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By JAY DZIWLIK
Assistant Executive Director
The Indiana Dental Association recently received $26,200 in two grants from the American Dental Association for new membership outreach programs: The Indiana AIR Leadership Program and "Dental Divas" program for women dentists.
The American Dental Association has recently seen drops in market share of both women and young dentists. Their new "Membership Program for Growth (MPG)" focuses on awarding grants to constituent dental societies with specific membership outreach programs impacting target membership demographics.
The Indiana AIR Leadership Development Program is focused on training future leaders for the dental profession, particularly those from diverse backgrounds. The program is a two-year leadership training program open to all members, but focused on these new dentists in an effort to prepare the association's next generation of leaders with skills needed for leading in their dental practices, their communities and their dental association. The first class begins this fall with exploring leadership skills, team building, negotiation and conflict resolution, communication skills, advocacy training and leadership logistics. Interested individuals can apply to the Indiana AIR Program online at INDental.org/AIR.
The second initiative is the "Dental Divas" program. The program specifically reaches out to female dentists. Membership statistics indicate that women dentists are a growing demographic, and the IDA knows women face unique challenges in the dental profession. The IDA Council on Membership is in the planning stage for the program and hopes to host a one-day summit for women dentists this fall. The "Dental Diva" event will include continuing education; address specific issues women dentists face (i.e. health issues; leadership, staffing, etc.), and a "Local Dental Diva Launch Packet" that will help local components host their own gatherings for women dentists.
If you would like to be a part of planning or programming for either of the events, please contact the IDA Central Office at 800.562.5646 and speak with Jay Dziwlik.
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932: Resilience and competitiveness
This paper is summarised from 'Resilience and Competitiveness', a supporting information document to an on-line discussion being carried out by Defra which ends on 23rd December 2009.
Year of Publication2009
Farmers need to be more competitive and because they are increasingly affected by the market they need to be able to manage risk. Techniques can include diversification; storage, forward contracts and credit markets; futures and options markets; sharecropping arrangements; part time farming; insurance; collaboration and co-operation: increasing competitiveness and skills and reducing barriers to entry and expansion and facilitating departures. Joint venture farming arrangements need to be encouraged to facilitate this process and ways need to be found to encourage more R&D.
This item is categorised as follows
Additional keywords/tagsrisk manangement
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This is a brief summary of an item in the OpenFields Library. This free online library contains items of interest to practitioners and researchers in the agricultural and landbased industries.

subset: commoncrawl


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Inspiring achievements from older people
November 15, 2010 1 Comment
Here is a firmly established, inspirational idea from the USA that we could well do with importing into the UK. Any takers?
Civic Ventures has just announced the 2010 winners of its Purpose Prize. Five $100,000 and five $50,000 prizes will go to social entrepreneurs over 60 who, in their encore careers, are using their experience and passion to make an extraordinary impact on society's biggest challenges. Now in its fifth year, the six-year, $17 million program is the nation's only large-scale investment in social innovators in the second half of life.
Winners include:
- A woman who ended her plans for retirement when she realized neighbours needed help negotiating better mortgage terms in order to avoid foreclosure
- A long-time arbitrator for an international law firm who is working with Afghans to rebuild orchards and vineyards – and their economy
- A former housekeeper who became an activist – and a mayor-appointed commissioner – to fight port and other industrial pollution in her low-income neighbourhood
- A former owner of a tool-and-dye shop who returned to his native West Virginia for a peaceful retirement, only to find himself fighting a coal industry engaged in the destructive, disruptive practice of mountain top removal
"Purpose Prize winners are courageous, creative, passionate and strategic – all the qualities needed to make headway on some of our greatest challenges," said Marc Freedman, CEO and founder of Civic Ventures and author of the upcoming book The Big Shift (April 2011, Public Affairs Books). "It is the combination of these qualities, their decades of experience, and the sheer size of the baby boomer population that make social innovators in their encore careers a promising and invaluable asset to society."
The Purpose Prize, funded by The Atlantic Philanthropies and the John Templeton Foundation, is a program of Civic Ventures' Encore Careers campaign (www.encore.org), which aims to engage millions of boomers in encore careers combining social impact, personal meaning and continued income in the second half of life.
Summaries of all winners, videos and photographs are online at www.encore.org/prize.
Civic Ventures is a national think tank on boomers, work and social purpose that introduced the concept of encore careers that combine purpose, passion and a paycheck.


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Health Psychology
- Overview
- Course Information
- Tuition
- Benefits
With an ever changing healthcare landscape, health consultants are in high demand. The PhD-PSY in Health Psychology familiarizes you with the latest theory, research and practice in the field of health psychology. Taught by professors who all hold doctoral degrees, you explore the important interaction between the body and the mind, and the factors that influence physical and psychological health, such as stress and nutrition. You will also be challenged to develop your own solutions to today's psycho-social health problems through research projects.
General Degree Requirements
The PhD in Psychology degree requires a minimum of 60 credit hours at the graduate level beyond the master's degree.
The University may accept a maximum of 12 semester credit hours in transfer toward the doctoral degree for graduate coursework completed at an accredited college or university while enrolled in a doctoral program with a grade of "B" or better.
Completion Period for Doctoral Degrees
Northcentral University allows 7 years to complete all doctoral programs of 60 credits or less. Normal time to complete varies depending upon course take rate and credits transferred in.
Competencies for PhD Programs in Psychology
- Graduate-Level Research Methods Competency - PhD students are required to complete PSY7103, PSY7106, PSY7108, and PSY7109 at Northcentral.
- Graduate-Level Statistics Competency - PhD students are required to complete PSY7107 at Northcentral.
- Computer Competency - Doctoral students are required to have computer skills necessary for completing a dissertation. Students must be able to prepare documents using advanced word processing skills (e.g., creation of tables and figures, headers and footers, page breaks, tables of contents, hanging indents). Students must use computer programs for the statistical analysis of data (e.g., SAS). Students must produce a computer-based presentation (e.g., PowerPoint) for their dissertation oral defense.
See below for specialization courses specific to this program. To learn more, fill out the request information form below or view the course catalog.
Course Code
Course Description
Health Psychology
This doctoral-level course examines how biological, psychological, and social factors interact with and affect:1. The efforts people make in promoting good health and preventing illness.2. The treatment of people by medical professionals and responses to treatment.3. Coping with stress and pain.4. The recovery, rehabilitation, and psychosocial adjustment of patients with serious health problems.5. Personality factors in health.6. Role of stress on immunity.
Psychosocial Factors in Health
The body-mind connection is a well-researched topic in the field of medicine and psychology. This course will help the student become aware of the body of research surrounding the impact of behavior, psychology, and social factors on physical health. Further, it will explore how diversity issues, such as gender, age, and ethnocultural background influence health-related behaviors.
Behavioral Nutrition
The interaction of behavior and nutrition is an increasingly important one as nutrition and eating patterns impact the brain and behavior. In this course students will analyze reliable sources of information and statistics in the field of behavioral nutrition, apply ethics and a sensitivity to diversity in developing public health nutrition programs, and utilize text and graphics in communicating information in this field.
Eating Disorders and Obesity
This course surveys topics related to eating disorders and obesity, including etiology, assessment, diagnosis, treatment, and prevention. Specific focus is given to the dispositional, social, and cultural factors associated with the development and maintenance of disordered eating patterns. Implications for psychological and physical health are examined.
Complementary and Alternative Medicine
This course takes an evaluative look at complementary and alternative methods (CAM) aimed at promoting health and wellness. Evidence based practice in the application of complementary and alternative methods to health will be explored, as will the increasing use of CAMs in traditional medicine, and their comparative importance among diverse groups.
Consultation and Interventions in Health Care Settings
Consulting in health settings requires an array of personal skills, knowledge and information, and techniques. In this course, the student learns practical skills for consulting. The student also becomes familiar with typical programs offered by consultants in healthcare settings.
At Northcentral University, we pride ourselves in being completely transparent when it comes to tuition and fees. If a cost is not included in our Cost Per Course Tuition Rate, we let you know up front. Currently, the only additional cost above your program rate* is books. Learn more about the NCU's PhD Psy costs below:
- Per credit cost: $1,035
- Per 3 credit course cost: $3,105
- Program cost: $62,450 - $74,870
- Average Book cost per course: $110
- Application Fee: $0
- Learning Management Fee (one-time per program): $350
- Registration Fee: $0
Click here to learn more about payment and financing options.
*Program rates are subject to change and generally increase at the start of each calendar year.
Total program costs reflected are calculated based on standard degree program credits exclusive of the program's potential evaluation track. The actual cost of a program is determined based upon the program and track the student enters, transfer credits if any, and other unique student factors. For more information: please contact Admissions or refer to the catalog.
If there's one thing we've learned about our students, it's that they are motivated and ambitious—but they are also busy! At Northcentral University, we've designed our education experience to work with you, not against you, so you can achieve your academic goals without sacrificing the quality, flexibility and support you need to be successful.
- Regionally Accredited
- No Physical Residency Requirements
- One-to-One Teaching
- 100% Doctoral Faculty
- Flexibility of Online Learning
- University Resources
To learn more, request information or call 1-866-776-0331 to speak with an enrollment advisor today. We offer new courses every Monday of the year so you can get started when it's best for you.
Note on Licensure: The Doctor of Philosophy in Psychology program is not a licensure program and does not prepare an individual to become a licensed psychology or counseling professional.


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Amenities + Details
Handicap Accessible
On-Site Accommodations
Outdoor - Covered
Reception Area
For more details about amenities, please message the Venue.
$$ – Affordable
Ballroom, Hotel, Tented
Bar + Drinks, Food + Catering, Service Staff
Contact Info
We got married Oct 1, 2016 at Lake Natoma Inn, it was a picture perfect day for us. The service was over the top excellence & the food was so fabulous our attendees are still talking about it. Working with Erin, the #1 wedding planner extrodinaire, was a dream come true, she is... Read More so caring and her ideas helped make our wedding the best day ever! My new in-laws cant stop talking about how wonderful she was and her attention to details made our day perfect. The venue was beautiful and the staff is the best you can find!
Everyone involved at the hotel was amazing!
We had our wedding at the Lake Natoma Inn this August, and we could not have been happier with our choice! I researched 50+ different venues all over Northern California, and given what we were looking for (outdoor garden ceremony site, indoor banquet room, and guest... Read More accommodations at the same location or close by), LNI was the clear winner for both quality and value. What we didn't expect was that the staff were also OUTSTANDING, leading to a stress-free wedding planning experience and perfect wedding day! Erin was our wedding coordinator, and she was incredibly helpful and responsive throughout all the wedding planning. She was also terrific on the wedding day itself: friendly, calm, knowledgeable, flexible, and making sure everything ran smoothly. We had a number of special requests (dietary restrictions, timing, etc.), and the LNI staff went above and beyond to accommodate our needs. Given how many weddings we know they do, we were impressed with the great care that they take for each and every couple! We had our ceremony on the Patio (their beautiful garden, with greenery and flowers everywhere), and it was breathtaking. At first, the little paranoid part of me worried that we might hear outside noise from the pool (it was a hot day), hotel guests, cars, etc...... but we didn't hear a peep! It ended up being sheltered/secluded enough that we felt like nothing existed apart from our wedding. The banquet food was delicious and an amazing value, and the bar package prices are excellent too. Rooms also had all the amenities and were reasonably priced. The main downside is that they are open to doing multiple weddings in one day, but the spaces are separate enough (and they stagger the timing), so I don't think it would cause any issues. Luckily, we were the only wedding that day (a Sunday), so we didn't even have to worry about it, and the staff was extra flexible with timing, space, etc. We could not have been happier with our LNI experience!
Wedding VenueReviewed on 9/23/2014 Sarah B
Expensive, but beautiful!
Great place to have a wedding!Reviewed on 11/24/2013 Alyse K
I am so glad we had our wedding at the Lake Natoma Inn. Erin made everything so easy and stress free. The night went perfectly with all of her planning and Dave who ran the night. I would suggest this place in a heart beat to anyone who asked. Thank you Lake Natoma Inn.
Amazing venueReviewed on 10/02/2013 catalina d
This venue was a great location for my wedding. The site was beautiful and easy to locate for all guests. My coordinator, Erin, was amazing. From day one, all of my details were taken care of and anything I needed I received. The event staff was amazing. They took care of my... Read More guests and made sure everything was out on time, and even a guest that couldn't make it down to the reception, was made a plate to go. Food was great. The wedding site and reception site were all at the hotel. Their outdoor garden is very pretty and well kept. My wedding was in September and the sun was never a problem for our guests. All around, The Lake Natoma Inn was a great venue for our wedding and my husband and I were very pleased with their services.
Great venue site!Reviewed on 7/30/2013 Kristin D
I held my reception at Lake Natoma Inn and it was wonderful! All the staff were professional and provided great service! The wedding coordinator Julie Riggs was knowledgeable and helped where needed. The were accommodating with the number of guests I had, originally I was in the... Read More smaller room and when we realized we had too many people, they moved us to the larger room. Beautiful location! Loved taking the pictures my the river as well. Highly recommended.
Terrific Venue!Reviewed on 7/09/2013 Lindsay B
We worked with Erin LoBue, the wedding coordinator. She was amazing! Any question I had she would answer right away, though phone calls or emails. The venue was beautiful, and the food was very good! All of Erin's hard work, and that of the staff, made it a very smooth... Read More running day!
We has the best wedding!Reviewed on 4/22/2013 Brianne G
Our wedding was more than we could have ever imagined. The hotel was extremely accommodating from the whole year of planning down to the last minute of the reception. We would do it all over again! Our families are still talking about how wonderful everything was weeks and weeks... Read More after the wedding was over.
Lake Natoma Inn Beautiful Wedding SiteReviewed on 4/07/2013 Sara R
We had both our ceremony and our reception at Lake Natoma Inn. Erin our wedding coordinator, a member of the LNI staff was avaiable through the entire process of the wedding. From booking vendors to setting up the ceremony she was there. When she was out of town a member of her... Read More staff got back to us. Erin is wonderful. Our ceremony was outside in the gazebo site...it was beautiful, 160 people no problem. They let us decorate however we wanted, even their fence and lamp posts. Reception was in the pavillion. Decorated beautifully and LNI provides all linens and table center mirrors, votives and more. The banquet manager Diane is superb. She is more than any bride could ever ask for. Only down side is the hotel is on the smaller side. only 104 rooms, they give you a great wedding rate, but for a large wedding you need to book rooms early.
AmazingReviewed on 12/22/2012 Brittany A
Love the wedding staff very nice
Awesome venueReviewed on 11/25/2012 Tina B
The Lake Natoma Inn is a beautiful venue to have an outside wedding. It made you feel like you are in the great out doors with the majestic trees and the bike trail behind it. Erin who is the wedding coordinator is just the most professional and kind person you can meet. She... Read More answers every question that you have even if it doesn't have to with the venue. I would recommend the Pavilion part of the inn as this is the place that I had the reception. Just beautiful.
AMAZING!Reviewed on 11/03/2012 Amanda C
From the day we met with the coordinator for the first time to the wedding day, everyone at Lake Natoma Inn was over-the-top helpful! I highly recommend this venue to anyone getting married!!
Awesome!Reviewed on 10/16/2012 Samantha B
I love everyone who worked there. They are on top of everything that you need.
Ron and Mel WeddingReviewed on 9/23/2012 Melvesia B
It was everthing we wanted it.
Awesome WeddingReviewed on 8/12/2012 Amanda Z
My husband and I just got married on July 7th 2012 at Lake Natoma Inn. Everyone from the coordinator to the waiters were fantastic and we don't have anything negative to say. Everything went off without any problems.
WONDERFULReviewed on 7/10/2012 Alexa L
Lake Natoma Inn, first of all, is BEAUTIFUL. You have 2 options for an outdoor setting for the ceremony and 3 different ballrooms for the reception. The staff...there are no words for how wonderful they are! They really make your day special.
A wonderful place to get marriedReviewed on 7/05/2012 Hayden Z
I had my wedding here in May 2012 and the staff was fantastic! I was in contact with them 9 months before my wedding and had meeting and emails with them all the way up till the day of the wedding. One of the wedding coordinators ran the rehearsal and it ran so smoothly and... Read More after only a few minutes everyone knew what they were supposed to do. The day of the wedding, the wedding coordinator kept everyone on time and made everything run smoothly. The staff were wonderful and made sure me and my groom were well taken care of during the reception as well as all of my guests. We were SO impressed with the service! I would definitely recommend them!
amazing venueReviewed on 6/28/2012 shauna c
We had the pavillion room and It was absolutely beautiful! We had about 60 guests and the room was more than big enough. The food was delicious and the staff were excellent. Especially Dave! He was so sweet, he packed two to-go containers for me and my husband to enjoy later on... Read More after the wedding. Everyone raved about the food. We got the lake natoma inn buffet and even our vegetarian and vegan friends loved it! Thank you lake natoma inn
Have your wedding here!Reviewed on 6/20/2012 Anh N
The Lake Natoma Inn was the best choice we made for our wedding. The Director of Weddings, Erin LoBue was with us from start to finish through this process and she was incredibly patient and supportive. Christina Menthe, the wedding coordinator was also available to us for... Read More questions and random drop in visits with vendors and friends. This all-inclusive venue with beautiful backdrop was perfect for our May 12 outdoor ceremony. We held our reception in the Pavilion which had an amazing fabric draped ceiling and didn't feel like just another ballroom. For our 140 or so guests, it was spacious and comfortable, even with a photo booth, candy buffet, DJ and dance floor. Linens of any color, full table settings, centerpiece mirror and four votives, champagne/cider toast were included. Our guests raved about the food! We enjoyed it at the tasting as well and it turned out even better on the day of our wedding. You know the food is good when you eat it cold almost four hours later. Definitely consider LNI for your event because you won't be sorry... Congratulations and best wishes for your big day!
Fantastic Wedding Venue!Reviewed on 6/05/2012 Laura J
Lake Natoma Inn is a fantastic wedding venue! I worked with Christina throughout the planning process – she is great as well. She is super responsive to any questions or emails, and even as the wedding got closer, she was always available for questions or changes, etc. I never... Read More felt like a bother to her. They were very flexible on the buffet options as well – we didn't really care for the lasagna and they allowed us to switch the food out with another option without charging us extra. They really are there to meet your needs and do what they can to make your day perfect. The day of the wedding ran smooth as well – she was there to coordinate the ceremony, and then the banquet manager pretty much handles the reception. They were great in making sure people knew when to eat, checked in with my husband and I throughout the reception to ensure we had everything we needed, etc. They were super attentive and very easy to work with. The food was excellent! Just a heads up in regards to the ceremony, LNI does not have any microphones for your minister performing the ceremony. Our DJ didn't have one either, so our ceremony was performed with no microphone, and some guests commented it was a little difficult to hear, as we are close to Folsom Blvd so you could hear some traffic. I'd highly recommend renting a suite (especially for the girls) the night before – these rooms are great, and overlook the ceremony venue. They are spacious and plenty of room to get ready the next morning. Plus if you're lucky you get to watch a wedding from your room the night before yours. All of our guests staying at the hotel indicated their rooms were great with comfortable beds as well, so it's great for out of town guests. I would definitely recommend LNI for anybody looking for a wedding venue!
THEE Worst!!Reviewed on 5/21/2012 mary q
Over priced. The staff were like robots. Breakfast was over $30.00. Smells were horrible, they had barking dogs all night long. Over priced, they charged for water, movies for $18.00 each. Terrible experience! No fresh towels~I do NOT know how this place stays in business!
Amazing Beautiful venue with accomidating staffReviewed on 1/05/2012 Chelsea S
from start to finish the lake natoma staff and wedding coordiators were amazing. everything we wanted they got us. and no request was unmet. the ceremony location was beautiful and set up way in advance so we could do a walk through and make sure everything was perfect. and the... Read More reception ballroom looked absolutely like my dreams! i would recommend getting married here. they also personalize everything so your wedding represents the couple perfectly. our wedding coordiator was Christina. she was amazing and always in contact and never made me feel like a crazy bride. she, herself, is a newlywed so that was fun. becasue she was excited to make our day perfect!!!
Perfect!Reviewed on 11/19/2011 Kasie R
I have heard and been a part of so many stories of things that have gone terribly wrong at someone's wedding. I have to say that our wedding at Lake Natoma Inn this October was PERFECT! From the day we signed the contract to the morning after brunch on the patio the staff at... Read More Lake Natoma Inn did everything they could to ensure our wedding experience went smooth and perfect. We received many compliments on the wedding food being the best our guests had ever had, and the grounds were just beautiful and clean. I would recommend the Lake Natoma Inn for anyone looking to have a wedding in the Folsom area.
WonderfulReviewed on 11/13/2011 emily a
The venue is beautiful and the staff really bends over backwards for you. My husband and I even were sent home with two boxes of food and a bottle of champagne for our hotel room! The lovely thing about the Lake Natoma Inn is that you get to just show up the day of your... Read More wedding. There is a wedding coordinator and the chairs, food, and everything is included in the price. I wouldn't have changed anything!


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April 1, 2010
B.P., A MINOR, BY HIS LEGAL GUARDIANS AND NEXT FRIENDS, LESLIE AND TREVOR PETRUK, AND LESLIE AND TREVOR PETRUK, INDIVIDUALLY, PLAINTIFFS,v.CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, DEFENDANT.
THIS MATTER is before the Court on the Plaintiffs' Motion for Attorney's Fees and Costs [Doc. 20] and for a final determination of the award to the Plaintiffs as the prevailing parties in this matter. The Court held a hearing on these issues on February 23, 2010.
The Plaintiffs Leslie and Trevor Petruk, individually and as the legal guardians and next friends of their minor child B.P., initiated this action on October 26, 2006, seeking review of a state administrative decision in a special education case pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq. (1997) ("IDEA").*fn1 On October 26, 2009, the Court entered an Order, finding that the Defendant CharlotteMecklenburg Board of Education ("CMS") failed to provide B.P. a free appropriate public education ("FAPE") during the 2004-05 school year and the 2005 extended school year ("ESY"). The Court ordered CMS to reimburse the Petruks for the costs of the private preschool program in which they enrolled B.P. for the 2004-05 school year and 2005 ESY, as well as for transportation expenses for the applicable time period. Because the Court found that the Petruks had failed to demonstrate that CMS denied B.P. a FAPE for the 2005-06 school year, the Petruks' request for reimbursement of tuition and related expenses for that year was denied. [Doc. 18 at 56]. The Petruks were directed to file their petition for attorney's fees by November 15, 2009, so that a hearing could be set to determine the final amount of the Petruks' award. [Id. at 57].
The Petruks filed their Motion for Attorney's Fees and Costs and supporting documentation on November 13, 2009. [Doc. 20]. After receiving an extension of time to respond, CMS filed its opposition to the Petruks' Motion on December 14, 2009. [Doc. 30]. The Petruks' Reply was filed on December 23, 2009. [Doc. 31]. The parties appeared before the undersigned on February 23, 2010. Subsequent to this hearing, the Petruks' counsel submitted a Supplemental Declaration in support of the request for attorney's fees and costs. [Doc. 33].
Having been fully briefed and argued, these matters are now ripe for disposition.
A. Costs Related to the 2004-05 School Year and 2005 ESY
The IDEA authorizes the Court to "grant such relief as [it] determines is appropriate." 20 U.S.C. § 1415(e)(2). While the IDEA does not authorize the award of monetary damages, "courts can equitably reimburse parents for funds expended on their child's education because of the school district's failure to provide a FAPE." Emery v. Roanoke City Sch. Bd., 432 F.3d 294, 298 (4th Cir. 2005).
In the present case, the Petruks seek reimbursement of the costs of the private preschool program in which they enrolled B.P. for the 2004-05 school year, the 2005 ESY, and the 2005-06 school year. The Court has determined that the Petruks are entitled to reimbursement for the private preschool tuition related to the 2004-05 school year and the 2005 ESY. The parties agree that the cost of this tuition amounts to $6,188.00.
The Court also has determined that the Petruks are entitled to reimbursement for transportation expenses incurred during the 2004-05 school year and the 2005 ESY. While the parties agree on the amount of mileage that the Petruks occurred during this time period, the parties disagree as to the applicable rate for this mileage. The Petruks argue that they should be reimbursed at the current (2010) standard mileage rate of $.50 per mile, which would result in an award of $3,384.00. CMS contends that the Court should apply the mileage rate in effect at the time that the mileage expenses were incurred, which was $.375 per mile for the period of August 2004 to December 2004 and $.40 per mile for the period of January 2005 to August 2005. Based on the mileage rates in effect during these time periods, CMS contends that the Petruks are entitled to an award of $2,658.96 for mileage reimbursement.
The Court agrees with CMS that the mileage reimbursement should be calculated using the mileage rate in effect at the time that the mileage expenses were incurred. See, e.g., Alfaro v. Gen. Motors Corp., No. 05-cv-00645-MSK-BNB, 2007 WL 840505, at *3 n.2 (D. Colo. Mar. 19, 2007) (awarding mileage to witness at the rate in effect at time of deposition). Accordingly, the Petruks shall be awarded a total of $2,658.96 for mileage reimbursement.
B. Attorney's Fees
In any action or proceeding brought under the IDEA, the Court in its discretion may award reasonable attorney's fees as part of the costs to the prevailing party who is a parent of a child with a disability. 20 U.S.C. § 1415(e)(4)(B). A party need not prevail on all claims in order to be considered a prevailing party under the IDEA. See G ex rel. RG v. Fort Bragg Dependent Schools, 343 F.3d 295, 310 (4th Cir. 2003). A party is "prevailing" where it can "point to a resolution of the dispute which changes the legal relationship between itself and the defendant." Tex. State Teachers Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782, 792, 109 S.Ct. 1486, 103 L.Ed.2d 866 (1989).
In the present case, CMS concedes, and the Court so finds, that the Petruks are "prevailing parties" within the meaning of the IDEA. A finding that a party is a prevailing party, however, only makes the party eligible to receive an award of attorneys' fees under the IDEA; "it does not automatically entitle [the prevailing party] to recover the full amount that he spent on legal representation." D.W. ex rel. W. v. Houston Indep. Sch. Dist., 158 F.3d 205, 209 (5th Cir. 1998).
The starting point for determining the amount of a reasonable fee is the calculation of the lodestar figure, which is "the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate." Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). "If properly computed, 'the lodestar figure will normally reflect a reasonable fee.'" JP ex rel. Peterson v. County Sch. Bd. of Hanover County, Va., 641 F.Supp.2d 499, 512 (E.D.Va. 2009) (quoting A.D. ex rel. S.D. v. Bd. of Pub. Educ. of the City of Asheville, 99 F.Supp.2d 683, 687 (W.D.N.C. 1999)).
The determination of a reasonable attorney's fee is a matter of discretion with the Court. See Robinson v. Equifax Info. Services, 560 F.3d 235, 243 (4th Cir. 2009). In determining what is "reasonable," the Fourth Circuit has instructed that a district court's discretion should be guided by the following factors, known as the "Johnson factors":
(1) the time and labor expended; (2) the novelty and difficulty of the questions raised; (3) the skill required to properly perform the legal services rendered; (4) the attorney's opportunity costs in pressing the instant litigation; (5) the customary fee for like work; (6) the attorney's expectations at the outset of the litigation; (7) the time limitations imposed by the client or circumstances; (8) the amount in controversy and the results obtained; (9) the experience, reputation and ability of the attorney; (10) the undesirability of the case within the legal community in which the suit arose; (11) the nature and length of the professional relationship between attorney and client; and (12) attorneys' fees awards in similar cases.
Grissom v. The Mills Corp., 549 F.3d 313, 321 (4th Cir. 2008) (applying twelve-factor test set forth in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974)) (citation omitted).
After determining the lodestar amount, "the court then should subtract fees for hours spent on unsuccessful claims unrelated to successful ones." Id. (quoting Johnson v. City of Aiken, 278 F.3d 333, 337 (4th Cir. 2002)). "Once the court has subtracted the fees incurred for unsuccessful, unrelated claims, it then awards some percentage of the remaining amount, depending on the degree of success enjoyed by the plaintiff." Grissom, 549 F.3d at 321 (quoting Johnson, 278 F.3d at 337).
The party seeking an award of attorney's fees must submit adequate evidence detailing the hours worked and the rates claimed. Hensley, 461 U.S. at 433, 103 S.Ct. 1933. "Where the attorney's documentation is inadequate, or the claimed hours are duplicative or excessive, the court may reduce the award accordingly." Neves v. Neves, 637 F.Supp.2d 322, 340 (W.D.N.C. 2009). "The goal is to not overcompensate counsel with a 'liberal' fee, but to award the 'reasonable' fee necessary to encourage competent lawyers to undertake the representation." Id. (citation omitted).
1. Reasonable Hours Expended
In the present case, the Petruks seek an award of attorney's fees based upon a total of 198.4 hours of legal services and 41.3 hours of travel time related to the handling of the due process case, the NCDPI appeal, the present appeal, and filing of the attorney's fees motion by their counsel, Stacey B. Bawtinhimer.*fn2 Ms. Bawtinhimer is licensed in the States of North Carolina and Georgia, and is an attorney in good standing with the North Carolina and Georgia Supreme Courts, the North Carolina Court of Appeals, each of the federal district courts of North Carolina, the Fourth Circuit Court of Appeals, and the United States Supreme Court. [Declaration of Stacey B. Bawtinhimer ("Bawtinhimer Decl."), Doc. 22 at ¶2]. She has practiced law for nineteen years, has been representing disabled students for over fifteen years, and has been exclusively practicing special education/education law on behalf of disabled students for over ten of those years. [Id. at ¶3]. To her knowledge, Ms. Bawtinhimer is the only private-practice attorney who exclusively practices special education law. [Id. at ¶4]. Ms. Bawtinhimer is active in the North Carolina Bar Association, as well as various groups involved in the promotion of the rights of disabled children. [Id. at ¶ 5]. She has taught courses on special education law for the North Carolina Bar, Campbell University School of Education, and Wake Forest University Neuropsychology Department. [Id. at ¶ 6].
In support of the Petruks' claim for attorney's fees, Ms. Bawtinhimer has submitted two declarations, supported by detailed billing records. [Bawtinhimer Decl., Doc. 22; Supplemental Declaration of Stacey B. Bawtinhimer ("Bawtinhimer Supp. Decl."), Doc. 33]. As previously noted, CMS does not dispute the reasonableness of the hours expended by the Petruks' counsel in this matter. [Doc. 30 at 7]. Upon careful review of Ms. Bawtinhimer's billing records and declarations, the Court is satisfied that the 199.8 hours for legal services plus 41.3 hours for travel time were reasonably expended in furtherance of this litigation.
2. Reasonable Hourly Rate
The IDEA requires that any award of attorney's fees must be "based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished." 20 U.S.C. § 1415(e)(4)(C). In the present case, the Petruks seek an award of attorney's fees based upon an hourly rate of $350 per hour for legal services and $100 per hour for travel. [See Docs. 22, 33]. CMS objects to the Petruks' request for a fee of $350.00 per hour as excessive. [Doc. 30 at 7].
In her Declaration submitted in support of the Petruks' claim for attorney's fees, Ms. Bawtinhimer states that when she was retained by the Petruks in 2006, they entered into a Retainer Agreement by which the Petruks agreed to pay her $175.00 per hour for attorney's fees and a reduced rate of $50.00 per hour for travel time plus mileage. [Bawtinhimer Decl., Doc. 22 at ¶9]. This Retainer Agreement also stated: "If applicable, Client understands and agrees that the Firm will, if successful, apply to federal court for a further fee award, beyond the fee the Client has agreed to pay." [Id. at ¶ 10]. Ms. Bawtinhimer explained that she included this type of provision in all of her retainer agreements so that she could seek reimbursement at the current community hourly rate and because "few parents can afford to pay $175.00 per hour and at some point all of my cases become a contingency fee." [Id. at ¶¶ 11, 12].
Ms. Bawtinhimer asserts that an appropriate hourly rate for her legal services is $350.00 per hour, with a proportionately reduced travel rate of $100.00 per hour. [Id. at ¶¶28, 30]. In further support of this claimed hourly rate, the Petruks submit the affidavits of Phillip R. Dixon, Brett Loftis, Edward G. Connette, and Connie Hawkins. [Docs. 24, 25, 26, 27]. Phillip Dixon is an attorney in Greenville, North Carolina, and has been retained as a school board attorney for over twenty-one local school boards and six community colleges. [Declaration of Phillip R. Dixon ("Dixon Decl."), Doc. 24 at ¶¶1, 3]. Mr. Dixon states he has known Ms. Bawtinhimer since 1997 and knows her to be extremely knowledgeable about special education law. [Id. at ¶¶7, 10]. Mr. Dixon further states that as a school board attorney, he charges "non-retainer" school board clients in Eastern North Carolina $300.00 per hour for his services, and that Mr. Dixon's colleagues in Charlotte, North Carolina, who practice administrative and federal law charge over $350.00 per hour. [Id. at ¶¶13, 15]. Mr. Dixon opines that based on the limited number of private attorneys who practice special education law, Ms. Bawtinhimer's experience and expertise, and the community rate in Charlotte, North Carolina, a reasonable rate for Ms. Bawtinhimer's legal services would be $350.00 per hour. [Id. at ¶16].
Brett Loftis is an attorney and the Executive Director of the Council for Children's Rights in Charlotte, North Carolina. [Affidavit of Brett Loftis ("Loftis Aff."), Doc. 25 at ¶1]. Mr. Loftis is familiar with Ms. Bawtinhimer's experience and abilities, and to his knowledge she is the only private attorney in North Carolina exclusively practicing in the area of special education law. [Id. at ¶¶3-5]. In Mr. Loftis's opinion, an hourly rate of $250.00 for Ms. Bawtinhimer is reasonable given her level of experience and expertise and well within the prevailing rates for attorneys with similar experience and abilities in Charlotte, North Carolina. [Id. at ¶ 6].
Edward Connette is a partner with Essex Richards P.A. in Charlotte, North Carolina. [Declaration of Edward G. Connette ("Connette Decl."), Doc. 26 at ¶1]. He practices almost exclusively civil litigation, both at trial and on appeal. [Id. at ¶3]. Mr. Connette states that he is familiar with Ms. Bawtinhimer's work, because so few attorneys in North Carolina are willing to litigate special education cases, and that given her knowledge, skill, experience, and years of education, a rate of $300 to $350 per hour for routine, non-contingent work would be well within the prevailing rates for similar attorneys practicing law in the Charlotte area. [Id. at ¶¶6, 7]. For the specialized practice area involved in this case, Mr. Connette states that an hourly rate of $350 to $450 would be appropriate. [Id.].
Connie Hawkins is the Executive Director of the Exceptional Children's Assistance Center in Davidson, North Carolina. [Declaration of Connie Hawkins ("Hawkins Decl."), Doc. 27 at ¶1]. She has worked with Ms. Bawtinhimer in representing students with disabilities for over fifteen years, and she believes Ms. Bawtinhimer to be the most experienced attorney in North Carolina representing families in special education cases and the only private practice attorney to exclusively practice special education law. [Id. at ¶2].
In response, CMS submits the affidavits of Ann L. Majestic, Jill R. Wilson, and Christopher Z. Campbell [Docs. 30-1, 30-2, 30-3]. Ann Majestic is a partner with the law firm of Tharrington Smith, L.L.P, in Raleigh, North Carolina. [Affidavit of Ann L. Majestic ("Majestic Aff."), Doc. 30-1 at ¶2]. She has practiced for twenty-seven years in the area of education law, with a special emphasis in special education. [Id. at ¶¶2-4]. Ms. Majestic regularly deals with attorneys who practice in the area of special education, and she is familiar with the rates charged by attorneys in Mecklenburg County in this practice area. [Id. at ¶6]. She has never known an attorney practicing in the area of special education, whether representing parents or school boards, who has charged an hourly rate of $350.00 in North Carolina. [Id.]. Ms. Majestic's own billing rates from 2006 to the present range from $160 to $175 for retainer clients and $210 to $245 for non-retainer clients. [Id. at ¶7].
Jill Wilson is a partner with the law firm of Brooks, Pierce, McLendon, Humphrey, & Leonard, L.L.P., in Greensboro, North Carolina. [Affidavit of Jill R. Wilson ("Wilson Aff."), Doc. 30-2 at ¶2]. She has practiced for twenty-seven years in the area of education law and has represented the Guilford County Board of Education and Rockingham Board of Education in special education matters for the past eighteen years. [Id. at ¶3]. To Ms. Wilson's knowledge, North Carolina attorneys engaged in the practice of special education law charge between $150 and $200 per hour, depending on their experience. Ms. Wilson currently charges between $175 and $200 to her education clients. [Id. at ¶5].
Christopher Campbell is a partner with the law firm of Campbell Shatley, P.L.L.C. in Asheville, North Carolina. [Affidavit of Christopher Z. Campbell ("Campbell Aff."), Doc. 30-3 at ¶2]. He has devoted a significant portion of his thirteen years of practice to the area of special education law and has served as counsel to various Boards of Education in North Carolina. [Id. at ¶3]. In his capacity as a school board attorney, Mr. Campbell regularly deals with attorneys who represent students and parents in special education matters. Based on his experience, attorneys in Western North Carolina have charged between $150 and $225 per hour, depending upon their experience, for representation of students and parents in such matters. Mr. Campbell is not aware of any attorney who charges more than $225 per hour for special education matters. Mr. Campbell currently charges between $175 and $200 per hour to his education clients. [Id. at ¶5].
Based on the affidavits and declarations provided, and the Court's own knowledge of and experience with prevailing rates charged in the relevant community, the Court finds the requested fee of $350 per hour to be greater than reasonable. The Court therefore will award fees at the rate of $300 per hour for legal services and $100 for travel. The Court finds that such rates are commensurate with the market rates "prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation." Hadix v. Johnson, 65 F.3d 532, 536 (6th Cir. 1995) (quoting Blum v. Stenson, 465 U.S. 886, 896 n.11, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984)).
Based on an hourly rate of $300 for legal services and $100 for travel, the Court calculates the lodestar amount to be $59,940.00 for legal services (199.8 hours x $300) and $4,130.00 for travel (41.3 hours x $100), for a total lodestar fee of $64,070.00.
3. Reduction for Partial Success
CMS argues that the fee award should be reduced due to the Petruks' limited success on all of their claims. [Doc. 30 at 11]. The Petruks argue that their fee award should not be reduced, despite their lack of success on their claim for reimbursement for the 2005-06 school year, because (1) CMS unreasonably protracted the litigation and (2) any reduction would be disproportionate to the work performed on this one issue. [Doc. 31 at 4].
In determining a reasonable amount of attorney's fees, the Court looks not only to the lodestar amount but also to the "results obtained," especially where a plaintiff has "succeeded on only some of his claims for relief." Hensley, 461 U.S. at 434; J.D. ex rel. Davis v. Kanawha County Bd. of Educ., 571 F.3d 381, 387 (4th Cir. 2009). Indeed, of the twelve Johnson factors, "'the most critical factor' in determining the reasonableness of a fee award 'is the degree of success obtained.'" Farrar v. Hobby, 506 U.S. 103, 114, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992) (quoting Hensley, 461 U.S. at 436, 103 S.Ct. 1933). In Hensley, the Supreme Court noted that "[t]here is no precise rule or formula" for determining the amount of attorney's fees, and the Court "necessarily has discretion" in such matters. 461 U.S. at 436-37.
In the present case, there were four primary legal issues in dispute:
(1) whether the sixty-day statute of limitations or two-year statute of limitations applied to the filing of the Plaintiffs' petition; (2) whether the statute of limitations had been tolled by the parties' attempt to mediate; (3) whether the IEP developed for the 2004-05 school year and 2005 ESY was appropriate; and (4) whether the IEP developed for the 2005-06 school year was appropriate. At the hearing level, Judge Elkins found that the two-year statute of limitations applied, but was tolled by the parties' attempt to mediate; that the IEP developed for the 2004-05 school year and 2005 ESY was not appropriate; and that the IEP developed for the 2005-06 school year was appropriate. The State Hearing Officer reversed, finding that the sixty-day statute of limitations applied and was not tolled by the parties' attempt to mediate, and that the IEPs developed for both school years were appropriate. On appeal to this Court, the undersigned concluded that the sixty-day statute of limitations applied but was not triggered due to the lack of a final decision by CMS. In all other respects, the Court agreed with Judge Elkins's findings regarding both the 2004-05 and 2005-06 IEPs. Thus, the end result was that the Plaintiffs did not prevail on their claim for reimbursement related to the 2005-06 school year, but did prevail on the statute of limitations issues and their claim of reimbursement related to the 2004-05 school year and 2005 ESY.
Given the lack of success with regard to their claim for reimbursement for the 2005-06 school year, the Court finds that some reduction of the Petruks' fee award would be appropriate. As the vast majority of this litigation focused on the statute of limitations issue and the Petruks' claim for reimbursement for expenses related to the 2004-05 school year and 2005 ESY, however, the Court finds that the fee award should be reduced only by ten percent (10%) to account for this lack of success. See, e.g., Bd. of Educ. of Frederick County v. I.S. ex rel. Summers, 358 F.Supp.2d 462, 466 (D. Md. 2005) (reducing attorney's fee award by 10% where disabled student lost on claim for compensatory education services but obtained the primary relief sought in administrative hearing, i.e., school district funding of private placement).
The Plaintiffs argue that no reduction of the fee award should be made because CMS unreasonably protracted the final resolution of this case. [Doc. 21 at 14]. The Court disagrees. First, 20 U.S.C. § 1415(e)(4)(G), which provides that an award of attorney's fees shall not reduced if the school system unreasonably protracted the final resolution of the case, only applies to reductions made pursuant to § 1415(e)(4)(F). A reduction to reflect a plaintiff's partial success is not a type of reduction contemplated by § 1415(e)(4)(F). Second, the Court cannot say that CMS pursued its appeal in bad faith. CMS pursued an appeal of Judge Elkins's decision that the applicable statute of limitations, which he determined to be two years, was tolled by the parties' attempt to mediate. On appeal, the State Hearing Review Officer agreed with CMS. Given that the State Hearing Review Officer found in CMS's favor, it cannot be considered bad faith or frivolous for CMS to have continued its appeal. The Petruks' argument, therefore, is without merit.
For the foregoing reasons, the Court calculates the attorney's fee award to the Petruks as follows:
Legal Services (199.8 hours at $300/hour) $59,940.00 Travel (41.3 hours at $100/hour) 4,130.00 Subtotal $64,070.00 10% reduction for limited success (6,407.00) TOTAL ATTORNEY'S FEE AWARD $57,663.00 The Court finds that this amount is reasonable in light of the time and labor expended by the Petruks' counsel; the complexity of the legal issues involved in this case; the specialized knowledge and skill required to properly perform the rendered legal services; the experience, reputation, ability of Ms. Bawtinhimer; and the results that she obtained on behalf of her clients.
C. Costs
The Petruks seek to recover costs incurred by their counsel in the amount of $2,138.71 for filing fees, postage, copying, faxes, as well as mileage and other travel expenses incurred by their counsel during the course of this litigation. [See Docs. 22, 33]. CMS makes no objection to the Petruks' claim for these costs.
The $350.00 filing fee claimed by the Petruks is recoverable as "costs" pursuant to 28 U.S.C. § 1920 and so shall be awarded as such. While the other "costs" claimed by the Petruks' attorney are not recoverable under § 1920, they are nevertheless recoverable as part of the general attorney's fee award. "[A]attorney's fees awards include those reasonable out-of-pocket expenses incurred by attorneys and ordinarily charged to their clients." LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 763 (2d Cir. 1998) (quoting U.S. Football League v. Nat'l Football League, 887 F.2d 408, 416 (2d Cir.1989)); see also Harris v. Marhoefer, 24 F.3d 16, 19-20 (9th Cir.1994) (holding that plaintiff could "recover as part of the award of attorney's fees those out-of-pocket expenses that would normally be charged to a fee paying client") (citations omitted); Sexcius v. Dist. of Columbia, 839 F.Supp. 919, 927 (D.D.C.1993) ("Reasonable photocopying, postage, long distance telephone, messenger, and transportation and parking costs are customarily considered part of a 'reasonable attorney's fee.'"). The costs claimed by the Petruks' counsel appear to be those that would normally be billed by an attorney to clients. Upon carefully reviewing these expenditures, the Court finds that the claimed costs are reasonable. Accordingly, the Court will award these costs as part of the award of attorney's fees in this case.
D. Interest
Finally, the Petruks seek an award of both prejudgment and postjudgment interest in this case.
The decision to award prejudgment interest in an IDEA case is a matter within the Court's discretion. G ex rel. RG, 324 F.3d at 311. In deciding whether to award prejudgment interest, the Court must weigh the equities in the particular case. Moore Bros. Co. v. Brown & Root, Inc., 207 F.3d 717, 727 (4th Cir. 2000). In so doing, "the governing principle is one of fairness." Mary Helen Coal Corp. v. Hudson, 235 F.3d 207, 211 (4th Cir. 2000) (citation omitted). "The essential rationale for awarding prejudgment interest is to ensure that an injured party is fully compensated for its loss." City of Milwaukee v. Cement Div., Nat'l Gypsum Co., 515 U.S. 189, 195, 115 S.Ct. 2091, 132 L.Ed.2d 148 (1995). The Court finds and concludes that an award of prejudgment interest as to the award for reimbursement of tuition and related expenses is required to fully compensate the Petruks in this case.
The amount of prejudgment interest to be awarded on a federal claim is controlled by federal law. See Fox v. Fox, 167 F.3d 880, 884 (4th Cir. 1999). Absent a statutory mandate, the rate of prejudgment interest to be awarded is matter left to the discretion of the Court. Id. (citing Quesinberry v. Life Ins. Co. of N. Am., 987 F.2d 1017, 1030-31 (4th Cir. 1993) (en banc)). In determining the rate of such interest, it is proper for the Court to look to state statutory interest rates. See Quesinberry, 987 F.2d at 1031; Smith v. Am. Int'l Life Assurance Co. of New York, 50 F.3d 956, 958 (11th Cir. 1995). The statutory interest rate in North Carolina is 8 percent per annum, N.C. Gen. Stat. § 24-1, and the Petruks ask the Court to award them prejudgment interest at that rate. The Court finds 8 percent per annum to be an appropriate and reasonable rate and therefore awards the Petruks prejudgment interest at that rate, calculated simply, from March 16, 2006 (the date that the Petruks filed their due process petition in the North Carolina Office of Administrative Hearings) through the date of entry of Judgment. See, e.g., Quesinberry, 987 F.2d at 1032 n.13 ("pre-judgment interest should normally accrue at a simple rate of interest rather than compound").
The Petruks also request an award of post-judgment interest. Title 28 of the United States Code, Section 1961, provides for post-judgment interest on "any money judgment in a civil case recovered in a district court," calculated from the date of the entry of the judgment. 28 U.S.C. § 1961(a). "The phrase 'any money judgment' in § 1961(a) includes a judgment awarding attorney's fees and other costs." Holbrook v. Dist. of Columbia, 305 F.Supp.2d 41, 48 (D.D.C. 2004). Accordingly, the Court will award the Petruks post-judgment interest, calculated as specified in 28 U.S.C. § 1961(a), on the Petruks' entire award, including the award of attorney's fees and the award of prejudgment interest. See Quesinberry, 987 F.2d at 1031.
Accordingly, IT IS, THEREFORE, ORDERED that the Plaintiffs shall have and recover of the Defendant the sum of EIGHT THOUSAND, EIGHT HUNDRED AND FORTY-SIX DOLLARS AND NINETY-SIX CENTS ($8,846.96) for reimbursement of private school tuition and related transportation expenses for the 2004-05 school year and the 2005 ESY.
IT IS FURTHER ORDERED that the Plaintiffs' Motion for Attorney's Fees and Costs [Doc. 20] is GRANTED, and the Plaintiffs shall have and recover of the Defendant the sum of FIFTY-NINE THOUSAND, EIGHT HUNDRED AND ONE DOLLARS AND SEVENTY-ONE CENTS ($59,801.71) in attorney's fees and costs; prejudgment interest, as to the $8,846.96 reimbursement award only, for the period of March 16, 2006 through the date of entry of Judgment at the rate of eight percent (8%) per annum; and post-judgment interest on the entire award from the date of entry of Judgment until paid in full at the rate specified in 28 U.S.C. § 1961.
A Judgment consistent with this Memorandum of Decision and Order shall be entered simultaneously herewith.
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Steve deSouza | EVP of XFINITY & Dev.
Executive Vice President – NASCAR XFINITY/Development
Steve deSouza will enter the 2015 season with the newly appointed title of Executive Vice President of NASCAR XFINITY/Development for Joe Gibbs Racing.
Previously deSouza has served as Vice President of Nationwide Series Operations since joining the organization in 1998.
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Joe Gibbs has often remarked that while getting to the top in any sport is extremely difficult, remaining a champion is even harder. From 2007 – 2012 the XFINITYand Development Division teams won six straight Championships, while finishing a close second in 2013 and 2014, Building upon such a foundation of success is no easy feat, but deSouza is working hard to ensure JGR remains at the top of those divisions.
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In 1994, when his younger sister was in need of a kidney donor, deSouza's world changed. He didn't hesitate to donate one of his own kidneys, even at the expense of his career as a powerboat racer. Advised by doctors to leave the cockpit for good, deSouza moved forward at an equally aggressive and successful pace in the business arena.
A new opportunity arose when he accepted the challenge of developing a Nationwide Series race team for Bill Amick's son Lyndon, who was moving up from the NASCAR Dash Series. deSouza's first action was to pay a visit to his friends at JGR to learn as much about NASCAR as he could.
deSouza would join JGR a few years later following a stint at then Progressive Motorsports. JGR had taken over Bobby Labonte's Nationwide Series team and had made the decision to expand, tabbing deSouza with the task of growing the program. That didn't take long as deSouza's neighbor and friend, Gary Bechtel, called in hopes of speaking with him about managing his race team—Diamond Ridge Motorsports. With deSouza already committed to JGR, Bechtel instead asked for help to explore other options. Just a few weeks later JGR struck a deal to acquire Diamond Ridge Motorsports and became a multi-car team in the XFINITY Series.
deSouza lives in Concord, NC with his wife Missy, and has two grown children.


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Saturday, September 30 — Harmony prevailed until the last expiring moment of the first Republican state convention, which was adjourned sine die at 3 o'clock this morning after having completed the nomination of the state ticket... An interesting feature of this session was the nomination of Secundino Romero for secretary of state by acclamation... Mr. Romero reiterated his previous statement that he had desired no courtesies since the nomination for the governorship had been refused him...
Waterwise Garden Tour is Saturday
A Waterwise Garden Tour will be held on Saturday, Oct. 1. Come to 1327 Fourth St. between 10 a.m. and noon to see what can be done without using potable city water. With intensive mulching and other permaculture techniques, the owners kept not only drought-tolerant plants but an "edible landscape" alive.
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WASHINGTON — Health officials say as many as 16 people have died from possible listeria illnesses traced to Colorado cantaloupes, the deadliest food outbreak in more than a decade.
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ALBUQUERQUE — Al Unser Jr., a retired American race car driver and two-time Indianapolis 500 winner, has been arrested on drunk driving and reckless driving charges.
KRQE-TV reports that the 49-year-old was arrested Thursday morning in Albuquerque. Authorities say Unser was drag racing another car in his Suburban and was going over 100 miles per hour.
THUMBS DOWN! HOT AND DRY. As summer officially wound down last week (as of last Friday, we're in autumn), a National Weather Service meteorologist said we're on track for 2011 being the driest year ever in New Mexico. And one of the hottest, with only the summer of 1980 being worse in the temps category.
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A 54% Open Rate Using Just an Unusual Subject Line
Testing subject lines can make a tremendous difference in the overall success of your email marketing campaigns. Delivra's email marketing software offers the ability to test 3 subject lines at once in a matters of minutes.
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- "When you see…"
- "What happens when…"
Also, try to think outside the box. For example, our average open rate at Delivra hovers around 20-25%.
We had a 54% open rate recently when I used the following unusual subject line for a webinar invite.
'Webinar Reminder #17A47D1'
It had a preheader that read –
"Those alphanumerics don't mean anything, but your attendance does."
In an inbox full of sameness, simply being unique can make all the difference.
Another example, we had a 38% open rate when we sent a post webinar survey. The subject lines was –
"We know what you're thinking…"
It had a preheader that read –
"Actually we don't. Please fill out our content webinar survey."
These types of subject lines may or may not work at your company. The main thing is – test, test, test and test some more. Unless you do, you will never know how large of difference a unique subject line and preheader can make in your email marketing efforts.


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Disclosure of Material Connection: I received one or more of the products or services mentioned above for free in the hope that I would mention it on my blog. Regardless, I only recommend products or services I use personally and believe will be good for my readers. I am disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials in Advertising."
I love homemade gifts. Now, I am not saying I have to do the homemaking of it. Some things, I have found, I just do not have the skill set for! Take those beautiful wall vinyls. I think they are fabulous! I would not even know where to begin to make one, cut one, design one – forget it, I will go to a professional! Or what about personalized glasses – one of my favorite gifts to give my friends is a personalized wine glass and a bottle of wine. I have painted pretty much everyone one of my "classic" tulip designs (that is about my limit for painting!) – but I want to get them something more for their personality. Or maybe an entire set that matches. Vinyl can do that, too! Someone I have come to consider a dear friend, Emilee, has a wonderful Etsy Shop, Pea of Sweetness (also the namesake of her excellent homeschool focused blog), where she offers custom products. She makes vinyl wall designs, car window clings and yes, custom glasses. In addition to her vinyl designs, Emilee has a mommy/baby portion of her shop where she offers cloth diaper covers, fitted diapers, nursing covers and wrap baby carriers. I wish I had known Emilee and her shop when I first had my kiddos! Her designs are beautiful and her prices are SO reasonable! If you are looking for something specific, she will work with you on a custom design on any of her products – so shoot her an email: Emilee(dot)Roberts(at)peaofsweetness(dot)com. You can also check out her blog, Etsy Shop, Facebook, Twitter and Pinterest to see what's happening at Emilee's house!
In the next couple of weeks, I will be lucky enough to review some of her awesome products- I am so looking forward to it, as I am blown away by what Emilee does! Kids (all three of which are special needs – she keeps the energy high and lesson plans going!), Blog, Etsy Shop, Home, Husband – the list goes on and on! So check back for that update and in the meantime, get ready for the M.O.O.N. giveaway that will feature a gift certificate for Emilee's Etsy Shop!


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Posts from April 2011
Printed voter guides are a necessary service
While the DC Board of Elections and Ethics' efforts to cut costs in the April 26th election were logical, they may have been detrimental to those without Internet access or extensive knowledge of the long slate of candidates.
In an effort to cut costs for the low-turnout special election, DCBOEE decided to forgo their usual practice of mailing an election guide to registered voters. Instead, they mailed a postcard notifying voters of the upcoming election and published an online-only voter guide. DCBOEE should consider implementing an amended version of this process in the future in order to ensure that all registered voters have access to important election information.
We live in an increasingly digitally-connected world. However, not everyone has, or wants, access to the internet. According to a 2010 report by DC's Office of the Chief Technology Officer broadband adoption rates sit near 40% in Wards 5, 7, and 8 but soar to 90% elsewhere in the city.
In a normal election, information would have been available through traditional media sources such as the Washington Post and local television news. Unfortunately, the special election attracted little media attention, the best of which was available exclusively online.
It would have been fairly difficult for a voter to learn about the candidates unless they were targeted specifically. As ANC 7C04 Commissioner Sylvia Brown has pointed out, only a small number of voters received personal attention from the candidates.
A helpful anecdote can be pulled from my own election day experience. An elderly woman approached me after voting, dismayed that she had never heard of most of the candidates. She was relatively new to town, so the campaigns weren't targeting her. And since she didn't have Internet access, she was relying on traditional media sources for information. She would have benefitted greatly from a physical voter guide.
DCBOEE should consider a hybrid system that allows voters to opt out of receiving a physical voter guide in favor of an online one. The Pew Center on the States recently found that such a system could provide significant savings, while informing a large number of voters. This would provide access to a voter guide that was conveniently tailored to their needs.
Current voters could be informed of the option through social media and Internet outreach. Voters registering for the first time or submitting changes to their registration status could note their preference while filling out necessary forms.
An online voter guide was a good cost saving option for this special election. However, a hybrid process would create long-term savings and provide voters without Internet access necessary information. Until the Internet access is more equally available citywide, the practice of publishing physical voter guides should be maintained.
Weekend links: CaBi CaBi everywhere
Weekend video: Sesame Street local
Second Avenue Sagas shared this great Sesame Street clip from the 1970s. In it, all the famous puppets venture down into a very detailed model of the subway.
It's great that Sesame Street included a lesson to teach kids about riding transit. And while you can't buy tokens anymore, the ride is still "super wow".
I'm sure Kermit, clearly a transit rider since the 1970s, can't wait for the Purple Line. After all, it will stop right in front of the University of Maryland, his local address and creator Jim Henson's alma mater.
Just two days left to redesign the Metro map
The contest to design a new Metro map is almost over. Is your map done?
Since the end of the month falls in the middle of the weekend, we'll give you an extra day to finish the maps. They're due at 11:59:59 pm on Sunday night.
We'll be picking winners two ways. You'll all be able to vote for your favorite map (using IRV), and we're also putting together a jury of experts to review the maps.
Two-wheeling by the Flickr pool
Here are our favorite new images from the Greater and Lesser Washington Flickr pool, showcasing the best and worst of the Washington region.
Got a picture that depicts the best or worst of Washington? Make sure to join our Flickr pool and submit your own photos!
Preservation League revives Wonder Bread Factory
Last week, the DC Preservation League celebrated its 40th anniversary by throwing a lively party at the long-dormant Wonder Bread Factory at 641 S Street NW in Shaw.
The building is located half a block east of 7th Street and the Shaw-Howard University Metro station. It has long been a well-known structure in the neighborhood.
According to Streets of Washington, "the oldest section of the building was built in 1913 as an expansion to an existing bakery run by Peter M. Dorsch (1878-1959)."
Dorsch and his brothers worked at bakeries all across the city before opening the bakery that would eventually become the Wonder Bread Factory.
Douglas Development Corporation currently owns the property. A search of the city's property records show the property was purchased in October 1997. It is currently assessed by the city at $6,810,580.
According to the evening's program, the property "is currently being marketed for adaptive reuse." Numerous people I spoke with and a report last fall in City Paper indicated condos are coming, but there seems to be no immediate timeline.
The long-awaited development of the northeast corner of 7th and S Street is now finally underway with Progression Place, which plans offices, flats, and shops. Construction teams have been working steadily since December and have now nearly dug out and secured the foundation. When this project begins to take tenants it should increase the desire and ability to secure financing for the Wonder Bread Factory site for similar uses or for residential units with commercial on the first floor.
Memories of the Wonder Bread Factory
"When I would take the streetcar to Griffith Stadium as a child from my Northeast neighborhood, you knew you were getting close when you began to smell the bread and the bakeries. You could close your eyes and know when you were within three blocks," said Dr. Sandy Berk, distinguished by his white shirt and jacket adorned with the same small tri-color circles that mark a loaf of Wonder Bread.
"DC wasn't known as being an industrial city. This building is an example of one of the few early 20th century examples in the middle of a residential neighborhood," said Howard Berger, a former DCPL trustee and current architectural historian.
"This is a really great and strong structure. You don't see this type or cast iron work anymore," said Wilford Williams, a member of the large security team that protected the entrances of the factory and were asked by nearly everyone who passed by on the street what was going on inside. "When it closed it was a sad event. A lot of people depended on them. Wonder Bread has always been a number one seller. It beats Sunbeam and Giant brand. You know that Wonder Bread makes the best sandwich and their prices are reasonable," he said.
At a table Eric Wingerter, 6th and S Street NW, and Martin Moulton (the 39th citizen recently arrested by the Capitol Police), 5th and P Street NW, spoke about their memories years ago of being excited when a restaurant would open on 14th Street NW. They agreed the neighborhood continues to lack a variety of food options and would like to see a restaurant included in future development plans.
"It's great to be here and have it alive. For too many years this has been a landmark in the neighborhood for the wrong reasons," said Wingerter.
DCPL pulled it off
Founded in 1971 as "Don't Tear It Down," DCPL hosts its annual gala in a dormant city building, warehouse, theater or other site ever year. There was open discussion and anticipation by gala goers that next year's party will be thrown in Dupont Circle's underground trolley station which in recent years has drawn the attention of local artists.
Despite concerns that the building would not be ready in time for the party and a city inspector declaring the property "structurally unsafe" last month, more than three hundred DCPL supporters joined leaders of the city's development and preservationist communities to celebrate the former bakery. The building has been out of commission for the past 25 years, according to the league.
"It was pulled off with a lot of work by Douglas Development getting the space ready for the event. Four solid weeks of fixing a failed beam, holes in the flooring and water damage," said Rebecca Miller, DCPL's Executive Director.
One new DCPL member, who joined the organization after seeing a recent ad on Groupon, said, "I thought they might be handing out hard hats."
Anti-height frenzy dominates preservation meeting on Hine
A few Capitol Hill residents gave long and sometimes angry speeches yesterday against allowing mid-rise buildings at the Eastern Market Metro at a hearing before the Historic Preservation Review Board yesterday.
But the Historic Preservation Review Board avoided letting height hostility co-opt historic preservation, and instead adopted The Historic Preservation Review Board has still to decide many issues, while an excellent staff report focused on other issues with the project's design.
The project will create four separate buildings, some residential and some commercial, on the block between 7th and 8th Streets SE north of Pennsylvania Avenue, including a public piazza. It will also reconnect C Street across the site, which can be closed on weekends as 7th to add even more public space.
The buildings will range from 4 stories across the street from townhouses to 7 stories right on Pennsylvania Avenue. On some residential façades, ground-floor units will have separate entrances to resemble the townhouses nearby. On the commercial streets, the buildings will have ground-floor retail and possibly some retail on the floor immediately below ground as well.
Opponents of the Hine project focused on a key word in the historic preservation law: "compatible." Any project in a historic district must be compatible with the neighborhood. But what does "compatible" mean?
To many people, a project is only compatible if it's no larger than any other buildings. One resident, in fact, argued that no project in a historic district should be allowed to be more than a single story taller than any other building nearby. Since Eastern Market is 2 stories, that means he opposes anything more than 3.
But that's not what "compatible" really means. Already on Capitol Hill are some 2-story buildings across the street from 5-story buildings. There are some 6- and 7-story buildings. Another resident argued that those buildings aren't compatible either, and shouldn't be built if they were proposed today. That's not how the historic district rules work. Compatibility takes into account all the conributing buildings in a district, not just the shortest ones.
The man also argued said this would become the tallest building between the Library of Congress and around 11th Street, SE. That is based on the building's tallest point, which is only a small piece of the building, but even so: it'll be the tallest between the next Metro station to the west and the next Metro station to the east.
That's how an urban form ought to look. Buildings right on commercial corridors and at transit nodes should be the largest, with smaller buildings like townhouses in the spaces between.
Fortunately, the Historic Preservation Office agrees. In an excellent staff report by Amanda Molson and Steve Callcott, HPO argued that the height of a building is not the only criterion for compatibility, and that at this prominent corner, something taller may be just what belongs in the historic district:
The Board's design guidelines for new construction do not explicitly lay out an acceptable ratio of the height of new construction to surrounding buildings. Instead, the guidelines state: "Perhaps the best way to think about a compatible new building is that it should be a good neighbor, enhancing the character of the district and respecting the context." As has been shown in historic districts throughout the city, this can be done with taller new construction if careful attention is paid to the design, proportions, materials and other characteristics that collectively work to achieve compatibility. ...The staff report had plenty of specific quibbles with design elements. It suggests angling the top floor of the office building to provide visual interest and reduce a bit of the perceived massing. (One thing height opponents often don't realize is that small changes to a roofline can greatly affect how tall a building looks, without changing how tall it really is.) Likewise, they suggest shrinking some of the retail bays or adding projections.
The Pennsylvania Avenue office building will be the project's "beacon" as viewed from the avenue, attracting the attention of riders emerging from Metro and drivers on the avenue. It will also likely be the tallest building on Pennsylvania Avenue. However, being the tallest building doesn't necessarily mean that it will be incompatible with the historic district. This location facing the commercial corridors of Pennsylvania Avenue and 7th Street is certainly the most logical place to locate taller construction.
Historically, the Wallach School, while not as tall as the proposed office building, provided a similar punctuation on the avenue with one of Capitol Hill's most important civic buildings. Given the breadth of the wide avenue, the relative hierarchical importance of this building in the totality of project, and the site's frontage on a L'Enfant square and adjacency to a Metro station, additional height in this location is not inappropriate provided that the
building is otherwise designed to "enhance the character of the district and respect its context."
HPO staff also recommend rethinking the design of the northern residential building, which was designed as a "single pavilion" to evoke elements of Eastern Market. The staff feel that Eastern Market shouldn't get a "companion" and remain distinctive, and want to replace horizontal architectural elements with vertical ones, a common request HPO has also made elsewhere.
After much debate, the ANC came up with a resolution that also supports the overall density, though they do also ask to lower the heights of several buildings, creating two somewhat incompatible requests. Maintaining density while decreasing height might be possible if the developer can move some more retail and mechanical equipment to basement levels, though this is probably only feasible to a small degree.
The ANC made several other reasonable recommendations, including keeping the central courtyard open to the public instead of just to residents, and rethinking some of the architectural aesthetics that yielded negative reactions from residents.
There are plenty of architectural elements that could change for this project, and the design review that comes with historic preservation regulation as well as community involvement often makes buildings look much better than the initial proposals. Preservation the and ANCs are filling a valuable role when they focus on these elements.
If preservation instead gets hijacked by those who simply oppose new residents or don't want to look at any moderate-sized buildings, it not only starts to stretch beyond its mandate but risks politically alienating the majority of residents who think more neighbors and more stores to patronize would be lovely.
HPRB has deferred some of the decisions to next month. They should be very restrained in those to avoid cutting down on the overall ability of the project to bring in new residents and stores.
Update: The original version of this article suggested that the HPRB had fully adopted the staff report. Instead, they made comments in support of many elements but deferred other decisions. I've updated the post to reflect this.
Breakfast links: Some good changes
Replacing street parking with bike sharing is good policy
The Arlington County Republican Party recently chose to make a stink over the fact that as many as eight metered parking spaces have been replaced with Capital Bikeshare stations.
However, this is really a non-issue. Prior to this, 100% of street parking in Arlington was for cars; now it's maybe 98-99%. That is still remarkably unbalanced.
TBD interviewed me for a story about the issue:
The contention that replacing these parking spots with bikeshare parking costs the county money and is a bad idea is wrong in so many ways.
First, the only way it costs the county money is if every single spot within blocks is completely full. That's because someone seeking street parking (like the woman in the video) will likely find another spot and pay there, although it may be less conveniently located.
Second, these spaces will get utilized much more than a car parking spot. If even 2-3 people use the bikeshare station over a two-hour period, that's likely more people than would have used the metered spot it replaced anyway.
Third, it's good for business. As this recent economic article clarifies, the use of public space for bike parking is far more cost effective than for car parking.
Fourth, it actually can make it more convenient, even for car drivers. As I point out in the video, I parked my car near a CaBi station with plenty of adjacent street parking and then took the CaBi bike the 5-6 blocks to where I needed to meet my friend.
This was quicker and easier than trying to find a spot (whether or not any had been given to bikes) near the intersection of Moore and Wilson in Rosslyn. I would have almost certainly circled the block at least once and, if I had found a spot, it would have been not that close to where I was trying to go--forcing me to walk several blocks anyway. What I did was much faster and more convenient.
Thus, having plenty of Bikeshare stations sprinkled throughout a dense area can make it more convenient for drivers, because it greatly expands the area where they can find parking and still easily access their destination.
Occasional GGW contributor and Arlington resident Erik Bootsma wrote:
As a Republican (gasp!) and an Arlington resident, and I can tell you that using the CaBi is something I would use extensively. ... I can't tell you how frustrating the GOP here can be, with their 100% dashboard mentality. Freedom of choice also means freedom from HAVING to own a car, so having options is great.Arlington also removed a few parking spaces in Pentagon City to plant more trees, but the local GOP either didn't know about it or didn't object.
I have a car myself and like having it, but also like having the option to use transit, to have a bike and to walk. If the GOP here doesn't wake up to the reality of Arlington/Washington urban life they will remain at 20%.
They need to be more responsive to the real desires of their constituency and realize that if I wanted to live in a sea of asphalt and parking lots, and wanted to avoid walking at all costs, I'd live in Manassas, not in Arlington ... Just because I'm in favor of living in a city, doesn't mean I'm a central planning statist bent on taking away freedom.
Improving flexibility of travel options and making parking more equitable and convenient for everyone increases access and foot traffic to local businesses, and that's something any political party ought to support.
Public Spaces
What trees are on your street?
Casey Trees used data from DDOT's Urban Forestry Administration to create a great interactive map of street trees:
Blue dots show maple trees, red dots are oak, pink elm, green sycamore, and yellow dots show all other trees.
Erik noted this in a Breakfast Links recently, but it's interesting enough to show in more detail. It's fascinating to see how most streets have one or two types of trees. In many neighborhoods the oaks line more of the major streets and maples smaller ones, though in some places, like Georgetown, there are many trees but almost no oaks.
Clicking on a tree also shows its size. A future improvement to the map might be to show larger dots for larger trees, to help people visualize the overall tree cover.
- In defense of "political theater" for Metro
- 495 and 95 toll prices were very high on Tuesday. Here's why that happened.
- Should a "historic gas station" keep new housing units from going up in Dupont?
- A developer has agreed to build shorter and less dense than the law allows, but neighbors are still fighting it
- Federal employees: Please don�t quit your jobs under Trump
- Where is Falls Church, exactly?
- Is new housing, most of it for low-income residents, worth giving up an acre of park space?
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New GLM show fills out house and home week
October 20, 2003-- Home Textiles Today,
A new gourmet housewares show from GLM will launch next fall along with the New York Home Textiles Show, ExTracts, and Surtex Gallery —and the four shows will be presented collectively as the House to Home Market Week.
"There are seismic shifts in the housewares calendar created by the International Housewares Association's move to March and by the changing composition of Messe Frankfurt's August market," said Alan Steel, GLM's evp. "Following our decision to keep our Gourmet Products Show in San Francisco each May, we received a great deal of feedback from retailers and manufacturers that an additional show, on the East Coast in the fall, would fill a current void in the housewares industry calendar."
The first annual New York Gourmet Housewares Show is expected to feature some 400 exhibitors of cookware, kitchen gadgets, cutlery, small electrics, speciality appliances (non-electric or electric), tabletop and decorative accessories.
Next fall's House to Home Market Week will run Oct. 8 to 11.
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