer than a few The fifth of six scheduled tax clin- ing helps drive economic growth. When minutes. He gives great personal attention.” ics, sponsored by Memphis City Council businesses order more goods, it generally member Lee Harris and the law firm of leads to more factory production. Linebarger Goggan Blair & Sampson LLP, Growth has slowed this year, in part will be held Oct. 13. because high unemployment and low The clinic, to be held at the Ed Rice pay increases have kept U.S. consumers Frayser Community Center at 2907 N. from spending more freely. Weaker global William N. Castle, D.D.S. Watkins St., will last from 10 a.m. to 1 p.m. growth has also dampened demand for general dentistry Its goal is to help property owners better U.S. exports. 79 n. cooper (in midtown) • memphis, tn 38104 understand the tax process and to work Many economists believe the U.S. with delinquent taxpayers to develop a economy grew over the summer at a 2 4 October 12-18, 2012 www.thememphisnews.com

weekly digest Get news daily from The Daily News, www.memphisdailynews.com.

fessor of the Hubert H. Humphrey Institute risen to six. The packages will be mailed through The move comes as American Express for Public Affairs at the University of Min- Dr. John Dreyzhener, Tennessee’s Oct. 12. is looking for new ways to expand its cus- nesota; Anne B Shlay, associate professor health commissioner, said Tuesday the tomer base beyond its traditional wealthy of geography and urban studies at Temple total number of cases in the state has clientele. For Wal-Mart, the Bluebird University; James Fraser, associate profes- increased by four and now stands at 39. Wal-Mart, American Express service is the latest financial product of- sor of human and community develop- The cases all stem from steroid injections Team on Prepaid Card fering to be pushed by the world’s largest ment at Vanderbilt University; and Rachel for back pain and officials say evidence retailer, but it’s also the most comprehen- Bratt, professor of environmental policy points to contaminated medicine as the Wal-Mart Stores Inc. and American sive. and planning at Tufts University. cause of the rare disease. Express are rolling out a prepaid card that Prepaid cards are a fast-growing seg- The outbreak involves 10 states but they say offers unique services designed to ment of the payments industry. While the Tennessee so far has reported the greatest help customers manage and control their cards are aimed mainly at people who Local Red Cross Chapter number of cases. The Centers for Disease everyday finances. don’t have bank accounts or whose credit Taps Lewis as Chair Control and Prevention said Tuesday that The two companies said Monday, ratings are damaged, they also are be- there have been 119 infections and 11 Oct. 8, that Bluebird, which began during coming popular with consumers seeking George “Buck” Lewis, a shareholder deaths across the nation. a pilot program late last year, will have to avoid surprise bank fees and keep from in the Memphis office of Baker, Donel- no minimum balance and no monthly, accumulating credit card balances. son, Bearman, Caldwell & Berkowitz PC, annual or overdraft fees. They say that But prepaid cards are typically not has been named chair of the Mid-South Foreclosure Help Notices the only fees that will be associated with linked to a checking account. Monday’s Chapter of the American Red Cross. Being Mailed in Tennessee the card will be transparent and within announcement shows how the financial Highlights of Lewis’ law career include the user’s control, such as out-of-network service landscape is changing in light of his having served as president of the Ten- Notices are going out in the mail to ATM withdrawals by consumers who the rising popularity of smart phones nessee Bar Association from June 2008 an estimated 37,000 Tennessee borrowers don’t use direct deposit. and other technological advances, and through June 2009. In March 2012, he was who may be eligible for payment under a Wal-Mart Stores Inc. and American evolving needs of consumers, who want appointed by the Tennessee Supreme $25 billion national mortgage foreclosure Express Co. say the card is an alternative on-the-go financial services. Court to chair the Tennessee Access to settlement. to debit and checking accounts and will Bluebird will be available next week Justice Commission. He also has served Eligible borrowers will be receiving include such features as the ability to at www.bluebird.com and in more than as president of the Memphis Bar Founda- claim forms in the mail this month and deposit a check to one’s Bluebird account 4,000 Walmart stores. tion. Attorney General Bob Cooper of Tennes- by simply taking a picture with a smart see urged residents to complete the forms phone. and return them by the Jan. 18 deadline. It will also offer the same fraud protec- Comcast Rolls Out Feature Meningitis Outbreak Deaths Those eligible include people who lost tions in an event the card is stolen or lost For Business Customers Rise to Six in Tennessee their homes to foreclosure between Jan. as other standard cards. 1, 2008, and Dec. 31, 2011, to five of the The companies say Bluebird was built Comcast Corp., one of the nation’s Tennessee Department of Health nation’s largest mortgage services, which on feedback from consumers who said leading providers of information and officials say the state’s death toll from an is Ally/GMC, Bank of America, Citi, JP they were bothered by rising fees related communications products and services, outbreak of fungal meningitis has now Morgan Chase and Wells Fargo. to checking accounts and debit services. has launched Business Class Signature

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Support, a new technical support and The total development cost, excluding equipment protection program for small- furniture, fixtures and equipment for the business customers. athletic club and café, is approximately With this new offering, Comcast Busi- FROM THE BLOG $1.7 million. The Center City Develop- ness Services now provides its customers ment Corp. board in August approved a single source of support for the comput- a development loan of $200,000 for the ers, tablets, mobile devices, servers and Central BBQ Downtown Officially Opens project. networks that power their small business. The design firm is Self-Tucker Ar- Small-business customers will have ac- Editor’s Note: “From the Blog” is a weekly feature that highlights chitects. EYKONIC Group hopes to start cess to experienced information technol- construction by the end of the year and some of the enterprising work our staff and contributors post on The ogy specialists who can provide advanced anticipates an opening 90 days after that. technical support online, over the phone, Daily News blog, blog.memphisdailynews.com. or in person at their convenience. Customers will be able to choose from Pinnacle Airlines Principal several monthly packages ranging from SARAH BAKER | The Memphis News Accounting Officer Leaves round-the-clock remote support, onsite assistance and extended warranties. entral BBQ officially opened its new Downtown location Anthony D.McDuffie has resigned Comcast also will offer one-time CFriday, Oct. 5. as principal accounting officer and vice services such as virus removal, system president of finance and controller of set-up and wired and wireless network The 8,000-square-foot restaurant at 147 E. Butler Ave. in the Memphis-based Pinnacle Airlines Corp. connectivity. South Main Historic Arts District has been completely renovated McDuffie’s resignation is effective Sept. 28. He joined Pinnacle on March 29, from a 74-year-old warehouse near Happy Mexican and The just days before Pinnacle filed for bank- US Unemployment Falls National Civil Rights Museum. ruptcy reorganization. To 44-Month Low Thomas M. Schmidt, the vice presi- Central BBQ had been doing “test runs” for a few days prior dent of operations finance has been ap- The U.S. unemployment rate fell to to opening Downtown. The location marks its third in Memphis, pointed by the Pinnacle board of directors 7.8 percent last month, dropping below as the new principal accounting officer 8 percent for the first time in nearly four after stores on Central (original) and Summer avenues. for the regional air carrier. years and giving President Barack Obama “We hope to have a funky barbecue joint like Midtown, but The appointment of Schmidt is at will a potential boost with the election a with no employment agreement with the month away. it’s going to be in the South Main area,” Roger Sapp, co-owner of company. The rate dropped from 8.1 percent Central BBQ, along with Craig and Elizabeth Blondis, told The because the number of people who said they were employed jumped by 873,000 Daily News in April. “We’ll have a lunch business and a night US Trade Deficit Rose To — an encouraging sign for an economy $44.2 Billion in August that’s been struggling to create enough business, and we’ll occasionally have a little music on the week- jobs. ends like we do on Central on the deck. We’ll have friendly to-go The U.S. trade deficit widened in The number of unemployed Ameri- August from July because exports fell to cans is now 12.1 million, the fewest since stuff that will go out quick if you want it and I’ll try not to have the lowest level in six months. The wider January 2009. any lines like we have on Central.” deficit likely dragged on already-weak The Labor Department said employ- economic growth. ers added 114,000 jobs in September. It The deficit grew 4.1 percent to $44.2 also said 86,000 more jobs were added in billion in August, the biggest gap since July and August than the department had May, the Commerce Department said initially estimated. Thursday. Still, many of the jobs the economy in “non customer-facing areas.” dition is the applicant will provide final Exports dropped 1 percent to $181.3 added last month were part time. The It’s part of an effort to cut costs, but documentation showing details of the billion. Demand for American-made cars number of people with part-time jobs to do it in what he said is “a creative way” public art component, which will likely and farm goods declined. who wanted full-time work rose 7.5 and to target higher-paid employees. entail some sort of creative bike rack. Imports edged down a slight 0.1 percent to 8.6 million, the most since “So, it’s back office, operational areas EYKONIC Group is led by Kate Dailey percent to $225.5 billion. Purchases of February 2009. like finance and HR and operations staff and Erik Yarbro, who plan to convert foreign-made autos, aircraft and heavy But overall, Friday’s report dispelled areas,” he said. “These would be people the 26,500-square-foot building in the machinery fell. The cost of oil imports some fears about the job market. Aver- who maybe want to go back to school or South Main Historic Arts district (to the rose sharply. age wages rose. And more people started maybe, for family reasons, they want to south of Spindini) into an upscale fitness A wider trade deficit acts as a drag looking for work. take some time off or they’ve been think- facility with training, yoga, and day-spa on growth. It typically means the U.S. is The revisions show employers added ing about changing their career path.” components, as well as a European-style, earning less on overseas sales of Amer- 146,000 jobs a month from July through Affected employees have until the end health-food-centric restaurant that offers ican-produced goods while spending September, up from 67,000 in the previ- of the month to accept. wine and beer. more on foreign products. ous three months. The 7.8 percent unemployment rate for September matches the rate in Janu- Design Review Board OKs ary 2009, when Obama took office. In Athletic Club Construction the months after Obama’s inauguration, Talking to your baby the rate rose sharply and had topped 8 The Downtown Memphis Commis- percent for 43 straight months. sion’s Design Review Board approved Wednesday, Oct. 3, the construction helps her brain develop. and renovation application of EYKONIC First Tennessee Parent Group LLC’s Downtown Athletic Club at And she won’t contradict you Offers Buyouts to 400 387 S. Main St. The board approved the project – until she’s at least 3. The parent company of First Tennes- which includes building renovation, see Bank sent out letters to nearly one- some exterior signage and improvements tenth of the Memphis-based company’s to two parking areas – under two minor 4,500 employees Thursday offering them conditions. terms of a voluntary buyout. The first is that the applicant will First Horizon National Corp. is offer- provide a final site plan showing the exact ing the buyouts to some 400 employees, sidewalk panels to be repaired; that site said chief human resources officer John plan will have administrative review and Go to TUCI.org for a copy of the Parents Guide to Kindergarten Readiness. Daniel, who stressed that they’re looking approval from the DRB. The second con- 6 October 12-18, 2012 www.thememphisnews.com

contributors October 12-18, VOL. 5, NO. 42 news

LAW & THE COURTS

President & CEO bill dries Goldin Reverses Sales Senior Reporter Peter Schutt Government, Transportation/Distribution/Logistics, Education, Manufacturing, Agribusiness General Manager Emeritus 528-5277 | [email protected] Tax Vote in Millington Ed Rains

BILL DRIES | The Memphis News Publisher Eric Barnes

Associate Publisher & Executive Editor James Overstreet Chancellor rules that tax hike for school district andy meek passed by 12 votes rather than failing by three Senior Reporter Managing Editor Lance Allan Wiedower Banking/Financial Services/Accountants, Markets & Economy, Economic Development, Small Business, Attorneys/Courts/ he results of the Aug. 2 election unique because it involved an area an- Civil Litigation on a Millington sales tax hike nexed by Millington just before early Deputy Managing Editor 528-5279 | [email protected] T were changed Tuesday, Oct. 9, to voting began in July. The annexation was Eric Smith show the tax hike for a municipal school then put on hold by a lawsuit after early district was approved by 12 votes instead voting began and Millington deannexed of losing by three votes. the Lucy area still later also while voting Associate Editor The court order by Chancellor Arnold was under way. Kate Simone Goldin came after attorneys for the city “The mistake ultimately had to do of Millington, who filed suit contesting with what retrospectively turned out to Pressman the previous results, and the attorney be the erroneous distribution of ballots,” Cedric Walsh for the Shelby County Election Commis- Muldavin said. “It was the distribution SARAH BAKER REPORTER sion agreed there was a “mathematical of those ballots and utilization of those Pressman certainty” that the half-cent sales tax hike ballots by, at the time legal voters, that Commercial and Residential Real Estate, Architects/Engi- passed. caused the mess.” Pete Mitchell neers/Construction, Advertising/PR/Media, Tourism/Hospi- tality, Food/Restaurants “There doesn’t seem to be any ques- But Wiseman said the two recounts 521-2464 | [email protected] tion about it,” Goldin said after both sides he undertook showed more than simply Graphic Designer & Photo Editor told him they agreed on the resolution of voters getting the wrong ballot in the an- Brad Johnson the dispute. nexation confusion. The summary judgment means there “People who lived not even in the an- Graphic Designer & Illustrator will be no re-vote on the Millington sales nexation area voted,” he said. “Hopefully Emily Morrow tax hike. this will be a wake-up call for people in It also means Millington voters – some general and the Election Commission in

Graphic Designer of whom are already voting absentee and particular.” others who will still see the countywide Millington Mayor Linda Carter, who Yvette Touchet LANCE MURPHEY PHOTOGRAPHER sales tax hike ballot question on the early was also a plaintiff in the legal action, voting ballot starting next week – will acknowledged the annexation posed Senior Production Assistant Weekly features, spot news not be eligible to vote on the countywide some unique circumstances beyond the Sandy Youngblood [email protected] sales tax hike. other problems reported across Shelby They will not be included in the vote County during early voting and the Aug. Production Assistant Published by: on the countywide sales tax hike because 2 election day. Those broader problems THE DAILY NEWS PUBLISHING CO. Laurie Beck the court order and new vote total now involved voters getting the wrong district 193 Jefferson Avenue show they approved their Millington sales races and voters in split precincts being Memphis, TN 38103 tax hike. told as a group that they couldn’t vote in Administrative Specialist P.O. Box 3663 Memphis, TN 38173-0663 “I’ll leave that to other minds to figure municipal schools referendums that some Marsha Payne Tel: 901.523.1561 out,” said attorney Lang Wiseman, who were eligible to vote in. Fax: 901.526.5813 represented the city of Millington and “I’m grateful that it was handled in Senior Account Executive www.memphisdailynews.com several citizens in the court action con- this manner,” Carter said of the court Janice Jenkins The Daily News is a general interest newspaper covering testing the results, when asked about how decision. business, law, government, and real estate and development that distinction would be handled. But she and others in the Millington throughout the Memphis metropolitan area. Account Executive The resolution of that part of the lawsuit contend election officials at poll- The Daily News, the successor of the Daily Record, The Daily process was not a part of the legal pro- ing places could have corrected problems Robin Bender Court Reporter, and The Daily Court News, was founded in ceedings. But Wiseman said the Election but were, in some cases, telling voters to 1886. Commission should be more vigilant. go ahead and vote the ballot as it was and Advertising Director “If anything, it will cause some eyes they would correct the count later. To reach our editorial department, e-mail: Don Fancher [email protected] or call: 901-523-1561 to be opened and maybe some ‘I’s dotted “I think the bigger issue here is per- and ‘T’s crossed,” he said after the hear- haps the restoration of public trust in the Business Development Manager ing. “I’m always amazed by people who election process,” she said. Patricia McKinney make remarks about how there’s no such “I don’t know if it is because we don’t thing as voter fraud. The fact of the mat- take this seriously enough from the Elec- ter is that unless or until you are looking tion Commission perspective everywhere Director of Marketing & Circulation The Daily News is supportive, including in some case being on the boards of, the following at an election with a small enough margin or if we as citizens don’t take it seriously Donna Waggener organizations: Literacy Mid-South, Grace St. that it matters, no one looks. There’s no enough to demand that the Election Luke's Episcopal School, Wolf River Conservancy, Ronald McDonald House, Great Outdoors reason to look. Things like this happen all Commission report their work in a timely Controller University, Tennessee Wildlife Federation, over the place. You just don’t ever see it manner, in an efficient manner.” Temple Israel, St. Jude's, St George's Independent Pam Mallett Schools, Shelby Residential & Vocational because no one goes looking for it.” Chancellor Kenny Armstrong is Svcs, Shelby Farms Park, Calvary & The Arts, It is the third election that Wiseman scheduled to hear another challenge of Bridges, Boys & Girls Club of Greater Memphis, Binghampton Development Corporation, U of and Chris Patterson have contested since August election results Wednesday, Oct. AUDIT PENDING M Journalism Dept., Chickasaw Council Boy 2006 and in each they found irregulari- 10, by countywide school board member Scouts, Memphis Leadership Foundation, Junior Achievement, Overton Park Conservancy, ties. Kenneth Whalum Jr. Whalum lost to Kevin The Cotton Museum and WKNO. Election Commission attorney Sam Woods by 108 votes in the certified vote Muldavin said the Millington case in count for the District 4 school board race. www.thememphisnews.com October 12-18, 2012 7

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TOURISM EDUCATION Two More Plead River Walk Rehab Guilty in Teacher

BILL DRIES | The Memphis News Cheating Scandal

BILL DRIES | The Memphis News

hen Shantell Shaw showed up for her first day as a Memphis WCity Schools teacher in 2008 at Trezevant High School, she was assigned a mentor. Her mentor was Clarence Mum- ford Sr., a guidance counselor at the Frayser school. And Mumford later asked Shaw to take a PRAXIS teachers examination in biol- ogy for a teacher who had already failed the test 11 times, according to Shaw. Shaw pleaded guilty in a criminal infor- mation Thursday, Oct. 4, to a federal charge of conspiracy to defraud the government. An information is a legal process in which a defendant is charged and pleads guilty in the same hearing. Carlos Shaw, another Memphis City Schools teacher and unrelated to Shantell Shaw, pleaded guilty to the same charge Thursday afternoon in a separate information before U.S. District Court Judge Memphis News File Photo: Lance Murphey John Fowlkes. The Mud Island River Walk, a scale model of the Mississippi River, has seen a lot of changes — and footsteps — since it opened as the dominant feature of the river park 20 years ago. Their guilty pleas bring the total to four in the ongoing federal investigation of the teacher test cheating scandal in which A look back at 30 years of the Mississippi River replica on Mud Island Mumford was the alleged ringleader. All four of those who pleaded guilty in separate cases have admitted they took PRAXIS exams in the hat is 2,000 feet long, 30 only river replica similar to the Mud which was linked to the concession three-state Mid-South area in the names of years old, has 20 cities and Island River Walk. stand near the gulf, bore the Budweiser other teachers and would-be teachers. Teach- Wcan carry a leaf from Cairo, Thirty years later, the 1,746 con- brand in its name. ers must pass the exams in order to teach Ill., to the Gulf of Mexico in 40 minutes? crete panels that make up the River The gulf’s incarnation as a swim- or continue to teach in local school systems The Mud Island River Walk, a scale Walk – each weighing one ton – have ming pool made it the largest public in West Tennessee, North Mississippi and model of the Mississippi River, has settled a bit in the island’s sand base. swimming pool in the state of Ten- Eastern Arkansas. Mumford and 10 others are seen a lot of changes since it opened as “Leaves do collect in there. You’ve nessee. It was also a challenge to keep charged in a separate indictment. the dominant feature of the river park got to sweep leaves out. Sometimes the water chlorinated properly. Bud U.S. Attorney Ed Stanton said Thursday in 1982. you get algae in there during the heat Boogie Beach lasted approximately six the new cases are “another step in the ongo- When it was being planned and de- of the summer,” Ogle said. “There has years, which was longer than Shlen- ing effort to uncover anyone involved in this signed by Nesbit Coltharp in the early been a little bit of settlement. If you’ve ker’s stay in Memphis. conspiracy and ensure that they are held ac- 1980s, the park was still being called walked on the River Walk you notice “RDC has the paddleboats in there countable for their unethical and illegal acts. Volunteer Park on Mud Island. after 30 years that that’s a facility built again,” Ogle said. “Every once in a “These prosecutions are critical to Some of Coltharp’s sketches, sche- on sand.” while we fill that gulf up with catfish protecting the integrity of our education matics and other plans are on display The maintenance includes some and have catfish tournaments for the system, preserving the reputation of honest, through the end of this month in the re-caulking of the joints of the panels kids.” hard-working educators and guaranteeing River Gallery of the Mississippi River as well as work on the pumps that re- Last year the real Mississippi River our students get the quality education they Museum in the park. cycle the water and carry it back to the reached its highest level at Memphis deserve,” he added. Jimmy Ogle of the Riverfront northern end of the River Walk from since the record 1937 flooding, adding Shantell Shaw said her first reaction when Development Corp., which oversees the Gulf of Mexico on the southern end too much realism to the River Walk Mumford approached her about taking the the park, put together the exhibit after of the park. when its muddy waters overtook the biology certification exam was to refuse. She meeting members of Coltharp’s family. The Gulf has changed more than south end of the island and spilled into relented in March 2009 after she met the Coltharp worked for Roy P. Harrover & any other part of the River Walk in its the replica Gulf of Mexico. teacher and was paid $1,000. Shaw took 12 Associates of Memphis, the firm that uses. When the park opened in July While the River Walk includes flood to 15 PRAXIS exams in the names of others designed and planned the entire park 1982, the clear waters of the Gulf were plains that could accommodate higher and made approximately $8,000 as a result, including the River Walk. Coltharp for paddleboats. By the end of the levels of water, Ogle said the model according to the information. died in 1998. 1980s, the city of Memphis had turned doesn’t include varying the height of Carlos Shaw said Mumford first ap- “It’s the only model I know of like the park over to promoter Sidney the water to mimic the river’s sharp proached him 10 years ago about taking that open to the public,” Ogle said. “It’s Shlenker for attractions to go with The highs and lows in a normal year’s time. teacher exams in the names of others. At a very rare architectural feature.” Pyramid that was then being built. “We haven’t tried to match the the time, he and Mumford taught summer Ogle found the 1980 plans for Ogle, who has worked as Memphis current level. Right now there wouldn’t school together. Carlos Shaw also said he the River Walk in city archives and Park Commission director and Mud Is- be any water in it,” he added. “It’s just initially refused but that Mumford repeat- combined them with items from the land general manager, recalled the July better to keep about a medium level of edly approached him about the scheme and Coltharp family that included his 1, 1989, debut of Shlenker’s one idea water in there just for circulation and he eventually agreed. Carlos Shaw was once tools and photo snapshots he took of that did make it off the drawing board cleaning and people’s ability to walk in assistant principal at the Memphis Academy the Waterways Experiment Station in – Bud Boogie Beach, a sand beach with it and kick the water and all of that. We of Science and Engineering and had taught at Vicksburg, Miss. The facility used by volleyball nets around the gulf with the don’t try to emulate the up-and-down Carver High School and Booker T. Washing- the U.S. Army Corps of Engineers is the gulf as a swimming pool. The beach, kind of water change.” ton High School. 8 October 12-18, 2012 www.thememphisnews.com

FINANCIAL SERVICES financial services St. Louis Fed President Mortgage Market Talks New Bank Rules

| Increases 25 Percent andy meek The Memphis News

ANDY MEEK | The Memphis News sales during the month, when grams, and they’re trying to take September saw the ninth consec- advantage, which is the best the regional Federal Reserve president got a big ap- utive monthly increase over 2011. Fed can ask for. The benefit isn’t plause in front of an audience of Memphis business- Shelby County saw 1,272 home going to come into the economy Amen and bankers, acknowledging concern about hris Low, chief economist sales last month compared to the the way it has in prior cycles. For new rules that would force banks to build higher capital for First Horizon National 1,069 homes sold in September banks, it will be an extraordinarily cushions to absorb future losses. CCorp.’s capital markets 2011, according to Chandler Re- challenging environment for the An international organization has spent the last few division FTN Financial, has been ports. Low highlighted the signifi- next six months or so. The Fed is years working on those new standards, and countries on the road in recent days. cance of low interest rates during aiming at what has been one of around the world including the U.S. are in the midst of He’s been talking to commu- one of his semi-regular presenta- the most profitable places in bank either planning or writing their own regulatory framework nity banks and credit unions. And tions in recent days on the state of portfolios. It will require adept within which to implement those rules. Among concerns the picture they left with Low is the economy. managing of both lending and from critics: every dollar a bank is forced to hold back is a that the money they make from “Bankrate.com, which does investment.” dollar that’s not being lent out to consumers. mortgages is shrinking – that a national average of mortgage Some of September’s mort- Jim Bullard, president of the Federal Reserve Bank of St. the mortgage business is not as rates on a daily basis, has shown gage totals were down a little Louis, was the regional Fed president who spoke Thurs- profitable these days as it once record low rates every day for the from the prior month’s despite day to the Economic Club of Memphis, the day after both was, low interest rates being one past couple of weeks,” Low said. being above the year-earlier totals. presidential candidates participated in the first presidential reason. “We’re now at about 3.4 percent, Between August and September, debate of 2012 on economic issues. When interest rates are low, according to Bankrate.com, for a total mortgage volume fell to $106 The new rules Bullard referred to comprise the Basel one way to offset that is by just 30-year, fixed-rate mortgage on million from $127.5 million. The III capital agreement, and his issue is that agreement was making more mortgages. And to a average in the U.S. There have number of mortgages went to 693 hammered out largely with major border-spanning banks certain extent, that’s what banks been a couple of articles written in September from 845 in August, in mind, as opposed to smaller community institutions. and lenders across Shelby County suggesting mortgage rates haven’t but the average mortgage amount During the question-and-answer portion of the eve- are doing.Total mortgage volume come down as much as yields on climbed to $153,137 in September ning, one questioner alluded to the certainty of the end of throughout Shelby County last mortgage-backed securities, and from $150,915 in August. the world, a theme Bullard seized on to make a joke: The month was up 25 percent over because of that mortgage under- Some of the largest Memphis- Mayans, he said, actually mention the Basel III standards in September 2011, climbing to writers are printing bigger profits based banks reported mortgage their calendar prophesying the world’s end. a little more than $106 million on these deals than they have in volume increases over the two It got plenty of applause from a crowd that consisted in September 2012 from $84.7 the past. September periods. First Ten- largely of financial industry professionals tied in some way million during the same period “The data suggests some ex- nessee Bank’s September 2012 to community banking – the very people Bullard believes last year, according to real estate pansion of the mortgage pipeline mortgage volume, according to are likely to be hurt by the new standards. information company Chandler and some hiring, as long as the the Chandler numbers, was up Of course, just because something would hurt lending Reports. Similarly, there were profits are there. Eventually, we 74 percent over September 2011 doesn’t mean Bullard is against it solely for that reason. more mortgages made last month will see the benefits falling to (from $1.2 million to $2.1 million). “One of our problems is the policies we’re using are – 693, up from 565 in September homeowners.” Magna Bank’s volume during that encouraging borrowing in an economy that’s borrowed too 2011. Also, the average mortgage Some of the benefits, he goes same period was up 11 percent much,” Bullard said. “Markets are wondering – what’s next? amount rose to $153,137 last on, already are getting through. (from $6.6 million to $7.3 million). We need to get back to rule-like behavior. Get out of crisis month from $150,024 in Septem- “Mortgage refis are coming in mode.” ber 2011. at the highest levels since 2009,” Chandler Reports is a division After four years of pushing emergency-fueled economic That overall trend also cor- Low said. of The Daily News Publishing Co. policies, Bullard said, a crisis has ceased being a crisis. responds to the pattern of home “People are aware of the pro- Inc.

Understanding the Great Big Empty Bandwagon

Year-to-date the MSCI World and political hostility have convinced er, with Americans in dire need of rebuild- tween Jan. 1, 1992, and Dec. 31, 2011, the index has climbed 15 percent. The Dow investors that the stock market is rigged ing wealth, the cost of comfort has been return for the average equity fund investor Jones Industrial Average has climbed against them. Oddly, the “rigging” in the high. Over the same period, the Vanguard barely exceeded 3 percent. On the fixed in- within 5 percent of its all-time high. The stock markets pales in comparison to the Total Stock Market Fund has compounded come side, the average fixed income fund S&P 500 has returned “rigging” in the bond mar- at 15 percent annually. $100,000 invested investor returned less than 1 percent per 14.9 percent annualized kets. in the bond fund three years ago would year while the Barclays Aggregate Bond over the last three years. The U.S. Federal Re- have grown to $119,000 while $100,000 gained better than 6 percent. Of course Corporate earnings have serve has muscled infla- invested in the stock fund would have no investor considers himself or herself reached a record high. tion adjusted yields into grown to $152,000. average, but these numbers do suggest Has any of this inspired negative territory. Without Disobeying the Feds explicit asset al- that managing money from the gut can be investors? Fed intervention yields for location direction and pursuing “comfort” very, very expensive for those who are. Main Street investors savers would float higher. The cost this investor $33,000. With the “fiscal cliff” looming, Europe David S. Waddell have pulled $300 billion the worldly purpose of the intervention With the Fed now engaged in QE3, an recessing and China transitioning, there out of equity markets investor is to lure savers out of “safe” infinite commitment to squashing interest are a number of justifiable reasons to keep over the last two years. assets into “risky” assets. In rates, the push toward equities has only avoiding stocks and fondling cash. Just Despite record low yields, more than 50 other words the government has inter- strengthened. Will investors finally experi- remember that the list of anxieties was no percent of the $1.6 trillion investor’s house vened in a way to punish bond investors ence stock market seller’s remorse and shorter a year ago, the year before that, or at Fidelity resides in money markets and and reward stock investors – explicitly. hail the bandwagon? Possibly. Unfortu- the year before that. bond funds. Typically, rising markets at- Yet, Main Street investors associate bonds nately, the timing track record of Main David Waddell, who is regularly fea- tract capital, which fuels further advances. with safety and stocks with risk. To be fair, Street investors is abysmal. An often cited tured in the Wall Street Journal, USA Today Today, stock markets are suffering hor- the Vanguard Total Market Bond Fund has study published by researchers at Dalbar and Forbes, as well as on Fox Business rendous PR. High frequency trading, flash returned 6 percent annualized over the indicate that while the stock market (S&P News and CNBC, is president and CEO of crashes, botched IPOs, ponzi schemes last three years with low volatility. Howev- 500) advanced nearly 8 percent a year be- Memphis-based Waddell & Associates. www.thememphisnews.com October 12-18, 2012 9 Money&Markets Extra Surging stock prices can make value S&P 500 on a total-return basis is at an In addition to that, as an investor, the Why is that? investors nervous. They like to buy stocks all-time high. To me, the primary reason thing that worries me most is when inves- If you take the Anglo Saxon world out of when they’re cheap, and an ebullient why that is the case is that equities aren’t tors are complacent. When investors are the equation, stock as an asset class is Global market makes good buys tougher to expensive. complacent, they’re going to misprice actually quite small. Germany is less than find. But Harry Hartford says they still risk. It’s the mispricing of that risk that 5 percent of the world developed markets Insider exist, even though markets around the Still, even after the run up? creates the problem. Today, investors by market capitalization. France is about values Q&A world have jumped 20 percent over the Still. In aggregate, U.S. stocks are trading are nervous. If investors are pricing risk 5 percent in market cap. Together, they’re last 12 months. His firm manages $16 at 12 or 13 times their earnings. Non-U.S. correctly, then the risk of a bubble is about half the size of the U.S. population, Title: President of Causeway billion in assets, and its flagship mutual developed market stocks are on 10 or much reduced. yet the U.S. is about 45 percent of the Capital fund is the Causeway International Value 11 times earnings. That’s not an overly world’s market value. Management fund (CIVVX), which has Morningstar’s demanding valuation. Some say a bubble is forming in So there’s a less developed equity gold rating. Its biggest holding is British dividend stocks, because investors culture outside the U.S. So when a What he American Tobacco. Even if you don’t believe earnings will are scrambling for yield amid low U.S. investor sees that their yield on suggests: keep growing? interest rates. the 10-year Treasury is fading below 2 Stocks are better buys Are you surprised stocks have done Even if you don’t believe the earnings. Stocks in the United States that percent, they’re willing to buy an asset than bonds so well given the long list of worries, In the case of non-U.S. stocks, let’s investors have gravitated toward as a that is deemed to be higher risk in the from the U.S. fiscal cliff to Europe’s assume earnings fall by 30 percent. substitute for bonds, they are expensive form of an equity. That is less developed debt crisis to China’s slowing That would put them at 13 or 14 times relative to their history. But it’s less so overseas. Harry Hartford growth? earnings. That would still only be at overseas, nowhere near the shift that All of these things are out there, yet the the average over the last 20 years. has occurred here. Answers edited for content and clarity. AP Easy pickings BEHIND THE BRAND SMART B ALANCE (SMBL) In the old days of investing, say six years ago, looking for safe investments are behind the decline. investors had to hunt for stocks that paid a bigger But more companies have also been hiking their dividend yield than the 10-year Treasury note. Now, they dividends, which boosts the yield. Stronger profit need do little more than get a list of companies in the growth since the recession ended has enabled 254 of Standard & Poor’s 500 index, shut their eyes and point. the stocks in the S&P 500 to increase their dividend Investors have almost a Percent of S&P 500 companies that offer so far this year. That is up 6 in 10 chance of getting a from 242 through the first dividend yields greater than the 10-year Treasury Healthy profits hit. That’s up from just 1 in nine months of 2011 and 177 100 in 2006, according to during the same period of 57 Growing demand for healthier food increased on an annual basis each Wells Fargo Wealth 2010. S&P 500 companies 50% choices has helped keep Smart of the past three years, and are Management. The main 48 have reported earnings 45 Balance financially fit. projected to trump last year’s total. reason is that the yield on 40 growth for 11 straight The company makes heart- Investors have taken notice, the 10-year Treasury is so quarters, though that streak friendly and gluten-free products, driving shares of the health-food low. It has fallen to 1.7 30 may be at risk. Third-quarter as well as those catering to maker up more than twofold so far percent from its perch earnings season began vegetarians and people looking to this year. above 5 percent during the 20 Tuesday. lose weight. Its sales have Smart Balance’s growth over summer of 2006. Efforts to Here are three stocks that the past year has been driven by 15 keep interest rates low by 10 financial analysts recommend two key acquisitions. In August 11 12 Thursday’s close: $12.00 the Federal Reserve and 1 with dividend yields well 2011, it acquired Glutino Food 6 6 6 Price-earnings ratio: 100 strong demand for 0 above the 10-year Treasury’s Group, a manufacturer of Treasurys from investors ’03 ’04 ’05 ’06 ’07 ’08 ’09 ’10 ’11 ’12 1.7 percent yield. (based on last 12 mos.) gluten-free foods. In June, Smart 52-week price range Balance bought Udi’s Healthy Sizable dividends: These picks beat the 8 percent annualized return of the S&P 500 over 10 years. $5 $13 Foods, making it the fourth-largest Avg. broker marketer of natural foods. Company Thursday’s 52-week Dividend Total return rating 1-yr. stock change: 74.4% The acquisitions also have triggered a major reorganization, close range yield 1-yr 10-yr^ SELL HOLD BUY 1-yr. S&P 500 change: 19.9% which the company announced Market value: $710 million LyondellBasel (LYB) $51.35 $26-54 3.1% 118% * 1.2 earlier this month. A maker of basic chemical compunds, as well as gasoline and jet fuel. 2011 revenue: $274 million Smart Balance plans to move its headquarters from New Jersey Invesco (IVZ) $25.01 $17-27 2.8 52 13% 1.2 Avg. broker rating: to Colorado next year and split its The investment company’s PowerShares brand of ETFs has attracted $7.6 billion this year. SELL HOLD BUY business into two segments, Smart Balance and Natural. It’s Stanley Black & Decker (SWK) $71.23 $55-82 2.7 32 12 1.3 also changing its name to Boulder The strengthening housing market helps the maker of DeWalt and other power tools. Brands.

Source: FactSet; Wells Fargo Wealth Management *began trading in 2010 ^annualized Stan Choe, Jenni Sohn • AP Source: FactSet Data through Oct. 11 Alex Veiga, Jenni Sohn • AP

LocalStocks 52-WK RANGE CLOSE YTD% 1YR% 52-WK RANGE CLOSE YTD% 1YR% COMPANY TICKER LO HI CLOSE THUR. %CHG WK MO QTR CHG RTN P/E DIV COMPANY TICKER LO HI THUR. CHG %CHG WK MO QTR CHG RTN P/E DIV AT&T Inc T 27.41 8 38.58 36.26 -.66 -1.8 t t t +19.9 +32.6 48 1.76 Medtronic Inc MDT 32.26 9 44.79 42.82 +.27 +0.6 t s t +11.9 +29.7 12 1.04 t s s AutoZone Inc AZO 313.11 8 399.10 374.35 -3.00 -0.8 +15.2 +13.8 16 ... Merck & Co MRK 31.82 0 46.54 45.45 -.15 -0.3 t s s +20.6 +46.2 21 1.68 9 t t s BancorpSouth BXS 8.57 15.69 14.81 ...... +34.4 +51.2 19 0.04 Mid Amer Apartments MAA 55.12 6 70.22 63.37 -.24 -0.4 t t t +1.3 +9.4 33 2.64 Boyd Gaming BYD 5.17 4 9.75 6.61 -.06 -0.9 t t t -11.4 +14.2 47 ... Monsanto Co MON 67.09 9 92.20 88.49 -.81 -0.9 t t t +26.3 +22.8 23 1.50f Buckeye Technology BKI 24.08 5 38.50 30.61 -.18 -0.6 t t t -8.5 +15.3 15 0.32 Mueller Inds MLI 35.56 9 50.83 48.87 -.23 -0.5 t s s +27.2 +16.8 25 0.40 Community Hlth Sys CYH 15.97 9 30.00 28.15 +.22 +0.8 t s t +61.3 +59.8 10 ... 1 s t s Corrections Corp CXW 20.14 0 35.16 33.87 +.19 +0.6 r t s +66.3 +53.6 23 0.80 Navistar Intl NAV 19.79 48.18 22.61 +.62 +2.8 -40.3 -38.8 dd ... t t r Cummins Inc CMI 82.20 1 129.51 86.49 -1.30 -1.5 t t t -1.7 -4.9 9 2.00f Nike Inc B NKE 85.10 4 114.81 94.90 +.68 +0.7 -1.5 +5.4 21 1.44 Delta Air Lines DAL 7.08 6 12.25 9.75 -.09 -0.9 t s s +20.5 +22.2 6 ... Pinnacle Entert PNK 8.89 8 12.66 11.56 +.25 +2.2 t t t +13.8 +14.9 14 ... t t s Dillards Inc DDS 42.54 9 79.23 74.91 +1.38 +1.9 +66.9 +60.2 8 0.20 Regions Fncl RF 3.42 0 7.73 7.62 +.07 +0.9 s s s +77.2 +110.8 18 0.04 3 t t t Dover Corp DOV 50.14 67.20 55.25 +.03 +0.1 -4.8 +7.6 12 1.40f Renasant Corp RNST 12.95 9 20.45 19.60 +.11 +0.5 t t t +30.6 +44.5 20 0.68 DuPont DD 42.53 5 57.50 48.78 -.34 -0.7 t t t +6.6 +17.7 13 1.72 Smith & Nephew PLC SNN 42.63 8 56.32 52.34 ...... t t t +8.7 +17.5 75 1.04e Education Realty Tr EDR 8.52 6 11.81 10.21 -.04 -0.4 s t t -0.2 +13.8 dd 0.40f Smucker, JM SJM 70.50 8 87.81 83.56 -.06 -0.1 t t t +6.9 +16.5 20 2.08f FedEx Corp FDX 72.01 8 97.19 90.00 +.01 ... s t s +7.8 +23.0 14 0.56 0 t s s Fst Horizon Natl FHN 6.20 8 10.99 9.95 +.24 +2.5 s t s +24.4 +53.8 dd 0.04 Suntrust Bks STI 15.79 30.79 30.19 +.53 +1.8 +70.6 +58.3 19 0.20 t s s Freds Inc FRED 11.04 6 15.98 13.90 -.18 -1.3 t t t -4.7 +27.3 15 0.24 Synovus Fincl SNV 1.14 0 2.51 2.44 +.08 +3.4 +73.0 +98.3 dd 0.04 GTx Inc GTXI 2.34 6 6.55 4.60 +.06 +1.3 s s s +36.9 +27.9 dd ... Sysco Corp SYY 25.85 9 31.90 31.25 +.09 +0.3 t s t +6.5 +23.3 16 1.08 t t t Ingram Micro IM 14.42 1 19.80 14.87 +.04 +0.3 -18.3 -20.3 8 ... Trustmark TRMK 19.10 8 26.35 24.53 +.05 +0.2 t t s +1.0 +26.4 14 0.92 0 s s s Intl Paper IP 24.62 37.38 37.24 +.63 +1.7 +25.8 +50.0 14 1.20a Tyson Foods TSN 14.07 3 21.06 16.11 +.05 +0.3 t t s -21.9 -9.1 12 0.16 Isle Capri Casino ISLE 3.90 7 7.92 6.48 -.09 -1.4 t t t +38.8 +26.3 dd ... UPS class B UPS 66.46 4 81.79 72.30 +.04 +0.1 t t s -1.2 +9.8 18 2.28 Kellogg Co K 46.33 6 55.30 51.60 +.17 +0.3 t s t +2.0 -1.6 16 1.76f Utd Technologies UTX 70.41 4 87.50 76.05 +.03 ... t t t +4.0 +5.8 13 2.14f Kirklands Inc KIRK 8.50 3 17.42 10.43 -.01 -0.1 t s s -21.6 +2.4 13 ... 7 t t t Kroger Co KR 20.98 7 24.83 23.32 +.02 +0.1 t t t -3.7 +3.8 22 0.60f Valero Energy VLO 19.12 34.36 29.14 -.33 -1.1 +38.4 +43.0 7 0.70f t t t LifePoint Hosp LPNT 34.32 8 43.87 41.75 +.15 +0.4 t t t +12.4 +13.4 13 ... Verso Paper Corp VRS 0.85 3 3.36 1.52 -.02 -1.3 +58.3 -9.4 51 ... Macy’s Inc M 27.08 9 42.17 39.23 +.23 +0.6 t t s +21.9 +43.3 12 0.80 Wright Medical Grp WMGI 13.57 9 22.59 21.42 -.27 -1.2 t s t +29.8 +20.6 58 ...

Dividend Footnotes: a - Extra dividends were paid, but are not included. b - Annual rate plus stock. c - Liquidating dividend. e - Amount declared or paid in last 12 months. f - Current annual rate, which was increased by most recent dividend announcement. i - Sum of dividends paid after stock split, no regular rate. j - Sum of dividends paid this year. Most recent dividend was omitted or deferred. k - Declared or paid this year, a cumulative issue with dividends in arrears. m - Current annual rate, which was decreased by most recent dividend announcement. p - Initial dividend, annual rate not known, yield not shown. r - Declared or paid in preceding 12 months plus stock dividend. t - Paid in stock, approximate cash value on ex-distribution date. PE Footnotes: q - Stock is a closed-end fund - no P/E ratio shown. cc - P/E exceeds 99. dd - Loss in last 12 months. 10 October 12-18, 2012 www.thememphisnews.com

Is Your Family sports Recession Proof?

Ray’s Take People make all kinds of predictions about the economy and someone is bound to be right, for good or for bad. If those predicting another reces- sion actually get it right, are you prepared to ride it out? An important part of financial planning is preparing for potential setbacks like a pay cut, job loss or health setbacks. Making lifestyle changes now to better secure your future is the best course to follow. Even if another reces- sion doesn’t come around, ray & dana Brandon rays of wisdom you’ll still be more prepared for any other curve balls life might throw at you. If yours is a two-income family, that gives you an advantage: if one of you is laid off, there’s still a pay- check coming in. However, you can also use that ad- Photo: Lance Murphey vantage right now. Try to live as much as possible on The Mike Rose Soccer Complex stadium is home for the University of Memphis men’s and women’s teams. The one salary and save the other to build up an emer- facility’s 16 regulation fields and 2,500-seat stadium also play host to numerous tournaments annually. gency fund capable of covering all your expenses for 12 months. These funds should be easy to access and in addition to your regular retirement savings. If you have any debt, pay it off. The last thing you need when tough times come is pre-existing debt weighing you down. Along these same lines, put off Soccer Effect any major expenditures – like a car or big vacation – you might finance. Save for them, you’ll enjoy them Mike Rose complex at heart of sport’s growth, economic impact much more if they’re pre-funded. This might also be a good time to examine your spending patterns and see where you can cut back. DON WADE | Special to The Memphis News From eating more home-cooked food to axing pre- mium cable channels to eliminating morning coffee stops, there are probably some fairly painless ways to stretch your budget. ike so many good ideas, the average hotel cost of $125 per day This year, she said they expect If you prepare and this possible recession does one for the Mike Rose Soccer and $250 in other expenditures, such somewhere between 7,000 and 7,500 not happen, you’ve just made important strides LComplex had buy-in from as restaurants and entertainment, games will be played at the complex. toward your future economic independence; and several quarters. over those two days. “So our challenge,” she added, “is that’s always a good thing. One last thing – reces- The late John C. Talley developed And remember, this is just for making sure we have grass. We have an outstanding maintenance staff.” sions are part of the deal. You don’t have capitalism the business plan. Then Shelby four tournaments. This year, the County Mayor Jim Rout supported complex has 20 tournaments – of Larry Creson, 48, executive direc- and get equity returns without them and no one has the concept. The corporate commu- various sizes – on the schedule. Each tor of the Mid-South Futbol Club repealed the business cycle. Prepare for them, deal nity believed the complex could be a year, Lacon says, they book about and a former pro player for the old with them and be grateful for the benefits that the success, and the soccer community 28,000 rooms through their hotel indoor league Memphis Storm, still system as a whole provides. was starving for a state-of-the-art program. Out-of-town teams are re- sounds stunned at the quality of the facility that could change soccer’s quired to reserve rooms at one of the fields available to young players. Dana’s Take footprint in the area. complex’s “preferred” or “approved” “They are playing on surfaces I Too many recent college grads are folding shirts “John would be very pleased and hotels, standard operating procedure never got to play on coming up,” he in department stores. In a recession it’s more im- proud with how soccer has grown for a soccer or baseball complex. said. portant than ever to invest in an education that will in Memphis,” said Kim Talley, John’s Courtyard by Marriott Collier- “It makes players want to play,” equate with earnings in the workplace. That’s why I wife, and general manager at the ville, which is near the Mike Rose said Paul Furlong, executive director applaud the Tennessee Higher Education Commis- complex, which opened in August Complex just off Tenn. 385 where of the Collierville Soccer Association. sion (THEC) for publishing data comparing first year 1998. Memphis and Collierville come “Although they may take it a little for earnings for graduates of different degree programs “Soccer wouldn’t be what it is in together, is one of the “preferred” granted now.” and schools in the state. Anyone considering paying Memphis without this facility,” said hotels. The Mike Rose Soccer Complex for – or borrowing for – higher education would assistant GM Simon Lacon. “They’re one of our top three ac- has been around long enough that benefit from visiting www.collegemeasures.org. As important as the complex has counts,” said Cindy Kinard, the ho- growth has occurred in many ways. This eye-popping data spell out earnings for been for soccer, it has been just as tel’s director of sales. “They provide a Adult league participation, for ex- graduates of each branch of the University of Ten- successful for Memphis-area busi- lot of weekend business.” ample, has grown from around 400 nessee, University of Memphis and community ness. When out-of-town teams come The hotel also has the advantage players to about 2,000, Lacon said. colleges. Fields of study appear to have the biggest in for tournaments – and even in- of being at The Avenue Collierville. When the Talley’s son, Carey, was impact on earnings, with engineering, technology ternational squads have to come to “All the soccer moms, they love still playing professionally in MLS and health care hitting the jackpot. Using resources Memphis to play at Mike Rose – they the mall,” Kinard said. he’d bring in players once a year for a wisely is the best way to survive a recession. Educa- bring not just coaches and players, For players and coaches, of fundraiser to benefit the John C. Tal- tion, when carefully chosen, can be a useful tool for but family and friends. course, it’s about the fields. Mike ley Pediatric Neurological Research getting ahead in a floundering economy. A recent U.S. Soccer Federation Rose has 16 FIFA regulation fields, Fund. In recent years, they’ve held a Ray Brandon is a certified financial planner and report calculated economic impact plus the 2,500-seat stadium field that benefit golf tournament. CEO of Brandon Financial Planning (www.brandon- for four major tournaments to be was dedicated in 2001 and serves as As for what might come next for planning.com). His wife, Dana, has a bachelor’s de- most likely just under $7 million the home field for the University of the Mike Rose Soccer Complex, Kim gree in finance and is a licensed clinical social worker. for a metro area such as Memphis, Memphis men’s and women’s soccer Talley isn’t quite ready to say, but one Contact Ray Brandon at raybrandon@brandonplan- but possibly almost $8 million. And programs. gets the feeling there is another idea. ning.com. that’s not counting local attendees. “And if other college fields are “There might be something The calculations are based on an flooded, they come play at Mike down the road,” she said with a average stay of two nights, with an Rose,” Talley said. smile. “Who knows?” www.thememphisnews.com October 12-18, 2012 11

small business community Workshop to Remind Campaign Targets City’s Homelessness Leaders Cash is King bill dries | The Memphis News

ANDY MEEK | The Memphis News

or three days last week, a group of volunteers assembled Downtown before dawn at Calvary uthor, business coach and wrestle with cash flow problems in a workshop, Synk will be introducing FEpiscopal Church and from there spread out strategy expert Michael Synk few ways. Triumph is the sponsor of the “cash conversion cycle” and case across the county looking for the homeless. Ahas a three-word phrase that the “Cash Decision” piece of Synk’s studies that demonstrate ways to sig- The new effort is an addition to the twice-a-year he describes as the most impor- workshop. nificantly improve a business’ cash “connect,” or census, in which the local “Commu- tant rule about growing a business: “I’ve looked at some recent that work with all types of organiza- nity Alliance For The Homeless Inc.” tries to get an Growth sucks cash. surveys about this, and what’s really tions. idea of the general population of homeless in the “Cash is the fuel of the business,” interesting about this is they say The bottom line, as far as Synk county and offer a wide range of services. This effort Synk said. “You run out of cash, the about 45 percent of business owners is concerned: “Strategy and execu- was to determine those most in need of housing race is over, no matter how good say that not being paid on time is the tion are easier if you have more cash. and medical attention and support services. your people, strategy and execution biggest impediment to cash flow,” More cash means more options.” “This is really focused on creating a systematic are.” Gentry said. “And what’s interest- His workshop will begin at 8:30 restructuring to how we place people into hous- Cash, therefore, is one of a criti- ing is only less than a third ever ask a.m. in the Fogelman Executive Cen- ing, which is by vulnerability – those most likely to cal series of decision points Synk will their bank for help, which is kind of ter at the University of Memphis and die without our help,” said alliance director Katie lay out for growth-hungry business surprising. finish by 5 p.m. Kitchin. “These aren’t just ideas that people might leaders this month at The In-Synk “That creates an opportunity for At the end of the day, attendees get sick. They are actually getting sick all the time. Plan Forward Workshop, sponsored us, because we need to be asking will leave in part with a baseline They do much better when they are housed. in part by The Daily News. those questions. strategic plan and a checklist for The effort in Shelby County is part of the nation- The workshop, scheduled to “I’ve been doing this about 24 execution. al “100,000 Homes” effort. The name of the effort is be held Oct. 18 at the University years, and part of what I do when I In addition to The Daily News the goal across the nation by July 2013. The housing of Memphis, focuses on the Four talk to somebody is I ask them, ‘Tell and Triumph, other sponsors of the includes support services and case management Decisions model, a strategic plan- me about your cash flow cycle. Tell event and the decision points those that is already secured. With that in place, Kitchin ning model popularized by the book me about your seasonality. Tell me sponsors are tied to include Adams says those placed in housing are more likely to “Mastering the Rockefeller Habits” what your terms are and how your Keegan Inc. (People Sponsor), Cen- make the transition away from living on the streets and offered through Gazelles Inter- clients are paying you.’” tury Wealth Management (Strategy on a permanent basis. national. Gentry said he thinks bankers Sponsor) and Decosimo Certified A total of 259 homeless citizens took the survey The model refers to the key deci- need to do a better job asking about Public Accountants (Execution locally. Kitchin estimates from past census efforts sions that leadership teams have cash flow issues like these, includ- Sponsor). and “connects” that the number is “a large propor- to get right in order to grow, and ing the cash cycle and seasonality The workshop is $500 per person, tion” of those in the most critical need. those four decisions are built around patterns. $400 per person for teams of four In the next few weeks, the alliance will work with people, strategy, execution and cash. “Entrepreneurs wear so many or more, $400 for Young Presidents those surveyed to verify medical conditions they The workshop is organized hats that a lot of times the one thing Organization, Entrepreneurs Orga- self reported. But 135 of the 259 were considered around those four decisions and they hate to do is ask for money from nization, Vistage, Clarity Council, “vulnerable” by the self-reporting standards. Of the teaches the participants how to ad- their customers,” Gentry said. “They and Society of Entrepreneurs Insight 259, 130 said they had “serious medical concerns.” dress them better and then coordi- have to treat it as part of their busi- Group Members. Mental health problems were reported by 140 and nate them into a one-page strategic ness, something they do every day, To learn more, visit www.in-synk. substance abuse problems by 197. plan. and not treat it as something they com or www.planforwardworkshop. The average length of homelessness for those Ed Gentry, chief lending officer don’t like to do.” com, call 488-8172 or email msynk@ in the vulnerable category was nine years. And the at Triumph Bank, sees business During the cash portion of the in-synk.com. average age was 49.

Nonprofit Lessons Can be Learned From Big Bird

Are you prepared for your 15 into the local or national limelight? Would creating a quick video? Could you drive tion were drawn into the public eye in a minutes of fame? Or more precisely, you be in a position to capitalize on the people to your website, launch a give-by- negative way. Think Penn State University your nonprofit organization’s 15 minutes publicity? What if text campaign? Thank and Jerry Sandusky? Do you have a crisis of fame? What if you were the Public people – hundreds or everyone? management plan that can help guide you Broadcasting System, home to Big Bird hundreds of thousands If would be great if through the challenging times? Again, are of Sesame Street fame, and a presidential – suddenly started vis- all opportunities were there people you can call on to help you? candidate put you on the chopping block iting your website? Or planned; that we knew Governor Romney’s comments cre- in front of 70 million television viewers? better yet, making $10 in advance when oppor- ated an unanticipated whirlwind com- You may recall presidential candidate gifts using the “donate tunity would knock and plete with a guest appearance by Big Mitt Romney’s now-famous quote during now” button on your could be dressed for the Bird on Saturday Night Live. Sometimes his first debate with President Barack site? MEL & Pearl shaw occasion. the things we say have an effect that is Obama. How does your FUNdraising But that’s not always different from our intentions. It’s part of He told the moderator, Jim Lehr of website look? Does it the case. So here’s our life – the part where we learn to laugh at PBS, “I’m sorry Jim, I’m gonna stop the tell your story? Is it integrated with your take-away regarding the Big Bird dust-up ourselves and accept our imperfections. subsidy to PBS, I like PBS, I love Big Bird, I donor management software so you can – be prepared. Invest in your fundraising, But, if your nonprofit can capitalize on actually like you too, but I am not going to track and respond to people who give your messaging and technology. an unanticipated moment in the spotlight, keep spending money on things to borrow electronically? Do you have easy-to-use Think about how you could respond if do so. money from China to pay for.” talking points your leadership can use to your organization received unanticipated Mel and Pearl Shaw are the owners It went viral from there with tweets, get your story out? positive attention. How would you take of Saad & Shaw. They provide fundrais- videos and blog postings lighting up the Would you be in a position to craft a advantage of it? Who could you call on to ing counsel to Memphis, the Mid-South internet. Here’s the question – what if quick and witty response that could be help you? and the nation. Visit them at www.saa- your organization was suddenly thrust tweeted to your followers? What about Conversely, what if your organiza- dandshaw.com or call 522-8727. 12 October 12-18, 2012 www.thememphisnews.com

sports

FOOTBALL Tigers Weather Elements, Past

To Give Fuente First Victory DON WADE | Special to The Memphis News

After an 0-4 start, Memphis gets into the win column with a 14-10 defeat of Rice before hundreds

f the first victory of the Justin Fuente Era proves to be something of a turning point for the University Iof Memphis football program, it will be remem- bered differently in the days and years ahead. The score – Tigers 14, Rice 10 – may be recalled accurately, but that will be about it. The cold and rainy conditions? Those precious few Tigers fans that were there at the end in Liberty Bowl Memorial Stadium on Oct. 6, 2012 – all 173 of them – will remember the night as colder, rainier. They may even conjure up a snowflake or two. After decades of returning frustration and two years of utter misery under Larry Porter, they’re entitled. “They’re tougher than we are,” said cornerback Robert Steeples. “I was running around to stay warm. We should give them all game balls.” Here, here. To be a dedicated Memphis football fan is to first to engage in redundancy. If you’re a fan

Memphis Tigers quarterback Jacob Karam (9) cel- ebrates with wide receiver Marcus Rucker (18) after the final play against Rice at Liberty Bowl Memorial US PRESSWIRE Photo: Nelson Chenault Stadium last week. Memphis beat Rice 14-10, giving first-year head coach Justin Fuente his first win.

Fans Behaving Badly? We’ve Seen Much Worse

As a sports writer, there are on the wrong side of the law – players a blind eye to steroids after a players’ certain obligations. One is to second- collect DUIs like Groupons – or cheat- strike wiped out a World Series. Home guess coaches at every opportunity. ing in some way (steroids, Bounty Gate, runs were bringing the game back, Since virtually no coach in the NFL or grades, accepting money from a booster, making turnstiles click and cash regis- college football can manage the clock, etc.). ters ring, and baseball wasn’t about to and some basketball coaches still stub- THE PRESS BOX I know, now I am starting sound cleanse itself at the expense of record bornly refuse to foul to avoid getting beat DON WADE morally outraged. And I guess I am to the revenues. by a 3-point shot, that one’s pretty easy. extent that it seems like the fan is always So while the last couple of weeks However, there is also this expecta- at the sight of injured quarterback Matt the first to get stepped on. Some pun- haven’t offered fans at their best, we’ve tion that you will seize all opportunities Cassel are “sickening” and “disgusting,” dits, in a rush to denounce Fans Behav- seen worse. Fans in Atlanta and Kansas to express moral indignation because to quote Chiefs offensive lineman Eric ing Badly, have gone too far and, quite City did not cost their team a game or everyone knows there is no higher moral Winston. conveniently, failed to recognize the re- play a part in falsely breaking hallowed authority than a sports writer. That one’s But let’s step back from the obvious cent past. Namely, that just a few weeks records. not so easy. Or at least I can’t work up for a moment and consider this. In both ago the NFL was treating all its fans like a They scraped enough quarters to- enough energy to climb on my high cases, fans overreacted out of emo- bunch of schmucks by continuing to use gether to fill the seats and got caught up horse and lecture fans for bad behavior tion because they want so much to win replacement officials because the league in the moment while buying $5 hot dogs based on two recent, isolated, instances. and hate so much to lose. The events in didn’t want to pay the freight to work out and $9 beers. As long as they keep doing I agree that Braves fans should not question happened late in the games, a deal with the real officials. Meantime, that, they’ve earned a little grace. have littered Turner Field with bottles perhaps after a bit of thirst-quenching. Green Bay Packers fans saw their team Don Wade’s column appears weekly and other debris after an umpire made And again, these were isolated instances. lose a game it shouldn’t have lost. in The Daily News and The Memphis a garbage call that went against Atlanta Now, balance that truth against This self-serving act isn’t new. Base- News. He and Jon Albright host the Jon & in a playoff game. I also agree that those the fact that the fan has to put up with ball, which decades ago had its owners Don Show on Sports 56 AM and 87.7 FM Kansas City fans, who cheered, booed, daily revelations about pro and big-time found guilty of collusion in an effort to from 6 p.m. to 7 p.m. Tuesdays through smiled or merely felt their hearts warm college athletes and coaches ending up hold down player salaries, happily turned Thursdays. www.thememphisnews.com October 12-18, 2012 13

sports

at all, you are dedicated beyond all rea- ning back Carl Harris (68 yards on 15 car- football game? On Oct. 22, 2011, over son. So if this was the start of something, ries) and junior college transfer Brandon Tulane. One of two wins against 10 losses. well, new, we can forgive those fans who Hays (51 yards on six carries), the Tigers Or taking the Porter Era as a whole, one of came and were chased away by the rain, began pushing the ball downfield; start- three wins against 21 losses. lightning and a 10-0 Rice halftime lead. ing running backs Jai Steib and Jaquise Obviously, the Tigers’ victory over Rice We can even forgive fans who never made Cook each lost first-half fumbles. does not make the radar beyond Dave it out of their driveway. “For an O-lineman, it’s great when a Brown’s neighborhood. But in Memphis, The Tigers were 0-4 heading into this running back refuses to go down,” said it qualified as a hurricane of emotion. So game. They had started the season with senior Jordan Devey. “The O-line, we were when the victory was secure, the coach a loss at home to UT Martin, previously sticking together even though we had got a Gatorade bath and Karam ran over unthinkable, and lost by 18 at home to some position changes.” to the band and led the singing of the Middle Tennessee. It’s enough to test Fuente used both starter Jacob school fight song, which, for once, was a anyone’s blind faith. The kids wanted Karam and Eric Mathews at quarterback. victory song. And truthfully, with the Tigers down to go back out and Though the Tigers threw the ball just 14 Afterward, he spoke of the team hav- 10-0 at the half, the expectation along play. They really times, they were quietly efficient. Karam ing “a little swagger, momentum … .” cynics row – the press box – was that the finished 8-of-12 for 70 yards with one It’s what a giddy college kid says Tigers would come out for the weather- did. They’re getting touchdown. Mathews was 1-for-2, his one when he’s in the moment. It’s also human delayed second half and dutifully take more invested in the completion an 11-yard TD. Neither threw nature when you finally receive some their beating. program. When you a pick. reward for hard work in the face of relent- Instead, they played with a renewed “ Rice won’t ever be confused with a less adversity. do that, it becomes energy while the Rice Owls played as harder to quit.” good team (now 1-5, 0-3 in Conference “We’re 1-0 in conference,” Huelsing though the hour had grown too late. USA), but the Tigers’ defense did shut said, and it’s an indisputable fact. “Coach has been talking about enthu- – Justin Fuente down an offense that had averaged 30.2 “Overwhelming pride,” Devey said siasm feeding the flame,” Steeples said. Tigers head coach points per game. with a grin. “It feels good to win.” “The kids wanted to go back out “The defense was outstanding,” Feels like the first time. and play,” Fuente said. “They really did. Fuente said. They’re getting more invested in the “It was a day defensive guys like – wet, The University of Memphis’ next game program. When you do that, it becomes cold, trouble throwing the ball,” said de- is at East Carolina University on Saturday, harder to quit.” fensive back Mitch Huelsing. “Every play Oct. 13. The Tigers return home for a game There was no quit in the Tigers on this we stuck to our jobs to go get a win.” against the University of Central Florida night. Turning to redshirt freshman run- The last time the Tigers had won a on Saturday, Oct. 20. 14 October 12-18, 2012 www.thememphisnews.com

COVER STORy

Volunteers Sierra Ellis, from left, Herschel Wells and wife Mary Wells make calls to voters at the West Tennessee Democratic Resource Center. Because Tennessee is not considered a swing state, many calls are going to voters in battleground states. political outsourcing

In a non-swing state, campaign supporters take fight, resources elsewhere

We all know that Story by bill dries : Photos by LANCE MURPHY Tennessee is not a swing state. More than t has been 12 years since Shelby And that job is as outsourced politi- Club of Memphis asked, “Did you know likely he (Obama) won’t County voters have encoun- cal labor and fundraising to fuel the Mitt you can help Romney-Ryan win in swing carry Tennessee. What tered a Democratic or Republi- Romney and Barack Obama campaigns in states without leaving TN?” we’re asking the local can presidential nominee on the other states. Ryan raised that million dollars in a “ general election ballot who had “We all know that Tennessee is not campaign event that lasted less than an Democrats to do is to make calls and assist in some kind of political presence a swing state. More than likely he won’t hour. in the region, if not the city, be- carry Tennessee,” Shelby County Demo- “The people here in Shelby County efforts where the margins fore they made their bid for president. cratic party chairman Van Turner said of and across Tennessee are contribut- are close but he can win. IIn that time, Democratic and Repub- President Barack Obama. ing time and money to efforts that are The primary ask from the lican states have been reclassified as blue “What we’re asking the local Demo- taking place in some of the so-called state (campaign) to us or red, respectively. But with Tennessee crats to do is to make calls and assist in battleground states,” said Shelby County has been to make calls solidly Republican, Shelby County is a efforts where the margins are close but he Republican party chairman Justin Joy. blue dot in a sea of red. can win. The primary ask from the state “That’s where I think both campaigns and do what we can to And no one on either side of the par- (campaign) to us has been to make calls realize the presidential contest will be assist in North Carolina.” tisan divide locally expects that to change and do what we can to assist in North decided.” in the 2012 presidential general election. Carolina.” That was also the case four years ago – Van Turner Shelby County Democratic party chairman Early voting in advance of the Nov. 6 A tweet from @TNGOP on the same for local Democrats and Republicans. Election Day begins Wednesday, Oct. 17, day that Republican Vice Presidential But it is the race at the top of the ballot in Shelby County, but each side still has its nominee Paul Ryan raised $1 million at that makes the presidential general elec- job to do here. a September fundraiser at the Racquet tion cycle the most popular in terms of www.thememphisnews.com October 12-18, 2012 15

I think there is certainly a sense of a very strong desire of change in this election too, specifically in terms of changing who the current“ president is. We are a very solid red state. I think it’s fair to say that both campaigns have recognized that. I think that goes to efforts being made from Tennessee in terms of time and effort and money.”

– Justin Joy Shelby County Republican party chairman

Local Races Enliven Nov. 6 Election Day

The presidential race at the top of Nov. 6 ballot is what brings local voters The candidate recruitment committee meets at Shelby County Republican Campaign Headquarters. Republican party chairman to the most popular election cycle in Justin Joy acknowledged that Tennessee is a “very solid red state,” but that hasn’t stopped supporters from campaigning. terms of voter turnout in Shelby County. But the rest of the ballot confirms 2012’s status as a local election year in which the candidates have to share the spotlight with ballot questions. The Nov. 6 ballot is a bit brighter spotlight for candidates than the Aug. voter turnout – ranging from 60 percent to tions. And the much smaller turnout in must now. You are reaching a whole new 2 ballot. 75 percent turnout in Shelby County. the earlier presidential primaries may be group of potential voters when you do November’s ballot includes six sets of school board races for the municipal It is the only election cycle in Shelby a different kind of voter. that.” school districts being formed by each County in which more than half of the Santorum and Huckabee carried Yet those on the social media tools for of Shelby County’s six suburban towns county’s voters have turned out consis- Shelby County and the state in the GOP both campaigns have, at times, taken to and cities. With those races decided, the tently every four years – both before and primary in 2008 and 2012. Neither was their own personal accounts to vent some new school boards would take office since 2000 when the turned red as George the Republican nominee. In 2008, Obama frustration and to question traditional immediately with goals of appointing superintendents for their new school W. Bush beat former U.S. Senator Al Gore carried Shelby County while then-U.S. tactics like phone banking and voter systems by the end of 2012. in his home state. Sen. Hillary Clinton carried the state in registration in a county where historically In Millington all five school board races are one candidate affairs decided Today’s campaign stops are briefer the Democratic primary. voter registration levels have been high at the filing deadline. and often involve either fundraisers In four years, Joy said local sentiment even when voter turnout is low. Several Millington’s move to municipal closed to the public or stops that are very has changed. It’s not necessarily enough tweets have wondered whether phone schools was in jeopardy when the certified vote count from August showed brief appearances without a pitch to vot- change that Romney will carry Shelby banking really works any more, especially the sales tax hike to fund the schools ers. County. But Joy expects more of a local when it is to out-of-state voters. lost by three votes. But this month Chancellor Arnold Goldin ordered Memphis has been a popular destina- Republican response to the prospect of The Tennessee Democratic Party sent the vote count changed to show the tion for visits from politicians, however, unseating an incumbent Democratic Zack Brown to Memphis by this summer measure passed. Millington leaders and the Shelby even if the trips weren’t political in nature. president. to work on a goal of registering 20,000 County Election Commission agreed Michelle Obama came through in “I think there is certainly a sense of a new voters in Shelby County. to the new vote count after the city of June for a closed fundraiser the day the very strong desire of change in this elec- “We have so far pursued, I would say, Millington filed suit to contest the results. That means no second vote on the U.S. Supreme Court upheld the Afford- tion too, specifically in terms of changing younger voters,” Brown said in August at issue in Millington after November. And able Care Act. who the current president is,” Joy said. the start of the break between the August Millington votes on the countywide sales tax hike will not be counted. In May 2011, President Obama spoke “We are a very solid red state. I think and November elections. “But it’s not out Passage of the countywide half-cent at the Booker T. Washington High School it’s fair to say that both campaigns have of any preference other than a pragmatic tax increase will be decided by voters in Memphis and unincorporated Shelby graduation, his first appearance in the recognized that. I think that goes to efforts one. It’s easier to reach larger groups of County. It would mean less revenue for city since 2006 when he campaigned for being made from Tennessee in terms of young people. … The older individuals Millington, Bartlett, Germantown and Harold Ford Jr. time and effort and money.” … it’s harder to find the same concentra- Collierville, which approved tax hikes in August. It would mean more revenue Earlier this year, Rick Santorum made The race is different from 2008, Turner tion.” for Lakeland and Arlington, which also two stops at Memphis churches – Bellev- countered, because it has an incumbent So Brown has coordinated voter approved their own tax hikes in August. Away from the polling places, there ue Baptist Church and nearby St. Francis who brought new voters to the process. registration tables at health fairs and is still the federal court case over the of Assisi Catholic Church – on a Sunday “I’ve seen younger people become other civic events just as his Republican state laws that are the ground rules for establishing municipal school districts. but didn’t speak at either one. more engaged,” he said. “I think he counterparts – some also sent by party The County Commission’s challenge of He was repeating a journey made inspired a whole generation of persons leaders in Nashville – have done the same the constitutionality of the laws passed four years earlier by former Arkansas Gov. who may not have been interested in the at community festivals and other civic in 2011 and 2012 is pending before U.S. District Court Judge Samuel “Hardy” Mike Huckabee, an ordained minister, political process to get involved, to get events. Mays with no specific time set for a who spoke at an installation ceremony for engaged and to try to make a difference.” Although Shelby County is home to ruling on the state constitutional issues. The federal issues are to be heard by two ministers at Bellevue Baptist and then Turner also adds the Obama cam- the largest bases for each of the state’s Mays in January. talked politics with reporters during a paign of 2008 changed the mechanics of two major political parties – the Demo- Meanwhile, Memphis voters will decide the fate of a penny-a-gallon local quick stop at Corky’s Barbecue on his way elections for both parties. cratic base within Memphis and the gasoline tax. The Memphis City Council to other stops. “A post-’08 election has to have within Republican base in the county outside approved in August the ballot question The swift moves through Memphis are the campaign tools a Facebook page,” he Memphis – the value of the bases has that would raise tax revenue – estimated at $3 million to $6 million a year – for the an indication that Tennessee hasn’t been said. “You have to have a Twitter page. You changed even if the trappings of the cam- Memphis Area Transit Authority. a swing state for several presidential elec- have to be on LinkedIn. I think it’s just a paign remain the same. – Bill Dries 16 October 12-18, 2012 www.thememphisnews.com

special coverage

special emphasis: health care

stories of hope erinn figg | Special to The Memphis News Legacy Beads chronicle every step of the journey for St. Jude patients

ometimes words are not Bead program. Launched in 2009, the pro- ing Ethan and his family cope during his component of a larger initiative at St. Jude, enough to tell the story of St. gram gives patients a tangible way to share treatment. the Child Life program. Jude Children’s Research Hos- their treatment stories, track their prog- “These kids know what every bead “Our main goal is to help children and pital patient Ethan Washburn’s ress, chronicle moments of bravery and, means, and these beads really mean teens cope with hospitalization,” Grissom nearly three-year battle with in some cases, leave a lasting memento for something to them,” she said. “It gives said. “We are helping them understand the Acute Lymphoblastic Leuke- loved ones. them something to hold on to through the hospital and their diagnoses in age-appro- mia. “It’s almost like a time capsule,” said process.” priate settings.” When this happens, Ethan, Shawna Grissom, director of St. Jude’s There are 55 different beads, and even Each patient is assigned a nationally 10, of Memphis, uses a string Child Life program and co-author of the beads that signify particularly difficult certified Child Life Specialist who focuses of brightly colored glass beads to illustrate study “Building a Legacy for Children and times, such as the Bad Day bead – often on meeting that patient’s psychological it.S Each of the distinctive beads marks Adolescents with Chronic Disease” (Jour- added at the patient’s request on a day needs and providing clear communication a treatment milestone. There are fluted nal of Pediatric Nursing, May 2012). “As a when things seem particularly overwhelm- about treatment procedures and what to purple beads that represent learning to patient transitions out of St. Jude, they’ll ing – eventually become badges of honor. expect during a time of uncertainty and take medicine, blue triangles for clinic always have those beads to tell their story – “They can look at a Bad Day bead and many changes. For example, Grissom said, visits, red beads with white polka dots for it’s almost like a strand of bravery. say, ‘OK, I had a really bad day today, but a Child Life Specialist would explain an birthdays. One bead marks the completion “And for families of a deceased child, tomorrow’s a new one.’ And it becomes an MRI to a patient on a sensory level – how of radiation treatment; another symbolizes it’s something tangible for them to show achievement,” Washburn said. “You think the MRI bed will feel, how the technicians a particularly good day; another one signi- others, a way to remember that child and of kids who get trophies and awards for will be dressed, what else the patient will fies the passing of a friend. a way to help those children know that sports and special achievements. This is see, what the patient will hear, what physi- These are Ethan’s legacy beads, and he people will always remember them.” the same. There’s no bigger achievement cal sensations the patient will experience. is one of hundreds of St. Jude patients who Missy Washburn, Ethan’s mother, says than beating cancer.” Helping patients and their families have participated in the hospital’s Legacy the beads have played a major role in help- The Legacy Bead program is just one build their legacy is another important www.thememphisnews.com October 12-18, 2012 17

special coverage

it helps everyone involved hold deeper discussions, express feelings and, conse- quently, build stronger, more supportive relationships. For this reason, Child Life also developed a Legacy Bead program just for siblings, allowing siblings to collect their own milestone beads for various activities and emotions. Washburn said she appreciated this as- pect of the program because it has helped Ethan’s twin brother Cooper keep his identity in this family story and share his own accomplishments and feelings. As for Ethan, he now has several beads that are particularly significant to him, Washburn said. There are the beads that spell his name, of course, because they personal- ize the experience. Then there’s the starter bead, which is the St. Jude logo bead. “It means so much to us because everyone here has become family, even the people who work in the cafeteria,” she said. And finally, there’s a barrel-shaped silver bead that shines just a little brighter than the rest – the No More Chemo bead. Photo: Lance Murphey Ethan is in remission now, back in St. Jude Children's Research Hospital patient Sarah Carroll, 16, of Shreveport, La., was diagnosed with Acute Lymphoblastic Leuke- school and playing sports. And while his mia on July 20. Since then she has collected more than 100 beads from the hospital's Legacy Bead program. lengthy string of storied Legacy Beads will always have a special place in his home goal of Child Life. Besides the legacy beads, just a stop in their journey of life,” Grissom Emphasizing a patient’s treatment and heart, this year it’s getting the royal other such activities might include journ- said. “It’s not meant to be ‘You stop your journey using these types of legacy- treatment, Washburn said. aling or keeping a memory box. life when you get here.’ We celebrate all building activities is beneficial to patients “It’s going to be the garland on our “When families come here, we see it as pieces of their lives.” and their families, Grissom says, because Christmas tree,” she said.

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Are You special emphasis: SMALL-BUSINESS SPOTLIGHT: HEALTH CARE Better Off? Many people are currently asking the question, "Are you better off now than you were four years ago?" More often than not, Integrity Oncology Adapts to Changes the people asking this question have some sort of political agenda in mind. In view of that, let me quickly and freely MICHAEL WADDELL | Special to The Memphis News admit that I am absolutely a political flip- flopper. I think of myself neither as a Repub- lican nor a Democrat; I don't really even think of myself as an ntegrity Oncology PLLC continues independent. to evolve within an ever-changing Politically, I'm just Ihealth care landscape. a voter. I try my Last month the practice, which best to ignore po- operates four area locations, moved litical affiliations its West Memphis office to a new and vote for the 2,500-square-foot, freestanding loca- tion, and it anticipates a future move chris cRouch person I think will SMART STUFF do the best job of its East Memphis office into the new 4 WORK considering the Baptist Memorial Health Care Corp.’s circumstances at $65 million comprehensive cancer the time of the election. I have, in fact, in my treatment center that will be built by lifetime voted for Republicans, Democrats and 2015. independent candidates. So, when I ask if you Integrity provides treatment in are better off than you were four years ago, it's oncology, hematology, immunothera- just an interesting question, not a politically phy and rheumatology for thousands of motivated one. patients each year. The practice’s overall Now, with all that explanation out of the patient load is made up of 70 percent for oncology treatments, 20 percent for way, if your response to my question is no, Photo: Lance Murphey hematology treatments and 5 percent then I'm not sure pointing fingers at politi- Dr. Albert Earle Weeks, left, and Dr. Suhail Objai are partners in Integrity Oncology for the others. cians and their political agendas is the best PLLC with Dr. Margaret Gore (not pictured). “The Integrity Oncology Foundation strategy for you. Let the politicians and brings together physicians with great treatment for each patient.” cause our philosophy is to bring the pundits do that for you and then get about the knowledge, advanced technology and a By 2020, it is anticipated that more treatments to our patients’ communi- business of making sure you can answer yes compassionate culture to design indi- than 90 percent of private physician ties,” Obaji said. “Receiving treatment to that question four years from now – regard- vidual treatments for our patients,” said practices will have been bought up by is a hardship for any family, and they less of who wins the current election. Dr. A. Earle Weeks. “We offer integrated hospital systems. Nearly all of the oncol- shouldn’t have to drive long distances.” Certainly I'm not advocating that you cancer care from diagnosis and treat- ogy groups in Memphis have already The West Memphis office will be ignore politics or refuse to do your part in ment to follow-up care for patients in aligned with either Baptist Memorial open five days a week as opposed to two terms of promoting the welfare of our nation; Memphis and the Mid-South.” Medical Group or Methodist Le Bon- days a week at the former location. however, I think that you should also look Three longtime colleagues – Weeks, heur Healthcare. “We needed more space in West very closely at specifically what you could Dr. Margaret Gore and Dr. Suhail M. “Part of the reason we chose the Memphis, and we needed to have a have done over the last four years to increase Obaji – formed Integrity Oncology in Baptist system is the fact that they are state-of-the-art location with upgraded, the odds that you would be better off. Yes, the fall of 2009 after working together building a new cancer treatment center all-new equipment because we be- unexpected and unfortunate situations will at locally since 2002. Integrity aligned with in East Memphis,” Obaji said. “We will lieve our patients and the community times cause good people, some very talented Baptist Memorial Medical Group in probably move our East Memphis/Bri- deserves the best,” said Obaji, who and hard-working people, to fail. But if at all September 2011, following a local and arcrest office to the new cancer center also noted the clinic’s new location has possible, don’t attach too much of your poten- national trend of private practices being but keep our other locations. much more accessible parking com- tial to succeed or fail to what any particular acquired by major hospital groups. “We are really proud and honored pared to the smaller office. politician does or the prevailing political envi- “We thought that to allow us to to be a part of the Baptist system,” Obaji Integrity’s business office is in Col- ronment. As they say, hope for the best and better serve our patients, we needed said. “It’s really been amazing so far. lierville inside a 100-year-old house prepare for the worst. to align with a hospital system,” said Taking care of the patients is the num- built on 3.5 acres on Poplar Avenue Here's a bit of cold hard reality for employ- Integrity Oncology CEO Rola Obaji, who ber one priority.” between Houston Levee and Bailey ees. In one sense, employers (job creators) cited the health care reform as one cata- Integrity’s mission is to provide Station roads. Weeks and Obaji bought buy your talents at wholesale prices thinking lyst for the alignment. “Lately it’s been comfortable care for its patients at con- the home in 2003, then renovated the they can sell your talents at retail prices – and difficult to practice oncology because of venient locations across the Mid-South, main residence in 2004 and added a a 100 percent markup between wholesale and reimbursement issues and regulations. with offices in East Memphis, Collier- 10,000-square-foot ultra-modern flag- retail prices is not unusual for many products. Being part of a hospital system allows ville, Union City and West Memphis. ship health care clinic and research So, if you want to make $100,000 a year, a our physicians to concentrate on better “We have multiple locations be- facility onto the back of the home. potential employer would need to clearly see how hiring you would result in a decrease in expenses, increase in revenues (or some com- bination of the two) that would increase his or Law firms… her bottom line by at least $200,000. If you want to increase the odds that you whether you need a loan, business advice will be better off in one year, two years, three or just want great customer service — years, or four years – you must do something that specifically increases your value over the let me show you how we can make banking your same time period. most productive business relationship. How would you respond if your employer walked up to you and asked for a straightfor- ward answer to the question: “What can you do now that you could not do a year ago?” Let’s chat about all this again in four years. Brian Lowery Chris Crouch is CEO of DME Training and Vice President and Loan Officer Morgan Keegan Tower Consulting and author of several books on 50 North Front Street improving productivity. Contact him through 901-432-7300 www.dmetraining.com. Midtown Downtown East Memphis [email protected] 2000 Union Avenue 50 North Front Street 510 South Mendenhall Road NMLS # 654985 901-272-7300 901-432-7300 901-888-2265 www.thememphisnews.com October 12-18, 2012 19

special emphasis: HEALTH CARE

Excise Tax Looms for Local Device Companies MICHAEL WADDELL | Special to The Memphis News

new excise tax will be levied on the potential negative impact of the tax. industry in the previous two-month span. medical devices beginning Jan. 1, Stock values of some of the large local Larger local manufacturers of medical Aand the impact will be significant manufacturers of medical devices dipped devices like Wright Medical are also brac- for medical device companies with a in the weeks following the Supreme ing for the hit. Memphis presence. Court’s decision in June, with Wright “We do not have any specific plans at Large players like Wright Medical Medical’s share value taking the hardest this time to offset the tax,” said Julie Tracy, Technology Inc. and fledgling outfits like It’s another burden on small tumble. But since then, shares for Wright Wright Medical senior vice president and Arrowhead Medical Device Technolo- companies like ours. The Medical, Smith & Nephew and Medtronic chief communications officer. “Nobody gies Inc. are preparing for the 2.3 percent tax takes away money that Inc. have recovered, according to Summit likes to pay a tax, and it will certainly pinch on each device sold in the U.S., could contribute to our Asset Management Group. impact the bottom line.” including pacemakers and stents, defi- growth, and it takes away “I think what happened in late June Arlington-based Wright Medical’s tax- brillators, artificial joints, chemotherapy after the Supreme Court decision and able products include large joint implants delivery systems, surgical tools and X-ray money from“ other young what has happened since has been a little for the hip and knee; extremity implants machines. companies that are trying unexpected,” said Lance Hollingsworth, for the hand, elbow, shoulder, foot and The Supreme Court ruled to uphold to hire people and advance a principal at Summit. “Stock values for ankle; and both synthetic and tissue- the Affordable Care Act on June 26, leav- the economy.” the three medical device companies based bone graft substitute materials. ing the new excise tax in place on medical initially reacted positively to the decision, Smith & Nephew and Medtronic could devices. The tax, which is estimated to – Tom Twardzik then sold off a little bit, but then fully not be reached for comment. Vice president of sales and marketing, raise $29 billion over the next 10 years, is Arrowhead Medical Device Technologies Inc. recovered and moved on to yearly highs. For very young companies that might one of many to help offset the cost of sub- It doesn’t appear that the market was all not have reached profitability yet, the new sidizing insurance coverage for more than that worried, that there was much of a tax is similar to a punch to the gut. For a 30 million people. The effect of the tax will economy. We already have taxes levied for negative reaction or that trouble ahead is company that has $1 million in revenues be especially painful for younger startup regulatory clearance, quality compliance, imminent.” but no profitability yet, it equals $23,000 companies working toward profitability. intellectual property registration – all The new tax means layoffs for some in additional out-of-pocket taxes. “It’s another burden on small compa- expenses beyond just the making of the medical device companies or cuts in areas Twardzik explains the ripple effect nies like ours,” said Tom Twardzik, vice product.” like research and development budgets spreads to other parts of the business. president of sales and marketing for Ar- Some experts believe increased doctor or domestic expansion plans. Earlier “We will have to cut expenses, so it rowhead, which produces an innovative visits for the influx of new patients could this year, Stryker Corp. of Kalamazoo, will eliminate our investing in capital toe implant surgical repair device. “The lead to an increase in procedures and Mich., cited the upcoming tax as a factor purchases, hiring, business expenses, and tax takes away money that could con- an increase in device usage, but those in plans to reduce its global work force utilizing other local professionals in areas tribute to our growth, and it takes away thoughts could be misguided considering by about 5 percent. A story published in like advertising, design, engineering, money from other young companies that the many restrictions under the reform. mid-September in MassDevice cites more manufacturing and quality compliance,” are trying to hire people and advance the Investors seem relatively unfazed by than 2,000 job cuts in the medical device he said.

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special emphasis: health care FORCE Brings Cancer ‘Previvors’ Together

ERINN FIGG | Special to The Memphis News

ichelle Malone of Southaven is a The BRCA1 and BRCA2 genes are tumor with a BRCA mutation. The statistics, com- experiences, they knew there must be breast cancer “previvor.” suppressor genes that help prevent uncon- bined with her family history, propelled other people in the area who feel like tick- M It’s a term typically not heard trolled cell growth. According to FORCE Rodda to schedule a bilateral prophylactic ing genetic time bombs. So they turned often – even during October, a month research, there are more than 750,000 men mastectomy. Both her mother and her late to the national FORCE staff for assistance designated for breast cancer awareness and women in the United States who carry grandmother had breast cancer. in starting the Memphis Network. At the – and it refers to a person who carries the a BRCA gene mutation, which puts them at “My mother was 9 when her mother moment, meetings are quarterly, although gene mutation for cancer but has not yet a greater risk for certain types of cancer. died at 36,” said Rodda, who has a 3-year- Malone says they hope to have more as developed the disease. While experts don’t agree on the exact old son. “Looking at my son, I don’t want to awareness of the group grows. Everyone is Although many previvors struggle with figures, estimates range from a 55 to 85 live with that fear every day. I want to make welcome, including supportive friends and anxiety, depression and tough treatment percent risk of breast cancer and up to a 50 sure I’m here to watch him grow up.” family members and men, who also can be choices, there are few resources for them percent risk of ovarian cancer for women As Malone and Rodda discussed their genetically predisposed to breast cancer. in the Mid-South. So Malone and fellow previvor Irene Rodda of Collierville de- cided to do something about it. In April, they started the Memphis chapter of the group FORCE (Facing Our Risk of Cancer Empowered), the only national nonprofit organization dedicated to improving the lives of people affected by hereditary breast and ovarian cancer. “There are women out there asking, ‘What do I do with this four-letter, 10-digit mutation I have?’ FORCE is here to edu- cate people on what it means to have a genetic predisposition,” Malone said. According to FORCE research, more than 2.3 million women may be at in- creased risk for breast and ovarian cancer because of their family history. Malone, 28, used to be one of them. She has Cowden Syndrome (CS), a hereditary condition that causes multiple types of benign tissue overgrowth. It also carries a high risk of breast cancer: about 30 to 50 percent of women with it will develop breast cancer, compared to a risk of about 12 percent for women in the general population. Last year, at the advice of several physi- cians, Malone took her statistical fate in her own hands and had a bilateral prophy- lactic mastectomy, a preventative mastec- tomy that significantly decreases the risk of breast cancer. Although it reduced her breast cancer risk to about 2 percent, it was a difficult decision that evoked mixed reactions from her friends and loved ones – some applauded, others protested. “To hear someone essentially say, ‘I’m going to cut off a completely normal body part just because I’m scared’ is hard for some people to understand,” she said. “At first my mom thought I was insane. And at church, I often got the question, ‘Why would you not trust God?’ But I believe God has given us these resources, so why not use them? God wants us to help our- selves.” Conflicted and struggling, she looked around for support and found nothing. “Every support group in the Memphis area was for breast cancer survivors. I thought, ‘There’s nobody here who under- stands what I’m going through.’ I didn’t really feel comfortable in those groups,” Malone said. She met Rodda through the FORCE website (facingourrisk.org), which has sev- eral channels for connecting with others, including message boards and a list of pre- vivor blogs. As the two women developed a mutual appreciation for each other’s blogs, their friendship grew. Rodda, 33, has a BRCA2 gene mutation. www.thememphisnews.com October 12-18, 2012 21

special emphasis: HEALTH CARE Robinson Brings ‘Even Keel’ To Role at Methodist South

erinn figg | Special to The Memphis News

Newly appointed CEO’s leadership style tailored to promote calm, congenial demeanor

or a newly appointed CEO respon- really want the community to recognize with respect. One of the earliest lessons agreeing, but always ending up with an sible for managing a nationally Methodist South as a leading health care she taught me was: ‘You treat the janitor effective solution,” said McGlawn, who de- Facclaimed hospital, James “Jay” provider.” the same way you treat the principal.’ I scribes Robinson as innovative, passion- Robinson III seems surprisingly laid-back. This year, U.S. News & World Report reflect on it daily.” ate, responsive and a pro at team-building. The tone of his voice is relaxed and named Methodist Le Bonheur Healthcare This respect is the foundation on “We played to each other’s strengths for conversational as he discusses his new – whose four Memphis metro hospitals are which he builds his management philoso- the benefit of the organization.” leadership role at Methodist South Hos- licensed as one – as Best Hospital in Mem- phy, he says. The team building apparently also pital and the path that led him there. This phis (2012-2013) for the second consecu- “I try to go into most situations not comes in handy at home, as Robinson calm and congenial demeanor, cultivated tive year. Methodist’s hospitals also have feeling as if I have the final answer,” he has four children ranging in age from 2 to during his 20-year career, is one of Robin- earned various national rankings from the said. “I like input and feedback from oth- 16. Among hobbies that include golf and son’s keys to effective management. publication. ers, and I prefer people who challenge and triathlons, he’s also an avid reader, and the “I always try to maintain an even keel Meanwhile, Robinson also has his push me.” list of books he’s currently reading covers because so sights set on Former colleague of 12 years Jimmy nonfiction subjects from psychology to many people high rankings McGlawn, associate medical center direc- Civil War spies. However, this list has an watch and from patients. tor at the Memphis VAMC, can attest to ending that might once again surprise take cues “With that preference, as he said much of his someone with preconceptions of a no- from me as changes in own respect for Robinson is due to the fact nonsense hospital administrator. a leader,” health care that he could successfully bump heads “I just finished the first two books in he said. “I ahead of us, I with him. ‘The Hunger Games’ trilogy,” he said. “I believe in pa- truly believe “Even when we worked together in dif- had to do it so I could hold a conversation tience. I try that once ferent states, before we ever met in person, with my kids. It was all they talked about to take things the chasm we began to joust about issues, very rarely for a while.” in stride.” of health Robinson care qual- earned his ity narrows, undergradu- the biggest ate degree differentiator from the among health University of care providers Georgia in will be in pa- Athens and tient care,” he his Doctor of said. “We want Psychology to be national degree from leaders in how the Virginia we’re viewed Consor- in terms of tium for James “Jay” Robinson III, who has been appointed patient service. Professional CEO of Methodist South Hospital, brings 20 years We should Psychology in of experience to his new position. always have Norfolk, Va. a heightened In 1992, he joined the Veterans Admin- focus on patient satisfaction. We should al- istration system as a clinical psychologist, ways be asking ‘Are we treating the patient later earning leadership positions in Vir- like a process or a person?’” ginia, North Carolina, Georgia and, most There is passion in Robinson’s voice as recently, the Memphis Veterans Adminis- he emphasizes this point, and from a pro- tration Medical Center, where he served fessional standpoint he attributes some of as CEO. He has been a fan of Methodist this perspective to his experience working Le Bonheur Healthcare since his youngest with homeless veterans in the Veterans child was born in Methodist Le Bonheur Administration system. Germantown two years ago. “I was out of my comfort zone at first, “I was impressed with them right away but it really has become a passion of as a customer – I learned about the culture mine,” he said. “It’s a cause that makes you and met (president and CEO) Gary Shorb, want to dedicate yourself to it, because it’s who is well-respected as a health care a group that really deserves that effort. leader. Now I’m really humbled to join this “You hear ‘homeless’ and you think system.” of someone who’s unkempt. Now, when Robinson replaces Michael Ugwueke, I look at homeless veterans, I see people now senior vice president of Methodist who at one point wore a uniform and were North and South hospitals, who success- ready to sacrifice themselves for us.” fully conquered such challenges as finan- From a personal standpoint, he points PATHOLOGY GROUP cial stress, a floundering reputation and a to his late mother as his greatest teacher severely lagging emergency room. and inspiration. OF THE MIDSOUTH “Dr. Ugwueke made a lot of great “She was someone who could put a changes,” Robinson said. “I want to con- mirror in front of your face and get you to tinue that progress, including an asser- look at it,” he said. “She epitomized cour- tive strategy for community outreach. We age and modeled how you treat people, 22 October 12-18, 2012 www.thememphisnews.com

real estate & DEVELOPMENT news

real estate & development Hilton Developer Granted Closing Extension

SARAH BAKER | The Memphis News ing member of RPD Hotels. months to do, and RPD Hotels started the in this market, you can get a steady, low, “Hotels have been difficult to finance,” initial screening a couple of months ago, double-digit return.” Chisholm said. Chisholm said. The total project is $67.7 million and “We have tried every innovative “EB-5 financing has been the vehicle includes $41.6 million of taxable revenue evelopers of the Downtown financing strategy from recovery (zone) for many hotels to bring institutional eq- bonds issued by the Industrial Develop- Memphis Hilton Hotel project facility bonds to just general permanent uity to the table through allowing foreign ment Board, $19.8 million in private and D were granted a one-year closing financing.” investors to invest in the projects, obtain a owner equity, and $500,000 in contribu- extension from the Memphis Center City That right-sizing removed a story of green card,” Chisholm said. tions from the city of Memphis for infra- Revenue Finance Corp. board Tuesday, the hotel and about $2 million out of the “The legislation was reauthorized structure work. Oct. 9. project’s development cost. Chisholm said recently on Sept. 5, 2012, through 2015, so RPD Hotels expects to complete the The board of the Downtown Memphis it will also improve the Hilton’s operat- we don’t have the issue of it expiring like permitting and begin site work by March. Commission initially approved a 20-year ing performance from an occupancy rate we did with recovery facility bonds.” Construction will last about 19 months, payment-in-lieu-of-taxes (PILOT) pro- standpoint. The group that RPD Hotels is working with a 2015 completion. gram for RPD Hotels LLC’s development The overall meeting space, at 25,000 with is an approved Hilton vendor from Meanwhile, the CCRFC also approved of the Hilton at Linden Avenue and Fourth square feet, is still at a 300-room count in Miami. Chisholm said having a “strong the sale of condominium unit No. 106 at Street in September 2010. order to retain the same operational expe- flag” like Hilton that’s globally recognized 95 S. Main St., where Local Gastropub is At that time, the project involved the rience. That includes an 8,000-square-foot has helped with both the EB-5 piece as located. construction of a new hotel that included ballroom. well as resonating with potential South The buyer is TGOD LLC, owned by 300 rooms and a development cost of $69 “The Westin (Memphis Beale Street American and Asian investors. investor and orthopedic surgeon Patrick million. hotel) doesn’t have as much meeting “You have a lot of private investors Toy. The seller is 95 S. Main LLC, of which RPD Hotels came back to the CCRFC space,” she said. on the debt side who have come together Cameron Taylor and Lee Patton are man- board in September 2011 asking for a one- RPD Hotels is pursuing a “straight with groups and they are making debt aging members. Chris Garland of Garland year extension. Since that time, the group construction loan” of $42 million, which is investments in large projects like this to Co. Real Estate is handling the sale. has taken some costs out of the project by scheduled to close by the end of the year, get a stable return,” Chisholm said. The PILOT lease of the entire property reducing the room count to 275. and “layering in the EB-5 on the equity “It’s sort of like Anheuser-Busch, it’s at 95 S. Main stays in effect until 2017; the It is also still working on securing side.” like a steady brand people recognize. You transaction is simply a change in owner- financing, said Bridget Chisholm, manag- EB-5 financing takes nine to 12 might not get a 25 percent return, but ship of the condo unit.

INKED Lease Brings New Breed Footprint to 3 Million Feet

SARAH BAKER | The Memphis News folio sale. Situated on 21 acres on Shelby Drive at U.S. Meanwhile, Blake Pera and Tommy Bronson III with 78 (Lamar Avenue), the Class A facility has 30-foot clear CB Richard Ellis’ multi-housing group represented the height and 46 dock doors. sellers in three separate regional transactions over the Hauck said New Breed will make “substantial” invest- last three weeks. ew Breed Inc. is enhancing its Memphis opera- ment in “totally up-fitting the building.” Belvedere Apartments, a 10-story, mid-rise property tions with a new distribution warehouse lease in Treat Macdonald, partner of Crump Commercial on Union Avenue, sold for $2.6 million, or $28,890 per N the Southeast industrial submarket. LLC, represented New Breed in lease negotiations. Brad unit. The High Point, N.C.-based firm has inked 404,400 Kornegay and Tim Mashburn with Colliers International CBRE’s multi-housing group represented the seller of square feet in Southpark Distribution Center Building O, Asset Services were the listing agents on behalf of Hill- the 90-unit property, Belvedere Apartments Inc. Turley 4585 Quality Drive, in a space that formerly housed part wood. represented the buyer, Kroger. of Cleo Inc.’s Memphis operations before it vacated the Also, Belmont Apartments, a 164-unit property in market last year. In other commercial leasing news, Keller Williams Hattiesburg, Miss., sold to an Alabama buyer in Septem- Privately held New Breed specializes in outsourced Realty has expanded by 1,644 square feet in Lynnfield ber for an undisclosed price. third-party logistics (3PL) and supply chain consulting. Office Park, 1355 Lynnfield Road, bringing its total lease CBRE represented the lender in the real estate-owned The new lease brings New Breed’s Memphis footprint to to 10,113 square feet. sale of the 2008 vintage property. One of the newer prop- about 3 million square feet. Anna Tranum and Bentley Pembroke with Cushman erties in Hattiesburg, the asset attracted a “tremendous Joe Hauck, vice president of sales and marketing at & Wakefield/Commercial Advisors Asset Services LLC amount of interest” due to its age and location within the New Breed, said Memphis is one of the company’s larger represented the Lake Worth, Fla.-based building owner, market, according to a CBRE statement. markets, along with Dallas. Founded in 1968, New Breed In-Rel Properties Inc. And North Hill Square in Jackson, Miss., closed Oct. entered Memphis in the early 2000s; the company’s first Psychiatrist Adrian Blotner has leased 1,165 square 3 to a Birmingham, Ala.-based buyer for an undisclosed operation was for Siemens Medical Solutions, a partner- feet in Poplar Towers, 6263 Poplar Ave. Tranum and price. ship that continues to this day. Brand Cook, also with Commercial Advisors As- CBRE represented the lender and receiver in the “Memphis is really a big focus area for us,” Hauck set Services, represented In-Rel. distressed sale. said. “It’s been a great growth area for us – many of our In addition, attorney Chris A. Cornaghie “While the property was approximately 50 clients like to be there, want to be there. You have the renewed his 1,115-square-foot lease in percent occupied at closing, the buyer plans to advantage of location and then services of the various Lipscomb & Pitts Building, 2670 Union Ave. reposition the asset through significant capital carriers. It’s become a very good labor market for us.” Extended. Tranum and Pembroke handled improvements to capitalize on the location New Breed will use the warehouse as a multi-client the deal. and strong performance of surrounding operation, some of which will start during the first quar- Also renewing is Tennessee Special properties,” according to a CBRE statement. ter of next year. Hauck said over the next couple of years, Olympics for its 788-square-foot lease the space will create “a couple of hundred jobs easily.” in Lynnfield Office Park. Tranum and Send commercial lease announce- Dallas-based Hillwood Investment Properties bought Pembroke were the landlord reps. Chip ments to Sarah Baker, who can be the Southaven Distribution Center warehouse in July Brown of Bomar & Brown LLC co- reached at 521-2464 or sbaker@ from TIAA Realty Inc. as part of a larger, $37 million port- brokered the transaction. memphisdailynews.com. www.thememphisnews.com October 12-18, 2012 23

news

sustainability MATA Transit Center Certified as LEED Silver

SARAH BAKER | The Memphis News

he Memphis Area Transit Authori- sponsible for program management and Union Avenue. room, food services, Greyhound Package ty Airways Transit Center has been LEED commissioning. Features of the center include a white Express and a light maintenance building T granted Leadership in Energy and The 30,000-square-foot MATA Airways roof that reflects sunlight and heat; less for Greyhound Environmental Design Silver Certification Transit Center, which opened at 3033 use of asphalt paving and the preserva- The facility also has public art that from Washington, D.C.-based nonprofit Airways Blvd. in November 2011, serves tion of greenspace to reduce the urban was developed in collaboration with the U.S. Green Building Council. as a major connection for bus passengers heat island effect; energy efficient light- Memphis Urban Art Commission and art- The designation represents the traveling east and west in south Mem- ing, glass windows, and HVAC systems; ist Walter Kravitz. first time a newly constructed, publicly phis and provides better connections to water conserving fixtures and landscap- The Tennessee Chapter of the Ameri- funded building has been granted the nearby Memphis International Airport. ing; and the use of recycled materials. can Institute of Architects also recently designation in Shelby County. It also serves as the new Greyhound There’s also preferential parking for recognized the MATA Airways Transit The architect was brg3s architects, terminal for Memphis, replacing its fuel-efficient vehicles, bike racks, new Center with a 2012 Design Merit Award while Smith Seckman Reid Inc. was re- former decades-old home Downtown on sidewalks, a community conference for New Construction.

2429 Ketchum road Memphis International Airport Memphis, TN 38114 has traded hands for $1.3 mil- REAL ESTATE RECAP lion. Regents Group LLC bought Sale Amount: $1.1 million the 24,344-square-foot hotel Sept. Sale Date: Sept. 25, 2012 28 from Motel Management LLC, MED Files $1.3 Million Buyer: Noall Investment Properties whose member Gopal Govan signed LLC the warranty deed. Seller: Willow Oaks Apartments Built in 1997, the two-story hotel Permit for Improvements LLC sits on 2.38 acres on the northeast Loan Amounts: $500,000; $100,000 side of Lamar near its intersection ERIC SMITH | The Memphis News Loan Dates: Sept. 24, 2012 with Winchester Road. The Shelby Maturity Dates: N/A assessor’s appraisal is $1.1 million. Lender: Don Munk; UTEX Invest- Adams Ave ment Group LLC 6277 lake arbor drive and Details: Bountiful, Utah-based No- 3417 ridgeway road all Investment Properties LLC has Memphis, TN 38118 paid $1.1 million for the 346-unit Jeerson Ave Willow Oaks apartment complex at Loan Amounts: $11.9 million; 2429 Ketchum Road. $6.1 million Loan Dates: Hospital St Noall Investment Properties Sept. 27, 2012 Court Ave bought the multifamily property in Maturity Dates: N/A N Dunlap St the Defense Depot’s 38114 ZIP code Borrowers: RRE Wyndridge Hold- The Regional Medical Sept. 25 from Willow Oaks Apart- ings LLC; RRE Waterstone Holdings Center at Memphis ments LLC. LLC Madison Ave Aviv Bernstein and Susan Ber- Lender: Berkadia Commercial nstein signed the warranty deed Mortgage LLC as members of the New York-based Details: Philadelphia-based real Dudley St seller, which bought the property in estate investment company Re- 877 JEFFERSON AVE. • MEMPHIS, TN 38104 2005 for $4 million. source Real Estate has filed trust Built in 1966, the 257,838-square- deeds on The Woods at Ridgeway foot, Class D multifamily complex and Waterstone Landing apartment 877 jefferson ave. sits on 18.74 acres on the south side complexes in Hickory Hill. Memphis, TN 38104 of Ketchum Road near its intersec- Both loans were filed Sept. 27 tion with Airways Boulevard. The through Berkadia Commercial Permit Cost: $1.3 million south side of the property abuts Mortgage LLC. Resource Real Estate Project Cost: TBA Interstate 240. The Shelby County executive vice president Kevin Fin- Permit Date: Applied October 2012 Assessor of Property’s 2012 apprais- kel signed both loans. Completion: TBA al is $2.5 million. The company filed an $11.9 Owner: The MED million multifamily deed of trust, Tenant: The MED 4060 lamar ave. assignment of leases and rents, Architect: N/A memphis, TN 38118 security agreement and fixture Contractor: Montgomery Martin Contractors LLC filing on The Woods at Ridgeway, a Details: The Regional Medical Center at Memphis has filed a $1.3 million permit Sale Amount: $1.3 million 568-unit complex whose address is application with the city-county Office of Construction Code Enforcement for facility Sale Date: Sept. 28, 2012 listed as 6277 Lake Arbor Drive and improvements. Buyer: Regents Group LLC 6206 Knight Arnold Road. The permit, which specifically calls for phase two of an “intervention cath lab Seller: Motel Management LLC And it filed a $6.1 million multi- and outpatient clinic” at The MED’s 877 Jefferson Ave. campus, was filed this week. Loan Amount: $1.2 million family deed of trust, assignment of It listed Montgomery Martin Contractors LLC as the general contractor, but no Loan Date: Sept. 28, 2012 leases and rents, security agreement architect was included on the permit. Maturity Date: Sept. 28, 2037 and fixture filing on Waterstone These upgrades are part of a $32.4 million capital improvement plan The MED Lender: Trust Co. Bank Landing, a 378-unit complex whose board approved in July. The hospital is expanding the Elvis Presley Memorial Trauma Details: The Super 8 hotel at 4060 address is listed as 3417 Ridgeway Center and the Turner Tower Complex. Lamar Ave. in Oakhaven near Road and 9 Ridgeway Road. 24 October 12-18, 2012 www.thememphisnews.com

real estate & development Crosstown Stakeholder Pleased With Development’s Direction

SARAH BAKER | The Memphis News million redevelopment is eligible for the National Register of Historic Places and therefore eligible for tax credits, which is about 20 percent of the construction costs. odd Richardson gave some Also being explored for the 85-year-old art schemes – albeit changing ones – of deco building at 495 N. Watkins St. is “new T the redeveloped Sears Crosstown market tax credits, which is another good building Oct. 5 at Universal Commercial portion of equity that makes it possible,” Real Estate’s Regional Minority Business Richardson said. Entrepreneur Power Breakfast. Besides representatives from the nine “I can stand up here with excitement founding partners, several neighborhood and say to you that we’re moving in a stakeholders were present at Friday’s really great direction,” said the assistant breakfast. One of those was Leah Bray professor of art history at the U of M and Nichols, owner/director of Evergreen Yoga, co-director of Crosstown Arts. “It’s not a who asked Richardson what was being done deal by any means, as we all know, done for the Sears building’s surrounding financing is the last say, but nevertheless, businesses that have located there over the we are in positive trajectory.” Memphis News File Photo: Lance Murphey years because of cost. The “vertical urban village” will be an- Developers are pressing forward despite the enormity of scope for renovating the Sears “What’s being done so things won’t sky- chored by arts, education, health care and Crosstown building. rocket so much that we be able to afford to wellness. About 71 percent of the building’s do business there?” Nichols asked. tenancy has been committed from ALSAC, floor, from coffee shops to a small urban take advantage of that and be around that Richardson said the issue of gentrifica- Church Health Center, Crosstown Arts, grocer. community,” Richardson said. tion and how development helps to create Gestalt Community Schools, Methodist In addition, the redeveloped Sears Currently, the Sears, Roebuck & Co. or retain the neighborhood’s attributes has Healthcare, Memphis Teacher Residency, building will include a co-working area for Retail and Catalog Store’s gross size is 1.5 been a “big question” from early on. Rhodes College, St. Jude Children’s Re- 15 to 20 startup nonprofits. million square feet, built in stages since “It’s really important on every level search Hospital and The West Clinic. “A suite of offices that would share a re- 1927. But after developed, Richardson said from the development of the community – The other sectors of the project are ceptionist, back office, copier, conference it will total somewhere between 900,000 the people who were there, to people who residential, office, retail and unassigned room,” Richardson said. “They need all of and 1 million square feet “by the time you work on this project, to the people who flex space. these things, but just not all of the time.” factor in light wells, atriums, common work there after it’s done, to be as diverse Richardson said the residential com- Other potential groups that could oc- areas and some select demo.” as possible to carry on that identity of ponent “will be extremely diverse from cupy the building’s remaining 30 percent Richardson said the project now has Crosstown,” Richardson said. student housing to affordable housing to are architects, advertising agencies and between 20 and 25 people working on “Up until now, obviously, our atten- market rate” and will include 240 units on graphic designers. A small creative office it each week. He stressed the building’s tion has been to the building itself. But the seventh to 10th floors. One hundred of for all of those businesses to use is also in structural soundness, saying one of the next stage is to turn our eye more towards those units are already guaranteed through the works. first notes its engineer wrote in his report is outside in the neighborhood.” the founding partners. “The idea is that, with what Crosstown that, “If there’s an earthquake in Memphis, The breakfast made sense for Darrell And, he added, “having retail that Arts is doing with shared art-making facili- I’m going to be running to this building. It Cobbins of Universal Commercial to host, serves the community’s purpose,” are also ties and the exhibition space, we would is solid.” who told the crowd he has been quietly in- being explored for the building’s ground love it if there were people who wanted to As far as financing, the estimated $200 volved in the deal since 2007 as an adviser.

government Police Director Looks Ahead to Reorganization

BILL DRIES | The Memphis News

emphis Police Director Toney The department increased the num- Armstrong said Old Allen Station gets county jail plays into “all of the complexi- Armstrong has plans to reorga- ber of precincts to nine during the tenure more resources and has been a sort of ties of coming into 201 Poplar.” M nize the department at the start of former director Larry Godwin after proving ground for equipment and tech- As a result, Armstrong is concerned of 2013. The plans include moving inves- decades with a set of four covering the city niques. It is also cited by precinct com- that citizens who are victims or who have tigators with the various bureaus now at – North, South, East and West. manders from other areas in weekly meet- information might not report crimes or the Criminal Justice Center to a set of nine But there hasn’t been a subsequent ings to review crime statistics by precinct. help police if it means coming there. bureaus spread across police precincts. realignment of the borders for all of the Armstrong said they will cite the resources There are currently 12 bureaus in in- And Armstrong told the Memphis Rotary precincts. As a result, the Old Allen Station devoted to Old Allen as a reason why their vestigative services. Most of the dozen bu- Club this week that the precincts will be in Frayser, which covers the North Pre- statistics may be up in a certain area. reaus are divided between crimes against reconfigured to make them more similar cinct, has the largest precinct of the nine in Some of the investigative bureaus of persons and crimes against property with in size with the same resources generally terms of calls for service. Ridgeway Station the department once had offices in each of the exception of the felony response unit available at each. has the smallest. the precincts. They were then centralized and crime scene investigations. Armstrong “We’re going to try to redraw our Union Station, which covers the West by function working out of bureau offices outlined a plan for nine bureaus. map… where we can level the playing field Precinct, becomes Crump Station by the in the Criminal Justice Center. “We want citizens to be able to talk to all the way across, allowing every precinct first of the year when the station moves But Armstrong questioned whether the investigators that are specifically assigned to have the same amount of calls,” he said. further south to E.H. Crump Boulevard. It setting is the best for citizens who want to that area where they are impacted by “It’s something that we feel like we’ve been is the latest move for a precinct that was to contact the police or for investigators crime,” he said. “201 Poplar is not the kind of dancing around for a lot of years originally in a now ancient police building he wants in the field more. He said a trip easiest place to get in and out of. I tell my and we’ve just never really pulled the trig- on the other side of Washington Avenue Downtown to the hub of law enforcement investigators that you won’t evaporate if ger on it.” from the Criminal Justice Center. as well as the criminal courts and the you leave this building.” www.thememphisnews.com October 12-18, 2012 25

POLITICS HEALTH CARE & BIOTECH Medtronic Inc. Flinn’s Challenge Unveils Cervical BILL DRIES | The Memphis News Disc Tools

MICHAEL WADDELL | Special to The Memphis News

edtronic Inc. has announced the launch of the commercial Mintroduction of a new set of surgi- cal instruments used for the treatment of single-level cervical disc disease, one of the most common diagnoses for chronic neck and arm pain. The new ACD Instrument Set, which is touted to be much easier to use than previ- ous instruments, is produced by the com- pany’s Memphis-based Spinal and Biologics business. More than 17,000 patients are projected to undergo a cervical disc replacement procedure in 2012, according to Medtronic estimates. “The original instruments required a very large mainframe to be attached to the operating table, and then a large derrick was then affixed to the mainframe,” said Dr. Photo: Lance Murphey Rick Sasso of the Indiana Spine Group, who Dr. George Flinn works the phones in his campaign office with volunteersM ykia Davis, Tanya Malone explained that a complex array of measure- and political director Katherine Newsom. Flinn is challenging incumbent U.S. Rep. Steve Cohen. ments had to be calculated by the doctors at the back of the operating room to figure how to position the derrick on the main- frame. “The technique worked very well, ‘Vigorous, aggressive campaign’ enlivens 9th Congressional race but the problem was that placement of the elegantly designed Bryan discs was labori- r. George Flinn has been run- the primary campaign. The result was a primary were an introduction to Flinn ous. So the challenge was to make it easier.” ning for office for 10 years now winning campaign later for the Shelby that were heavy on images of him work- The new ACD instrument set eliminates Dand running in a style that County Commission. ing in his medical practice. the need for unwieldy mainframes or der- continues to evolve. Two years ago, Flinn ran in the Re- “You can’t watch television without ricks as well as the complicated measure- His bid for the 9th Congressional publican primary for the 8th Congres- watching an ultrasound test,” U.S. Rep. ments needed to affix the mainframe to District on the Nov. 6 ballot may be the sional District although he lived in the Steve Cohen, the Democratic incum- operating tables. most convincing proof that Flinn’s style 9th district. This time around, he still bent Flinn is challenging in the Nov. “The new instrumentation is very user isn’t orthodox. lives in the 9th district. But the bound- 6 general election, joked during the friendly, very easy, very intuitive,” said Flinn’s campaigns since his 2002 aries of the district have changed: It has primary campaigns. Sasso, who was involved with the product’s debut in which he won the Republican lost a lot of its East Memphis territory “It’s not like I have great concern design and testing. nomination for Shelby County mayor to the 8th district and picked up the about beating him,” Cohen told The He explained that the new tool set was have been expensive and heavy on North Shelby County territory that was Daily News editorial board. “But I want actually created years ago and has already television advertising. once in the 8th. Flinn is also walling off to win the first time after redistricting been in commercial use in Europe for sev- Flinn acknowledges he’s not the best his campaign from the national general with the highest numbers possible. eral years. at speeches. His campaign opening in election campaign for president. He’s going to spend ungodly amounts U.S. surgeons have been forced to wait September didn’t come with a speech to “I don’t care who else is in office,” he of money. For the first time, I’m out- for U.S. Food and Drug Administration a room of more than 100 supporters in said. “I don’t care who is in the congres- spent.” approval, which happened earlier this year. East Memphis. Instead Flinn circulated, sional seat next to us. … I’m going to While the new waves of TV ads The first surgery in the U.S. with the new talking one on one with supporters and work with them so I can bring home are as plentiful as the primary wave, instrument set was completed in Houston posing for pictures with them. It’s not some benefits for our people.” they don’t mention Cohen. Flinn’s in July. an unusual political approach. But in To his critics, the television ads are yard signs refer to him simply as “Dr. Sasso and other surgeons will now be Flinn’s case it was another ingredient in a sign of an impersonal campaign. To Flinn.” And by the week before early able to use the same technique that has which he is becoming more comfort- Flinn, nothing could be more personal voting began they were sprouting in been used for anterior cervical fusion for able campaigning his own way. and more direct. East Memphis and in Midtown, where more than 50 years with excellent success “It’s going to be about the problems That was the case with the Flinn Cohen’s appeal is considered strongest rates. we have and that is primarily jobs and campaign jingle this month from rap- and longest. The tools are designed for use with health care,” Flinn said, defining his per Al Kapone. The hip-hop moment is Local Democrats are not taking Medtronic’s clinically proven Bryan cervical pitch to voters. “What I’ve seen happen certain to live in local political lore long Flinn lightly in a Shelby County effort disc, a medical device used in disc replace- is we’ve got extremists. We have extrem- after the Nov. 6 election is decided. The that has already conceded the state ment surgery that is made of two metal ists on the right and extremists on the ad isn’t airing on TV but instead on You- to GOP presidential nominee Mitt (titanium) shells and a plastic (polyure- left. And these extremists keep arguing Tube. It went viral after a controversial Romney. thane) central core. It is designed to provide with each other so much and are such debut in which two people pictured in “We haven’t forgotten about what motion by allowing movement between the loud voices that the people that are in the ad, University of Memphis basket- happens here locally,” said Shelby metal components and the plastic compo- the middle get left out. And that’s the ball coach Josh Pastner and soul singer County Democratic Party chairman nent. majority of people.” Al Green, pointedly said they are not Van Turner. “Dr. Flinn is running a Medtronic has sold more than 20,000 Even though he lost the general endorsing Flinn. Green added that he is vigorous and aggressive campaign that Bryan disc implants worldwide since election for county mayor in 2002 to backing Cohen. I think we should respect. We have to, January 2000 when the first surgery was Democratic nominee A C Wharton Jr., The opening salvo of campaign- on the ground here, support Con- performed in Europe using the original Flinn reached out after the loss to local sanctioned ads that ran during the run gressman Cohen and his efforts to be instrument set developed by Seattle neuro- Republicans who had been divided in up to the August GOP congressional re-elected.” surgeon, Dr. Vincent Bryan. 26 October 12-18, 2012 www.thememphisnews.com

logistics FedEx Maps Out Changes for Express

BILL DRIES | The Memphis News

edEx Corp. executives detailing the Memphis-based ship- last month that the plan to come did not and material sourcing. terms of the company’s goal of a amount to a “restructuring” of Express – Another $350 million in international F$1.7 billion improvement in annual per looking to improve FedEx’s oldest and largest division. operations will involve changing routes profitability over the next three-and-a-half Express has been especially vulnerable there as well. And $150 million in targeted years Wednesday, Oct. 10, put much of the annual profitability by to the continued economic downturn as growth and yield improvement is about Fe- emphasis on how FedEx is changing the the corporation prepares to mark its 40th dEx expanding a push into global forward- way it does business. $1.7 billion anniversary next year. ing and inventory logistics. But at the start of the second day of the “What we like about it is that it’s mostly Smith began Tuesday with general and investors and analysts gathering at the Hil- cost driven, and this plan has high prob- macroeconomic remarks to a group of ton Memphis, they never forgot to include ing some of the changes. ability of success, because it’s about taking 200 investors and analysts. An estimated the one detail the audience wanted to The recession was a blow to Express excess aircraft, people and underutilized 750 people watched a webcast of Smith’s know – the specific amount of cost reduc- because of its impact on fuel prices for the assets out,” Kauffman and the firm said in remarks. tions that will help the Memphis-based air fleet that is the heart of Express and be- a Tuesday note. “In our view the prob- Smith touted technological advances shipping giant achieve its goal. cause customers began to look for cheaper ability of success is very high. The reason linked to cloud computing that he says will It’s a five-part plan with the largest ways to move goods and other items. we say this is … because this is really just improve productivity as the company’s single share – $400 million – coming from The combination will mean a FedEx about purse cost takeout of relatively low head count is reduced in a voluntary buy- a combination of voluntary employee with fewer full-time traditional employees hanging fruit.” out program announced earlier this year. buyouts FedEx announced earlier this year over the next three and a half years reflect- The other parts of the plan are the “We’ll be able to take out … thousands as well as “streamlined transactional func- ing a market shift for Express in which ongoing shift to a newer and more ef- of fixed heads that are managing these tions and back office functions,” according FedEx customers are choosing lower cost ficient air fleet with an acceleration in systems that will move to cloud computing to FedEx Express CEO David Bronczek. alternative to air transportation. the planned retirement of older aircraft across the enterprise,” Smith said dur- Bronczek said the company would FedEx executives also emphasized that already on the way out if demand for ing a question-and-answer session with have no numbers on a target for the num- their $1.7 million goal won’t be met with Express erodes with accounts for $300 analysts. ber of buyouts the company wants until growth in the Ground and Freight divi- million in savings. A change in the U.S. do- He was also adamant that the cost after the first of the year. sions. mestic market valued at $350 million will reductions would mean “no diminution in FedEx executives said the transforma- The initial reaction from analysts was mean adjustments to the domestic pickup service.” tion of the company has been under way positive, including Sterne Agee analyst Jeff and delivery and air network, according “Quite the contrary, we are actually for years. But they also admitted the blow Kauffman. Initially Kauffman was among to Bronczek. Air operations will reduce going to be able to improve the service to the Express division’s model from the the analysts who were skeptical about hours and maintenance of aircraft will be level,” Smith said. “There absolutely is no recession is a dominant factor in accelerat- FedEx founder Fred Smith’s insistence streamlined with some sourcing of parts diminution in service.”

GOVERNMENT

KEVIN MORGAN Groups Back Sales Tax Hike EMBA 2010

BILL DRIES | The Memphis News

coalition of six political and this month, it was on the condition that nonprofit groups has come out in the private support would also be coming Asupport of the countywide sales tax on board. increase on the Nov. 6 ballot. Leaders of the drive for the sales tax The groups who announced their sup- say they have been talking with private port are the Shelby County Democratic individuals about the rest of the funding. Party, Stand for Children, Mid-South Peace But they have not yet revealed who would and Justice Center, Latino Memphis, Our put up the rest of the funding. Kids Our Future, and Fight Crime, Invest The ballot question will be decided by in Kids. voters in Memphis and the unincorpo- Local Democratic Party chairman Van rated county. The Best Never Settle Turner said a vote against the sales tax Voters in the six suburban towns and hike is “a vote to raise property taxes.” cities in Shelby County do not vote on the for Second Best Other leaders of the coalition empha- question because they voted in August to sized the plan to use half of the revenue raise their city sales tax rates to support For your Executive MBA, choose the only business school in Memphis generated by the extra half-cent, $30.3 mil- municipal school districts. fully accredited by AACSB International — the premier accrediting agency lion, to expand pre-kindergarten programs The half-cent countywide sales tax for business schools worldwide. Our fall-to-fall EMBA program has to every child in Shelby County. hike would not be in addition to the sub- developed the area’s best executive talent for over three decades — By state law, half of the revenue from urban sales tax hikes. enrolling could be your best move toward achieving your career goals. a countywide sales tax increase must go If the countywide sales tax hike is ap- To learn more, join us for an Information Session. to education. That part of the estimated proved, it trumps those earlier decisions. $60.6 million in revenue from the extra It would mean less sales tax revenue for Thursday, October 18, 2012, 5:30–6:30 p.m., FCBE: Room 381 half cent would be part of the funding for the cities of Bartlett, Germantown, Col- RSVP to [email protected] or 901.678.4866. pre-k access across Shelby County. lierville and Millington. But it would mean The other part of the money would more sales tax revenue for Arlington and Fogelman College come from nonprofit groups. Lakeland. of Business & Economics When Memphis Mayor A C Wharton Jr. Millington’s sales tax hike initially memphis.edu/emba and Memphis City Council member Shea failed at the poll by three votes but Chan- Flinn changed their opposition to the tax cellor Arnold Goldin ruled the measure hike and announced their support earlier passed by 12 votes. www.thememphisnews.com October 12-18, 2012 27

real estate & development Early Results: Vesta Exceeds Expectations

SARAH BAKER | The Memphis News The association hosts the event to The association hasn’t had a Vesta This year’s Vesta also includes the first- showcase premier builders, products and Home Show since 2010 due to a consor- ever home that is heated and cooled with technologies for the building industry. tium falling apart at the last minute last geothermal heat pump technology, pro- The five builders participating in the 2012 year. This year, the local trade organiza- duced by Ruch Builders and Engineered on Glays, executive director of the show are Phil Bryce with Bryce Homes, Jon tion is able to put on the five-home show Comfort Inc. Memphis Area Home Builders Ruch with Ruch Builders, Dave Moore with through a partnership with Community “With this geothermal system together DAssociation, has three words to The Dave Moore Cos., Darin Halford with Bank of North Mississippi. with a tight thermal envelope, the pro- describe how the past few days of the Vesta Darin K. Halford, and Dave Tucker with D Less than a week into its first show in jected energy bill is $120 per month,” Ruch Home Show have performed: & D Custom Homes. two years, three of the five houses have said of his 5,100-square-foot home in St. “Beyond our expectations.” Glays said 2,500 people came through sold. And Glays said one of the builders is James Place that has already sold. “That is The Vesta Home Show kicked off in two days. The goal is to reach 25,000 reviewing a contract on the fourth house. about $0.02 per square foot. This was a key Saturday, Oct. 6, and continues through visitors by the end of the month. The houses, starting at 4,500 square part of the purchaser’s decision to buy the Oct. 28 at St. James Place, a gated, 12-lot “The crowds have been fabulous,” feet, are on one-acre lots and range be- home.” subdivision on Forest Hill Irene Road in Glays said. “In spite of the rain on Satur- tween $675,000 and $750,000. That speaks But the houses don’t stop at energy Germantown. day, we didn’t slow down one bit.” volumes about the market and where it’s efficiency. Each of the five homes dis- heading, Glays said, especially in German- play trendy design concepts, appliances town. and furniture. One of the participating “It’s a tribute to the builders who really furniture companies is Chestnut Hall of took a risk,” he said. “They put it all on the Germantown. REAL ESTATE & DEVELOPMENT line back in March when nobody knew Michael Baty, co-owner of the shop, where the market was going to head, and said business has seen increased sales over here we are with a fabulous show, the sub- the past two years, which correlates with Commercial Advisors division looks great, people are excited.” real estate market trends. The Vesta is also an outlet for Memphis “The show just started last Friday, so Area Home Builders Association members ostensibly, three of the homes were pre- Starts Capital Market Line to tout their ability to develop sustainable, sales. That’s a microcosm, I think, of what’s energy-efficient and affordable homes. going on in the industry as a whole,” Baty Each of the five Certified Green Profes- said. “We are seeing more traffic in our SARAH BAKER | The Memphis News sional Registered Builders participating in store that emanates from people moving the show built their own individual design to new homes or pre-existing homes.” meeting the Memphis Light, Gas and The St. James Place subdivision is on Water Division EcoBUILD requirements. Forest Hill Irene Road, between Poplar ushman & Wakefield/Commer- needs to refinance or new debt – there EcoBUILD delivers 30 percent average Pike and Winchester Road. Hours are Tues- cial Advisors Asset Services LLC are limited opportunities,” Soefker said. energy savings on electric and natural gas days through Saturdays 10 a.m. to 7 p.m. C has launched a Capital Markets “There’s nobody here really focusing on compared to homes built to typical prac- and Sundays 1 p.m. to 7 p.m. Visit www. Group, a new service line to complement the smaller deals, the middle-market, tices and codes. vestahomeshow.com for ticket info. the firm’s tenant representation and private-client type of opportunities.” third-party leasing and management For years, capital markets have been businesses. common in the major markets like Capital Markets is led by principal Atlanta and Tampa, where brokers focus Shane Soefker, a Memphis native and on deals in the $20 million-plus range. former senior managing director of Soefker said secondary markets like Cushman & Wakefield’s South Florida Memphis are well positioned to benefit offices. Soefker will work closely with from private dollars moving forward. Kemp Conrad, principal of Commer- “We will always see institutional cial Advisors’ Asset Services division, ownership in this market, especially on and Jacob Biddle on tenant advisory, the industrial side, but you’re going to directing sales and investment activity, see more and more private money to strategic planning and client relationship be spent in this market,” Soefker said. management. “You’ve got so much capital out there “We’re really good at tenant rep, right now and it’s just looking for op- property management and construction portunities.” management, leasing, and the execu- Examples of that activity in the past tion side on investment sales, but where 24 months include Raleigh, N.C.-based that gap was on development services,” In-Rel Properties Inc. and Santa Monica, Conrad said. “With Shane, it allows us … Calif.-based Hertz Investment Group more sophisticated analysis that affects LLC in the office sector and Loeb Proper- building valuation at exit, or how a lease ties Inc. on the retail front. deal changes the value.” Soefker said development deals can Conrad said there is a “whole of strata run the gamut, from more “cookie cut- of opportunities in the market,” espe- ter” type projects to extremely complex cially with private client deals from $5 with multiple variables. Capital Markets million to $20 million. will be selective about the deals it gets “That’s kind of an untapped segment involved in, and the majority will be fee- for us from a business development based starting off. standpoint,” Conrad said. “In bigger “They have a project, they need some deals, there’s a whole debt/equity com- sort of advisory service to help them ponent, which we really have even not execute,” Soefker said. “We can step in done much of here at all.” and provide that link from design to pre- And because lender parameters are construction to development to lease up requiring more equity, now is the time and stabilization.” to act. Soefker said as all of the 2006 and Collectively, Commercial Advi- 2007 loans start to mature, sponsors sors currently leases and/or manages deleveraging are poised to be a big part more than 20 million square feet of of the investment sales business going office, retail and industrial properties. forward. About 4 million square feet of that has “There are plenty of sponsors and been awarded to the firm in the last six owners out there, whether they have months with special servicers. 28 October 12-18, 2012 www.thememphisnews.com

Three More Law Talk From the Record McNabb Turns Adjectives After printing those letters last week, how can I not come back this week with more stuff from the Record? How can I not?! The writers of those letters don’t care that I To Legal Nouns, Verbs want to review books I’ve read, share the latest in haiku theory and fuel the debate on the Oxford comma. They want funny stuff that really hap- RICHARD J. ALLEY | Special to The Memphis News pened. In court. This week, I turn to my friend Peter V. McDonald, Q.C., of Hanover, Ontario, f not for a burst of pragmatism, became Shuttleworth Smith McNabb whose 1988 book, “Court Leland McNabb of McNabb & Williams before beginning his cur- Jesters,” sold enough cop- IBragorgos & Burgess PLLC, may rent practice in 1995. ies to merit a third printing have become a successful poet in- McNabb’s areas of expertise in- in 1993. Peter writes of a stead of a successful litigator. clude insurance law, pharmaceutical VIC FLEMING case in Stettler, Alberta, As a student at Vanderbilt Uni- defense, constitutional law, personal I SWEAR where the following col- versity, the Kentucky native was on injury law and workers compensa- loquy occurred between a his way to an English degree, taking a tion, among others. He has defended prosecutor and the arresting officer: class on Restoration Literature when honey buns, ice cream, fire hoses and Q. [H]ow long have you been with Royal Cana- he began asking himself what, ex- espresso machines, he said, and the dian Mounted Police? actly, he might one day do with such percentage of legal product con- A. Going on seven years, sir. knowledge. sumed by businesses and organiza- Q. [H]ave you had experience dealing with The editor of the university tions has grown two-and-a-half times the consumption of legal services by impaired drivers? magazine “Spectrum” at the time, MCNABB A. Yes, sir. Many times. McNabb went to interview a group individuals since the 1970s when he Q. [Has] eating one’s shorts ever gone on of law professors for a series of began his career. before? stories and what he found in the law Attorney General Phil Canale, where At 69, he shows no signs of slowing A. No, I’ve never had anyone eat their under- school was “the strangest collection of he worked for 10 years before joining down. It’s the “new stuff,” he says, wear. divergent personalities I’ve ever been the firm Goodman Glazer Greener that helps drive him Downtown every A suspected drunk driver had been observed in around in my life.” Schneider & McQuiston. day. “As long as you’re having fun, you His interest was whetted and “Herbert Glazer practiced law need to keep on.” the back of a patrol car tearing chunks of his briefs McNabb graduated from the Vander- until he was 92,” McNabb recalls. He and wife, Tabitha McNabb, an from his body, stuffing them into his mouth and bilt University School of Law in 1968, “When I went over there, Herbert and attorney with Harris Shelton Hanover swallowing them. The defendant said he thought and came to Memphis to work as a my mother were about the same age. Walsh PLLC, have one son, Lee, who, the cotton fabric would absorb the alcohol in his clerk for Justice Larry Creson in one She retired that year, and Herbert was McNabb said, has shown no interest stomach and lower his blood alcohol content. of this city’s most turbulent years. His running through the office to answer inthe legal profession. Peter time with Creson was invaluable to the phone.” McNabb can quote passages writes of him as a young lawyer just entering He learned a lot from both Creson by Rudyard Kipling and Winston I Swear Crossword another the profession. and his elders at the law firms he’s Churchill from memory, but is there briefs Fleming’s weekly puzzle Page 34 “Law clerks vary a good deal worked for over the years, and one of any similarity between his possible case, in their opportunities,” he said. “If the greatest lessons gleaned may be world of literature academia and his this one you’ve got a judge that fancies himself to never stop learning. He’s taken that lifelong career in law? in St. Catharines, Ontario. There’d been an armed a teacher, you’re in heaven; and if with him and turned it around to help “When it comes to writing in law, robbery of a convenience store. The perp had worn you’ve got a judge that doesn’t so with instructing and mentoring young English majors have to unlearn a lot, as a mask “an old, soiled pair of men’s underwear. fancy himself, you’re a gopher. It’s a attorneys both in his firm and in giv- and that can be quite painful,” he The image of an armed robber peering out from the wonderful way to start out; I enjoyed ing talks at the required 15 hours of said. “When you’re writing a brief, you opening in a pair of putrid jockey shorts” was more every minute of it. I just loved it.” continuing legal education each year. better hunt down your adjectives and than the Crown’s Attorney could handle. From Creson’s bench, McNabb From the Goodman Glazer firm, kill them if you can. Law is strictly a As the solemn and dignified prosecutor tried joined the prosecutor’s office under McNabb joined up with a firm that noun and verb world.” to routinely read the facts into the record, when he reached the details of the disguise, he lost it, breaking up with laughter. Laughter being conta- gious, it spread through the whole courtroom, with law & the courts everyone laughing the second and third time that he broke up at the same point in his reading. I wish I’d been there. We’ll conclude this retrospective on Peter’s Law School Making New Hires book with a visit to Vancouver, British Columbia, where an elderly couple were litigating property rights in connection with dissolving their “common ANDY MEEK | The Memphis News and promote a general awareness I think the law school’s a great contri- law” marriage. They were, it is said, before a judge of the law school. Her previous job bution to the city.” who was almost elderly himself. Oddly enough, found her as director of development That contribution is being each litigant had pretty much the same evidence for the university’s College of Arts and celebrated this month. The school’s against the other. ew faces are becoming a Sciences. Before that, she worked at 50th anniversary party will be held Their relationship had been fine until a few familiar part of the Univer- the Chi Omega Fraternity’s executive Oct. 27, and it will honor the school’s months earlier when they had vacationed at a re- N sity of Memphis Cecil C. headquarters in Memphis for a few history and the people who’ve been sort called Radium Hot Springs. The man said that Humphreys School of Law. years. part of that history, including former he returned from a walk one afternoon and found The school, which is closing in “We have this great facility, and deans, professors and alumni. The his woman in bed with another elderly man. The on its 50th anniversary celebration we had a great campaign for the event is being presented by Glass- woman’s testimony was that she had been out for a later this month, is in the midst of a move Downtown, so my role will man, Edwards, Wyatt, Tuttle & Cox PC walk one day and came back to the cabin to find the health law initiative. It’s looking for a be stewarding those donors that and The Glassman family, and more man in bed with one of the neighborhood women. professor who will start up a health contributed to the law school but than 1,500 alumni and community Before issuing his ruling, the judge took a recess law program there. also finding sources of funding for members from across the city, state and invited both lawyers into chambers. “I’ve de- That’s according to Holly Hazlett, programs,” she said. “And we have and country are expected to attend. cided one thing already,” he told them. “From now herself a new face at the law school. some really great initiatives that we In other news, the school is host- on I’m going to take all my holidays at Radium Hot She’s the new director of develop- are starting here.” ing an admissions workshop and Springs.” ment, a position she’s held for a little Hazlett grew up in Ohio and went recruitment fair Oct. 23. The admis- Fleming is a district court judge in Little Rock. more than a month now. to school at the University of Dayton. sions workshop will last from 5 p.m. In that position, she’ll help raise “I’ve been in Memphis for eight to 6 p.m., and the recruitment fair funds as well as work with alumni years,” she said. “I love Memphis, and will follow that, from 6 p.m. to 8 p.m. www.thememphisnews.com October 12-18, 2012 29

Memphis STANDOUT Redbirds GM Named PCL Executive of Year

DON WADE | Special to The Memphis News the 2012 debut of minor-league baseball’s “The Philadelphia “He asks a lot of ques- largest video board and an improved Charge,” he said. “It was tions and he listens to the boardwalk area – amenities that enhanced a great lesson, taught me answers,” Traub said. “One the sights and sounds for fans. that you’ve got to have of the best qualities he has rowing up outside Philadelphia, “It’s changed the atmosphere in the strong season-ticket hold- is he doesn’t walk into a Ben Weiss rooted for the home ballpark,” Weiss said of the 3,600-square- ers, but on a nightly basis room assuming he knows Gteams – Phillies, Flyers, Eagles and foot video board. “Brightened things up.” you have to have great everything. Baseball is a 76ers. But his strongest memories aren’t of Although 2012 season attendance was group sales.” funny business because you games won and lost, of home runs hit or flat from the previous year and the 493,706 Global Spectrum don’t know what you don’t touchdowns scored. put the Redbirds sixth in the 16-team PCL, manages the Redbirds; the know.” Rather Weiss, the Memphis Redbirds’ it was more than respectable considering soccer team was under One thing Weiss does general manager, recalls his trips to Vet- June and July were unusually hot and the the umbrella of Comcast- weiss know is that some promo- erans Stadium – “the sights, the sounds, baseball was, well, uncommonly bad. Spectator/Global Spec- tional ideas work better the smells,” he said, sounding like a future “Winning and losing, we all go through trum. That first job led to than others. The replica baseball executive concerned about atten- it and none of us has control over it,” said other opportunities, such as selling pre/ World Series ring giveaway, an idea appro- dance and the “fan experience.” John Traub, general manager of the PCL’s post-game assets for the Flyers, 76ers and priated from the parent St. Louis Cardinals, When reminded that Hall-of-Fame Albuquerque Isotopes and someone Weiss other minor-league teams. He also was an was a huge hit. So were Elvis bobbleheads. Phillies third baseman Mike Schmidt actu- identifies as a mentor. “So we commiserate assistant GM at Sun Nation Bank Center in The Memphis Blues T-shirts didn’t gain as ally was booed by the home crowd at the a lot about the weather and other things Trenton, N.J., and most immediately be- much traction with fans. end of his career, Weiss laughed: “Yeah, out of our control.” fore coming to Memphis in 2009, was GM “But we’re not giving up on those well, he struck out a lot.” Weiss didn’t set out to be a baseball of the Mullins Center on the campus of the theme nights,” Weiss said. “We need to let Then later, speaking of the Philly fans’ general manager. He played Division II golf University of Massachusetts. them build.” tough reputation, “It’s a front,” he said. in Pennsylvania and figured he could make Weiss made a favorable first impres- Already, Weiss says he is looking toward “Everybody’s a softie up there.” a living as a club pro. “Then I realized I sion on Traub when they played in the 2013 and moving up from sixth in atten- Although the Redbirds just completed wasn’t that good,” he said. He tried outside same foursome at the league meetings in dance – maybe to third next year, then a dismal 57-87 season on the field, the sales with Lucent Technologies and knew Florida – “I think he won me a sleeve of second and eventually to the top. Pacific Coast League named Weiss, 35, its that wasn’t what he wanted to do. When golf balls and a shirt from the pro shop,” “You have a team on the field and you Executive of the Year. Weiss credits this he saw an ad in the Philadelphia Inquirer Traub said – but more importantly Weiss have a team in the front office,” Weiss said. season’s off-field success to the ground- for a ticket sales position with a women’s came across as a pro’s pro away from the “Everybody has that same competitive work laid the previous two seasons and to professional soccer team he went for it. golf course. fire.”

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EDUCATION COMMUNITY Commission Argues Racial Volunteer Spirit ‘Resegregation’ WEVL thrives on independent streak, listener support

BILL DRIES | The Memphis News

ttorneys on all sides of the federal court case over municipal school dis- Atricts are waiting for a ruling from U.S. District Court Judge Samuel “Hardy” Mays on issues involving the Tennessee Constitution. And they are filing the motions and pleadings that will shape the upcoming Janu- ary hearing Mays will conduct on the U.S. Constitutional issues in the case. As both parts of the legal claim with the same common focus – municipal school districts – became active this week, the new filings on the most volatile of the legal claims roiled already choppy political waters. The Shelby County Commission claims, through its attorneys, that that the formation of the municipal school districts in the six suburban towns and cities amounts to an ille- gal racial “resegregation” of public education in Shelby County. And that would violate the U.S. Constitution’s equal protection clause. Mays has said that part of the case is the equivalent of a schools desegregation lawsuit in its complexity and legal issues. Photo: Lance Murphey In a filing Friday, Oct. 5, the commission’s Rebecca Chertow is host of WEVL’s Pajama Party, which airs from 4 p.m. to 6 p.m. Saturdays. The station will be attorneys raised the possibility that if the holding its 36th anniversary fall pledge drive Nov. 9-17. court agrees with it on the federal questions, the commission would be funding unconsti- ANDY MEEK | The Memphis News they could reach the town by flying into someone walking into a record store, tutional school systems and could be sued, in Memphis. “The drive to Oxford takes picking about 10 shelves at random and effect, after winning the legal argument. about an hour and 20 minutes,” the just saying “I’ll take one of everything.” Some on the commission, notably com- story went on, before adding, “Be sure to His playlist encompasses rock, blues, missioner Terry Roland, took it to be an e volunteer. flip your radio dial to WEVL 89.9 FM.” jazz, folk, soul and a lot more. attempt to stop funding of the municipal Those two words com- If those travelers do that, of course, Vaughn played a benefit show at school districts now. Wprise this particular radio they’ll hear what Memphians have Otherlands in recent weeks that pulled County Commission chairman Mike Ritz station’s independent streak and enjoyed for years – broadcasts and in more than $2,000 for the station, said it is not – at least not yet. listener-supported ethos, which traces volunteer-prepared shows that start according to WEVL program director “What we are asking for is direction from its beginning to 1976 and to the days of daily at 6 a.m. There are about 60 pro- Brian Craig. About his first Memphis the court as to whether or not we should fund vinyl and reel-to-reel tapes. grams a week, everything from blues to appearance since performing at a 2003 municipal schools,” Ritz said. “If we fund Those two words are just as relevant bluegrass to alternative country. WEVL benefit, Vaughn, a composer for municipal schools and they are later found to to the Memphis station’s mission 36 The programs include My Morning TV sitcoms like “3rd Rock from the Sun” be segregated, we are liable. … So we do not years later in 2012, when volunteer Mixtape, broadcast every Wednesday and “That 70s show,” said “I’m always want to make a mistake and fund a segre- deejays spin in many cases tunes from from 6 a.m. to 8 a.m. and which essen- jazzed about playing in Memphis.” gated school system. We’re asking the court homemade playlists in a digital world tially presents listeners with a “mixtape” Meanwhile, WEVL is hosting its sec- to decide if the municipal school districts are where even the CD now is becoming a of modern and indie rock. There’s also ond annual trivia tournament Oct. 21 at segregated. We can’t refuse funding.” relic. And a hint of those two words still The Many Moods of Ben Vaughn, a show 5 p.m. Sponsored by International Paper Ritz says the question of funding still has is visible in the station’s name: WEVL hosted by Ben Vaughn that airs from 9 Co., it’s part of the station’s continuing some time to be resolved by a ruling or rul- 89.9 FM. a.m. to 10 a.m. on Tuesdays and from 6 efforts to maintain the funding that’s ings from Mays on the larger issues. A New York Times travel story about p.m. to 7 p.m. on Fridays. kept the lights on and the music playing Mays has heard and had filed all of the Oxford, Miss., in late 2011 told readers Vaughn’s show is the equivalent of for nearly four decades now. proof from all of the sides in the challenge on the municipal school districts on grounds the state laws permitting them violate the Tennessee Constitution. If Mays throws out REAL ESTATE & DEVELOPMENT the state laws from 2011 or 2012 that set the ground rules for forming such school districts, the federal constitutional claims are MAAR Members Honored at State Level a moot point. If Mays upholds the laws, Ritz says there is still time to decide the federal issues before SARAH BAKER | The Memphis News outstanding service to the leadership of Carol Lott, 2012 MAAR president, the start of the 2013-2014 school year in Au- the real estate industry. received the first-ever TAR Champion gust, which is when suburban leaders want to Leon Dickson, immediate past Award for her dedication to MAAR’s open their schools – as the two public school president of MAAR, was chosen as TAR’s Realtors Political Action Committee. systems in Shelby County merge. everal members of the Memphis 2013-2014 division vice president. New TAR Leadership graduates are “There’s a chance he will,” Ritz said. “Jan- Area Association of Realtors Pat Beech, also a past president of Regina Hubbard, MAAR’s 2013 presi- uary starts that trial. But it would be close.” Sreceived recognition at the recent MAAR, was selected as 2013 secretary/ dent-elect; Rae Ann Stimpson; Ludora If it is too close, Ritz said the motion’s Tennessee Association of Realtors 93rd treasurer. Cooper; and Ron Guy. reference to funding might then become a annual convention in Kingsport, Tenn. Sue Turner, 2012 Tennessee associa- In addition, Dickson and Guy were request for at least a temporary court order Current MAAR vice president Steve tion president, will continue to serve as elected to serve on the Tennessee Real to bar county funding of municipal school Brown received TAR’s 2012 Presidential immediate past president on the MAAR Estate Education Foundation Board of districts pending a ruling on the larger issues. Award. That award is given in honor of Executive Committee. Trustees. www.thememphisnews.com October 12-18, 2012 31

Newsmakers With Advertising, Levine Joins Southern Growh Studio Be Sure to Go Big Or Go Home Kate Simone | The Memphis News “What happens in Vegas, stays in Vegas,” or so the slogan goes, but every time I visit Sin City I’m inspired to share how ex- Mark Levine has joined Southern Growth Studio as president. In ceptionally well big brands in this congested his role, Levine leads the Strategic Analysis team and plays a key part market advertise in larger-than-life ways. in company culture, business development and client relationships. Standing out from the tremendous volume of advertising clutter is the name of the game in Hometown: Birmingham, Ala., but of-a-kind firm in the Mid-South – an Vegas, and marketers could learn a thing or Memphis has been my home for the opportunity to be at the intersection two from this go-big-or-go-home approach. last four years. of strategic planning, innovation, field Standing in McCarran International in Ve- research and brand planning. It’s rare gas a couple of years ago, I watched a ripple Work experience: Formerly director to find an environment where con- of commotion sweep through baggage claim of mergers and acquisitions, The Ser- sumer anthropologists, design think- as a red trunk with a viceMaster Co.; director of business ers, economists, brand planners and pair of women’s legs development, Guardian Pharmacy; MBAs work together for a wide range protruding from one roles in finance and strategy, The of clients, including some of the fast- end, as though her Home Depot; financial consultant, est-growing companies in the country. body were enclosed Ernst & Young Corporate Finance; as- LEVINE in the case, circled sociate, VCapital investment bank. What are your goals in your new the carousel with all position? Continue building upon an Richard Myers, partner of the other indis- Family: My wife, Michelle, and I have already strong foundation for growth. and former managing partner tinguishable black a 7-year-old black lab named Ollie and of Apperson Crump PLC, has roller bags. Printed on Lori turner- are members of the Temple Israel What do you consider your great- wilson been elected to the board of the the side of the trunk congregation in East Memphis. est accomplishment? This is a tough guerrilla sales World Cataract Foundation. was: “Lance Burton, and marketing one. … I’ll go with the trophy I received Myers joined the firm in 1997. Master Magician, Who has had the greatest influence for being named “Most Cooperative” Monte Carlo.” I was struck by its simplicity on you? My parents, for providing en- on my first-grade soccer team. Glankler Brown PLLC at- and spectacular effect – a reminder to seek couragement and support, teaching torneys Saul C. Belz and Oscar out new marketing channels beyond the morals and values, and being wonder- What do you most enjoy about your C. Carr III have been named traditional mass media often clogged with ful role models in general. work? Working with a diverse and tal- litigation stars by Benchmark competitor ads. ented team on a wide variety of chal- Litigation, a guide to the na- All too often, advertising dollars are spent What attracted you to Southern lenging engagements in an environ- tion’s leading business litiga- on “me too” campaigns, where the only Growth Studio? The Studio is a one- ment that fosters creativity. tion firms and attorneys. In distinguishable aspect between your ad and addition, Glankler Brown was your competitor’s is your logo. We must put named a top litigation firm in forth a stronger effort to generate a return the area. in this increasingly competitive marketplace where most businesses are so commoditized Stephen R. Crisman has that true differentiators are hard to come been appointed vice president by. If your next campaign could use a little for advancement at Christian Brothers University. Crisman oomph, take heed of these best practices in will lead the university’s fund- breakthrough advertising. raising initiatives and will serve A family law practice put its faithful com- as the resource liaison for the panion, a yellow Lab, on the payroll during board of trustees’ advancement lunchtime walks as a way to bring home the committee. realities of what’s at stake in the unfortunate event of a divorce. They hung a sign across Randy Hudgings and Chris the pup’s back reading, “Who Keeps Me? Triplett of the Memphis office Green & Co, Divorce Specialists.” of Barge, Waggoner, Sumner To launch its new upscale T-shirt and and Cannon Inc. have graduat- underwear line, brand GoldToe outfitted high- ed from the Lipscomb Universi- profile statues across New York City – includ- ty College of Business’ School of ing placing a rather large pair of underpants Executive Education. Hudgings on the Wall Street Bull. is the director of Barge Wag- Mr. Clean took an everyday crosswalk and goner’s aviation business unit, hit home its primary differentiator – its ability and Triplett is office manager. to clean even the dirtiest of jobs – in an inno- vative and low-cost way. They simply painted Ten Memphis educators one of the stripes in the crossing bright white, have been named American in contrast to the dingy grey of the others, Achieves Fellows and recently and added the infamous Mr. Clean logo. attended the NBC News Edu- To promote its new easy-grip bottle, Coca cation Nation Summit as rep- Cola printed transit shelter posters on Velcro resentatives of Memphis-area that literally made passersby interact with schools. They are: Monica the brand by catching their pant legs or jack- Brown, Patrice Shipp, Melissa ets. Talk about an engaging “hook.” Collins, Steven McKinney, Ti- The beauty of breakthrough advertising sha White, Brittany Clark, Ag- is it doesn’t have to cost a fortune; it just ata Jedrzejewski, Tanya Den- requires a little ingenuity and courage. nis, Kashunda Hill and Davida Smith-Keita. Lori Turner-Wilson is an award-winning columnist and CEO/Founder of RedRover Sales First Baptist Church Pas- & Marketing, www.redrovercompany.com. You Friday at 7:00pm WKNO tor Keith Norman has been can follow RedRover on Twitter (@redrov- Friday at 7:30pm WKNO2 awarded the Bishop Carroll T. ercompany and @loriturner) and Facebook Dozier Award for Peace and (facebook.com/redrovercompany). Sunday at 8:30am WKNO Justice from Christian Brothers University. 32 October 12-18, 2012 www.thememphisnews.com

law & the courts EDUCATION Dispute Arises Over School Filings Represent Board Race Numerous Possibilities BILL DRIES | The Memphis News For Schools Case

he Shelby County Election Commission Bill Dries | The Memphis News liminary steps” toward creating such argue it is so unlikely as to be virtually has identified 837 disputed votes in the school systems. impossible for the municipal school TAug. 2 election for the District 4 county- The distinction, if agreed to by acts to ever apply to Henry, Wilson, wide school board seat. Mays, could be important if his ruling Williamson, Scott or Marion counties. The information disclosed last week as part Judge Mays has all he overturns the state laws passed this That leaves Carroll and Gibson of a legal challenge of the results in the district year that effectively moved up the abil- counties, which became the focal point race prompted a delay of a trial in the case needs to make ruling ity of the suburban leaders to hold the of the three days of trial testimony and before Chancellor Kenny Armstrong until some on future of schools referendums. arguments Mays heard in Septem- time after the Nov. 6 elections. The Tennessee Attorney General’s ber. Both counties also dominate the Countywide school board member Kenneth office had said in a March legal opinion proposed findings of fact submitted by Whalum Jr. is challenging his 108-vote loss to ll six population maps for Car- that the 2011 law on forming mu- each side. Kevin Woods in the certified election results roll and Gibson counties are on nicipal school districts did not permit The County Commission’s legal from the District 4 balloting. In his lawsuit, Afile. And Memphis federal court referendums or any other step toward counsel argues Carroll County will Whalum cites the same general election prob- Judge Samuel “Hardy” Mays has all of forming a municipal school district never meet the requirements for mu- lems that prompted a state comptroller’s office the material he needs to make a criti- until the merger of Memphis city and nicipal school districts of at least 1,500 audit, a six-month probationary period for cal ruling on the future of municipal Shelby County schools takes place in students. And attorneys for the com- Shelby County Elections Administrator Richard school districts in Shelby County. August. mission argue Gibson County doesn’t Holden and a decision by Chancellor Arnold The deadline for the maps and Mays, in his ruling, could choose have a county school system that the Goldin to reverse the results of another race. “proposed findings of fact” – what each to put that opinion to the test if he Milan special school district could At a hearing before Chancellor Kenny Arm- side would propose should be included cancels out the 2012 state laws. merge with. No county school system strong, the attorneys on all sides including the in Mays’ ruling – was Thursday, Oct. 4. Even if the statute could only apply means no county schools superin- attorney for Woods, who is an intervenor in the Mays has not said when he is likely now to Shelby County, attorneys for tendent and such a superintendent is case, conferred with Armstrong in his chambers to rule. He’s given very little indica- the state argue that doesn’t mean it required to participate in the consoli- about the election commission numbers. tion about what he considers to be violates the state constitution “when dation planning commission required Election commission attorney John Ryder relevant and irrelevant in the three the statute is written so that other by state law for such a merger. said later the disputed votes include 370 voters days of hearings he held last month as counties may subsequently take action Attorneys for the state of Tennessee who live outside District 4 but who were al- well as numerous conferences with the to bring them under its coverage.” in their brief say that a county school lowed to vote in the District 4 race. The elec- attorneys. They cite a 1974 Tennessee Supreme system would be formed for purposes tion commission information includes who His ruling will be on the questions Court case involving Nashville’s metro of a merger and that a nonexistent they voted for. Another 186 voters who live of whether state laws governing the government. county school system with no students outside of District 4 got ballots that included establishment of the suburban school There are eight counties in Tennes- would increase in size by 100 percent the District 4 race. But the precinct information districts are in line with the Tennessee see including Shelby with school dis- with a merger with any of the special for those voters doesn’t indicate whether they Constitution or violate it. The specific tricts that are special school districts. school districts in Gibson County. voted in the race and if so for whom they voted. parts of the constitution at the center But attorneys for the Shelby County The county school system in Car- The remaining 281 voters live in District 4 but of this part of the case are those that Commission contend the state laws roll County had two students in the voted in other school board district races. define what is a general state law and passed in 2011 and 2012 on the forma- 2010-2011 school year, according to Any one of the three totals is more than the what is a private act. tion of municipal school districts are the state filing, and each of the six spe- margin between Whalum and Woods in the vote But his decision on that point could rules that only apply to the merger cial school districts there have more count. And the legal test in Tennessee law for a trigger a number of possible rulings on of the Memphis City Schools special than four students meaning a merged lawsuit contesting election results is whether other questions. school district with the Shelby County school system would be 100 percent the disputed votes would change the outcome Attorneys for the six suburban Schools system. It is that merger, which larger than the present county school of the election. Whalum’s attorney Robert towns and cities in Shelby County Mays upheld last year, that triggers the system. The city of McKenzie, in Car- Spence described 556 of the votes as “illegal.” specifically say that none of the mu- option of forming municipal school roll County, has in its city charter the “Those totals are going to be verified by the nicipalities have formed municipal districts when the special school ability to operate a municipal school parties,” Spence said after the hearing ad- school districts yet. Each community district is 100 percent of the size of the system and it has a school-age popula- journed. “We just got those totals last week. We defines the referendum elections held county school system it will merge tion of 1,218, which is below the 1,500 will try to better understand how they arrived at in August and the coming school board with. threshold required for such a school those totals.” elections on the Nov. 6 ballot as “pre- Attorneys for the commission district in the most recent legislation.

The Market: Residential See your listing in The Residential Market. Contact Patricia McKinney at 901-528-5271, [email protected]

Advertise Your PERFECT LAND FOR SALE or LEASE HUNTING FOR HUNTING GETAWAY Listing Here for only Highway 196, Gallaway, TN 700 acres of timber land located $299,000 On Hwy 247 15 minutes west of Tuscumbia, Alabama Roads, creeks and springs going through the land $30 per Week Barbara Fletcher 20 –year-old pine and some oak 108 ACRES IN FAYETTE COUNTY Cell: (901) 848-8256 Approx. 927sf rd front/ Hwy 196, for bldg. [email protected] 12 green plots For more information, contact Lots of Wildlife, for hunting. Standing 2868 Summer Oaks Turkey and deer timber can be harvested. West side Bartlett, TN 38134 $1,900 per acre negotiable Patricia McKinney at 901-528-5271 or borders RR. East side borders Loosahatchie For more information call River, NW corner (1acre) used for wetlands. [email protected] Call agent for directions and to see the 256-383-1837 or 256-383-5565 property. www.thememphisnews.com October 12-18, 2012 33

restaurant industry Neely’s Has Plans to Revamp Jefferson Store

SARAH BAKER | The Memphis News can. Sometimes, you’ve got to step back cept in Downtown Memphis’ Jefferson phis. I like sitting outside on a beautiful and take a look at that and make sure that Avenue location. day, it relaxes me.” it’s executed properly. That’s what we’re “I want to represent something that’s a The couple is concentrating more on doing here. We’re not running away. This is little higher scale – that doesn’t mean pric- the Jefferson location, the original shop at and Gina Neely, Memphis bar- home.” ing, but just the atmosphere,” Neely said. since February 1988, rather than the Mt. becue entrepreneurs and celebrity Neely said many locals are unaware “When you go in, you feel good about it, Moriah Road location. Pchef couple from “Down Home with that they have a house here. They do it’s a fabulous place, you get a great cock- “Mt. Moriah, you have to realize, when the Neely’s” on the Food Network, have spend a good bit of time traveling for their tail, you’re hearing great music, you have a they opened (Tenn.) 385, a lot of that traf- closed the two Memphis Neely’s Bar-B- show, appearances and also their New York chance to sort of wind down.” fic just passes over,” Neely said. Que restaurants, FedExForum concessions restaurant, Neely’s Barbecue Parlor, that Neely is in early talks with Barry Both Gina and Pet Neely also sit on the and catering business. they opened in a partnership in July 2011. Yoakum of archimania, as well as groups board of Victorian Village Inc., and find the All Neely’s Memphis operations ceased “We have one room where you’re just in New York and Atlanta, on new design upcoming plans of park renovation and Friday, Oct. 5, with no set re-open date. sitting on the back porch,” Neely said. “Be- schemes. potential medical student housing promis- Gina Neely said the “heart-felt, gut- cause I grew up in an era when my great- “I want to (remove) the old carpet. … I ing for family-oriented eateries in the area. wrenching decision” to close was due to great grandmother used to have a parlor in really want it to be a fabulous place when “We want to open as soon as possible, family health issues and hectic schedules. the house. You would sit and drink sweet it opens so that people when they come in but our key here is to get it done and to get “We’re not giving up on Memphis, we tea and you get the best gossip you could will say, ‘Oh my gosh, this does not even it done right,” Neely said. love Memphis, and we want the best for ever get. The restaurant there is centered look like the same restaurant,’” Neely said. The Neely’s Nashville location is owned Memphis,” Neely said. “But we also want around that.” “I want a little patio on the side because by Pat Neely’s brother Tony Neely and will to be represented in the best way that we She hopes to re-create a similar con- we don’t really have many patios in Mem- remain open.

The Le Bonheur Pump- St. George’s Independent School will hold » the arts kin Run 5K will be held an admissions open house for its Germantown UrbanArt Commission will hold a dedication Rhodes College’s Memphis Center Saturday, Oct. 13, at 9 campus (pre-kindergarten through fifth grade) a.m. starting at Marsh Tuesday, Oct. 16, at 6 p.m. at 8250 Poplar Ave. ceremony for Mark Nowell’s sculpture in the To- will present a lecture by Dr. Charles Hughes headquarters, 1000 Visit sgis.org or call 261-2300. bey Park Skate Park Friday, Oct. 12, from 3 p.m. Ridgeway Loop Road. to 5 p.m. in the park, on Avery Avenue between titled “Got What I Got the Hard Way: The Boo Bash after-race Baptist Women’s Hospital will continue a well- Hollywood and Flicker streets. Visit urbanart- » commission.org or call 454-0474. party will include music, ness seminar series with “Breast Cancer Risks, Rethinking the Memphis Sound” Wednesday, food and kids’ activities. Facts and Treatment” Tuesday, Oct. 16, at 6 p.m. Oct. 17, at 6:30 p.m. in the Barret Library 300 Visit pumpkinrun.org for at the Benjamin L. Hooks Central Library, 3030 St. George’s Episcopal Church will host an registration information. Poplar Ave. Cost is free. Contact Diane Jalfon artist meet-and-greet reception for Ann Cobb Lobby on the Rhodes campus. Cost is free. at [email protected] or Beach Friday, Oct. 12, from 6:30 p.m. to 8:30 The Memphis Latino 415-2831. p.m. at St. George’s, 2425 S. Germantown Road. Contact Dr. Milton Moreland at morelandm@ Leadership Awards Beach’s exhibit, “Voila!” is on display in the will be held Saturday, Talk Shoppe will present a free talk on the church’s gallery through Oct. 31. Call 754-7282. rhodes.edu or 843-3831. Oct. 13, from 5 p.m. to 11 Tennessee Valley Authority’s residential energy p.m. at Hilton Memphis, efficiency programs Wednesday, Oct. 17, from 9 Memphis Symphony Orchestra will present 989 Ridge Lake Blvd. a.m. to 10 a.m. at Better Business Bureau, 3693 “Stax! The Memphis Sound” pops concert The event will include Tyndale Ave. Ben Cooper of TVA will speak. Visit Saturday, Oct. 13, at 7:30 p.m. at Cannon » Community awards in five catego- talkshoppe.biz. Center for the Performing Arts, 255 N. Main ries, keynote by Dia de la Mujer Latina founder St. Guest performers include Booker T. Jones, Memphis International Raceway will host the and CEO Venus Gines, music by Marcela Pinilla The Council of Supply Chain Management William Bell, Kirk Whalum, Wayne Jackson of International Hot Rod Association’s Summit and a local Hispanic youth choir, silent auction Professionals Mid-South Regional Round- the Memphis Horns and more. Tickets start at Racing Equipment World Finals Friday, Oct. and more. Cost is $100 per person or $165 per table will host a tour of the new ASICS facility $15. The concert will also be held Sunday, Oct. 12, through Sunday, Oct. 14, at the track, 5500 couple. Visit mlla2012.eventbrite.com or call in Collierville Wednesday, Oct. 17 at 10 a.m. at 14, at 4 p.m. in The Magnet across from the Stax Victory Lane. Cost is free with a printable ticket 755-5551. the facility, 549 Wingo Road. Check-in begins at at ihra.com. Museum, 926 E. McLemore Ave. Visit memphis- 9:30 a.m. Cost is $25; space is limited. Register symphony.org. Memphis Heritage will hold its fourth annual at cscmp.org or email midsouthcscmp@gmail. The Memphis/Mid-South chapter of the Adapt-a-Door Auction Party Saturday, Oct. 13, com. Federal Bar Association will present the 2012 IRIS Orchestra will present “Schubert’s at 7 p.m. at Howard Hall, 2282 Madison Ave. annual federal practice seminar Friday, Oct. Symphony, Unfinished & Immortal,” Saturday, Visit memphisheritage.org. Sales and Marketing Society of the Mid- 12, from 8 a.m. to 4:15 p.m. at the University of Oct. 13, at 8 p.m. at Germantown Performing South will meet Wednesday, Oct. 17, from 11:30 Arts Centre, 1801 Exeter Road. Buy tickets at Memphis Cecil C. Humphreys School of Law, 1 My Urban Workspace will hold “Cupcake Wars” a.m. to 1 p.m. at Racquet Club of Memphis, 5111 N. Front St. A judicial reception will be held from irisorchestra.com. as part of its Downtown cooking class series Sanderlin Ave. Steele Ford, senior director of 4:15 p.m. to 5:30 p.m. Cost is $175 for federal Sunday, Oct. 14, from 2 p.m. to 4 p.m. at its facil- sports marketing for ALSAC/St. Jude Children’s bar association members and $225 for non- Lindenwood Christian Church will begin its ity, 6 W. G.E. Patterson Ave. Attendees will learn Research Hospital, will present “Leveraging concert season with a concert by pianist John members. Contact Mary Morris at mmorris@ how to make healthy cupcakes. Cost is $49. Partnerships to Further Your Mission.” Cost is bpjlaw.com or 524-5144. Bayless Sunday, Oct. 14, at 4 p.m. at the church, Visit myurbanworkspace.com. free for members; cost for nonmembers is $25 2400 Union Ave. Cost is free and no tickets are in advance and $30 at the door. Visit sms- needed. Visit lindenwoodcc.com. The University of Tennessee Health Science WEVL FM 89.9 will host its second annual midsouth.org. Center will hold a women’s health forum Friday, trivia tournament fundraiser Sunday, Oct. 21, at Germantown Performing Arts Centre will Oct. 12, from 2:30 p.m. to 4:30 p.m. in the Vene- 5 p.m. at Minglewood Hall, 1555 Madison Ave. The Rotary Club of Memphis East will meet host Cirque Chinois, the national circus of the tian Room of The Peabody hotel, 149 Union Ave. Cost for six-player teams is $90, and cost for Wednesday, Oct. 17, at noon at The Racquet People’s Republic of China, Sunday, Oct. 14, at 7 Cost is free, and the event is open to the public. individual players is $15. Registration deadline Club of Memphis, 5111 Sanderlin Ave. Mayor AC p.m. at GPAC, 1801 Exeter Road. Buy tickets at Visit uthscalumni.com/2012medicineweekend is Monday, Oct. 15. Visit wevl.org or call 528- Wharton will speak. Cost is $17. R.S.V.P. to Lee gpacweb.com or call 751-7500. for details. 0560. Hughes at [email protected].

LaunchMemphis will host 48-Hour Launch The Memphis Association of Law and Busi- Kiwanis Club of Memphis will meet Wednes- Playhouse on the Square will present “Hot Friday, Oct. 12, through Sunday, Oct. 14, at the ness will host a lecture by Christine Richards, day, Oct. 17, from noon to 1 p.m. at The Peabody L Baltimore” through Sunday, Oct. 14, at LaunchMemphis office, 516 Tennessee St., suite executive vice president of general counsel at hotel, 149 Union Ave. Cost is $25 for nonmem- Playhouse, 66 S. Cooper St. Visit playhouseon- 127. Welcome and pitches begin Friday at 6 p.m., FedEx, Tuesday, Oct. 16, at noon in the Univer- bers. thesquare.org for times and tickets. and startup presentations begin Sunday at 6 sity of Memphis Cecil C. Humphreys School p.m. and are open to the public. Visit launch- of Law Wade Auditorium, 1 N. Front St. Visit Greater Memphis Chamber Small Business The Orpheum Theatre will present “Catch Me memphis.com. memphis.edu/law for details. Council will hold an “In the Mix” networking If You Can” Tuesday, Oct. 16, through Oct. 21 event Wednesday, Oct. 17, from 4:30 p.m. to at the theater, 203 S. Main St. Visit orpheum- The Memphis Farmers Market will be open Memphis Rotary Club will meet Tuesday, Oct. 6:30 p.m. at Malco Ridgeway Theatre, 5851 memphis.com or call 525-3000 for showtimes Saturday, Oct. 13, from 7 a.m. to 1 p.m. at Cen- 16, at noon at the University Club of Memphis, Ridgeway Center Parkway. Cost is free for and tickets. tral Station Pavilion, 545 G.E. Patterson Ave. at 1346 Central Ave. Joe Leibovich, author of “Too members and $20 for nonmembers. R.S.V.P. to South Front Street. Visit www.memphisfarmers- Fat for Europe,” will speak. Cost is $18. R.S.V.P. Tunga Lee at [email protected] or Dixon Gallery & Gardens will host Art After market.org for more information. to Taylor Hughes at [email protected]. 543-3571. Dark Thursday, Oct. 18, from 6 p.m. to 9 p.m. at Dixon, 4339 Park Ave. The event will include The American Cancer Society will hold 12th My Urban Workspace will hold “A Night in Memphis Botanic Garden will host Botanical music by Velvet Revolution and a performance annual Making Strides Against Breast Cancer France” as part of its Downtown cooking class Biergarten Thursday, Oct. 18, from 6 p.m. to 9 by Collage Dance Collective. Visit dixon.org. 5K walk Saturday, Oct. 13, at 8 a.m. starting in series Tuesday, Oct. 16, from 6 p.m. to 8 p.m. at p.m. at the garden, 750 Cherry Road. The event Laurelwood shopping center at Poplar Avenue its facility, 6 W. G.E. Patterson Ave. Chez Phillipe will include beer and food pairings as well as The Circuit Playhouse will present “Zombies and Perkins Road Extended. Registration begins chef Ryan Spruhan will teach attendees how live music. Proceeds benefit Memphis Botanic from the Beyond” through Oct. 28 at Circuit, 51 at 6:45 a.m. Visit makingstridesmemphis.org or to make a three-course French dinner. Cost is Garden and Harwood Center. Cost is $30. Visit S. Cooper St. Visit playhouseonthesquare.org call 278-2901. $49. Visit myurbanworkspace.com. memphisbotanicgarden.com or call 636-4131. for times and tickets. 34 October 12-18, 2012 www.thememphisnews.com

Week of 10/1/12 - 10/7/12 crosswords The Weekly

Crossword Edited by Margie E. Burke The Weekly Crossword by Margie E. Burke ACROSS 12345 6789 10 11 12 13

1 Scorch slightly 14 15 16 6 Boo-Boo, for one 17 18 19

10 Untidy one 20 21 22 23 14 Wear black, perhaps 24 25

15 Suggest 26 27 28 29 30 31 32 33 strongly 16 Booze it up 34 35 36 37

17 Riverbank 38 39 40 41 42 romper 18 Fiddlesticks! 43 44 45 46 47

19 Very long time 48 49 50 51 20 Neither solid nor liquid 52 53 54

22 Deluge 55 56 57 58 59 60 61 24 Dull color 25 Scholarship 62 63 64 65 basis 66 67 68 26 Recess, perhaps 69 70 71 30 Boot tip Copyright 2012 by The Puzzle Syndicate 34 Fond du ___, Wisc. DOWN 39 Skyscraper 55 Medical 35 Piano exercise 1 Urban haze transport breakthrough 37 Part of NAFTA 2 Tiny bit 41 Fill with joy 56 Once again 38 Feed the kitty 3 Party snacks 44 Go-getter 57 ____ one's time 40 Skip a syllable 4 Covetous 46 New Testament 58 Floor model 42 Cowboy boot 5 On the way writing 59 Big name in part 6 Future flowers 49 Like some braids mapmaking 43 Reprimand 7 Goof up or doors 60 Sandwich 45 Boy Scout rank 8 Striped quartz 51 Director's cry cookie 47 Antlered animal 9 Clever 53 It may be fixed 61 Knitter's need 48 Concerning this, comeback 64 Spring mo. in legalese 10 First-string 50 Noted Boston players protest 11 Pricey theater Answer to Last Week's Crossword 52 Song section section 54 Muscle spasm 12 Diner sign SASS PETER PULE 55 1972 Liza 13 Part of BFF L I EU OL I VE A N EW Minnelli film 21 Join together I DES TARES RAGE 58 Annihilate 23 Unruly outbreak TEMPLATE ED I TOR 62 Group of troops 25 Help settle a EASE TAUNT 63 Moniker dispute STENCH CARDGAME 65 Pageant crown 26 Spatter T I PSY DANCE CON 66 Give a facelift to 27 Jousting OBOE TOUGH SHUT 67 Study all nightWeek weapon of 10/1/12MIX - 10/7/12CEL LO GEESE 68 Antisocial one 28 Thespian PAYCHECK H I NDER 69 Fancy pitcher 29 Pack animal RA I SE BEST 70 Type of 31 Bank heist, e.g. TRENCH PLATEFUL sandwich 32 Full-price payer ROSA I DEAL NOGO 71 _____ a high 33 Vivacious ILIA ROOS T CALF note 36 Upper hand PENN TENTH EM I T

Sudoku Edited by Margie E. Burke  Edited by Margie E. Burke Difficulty : Easy HOWHOW TO T SOLVE:O PLAY 12n-3p Each row must contain the   numbers 1 to 9; each column must contain the numbers 1   to 9; and each set of 3 by 3 boxes must contain the   numbers 1 to 9.   Answer to Last Week's Sudoku                                   Copyright 2012 by The Puzzle Syndicate www.thememphisnews.com OctoberOctober 12 12-18, - 18, 2012 35

publicpublic noticesnotices

given that the entire indebtedness has appointed Successor Trustee. borrower(s) pursuant to Tennessee Code Related Info Foreclosure Notices been declared due and payable; and NOW, THEREFORE, notice is hereby Annotated 35-5-117. This sale is subject Madison County that an agent of Wilson & Associates, given that the entire indebtedness has to all matters shown on any applicable P.L.L.C., as Successor Trustee, by virtue been declared due and payable; and recorded plat; any unpaid taxes; any Also read our daily edition, The Daily of the power, duty, and authority vested that an agent of Wilson & Associates, restrictive covenants, easements, or News, in print or online every business in and imposed upon said Successor P.L.L.C., as Successor Trustee, by virtue setback lines that may be applicable; day for public notices for Memphis & NOTICE OF TRUSTEE’S SALE Trustee will, on November 1, 2012 on of the power, duty, and authority vested any statutory rights of redemption of any Shelby County. WHEREAS, default has occurred in the or about 11:00 A.M., at the Madison in and imposed upon said Successor governmental agency, state or federal; Go to www.memphisdailynews.com or performance of the covenants, terms, County Courthouse, Jackson, Tennes- Trustee will, on November 15, 2012 on any prior liens or encumbrances as well call 683.NEWS for more information. and conditions of a Deed of Trust Note see, offer for sale certain property here- or about 11:00 A.M., at the Madison as any priority created by a fixture filing; dated June 11, 2009, and the Deed of inafter described to the highest bidder County Courthouse, Jackson, Tennes- and to any matter that an accurate survey Trust of even date securing the same, FOR CASH, free from the statutory right see, offer for sale certain property here- of the premises might disclose. In addi- recorded June 16, 2009, at Book T1861, of redemption, homestead, dower, and inafter described to the highest bidder tion, the following parties may claim an Page 277 in Office of the Register of all other exemptions which are expressly FOR CASH, free from the statutory right interest in the above-referenced prop- Deeds for Madison County, Tennessee, waived in the Deed of Trust, said property of redemption, homestead, dower, and erty: Joe L. Guyton; Nancy Y. Guyton; executed by Robert A. Bass and Dorothy being real estate situated in Madison all other exemptions which are expressly Waldrop and Hall, P.A.; City of Jackson, description of said property. N. Bass, conveying certain property County, Tennessee, and being more waived in the Deed of Trust, said property Tennessee; Internal Revenue Service ALSO KNOWN AS: 619 Gettysburg therein described to Holmes, Rich & particularly described as follows: being real estate situated in Madison On or about September 19, 2011, Drive, Jackson, Tennessee 38305 Sigler, PC Trust Account- Real Estate as Beginning at an existing iron pin in the County, Tennessee, and being more the United States of America, Internal The HB 3588 letter was mailed to the Trustee for Mortgage Electronic Registra- North margin right-of-way of the Hans particularly described as follows: Revenue Service, filed a federal tax lien borrower(s) pursuant to Tennessee Code tion Systems, Inc., solely as nominee Bridge Road West, said pin located Being Lot Number One Thousand against the Defendant, Joseph L. Guyton Annotated 35-5-117. This sale is subject for American Financial Resources, Inc. 30 feet from the centerline of said Six Hundred Thirteen (1613), Sec- and Nancy Y. Guyton, recorded in the to all matters shown on any applicable and American Financial Resources, Road and North 89 degrees West tion XVI, Forrest Point Subdivision, Register’s Office of Madison County, recorded plat; any unpaid taxes; any Inc.’s successors and assigns; and a distance of 302.27 feet from the a plat of which appears of record Tennessee, at Book L56, Page 162. Any restrictive covenants, easements, or the undersigned, Wilson & Associates, West margin right-of-way of the Illinois in Plat Book 9, at Page 68, in the interest in the property held by the United setback lines that may be applicable; P.L.L.C., having been appointed Suc- Central Gulf Railroad, said beginning Register’s Office of Madison County, States of America, Internal Revenue any statutory rights of redemption of any cessor Trustee. also being the Southwest corner of Tennessee. Service, by virtue of the aforementioned governmental agency, state or federal; NOW, THEREFORE, notice is hereby Lot Number 6 of Village Woods; runs ALSO KNOWN AS: 170 Turtle Creek federal tax lien is both junior and inferior any prior liens or encumbrances as well given that the entire indebtedness has thence North 89 degrees 00 minutes Drive, Jackson, Tennessee 38305- to the interests held by JPMorgan Chase as any priority created by a fixture filing; been declared due and payable; and West with the North margin of Harts 1787 Bank, National Association. Provided, and to any matter that an accurate survey that an agent of Wilson & Associates, Bridge Road a distance of 90 feet to The HB 3588 letter was mailed to the however, that the United States of of the premises might disclose. In addi- P.L.L.C., as Successor Trustee, by virtue an iron pin at the Southeast corner borrower(s) pursuant to Tennessee Code America, Internal Revenue Service, pur- tion, the following parties may claim an of the power, duty, and authority vested of Lot Number 4; runs thence North Annotated 35-5-117. This sale is subject suant to 26 U.S.C. §7425 and 28 U.S.C. interest in the above-referenced prop- in and imposed upon said Successor 01 degree 00 minutes East with to all matters shown on any applicable §2410(c), shall have one hundred and erty: Efrain Rivera; Maria Del Carmen Trustee will, on November 15, 2012 on the East line of said Lot Number 4 recorded plat; any unpaid taxes; any twenty (120) days from the date of the Ouelis-Gadea; Union Planters National or about 11:00 A.M., at the Madison a distance of 244.28 feet to an iron restrictive covenants, easements, or sale within which to redeem the property Bank; Curtis L. Hudson; Union Planters County Courthouse, Jackson, Tennes- pin; runs thence South 12 degrees setback lines that may be applicable; by virtue of its tax lien(s) herein by pay- National Bank see, offer for sale certain property here- 47 minutes 08 seconds East along a any statutory rights of redemption of any ment of the actual amount paid by the The sale held pursuant to this Notice inafter described to the highest bidder chain link fence a distance of 110.7 governmental agency, state or federal; purchaser at the foreclosure sale, plus may be rescinded at the Successor FOR CASH, free from the statutory right feet to a corner fence post; runs any prior liens or encumbrances as any amount in excess of the expenses Trustee’s option at any time. The right of redemption, homestead, dower, and thence North 77 degrees 59 minutes well as any priority created by a fixture necessarily incurred in connection with is reserved to adjourn the day of the all other exemptions which are expressly East along said chain link fence a filing; and to any matter that an accurate such property, less the income from sale to another day, time, and place waived in the Deed of Trust, said property distance of 65.3 feet to an iron pin survey of the premises might disclose. such property, plus a reasonable rental certain without further publication, upon being real estate situated in Madison at the Northwest corner of said Lot In addition, the following parties may value of such property. As required by announcement at the time and place County, Tennessee, and being more No. 6; runs thence South 01 degree claim an interest in the above-referenced 26 U.S.C. §7425(b), the United States for the sale set forth above. W&A No. particularly described as follows: 00 minutes West with the West line property: Jason S. Brinkmeyer of America, Internal Revenue Service 1286-118635 Being Lot Number Three Hundred of Lot Number 6 a distance of 151.48 The sale held pursuant to this Notice has been given timely notice of this DATED October 5, 2012 and Two, Section III, Country Chase feet to the point of beginning. Platted may be rescinded at the Successor action. WILSON & ASSOCIATES, P.L.L.C., Development, a plat of which appears as aforesaid and being Lot Number 5 Trustee’s option at any time. The right The sale held pursuant to this Notice Successor Trustee of record in Plat Book 9 at Page 79, of Village Woods. is reserved to adjourn the day of the may be rescinded at the Successor FOR SALE INFORMATION, VISIT WWW. in the Register’s Office of Madison ALSO KNOWN AS: 103 Harts Bridge sale to another day, time, and place Trustee’s option at any time. The right MYFIR.COM and WWW.REALTYTRAC. County, Tennessee. Road West, Jackson, Tennessee certain without further publication, upon is reserved to adjourn the day of the COM ALSO KNOWN AS: 331 Country 38301-7583 announcement at the time and place sale to another day, time, and place Oct. 12, 19, 26, 2012 Fhn11345 Chase, Jackson, Tennessee 38305 The HB 3588 letter was mailed to the for the sale set forth above. W&A No. certain without further publication, upon The HB 3588 letter was mailed to borrower(s) pursuant to Tennessee Code 1286-227543 announcement at the time and place NOTICE OF TRUSTEE’S SALE the borrower(s) pursuant to Tennessee Annotated 35-5-117. This sale is subject DATED October 1, 2012 for the sale set forth above. W&A No. WHEREAS, default has occurred in the Code Annotated 35-5-117. This sale is to all matters shown on any applicable WILSON & ASSOCIATES, P.L.L.C., 700-211807 performance of the covenants, terms, subject to all matters shown on any ap- recorded plat; any unpaid taxes; any Successor Trustee DATED October 1, 2012 and conditions of a Deed of Trust Note plicable recorded plat; any unpaid taxes; restrictive covenants, easements, or FOR SALE INFORMATION, VISIT WWW. WILSON & ASSOCIATES, P.L.L.C., dated April 20, 2005, and the Deed of any restrictive covenants, easements, or setback lines that may be applicable; MYFIR.COM and WWW.REALTYTRAC. Successor Trustee Trust of even date securing the same, setback lines that may be applicable; any statutory rights of redemption of any COM FOR SALE INFORMATION, VISIT WWW. recorded May 4, 2005, at Book T1668, any statutory rights of redemption of any governmental agency, state or federal; Oct. 5, 12, 19, 2012 Fhn11340 MYFIR.COM and WWW.REALTYTRAC. Page 448 in Office of the Register of governmental agency, state or federal; any prior liens or encumbrances as COM Deeds for Madison County, Tennessee, any prior liens or encumbrances as well as any priority created by a fixture NOTICE OF TRUSTEE’S SALE Oct. 12, 19, 26, 2012 Fhn11343 executed by James E. Hurt, Jr., convey- well as any priority created by a fixture filing; and to any matter that an accurate WHEREAS, default has occurred ing certain property therein described filing; and to any matter that an accurate survey of the premises might disclose. in the performance of the covenants, NOTICE OF TRUSTEE’S SALE to Robert M. Wilson, Jr. as Trustee survey of the premises might disclose. In addition, the following parties may terms, and conditions of a Deed of Trust WHEREAS, default has occurred in the for Mortgage Electronic Registration In addition, the following parties may claim an interest in the above-referenced Note dated August 19, 2005, and the performance of the covenants, terms, Systems, Inc., as a separate corpora- claim an interest in the above-referenced property: Jerilyn D. Jackson Deed of Trust of even date securing the and conditions of a Deed of Trust Note tion that is acting solely as a nominee property: Robert A. Bass; Dorothy N. The sale held pursuant to this Notice same, recorded August 24, 2005, at dated June 28, 2002, and the Deed of for America’s Wholesale Lender and Bass; Henderson Home Furnishings may be rescinded at the Successor Book T1697, Page 667 in Office of the Trust of even date securing the same, America’s Wholesale Lender’s succes- The sale held pursuant to this Notice Trustee’s option at any time. The right Register of Deeds for Madison County, recorded July 29, 2002, at Book T1395, sors and assigns; and the undersigned, may be rescinded at the Successor is reserved to adjourn the day of the Tennessee, executed by Joe L. Guyton Page 433 in Office of the Register of Wilson & Associates, P.L.L.C., having Trustee’s option at any time. The right sale to another day, time, and place and Nancy Y. Guyton, conveying certain Deeds for Madison County, Tennessee, been appointed Successor Trustee. is reserved to adjourn the day of the certain without further publication, upon property therein described to Larry N. executed by Efrain Rivera and Maria Del NOW, THEREFORE, notice is hereby sale to another day, time, and place announcement at the time and place Westbrook, Esq. as Trustee for Mort- Carmen Ouelis-Gadea, conveying certain given that the entire indebtedness has certain without further publication, upon for the sale set forth above. W&A No. gage Electronic Registration Systems, property therein described to Arnold been declared due and payable; and announcement at the time and place 1286-203242 Inc., as nominee for PHH Mortgage M. Weiss, Esq., 208 Adams Avenue, that an agent of Wilson & Associates, for the sale set forth above. W&A No. DATED October 1, 2012 Services, its successors and assigns; Memphis, TN 38103 as Trustee for P.L.L.C., as Successor Trustee, by virtue 902-227354 WILSON & ASSOCIATES, P.L.L.C., and the undersigned, Wilson & Associ- Wells Fargo Home Mortgage, Inc.; and of the power, duty, and authority vested DATED October 1, 2012 Successor Trustee ates, P.L.L.C., having been appointed the undersigned, Wilson & Associates, in and imposed upon said Successor WILSON & ASSOCIATES, P.L.L.C., FOR SALE INFORMATION, VISIT WWW. Successor Trustee. P.L.L.C., having been appointed Suc- Trustee will, on November 8, 2012 on Successor Trustee MYFIR.COM and WWW.REALTYTRAC. NOW, THEREFORE, notice is hereby cessor Trustee. or about 11:00 A.M., at the Madison FOR SALE INFORMATION, VISIT WWW. COM given that the entire indebtedness has NOW, THEREFORE, notice is hereby County Courthouse, Jackson, Tennes- MYFIR.COM and WWW.REALTYTRAC. Oct. 5, 12, 19, 2012 Fhn11339 been declared due and payable; and given that the entire indebtedness has see, offer for sale certain property here- COM that an agent of Wilson & Associates, been declared due and payable; and inafter described to the highest bidder Oct. 5, 12, 19, 2012 Fhn11338 NOTICE OF TRUSTEE’S SALE P.L.L.C., as Successor Trustee, by virtue that an agent of Wilson & Associates, FOR CASH, free from the statutory right WHEREAS, default has occurred in the of the power, duty, and authority vested P.L.L.C., as Successor Trustee, by virtue of redemption, homestead, dower, and NOTICE OF TRUSTEE’S SALE performance of the covenants, terms, in and imposed upon said Successor of the power, duty, and authority vested all other exemptions which are expressly WHEREAS, default has occurred and conditions of a Deed of Trust Note Trustee will, on November 8, 2012 on in and imposed upon said Successor waived in the Deed of Trust, said property in the performance of the covenants, dated July 1, 2009, and the Deed of or about 11:00 A.M., at the Madison Trustee will, on November 8, 2012 on being real estate situated in Madison terms, and conditions of a Deed of Trust of even date securing the same, County Courthouse, Jackson, Tennes- or about 11:00 A.M., at the Madison County, Tennessee, and being more Trust Note dated April 3, 2006, and recorded July 6, 2009, at Book T1862, see, offer for sale certain property here- County Courthouse, Jackson, Tennes- particularly described as follows: the Deed of Trust of even date securing Page 1550 in Office of the Register of inafter described to the highest bidder see, offer for sale certain property here- Lying and being in Madison County, the same, recorded April 11, 2006, at Deeds for Madison County, Tennes- FOR CASH, free from the statutory right inafter described to the highest bidder Tennessee and more particularly Book T1750, Page 310 in Office of the see, executed by Jason S. Brinkmeyer, of redemption, homestead, dower, and FOR CASH, free from the statutory right described as follows: Register of Deeds for Madison County, conveying certain property therein de- all other exemptions which are expressly of redemption, homestead, dower, and Beginning at an iron pin on the Tennessee, executed by Jerilyn D. Jack- scribed to Matt B. Murfree as Trustee waived in the Deed of Trust, said property all other exemptions which are expressly South margin of Clairpointe Cove son, conveying certain property therein for Mortgage Electronic Registration being real estate situated in Madison waived in the Deed of Trust, said property at the Northeast corner of Lot 212, described to Arnold M. Weiss, Esq. as Systems, Inc., as a separate corporation County, Tennessee, and being more being real estate situated in Madison Section II, Briar Hill Subdivision as Trustee for Wells Fargo Bank, N.A.; and that is acting solely as a nominee for particularly described as follows: County, Tennessee, and being more recorded in Plat Book 8, page 4 in the the undersigned, Wilson & Associates, Guaranty Trust Company and Guaranty Lot Number 9 in Block Number 5 of the particularly described as follows: Register’s Office of Madison County, P.L.L.C., having been appointed Suc- Trust Company’s successors and as- Walnut Grove Subdivision, appearing Lot 76, Carroll Station Subdivision, Tennessee; thence with the South cessor Trustee. signs; and the undersigned, Wilson of record in Plat Book 1, Page 41, in Section V, as shown on plat of re- margin of Clairpointe Cove following NOW, THEREFORE, notice is hereby & Associates, P.L.L.C., having been the said Register’s Office. cord in Plat Book 7, Page 82, in the a curve, Radius of 47 feet, to the left ALSO KNOWN AS: 208 Walnut Street, Register’s Office of Madison County, a distance of 48.35 feet to an iron 3 Jackson, Tennessee 38301 Tennessee, to which plat reference The Memphis News - Call 68 -NEWS The HB 3588 letter was mailed to the is hereby made for a more particular Continued on page 36 36 October 12-18, 2012 www.thememphisnews.com 36 October 12 - 18, 2012 www.thememphisnews.com

public notices

Foreclosure Notices ing Company, R.L.S. Number 943, on 300. Any interest in the property held sale to another day, time, and place Wilson & Associates, P.L.L.C., having Continued from page 35 January 21, 2000. by the State of Tennessee, by virtue certain without further publication, upon been appointed Successor Trustee. ALSO KNOWN AS: 50 Clairpointe of the aforementioned tax lien is both announcement at the time and place NOW, THEREFORE, notice is hereby pin at the Southwest corner of Lot Cove, Jackson, Tennessee 38305 junior and inferior to the interests held for the sale set forth above. W&A No. given that the entire indebtedness has 210; thence with the South line of Lot The HB 3588 letter was mailed to the by BANK OF AMERICA, N.A., SUCCES- 726-111996 been declared due and payable; and 210 South 57 degrees 39 minutes 54 borrower(s) pursuant to Tennessee Code SOR BY MERGER TO BAC HOME LOANS DATED October 8, 2012 that an agent of Wilson & Associates, seconds East a distance of 133.92 Annotated 35-5-117. This sale is subject SERVICING, LP FKA COUNTRYWIDE WILSON & ASSOCIATES, P.L.L.C., P.L.L.C., as Successor Trustee, by virtue feet to an iron pin on the West line to all matters shown on any applicable HOME LOANS SERVICING LP. Provided, Successor Trustee of the power, duty, and authority vested of Lot 118; thence South 2 degrees recorded plat; any unpaid taxes; any however, that the State of Tennessee, FOR SALE INFORMATION, VISIT WWW. in and imposed upon said Successor 51 minutes 28 seconds West a dis- restrictive covenants, easements, or pursuant to Tennessee Code Annotated MYFIR.COM and WWW.REALTYTRAC. Trustee will, on November 8, 2012 on tance of 55 feet to an iron pin at the setback lines that may be applicable; §67-1-133, shall have one hundred and COM or about 11:00 A.M., at the Madison Northeast corner of Lot 117; thence any statutory rights of redemption of any twenty (120) days from the date of the Oct. 12, 19, 26, 2012 Fhn11344 County Courthouse, Jackson, Tennes- with the North line of Lot 117 South governmental agency, state or federal; sale within which to redeem the property see, offer for sale certain property here- 82 degrees 48 minutes 20 seconds any prior liens or encumbrances as by virtue of its tax lien(s) herein by pay- NOTICE OF TRUSTEE’S SALE inafter described to the highest bidder West a distance of 79.34 feet to an well as any priority created by a fixture ment of the actual amount paid by the WHEREAS, default has occurred in the FOR CASH, free from the statutory right iron pin at the Northeast corner of Lot filing; and to any matter that an accurate purchaser at the foreclosure sale, plus performance of the covenants, terms, of redemption, homestead, dower, and 116; thence with the North line of Lot survey of the premises might disclose. any amount in excess of the expenses and conditions of a Deed of Trust Note all other exemptions which are expressly 116 North 88 degrees 43 minutes In addition, the following parties may necessarily incurred in connection with dated January 31, 2006, and the Deed waived in the Deed of Trust, said property 13 seconds West a distance of 75 claim an interest in the above-referenced such property, less the income from of Trust of even date securing the same, being real estate situated in Madison feet to an iron pin at the Southeast property: James E. Hurt Jr.; Wells Fargo such property, plus a reasonable rental recorded February 3, 2006, at Book County, Tennessee, and being more corner of Lot 212; thence with the Financial Bank; Tennessee Department value of such property. As required by T1735, Page 364 in Office of the Reg- particularly described as follows: East line of Lot 212 North 1 degree 16 of Revenue law, the State of Tennessee has been ister of Deeds for Madison County, Ten- BEING Lot 16 in Section V of Indian minutes 47 seconds East a distance On or about January 9, 2007, the State given timely notice of this action. nessee, executed by Gregory May and Hills Subdivision, a plat of which ap- of 113 feet to the point of beginning. of Tennessee, filed a tax lien against The sale held pursuant to this Notice Paula May, conveying certain property pears of record in Plat Book 4, Page Being Lot 211, Section II, Briar Hill the Defendant, James E. Hurt, recorded may be rescinded at the Successor therein described to Arnold M. Weiss, 23, in the Registers Office of Madison Subdivision platted as aforesaid, as in the Register’s Office of Madison Trustee’s option at any time. The right Esq., Shelby County as Trustee for Wells County, Tennessee, reference to surveyed by David Hall Land Survey- County, Tennessee, at Book L49, Page is reserved to adjourn the day of the Fargo Bank, N.A.; and the undersigned, which plat is hereby made for a more particular description of said lot show- ing its locations and the length and direction of its boundary lines. ALSO KNOWN AS: 20 Live Oak Place, Jackson, Tennessee 38305-1601 The HB 3588 letter was mailed to the borrower(s) pursuant to Tennessee Code Estevan misses Annotated 35-5-117. This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any bedtime at home. restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. In addition, the following parties may claim an interest in the above-referenced property: Gregory May; Paula May; US Bank National Association, as Trustee for SASCO Mortgage Loan Trust 2006- WF2; Wells Fargo Home Mortgage; Charis Davis The sale held pursuant to this Notice may be rescinded at the Successor Trustee’s option at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. W&A No. 1286-181365 DATED October 4, 2012 WILSON & ASSOCIATES, P.L.L.C., Successor Trustee FOR SALE INFORMATION, VISIT WWW. MYFIR.COM and WWW.REALTYTRAC. COM Oct. 12, 19, 26, 2012 Fhn11346

NOTICE OF TRUSTEE’S SALE WHEREAS, default has occurred in the performance of the covenants, terms, and conditions of a Deed of Trust Note dated July 14, 2005, and the Deed of Trust of even date securing the same, recorded July 27, 2005, at Book T1690, Page 137 in Office of the Register of Deeds for Madison County, Tennessee, executed by Margaret J. Mullins, convey- St. Jude patient Estevan: ing certain property therein described to World’s Best Snuggler Group 9, Inc. as Trustee for Washington Mutual Bank, FA, a federal association; and the undersigned, Wilson & Associ- ates, P.L.L.C., having been appointed Successor Trustee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable; and that an agent of Wilson & Associates, P.L.L.C., as Successor Trustee, by virtue ©2012 ALSAC/St. Jude Children’s Research Hospital (10991) Hospital Research Children’s Jude ©2012 ALSAC/St. of the power, duty, and authority vested in and imposed upon said Successor Trustee will, on November 8, 2012 on or about 11:00 A.M., at the Madison County Courthouse, Jackson, Tennes- But at this moment, he’s fighting cancer. see, offer for sale certain property here- inafter described to the highest bidder That’s why St. Jude Children’s Research Hospital® spends every moment changing FOR CASH, free from the statutory right the way the world treats children – with pioneering research and exceptional care. of redemption, homestead, dower, and And no family ever pays St. Jude for anything. Don’t wait. Join St. Jude in finding cures all other exemptions which are expressly waived in the Deed of Trust, said property and saving children like Estevan. Because at this moment, he should be in his own being real estate situated in Madison bed, begging to read three more books. County, Tennessee, and being more particularly described as follows: Help them live. Visit stjude.org. Lying and being located in the 5th Civil District, County of Madison, State of Tennessee; all that certain parcel or tract of land known as: www.thememphisnews.com October 12-18, 2012 37 www.thememphisnews.com October 12 - 18, 2012 37

public notices

Being the Northern portion of Lot E.C. Wilson lot about 315 feet to convey only as Substitute Trustee. OWNER(S): CHRISTOPHER A. MILLS Related Info Number 5, Block 7 of the Walnut the Northwest corner of same; runs If the highest bidder cannot pay the AKA CHRISTOPHER MILLS AND ALICIA Grove Subdivision of Highland Park thence in a Northwesterly direction bid within twenty-four (24) hours of the G. MILLS AKA ALICIA MILLS OTHER Addition to the City of Jackson, Ten- parallel with the Jackson Deanburg sale, the next highest bidder, at their INTERESTED PARTIES: The sale of the Also read our daily edition, The Daily nessee, a plat of which subdivision Road 75 feet to a stake; runs thence highest bid, will be deemed the suc- above-described property shall be sub- News, in print or online every business is recorded in Plat Book 1, Page 41, in a Southwesterly direction about cessful bidder. ject to all matters shown on any recorded day for public notices for Memphis & in the Register’s Office of Madison 315 feet to the Jackson Deanburg This property is being sold with the plat; any unpaid taxes; any restrictive Shelby County. County, and being more particularly Road; runs thence in a Southeasterly express reservation that the sale is covenants, easements or set-back lines Go to www.memphisdailynews.com or described as follows: direction with said Road 75 feet to subject to confirmation by the lender that may be applicable; any prior liens call 683.NEWS for more information. Beginning at an iron pin in the West the point of beginning. or trustee. This sale may be rescinded or encumbrances as well as any prior- margin of Prospect Street at a point ALSO KNOWN AS: 416 Parkburg at any time. ity created by a fixture filing; and to any 110 feet North of the North margin Road, Jackson, Tennessee 38301 Shapiro & Kirsch, LLP matter that an accurate survey of the of Walnut Avenue; said pin being 30 The HB 3588 letter was mailed to Substitute Trustee premises might disclose. This property feet from the centerline of Prospect the borrower(s) pursuant to Tennessee www.kirschattorneys.com is being sold with the express reserva- Street; runs thence West a distance Code Annotated 35-5-117. This sale is Law Office of Shapiro & Kirsch, LLP tion that it is subject to confirmation by of 70 feet to an iron pin in the East subject to all matters shown on any ap- 555 Perkins Road the lender or Substitute Trustee. This line of Lloyd K. Rush and wife; thence plicable recorded plat; any unpaid taxes; Extended, Second Floor sale may be rescinded at any time. The RECONTRUST COMPANY, N.A., as with the East line of Rush, North a any restrictive covenants, easements, or Memphis, TN 38117 right is reserved to adjourn the day of Substitute Trustee or its duly appointed distance of 110 feet to an iron pin in setback lines that may be applicable; Phone (901)767-5566 the sale to another day, time, and place agent, by virtue of the power, duty and the South margin of a 10 foot alley; any statutory rights of redemption of any Fax (901)761-5690 certain without further publication, upon authority vested and imposed upon said thence with the South margin of said governmental agency, state or federal; File No. 10-012072 announcement at the time and place Substitute Trustee will, on October 22, alley East a distance of 70 feet to an any prior liens or encumbrances as well Oct. 6, 13, 20, 2012 Fhn11342 for the sale set forth above. All right 2012, 11:00 AM at the Fayette County iron pin in the West margin of Pros- as any priority created by a fixture fil- and equity of redemption, statutory or courthouse door where the foreclosure pect Street; thence with the West ing; and to any matter that an accurate otherwise, homestead, and dower are sales are customarily held At the Fayette margin of Prospect Street, South a survey of the premises might disclose. expressly waived in said Deed of Trust, County Courthouse, Somerville, TN, distance of 110 feet to the point of In addition, the following parties may Foreclosure Notices and the title is believed to be good, but proceed to sell at public outcry to the beginning. claim an interest in the above-referenced the undersigned will sell and convey only highest and best bidder for cash, the ALSO KNOWN AS: 1187 Prospect Av- property: James David Crews; Brandi Tipton County as Substitute Trustee. The Property is following described property situated enue, Jackson, Tennessee 38301 Ann Crews; Leaders Credit Union sold as is, where is, without representa- in Fayette County, Tennessee, to wit: The HB 3588 letter was mailed to The sale held pursuant to this Notice tions or warranties of any kind, including LOT 13, SECTION A, FAIR MEADOWS the borrower(s) pursuant to Tennessee may be rescinded at the Successor NOTICE OF SUBSTITUTE TRUSTEE’S fitness for a particular use or purpose. OF OAKLAND SUBDIVISION, AS SHOWN Code Annotated 35-5-117. This sale is Trustee’s option at any time. The right SALE RECONTRUST COMPANY, N.A. IS AT- ON PLAT OF RECORD IN PLAT BOOK 8, subject to all matters shown on any ap- is reserved to adjourn the day of the WHEREAS, default has occurred in the TEMPTING TO COLLECT A DEBT. ANY PAGE 89, IN THE REGISTER’S OFFICE plicable recorded plat; any unpaid taxes; sale to another day, time, and place performance of the covenants, terms INFORMATION OBTAINED WILL BE USED OF FAYETTE COUNTY, TENNESSEE, TO any restrictive covenants, easements, or certain without further publication, upon and conditions of a Deed of Trust dated FOR THAT PURPOSE. RECONTRUST WHICH PLAT REFERENCE IS GIVEN FOR setback lines that may be applicable; announcement at the time and place June 11, 2007, executed by CHRISTO- COMPANY, N.A., Substitute Trustee A MORE PARTICULAR DESCRIPTION any statutory rights of redemption of any for the sale set forth above. W&A No. PHER MILLS AND ALICIA MILLS, HUS- 2380 Performance Dr, TX2-984-0407 OF SAID PROPERTY. PARCEL# 087H A governmental agency, state or federal; 1286-96016 BAND AND WIFE, conveying certain real Richardson, TX 75082 Tel: (800) 281- 01300 000 PROPERTY ADDRESS: The any prior liens or encumbrances as well DATED August 13, 2012 property therein described to JEANINE B. 8219 Fax: (866) 681-5002 Registered street address of the property is believed as any priority created by a fixture fil- WILSON & ASSOCIATES, P.L.L.C., SAYLOR as same appears of record in Agent: CT Corporation System 800 to be 65 FAIRVIEW COVE, OAKLAND, TN ing; and to any matter that an accurate Successor Trustee the Register’s Office of Tipton County, South Gay Street, Suite 2021 Knoxville, 38060. In the event of any discrepancy survey of the premises might disclose. FOR SALE INFORMATION, VISIT WWW. on June 13, 2007, as Instrument No. TN 37929 Tel: (865) 342-3522 TS#: between this street address and the In addition, the following parties may MYFIR.COM and WWW.REALTYTRAC. 104881, in Book 1346, at Page 923; 12-0009863 legal description of the property, the claim an interest in the above-referenced COM and WHEREAS, the beneficial interest of FEI # 1006.155373 legal description shall control. CURRENT property: Margaret J. Mullins Oct. 11, 18, 25, 2012 Fhn11341 said Deed of Trust was last transferred Sept. 29, Oct. 6, 13, 2012 Fhn11334 OWNER(S): JUDY L. COLLINS OTHER The sale held pursuant to this Notice and assigned to BANK OF AMERICA, INTERESTED PARTIES: 1). MORTGAGE may be rescinded at the Successor N.A., who is now the owner of said debt; ELECTRONIC REGISTRATION SYSTEMS, Trustee’s option at any time. The right and WHEREAS, Notice of the Right to INC., 2). FIRST FRANKLIN FINANCIAL is reserved to adjourn the day of the Foreclosure Notices Foreclose (“Notice”) was given in compli- Foreclosure Notices CORP., AN OP. SUB. OF MLB&T CO., FSB sale to another day, time, and place ance with Tennessee law by the mailing The sale of the above-described property certain without further publication, upon Shelby County a copy of the Notice to the parties at Fayette County shall be subject to all matters shown on announcement at the time and place least sixty (60) days prior to the first any recorded plat; any unpaid taxes; any for the sale set forth above. W&A No. publication of the Substitute Trustee’s restrictive covenants, easements or set- 1356-225901 SUBSTITUTE TRUSTEE’S SALE Sale. WHEREAS, the undersigned, RE- NOTICE OF SUBSTITUTE TRUSTEE’S back lines that may be applicable; any DATED October 4, 2012 Sale at public auction will be on CONTRUST COMPANY, N.A., having been SALE prior liens or encumbrances as well as WILSON & ASSOCIATES, P.L.L.C., November 1, 2012 at 11:00 A.M. local appointed by as Substitute Trustee by WHEREAS, default has occurred in the any priority created by a fixture filing; and Successor Trustee time, at the southwest door, the Adams instrument filed for record in the Regis- performance of the covenants, terms to any matter that an accurate survey FOR SALE INFORMATION, VISIT WWW. Avenue entrance of the Shelby County ter’s Office of Tipton County, Tennessee. and conditions of a Deed of Trust dated of the premises might disclose. This MYFIR.COM and WWW.REALTYTRAC. Courthouse, Memphis, Tennessee, NOW, THEREFORE, notice is hereby given February 28, 2007, executed by JUDY property is being sold with the express COM conducted by Shapiro & Kirsch, LLP that the entire indebtedness has been L. COLLINS, UNMARRIED, conveying reservation that it is subject to confirma- Oct. 12, 19, 26, 2012 Fhn11347 Substitute Trustee, pursuant to Deed of declared due and payable, and that the certain real property therein described to tion by the lender or Substitute Trustee. Trust executed by Angela Lauderdale and undersigned, RECONTRUST COMPANY, ROBERT E TRIBBLE as same appears of This sale may be rescinded at any time. NOTICE OF TRUSTEE’S SALE Lee Lauderdale, to Carlton W. Orange, N.A., as Substitute Trustee or its duly record in the Register’s Office of Fayette The right is reserved to adjourn the day of WHEREAS, default has occurred in the Esq., Trustee, on October 14, 2004 at appointed agent, by virtue of the power, County, on March 13, 2007, as Instru- the sale to another day, time, and place performance of the covenants, terms, Instrument No. 04177655; all of record in duty and authority vested and imposed ment No. 07002507; and WHEREAS, certain without further publication, upon and conditions of a Deed of Trust Note the Shelby County Register’s Office. upon said Substitute Trustee will, on the beneficial interest of said Deed of announcement at the time and place dated June 30, 1998, and the Deed of Owner of Debt: HSBC Mortgage October 22, 2012, 11:00 AM at the Trust was last transferred and assigned for the sale set forth above. All right Trust of even date securing the same, Services Inc. Tipton County courthouse door where to U.S. BANK, NATIONAL ASSOCIATION, and equity of redemption, statutory or recorded July 2, 1998, at Book T1136, The following real estate located in the foreclosure sales are customarily SUCCESSOR TRUSTEE TO BANK OF otherwise, homestead, and dower are Page 841 in Office of the Register of Shelby County, Tennessee, will be sold held At the Tipton County Courthouse, AMERICA, N.A. AS SUCCESSOR TO expressly waived in said Deed of Trust, Deeds for Madison County, Tennessee, to the highest call bidder subject to all Covington, TN, proceed to sell at public LASALLE BANK, N.A. AS TRUSTEE FOR and the title is believed to be good, but executed by James David Crews and unpaid taxes, prior liens and encum- outcry to the highest and best bidder for THE MERRILL LYNCH FIRST FRANKLIN the undersigned will sell and convey only Brandi Ann Crews, conveying certain brances of record: cash, the following described property MORTGAGE LOAN TRUST, MORTGAGE as Substitute Trustee. The Property is property therein described to Charles Described property located in Shelby situated in Tipton County, Tennessee, LOAN ASSET-BACKED CERTIFICATES, sold as is, where is, without representa- Patterson as Trustee for Old Kent Mort- County, Tennessee, to wit: to wit: LOT 127, SECTION G, BLAYDES SERIES 2007-2, who is now the owner tions or warranties of any kind, including gage Company; and the undersigned, Lot 34, Phase I, Part of Area “A” and ESTATES SUBDIVISION AS SHOWN ON of said debt; and WHEREAS, Notice of fitness for a particular use or purpose. Wilson & Associates, P.L.L.C., having “B”, South Oak Planned Development, PLAT OF RECORD IN PLAT CABINET C, the Right to Foreclose (“Notice”) was RECONTRUST COMPANY, N.A. IS AT- been appointed Successor Trustee. as shown on plat of record in Plat SLIDE 125, IN THE REGISTER’S OFFICE given in compliance with Tennessee TEMPTING TO COLLECT A DEBT. ANY NOW, THEREFORE, notice is hereby Book 139, Page 62, in the Register’s OF TIPTON COUNTY, TENNESSEE, TO law by the mailing a copy of the Notice INFORMATION OBTAINED WILL BE USED given that the entire indebtedness has Office of Shelby County, Tennessee, to WHICH PLAT REFERENCE IS HEREBY to the parties at least sixty (60) days FOR THAT PURPOSE. RECONTRUST been declared due and payable; and which plat reference is hereby made MADE FOR A MORE PARTICULAR prior to the first publication of the Sub- COMPANY, N.A., Substitute Trustee that an agent of Wilson & Associates, for a more particular description of DESCRIPTION OF SAID PROPERTY. stitute Trustee’s Sale. WHEREAS, the 2380 Performance Dr, TX2-984-0407 P.L.L.C., as Successor Trustee, by virtue said property. PARCEL # 128M C 01700 000 PROP- undersigned, RECONTRUST COMPANY, Richardson, TX 75082 Tel: (800) 281- of the power, duty, and authority vested Street Address: 7464 Charleston Run ERTY ADDRESS: The street address N.A., having been appointed by as Sub- 8219 Fax: (866) 681-5002 Registered in and imposed upon said Successor Cove, Memphis, Tennessee 38125 of the property is believed to be 115 stitute Trustee by instrument filed for Agent: CT Corporation System 800 Trustee will, on November 1, 2012 on Parcel Number: D02-55AA-00034 WILLIAM BLAYDES STREET, ATOKA, TN record in the Register’s Office of Fayette South Gay Street, Suite 2021 Knoxville, or about 11:00 A.M., at the Madison Current Owner(s) of Property: Angela 38004. In the event of any discrepancy County, Tennessee NOW, THEREFORE, TN 37929 Tel: (865) 342-3522 TS#: County Courthouse, Jackson, Tennes- Lauderdale, married between this street address and the notice is hereby given that the entire 12-0057521 see, offer for sale certain property here- Other interested parties: Gault Fi- legal description of the property, the indebtedness has been declared due FEI # 1006.168842 inafter described to the highest bidder nancial LLC, c/o Tim N. Thompson, legal description shall control. CURRENT and payable, and that the undersigned, Sept. 29, Oct. 6, 13, 2012 Fhn11336 FOR CASH, free from the statutory right Attorney of redemption, homestead, dower, and The street address of the above all other exemptions which are expressly described property is believed to be waived in the Deed of Trust, said property 7464 Charleston Run Cove, Memphis, being real estate situated in Madison Tennessee 38125, but such address is County, Tennessee, and being more not part of the legal description of the particularly described as follows: property sold herein and in the event of Beginning at a stake in the Northern any discrepancy, the legal description margin of the Jackson Deanburg referenced herein shall control. Road at the Southwest corner of SALE IS SUBJECT TO TENANT(S) The standard for Mid-South real estate information since 1968. the tract heretofore conveyed by RIGHTS IN POSSESSION. N.T. Matthews, Jr. and wife, to E.C. If applicable, the notice requirements Wilson and wife, by deed of record of T.C.A. 35-5-117 have been met. SaleS CoMpaRableS | ThouSandS of phoToS | CoMMeRCial pRopeRTy pRofileS | CoMpleTe in Deed Book 199 at Page 343, in All right of equity of redemption, the Register’s Office of Madison statutory and otherwise, and homestead SaleS hiSToRy | SaleS & ConSTRuCTion aCTiviTy RepoRTS | and MuCh MoRe! County, Tennessee; runs thence in a are expressly waived in said Deed of Northeasterly direction of about 20 Trust, and the title is believed to be degrees with the West line of said good, but the undersigned will sell and Call 458-6419 or go to www.ChandlerReports.com 38 October 12-18, 2012 www.thememphisnews.com

opinion

Don’t Let Political Reality ServiceMaster Helps Us Rock

Last week we wrapped up a team uncovered significant plumbing Keep You From the Polls reader-response series featuring three problems and contacted one of their weeks of artful narratives describing long-time contractors, Crosswind Con- o the state-by-state presi- minor mistakes that wouldn’t be a big “Why Memphis Rocks.” Our goal is to struction, to do the repair work for free. dential campaign math deal provided someone had fixed them. draw more attention to the special mo- Merry Maids, another ServiceMaster comes out to Tennessee not But they haven’t. And it doesn’t look to ments that take place daily throughout brand, heard about the couple’s situation mattering. And we are a big us as if they will. the Mid-South. With that in mind, let us and volunteered to thoroughly clean their blue dot in a red state here We are left with a list of recurring share a heartwarming story involving an home. Terminix has continued to service in Shelby County. problems that political leaders have elderly couple, SeniorBsafe the home and will do so, until SThat doesn’t mean you shouldn’t chosen to divide based on which party and The ServiceMaster Co. the problem is completely vote. To the contrary, it is more impor- had the majority at the time. About a month ago, we eradicated. All of this was done tant now than ever that you go to the The quickest and surest way to delay received a call from Buddy at no cost to the family, as a polls during early voting or on Election a resolution of the problem is to partisan Chapman with CrimeStop- way of helping a family in need. Day. it up. Play to partisan distinctions that pers, who had received a The act of kindness Voting is an individual right. It is not don’t matter. That way any chance of SeniorBsafe tip regarding brought tears of appreciation something determined by majority rule. reform is doomed because it wasn’t on an elderly couple whose to the elderly couple’s eyes, It is your opportunity to speak after one party’s watch. house was badly infested Jeremy Park but it also brought tears of joy being spoken at through months of TV We need electoral reform that is with cockroaches. The situ- giving back to those that helped. Chris- ads, direct mail pieces, robocalls, yard about our basic electoral system not ation was direr because the tina Bowman, Merry Maids signs, billboards and Facebook friends phantom “black box” problems no one husband suffers from dementia and is branch manager said, “When I shared who have found their not-so-inner can verify or a denial of political reality not able to clearly communicate while the this couple’s story with my team, I had political voice. In the case of the local Democratic wife is bedridden and unable to move due 10 associates volunteer to help out. They This is the election cycle that more party, saying that you’ve brought Kath- to a recent stroke. Buddy had inspected related the situation to if it was their Shelby County residents vote in than ryn Bowers, a former state legislator who the home and was shocked to find the in- parents or grandparents in this unfortu- any other election cycle. It is the only served prison time for corruption, “out festation was so severe that cockroaches nate situation and how they would want election cycle where more than half of retirement” to help restore “trust” in were crawling all over the woman, who someone to help their families. It was of the county’s voters turnout election the election process is a symptom of a emotional for my team and me to be at after election. That hasn’t happened in larger problem – credibility. was not able to react. Buddy realized any local nonpresidential election cycle Republicans have to take off the the couple needed immediate help and, the home and know the homeowner’s since the November 1994 Congressional blinders that are custom-fitted for the unfortunately, faced financial challenges. situation. It meant a lot to us to help midterm general elections. majority party and stop defending a ma- Thanks to Beth Flanagan with Mem- Memphis neighbors in such need.” The trend is likely to continue if we jority Republican Election Commission phis Medical Center and Jeff Fedorchak This is a perfect example of the don’t see some decisive action to end the because it is majority Republican for the at ServiceMaster, we were able to quickly heartwarming moments and community electoral problems that must get some, first time in a long time. send the couple’s situation to Terminix, collaborations where people are helping but not all, of the blame for our chronic It’s been Republican long enough to which is a ServiceMaster company. people each day in our community. We low turnout in Shelby County. make the necessary changes and get an Terminix instantly sent out a crew to applaud these everyday heroes, like those The problem is election officials and election right to a larger degree that we assess the situation and start treatment at ServiceMaster and SeniorBsafe, who employees not doing their job the right saw in August. on the home. Their team even helped the make Memphis Rock! way. And it has been heading in this di- The electoral process belongs to us, elderly couple temporarily relocate to Jeremy Park, director of the Lipscomb rection for a while – through Democratic not the party in charge or the party that their son’s house, so Terminix could do a Pitts Breakfast Club, can be reached at and Republican majorities on the Shelby was in charge. thorough job. [email protected] and followed County Election Commission. The litany Both parties are accountable and While treating the house, Terminix on Twitter (@lpbreakfastclub) and Face- of problems includes some relatively both parties can be part of the solution. branch manager Kenny Diotte and his book (facebook.com/lpbreakfastclub).

Never Forget it’s Important to Dance in the Rain

IT’S RAINING. SO WHAT? habits die hard. It made me laugh.” else in the future. I hope that by my go- She’s 4. She has big hair, a whole big That’s the kind of update she sends. ing through all of this I can make it easier bunch of auburn curls. She’s my daugh- Not one packaged by some company on someone else one day.” ter’s friend. They’re laughing in another that designs templates for the soft, Amanda is 37. She will be 38. And I’m room, about to break something. fuzzy distribution of hard, sharp news. thinking 98. And she’s taught me a lot It’s raining today, and I’m outside, Not one written by someone else as a about how to deal with the years I have MEMPHASIS and I’m thinking about her. dan conaway third-party observation and interpreta- left. Hopefully. Truthfully. Thankfully. And I’m watching my manic 2-year-old tion. And, most especially, not one that laughing. dog running splashy circles around my gives you a lemon … tomorrow is the paints the portrait of a superhero stand- By the way, the quote was, “Life world-weary 10-year-old dog, and she first day of” sort – you know – the sort ing strong against injustice – but one isn’t about learning how to weather the barks to the beat of the thunder and that well-meaning people send you on- that simply talks about others she’s met storm. It’s about learning how to dance dances in the downpour, and I’m think- line, superimposed over fields of flowers. on this hard, hard journey. in the rain.” Amanda’s husband, Dave, ing about her. This one was written on a whiteboard in “He talked to me about chemo and wrote that on their kitchen whiteboard She’s 18. Her hair is pulled back; an Atlanta kitchen. gave me some encouragement about the other morning. He writes a different she’s in a frilly white dress. She’s She’s 37. She has no hair at all. She’s how things do return to normal after all one there every morning. graduating from high school, and she, Hallie’s friend, Amanda. She has breast the doses are over. He truly feels that Dave is all right. my daughter and another lifelong friend cancer, and that can break your heart. having cancer has made him a better I’m a Memphian, and I’m dancing. pose for a photograph, breaking into But not if you’re Amanda. man, father, husband. He may have smiles, breaking away from us and from “I'm sort of getting used to having no used the word ‘blessing’ in regards to his Dan Conaway is a lifelong Mem- each other to college, to lives in different hair. My reflection and my shadow don’t cancer. He is not the first to say this to phian, longtime adman and aspiring places. cease to surprise me and the other night me. I am still, a week later, completely local character in a city known for them. I read a quote recently, one of the I reached out to move my hair out of the overwhelmed by this gesture of kind- Reach him at dan@wakesomebodyup. sappy sort – you know – of the “if life way before laying down for bed – old ness. I hope to reciprocate for someone com. www.thememphisnews.com October 12-18, 2012 39

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