Wednesday, October 31, 2012

Film Review: Seven Psychopaths | Filmophilia

In Seven Psychopaths, Martin (Colin Farrell) is struggling with his screenplay titled ?Seven Psychopaths?. So far, all he?s got is one psychopath. Martin has a friend named Billy (Sam Rockwell) who steals dogs for a living (though he sees himself as more of a dog-borrower) for a guy named Hans Kieslowski (Christopher Walken). One day Billy steals a shit-zu that just happens to belong to a psychopathic mafioso (Woody Harrelson) and somehow Martin gets drawn into the whole messy affair. Along the way he starts getting more ideas for his screenplay.

As ridiculous as that plot description sounds it?won?t?prepare for you for how wonderfully batshit insane this movie is, a better way might be to describe it as Adaptation by way of Quentin Tarantino. No matter how you describe this movie, one things for sure: It?s terrific.

Writer-director Martin McDonagh has been a respected playwright since the 90s but with his directorial debut In Bruges he proved that he also knows how to make a good movie. With Seven Psychopaths he?s avoided the dreaded ?sophomore slump? and made a movie that?s even better than his excellent debut film.

McDonagh has already proven that he has an ear for great dialogue and Seven Psychopath is seemingly stuffed with brilliant, often hilarious dialogue (example: ?You broke his nose!? ?I?didn?t?hit him in the nose, his nose just happened to be where I punched?). But the dialogue?isn?t?merely just clever and funny as McDonagh is playing with various things at once. First and foremost Seven Psychopaths is a very ?meta? and post-modern little crime-comedy (or whatever you want to call it) that plays with genre tropes and clich?s and gets philosophical about all kinds of things. The lead character is clearly based on McDonagh himself (being an Irish screenwriter named Martin) and most likely in some way based on his own experiences on trying to write. Is what we are seeing just what Martin is trying to write?

Christopher Walken along with cute dog in Seven Psychopaths

Even?Christopher?Walken can be cuddly.

The whole thing is a mess structurally speaking but that must be at least semi-intentional, reflecting the difficulty of writing a screenplay. The story has a feeling of being made up it as it goes along but that also means that the film constantly surprises you, freed from the constraints of convention and realism McDonagh seems to simply be doing whatever he damn well pleases and rarely goes about things the typical way.? This makes for a very pleasing viewing experience as it keeps the viewer constantly on his toes.

It?s hard to imagine a cooler cast for a movie. Walken, Waits and Rockwell are three of the coolest people on the planet and Harrelson and?Farrell?are well on their way to getting on that list as well. The standout here is clearly Sam Rockwell. No one is better than him at playing characters that are absolutely repulsive and yet you still fall in love with them. His character is borderline cartoonish at time but he manages to not just be cool, funny and likeable but also brings a bit of pathos and warmth to the character. Somebody give this guy an Oscar, pronto!

Woody Harrelson is also proving more and more how truly great of an actor he is, the goofy bartender from Cheers is long gone. Christopher Walken is his usual cool self but he?s a little more relaxed than usual, playing as sort of wise older guy who?s not all he seems.? Farrell himself may be the least showy here, even though he?s the lead character, and thus perhaps not as memorable as the others but he still does great things with his character. Then there?s Tom Waits whose role is actually quite small but still very memorable, not much of a stretch for Waits but he?s always the coolest of the cool. It?s also worth noting some very solid supporting performances from the likes of Zeljko Ivanek, Harry Dean Stanton, Michael Stuhlbarg and Gabourey Sidibe.

As for the women, they?don?t?get much to do even though two of them are on the poster. Basically, the mostly just serve as props, or plot devices. Abbie Cornish and Olga Kurylenko do what they can but there?s not much there. One female character is pretty much literally a plot device as she appears in one scene and her sole purpose it be killed so the plot can move forward. The movie points out that its female characters are secondary and flat by having a character read Martin?s screenplay and say it outright. Some might say McDonagh is just trying to get away with having female characters that are lacking but it can also be seen that he did this deliberately precisely to point out the problem with Hollywood. His female characters here are clearly secondary. At the very least it makes you think (Farrell says it reflects ?how hard it is for women?, he?s right in a way).

The filmmaking is not flashy here or calls much attention to itself, this is a movie very much about words and characters. Nonetheless it?s very impressive filmmaking. McDonagh fills the movie with gorgeous visuals and the movie looks lovely. He even manages to make a shot of a burnt corpse look somehow poetic. Carter Burwell?s music score also has a part in that.

But what is this movie really about? It throws many things at you and often just seems to be a big joke, or a series of big jokes. And that?s just fine as the movie is entertaining and funny as hell. But there?s definitely more. At the very least Seven Psychopaths can simply be seen as some sort of meditation on the nature of writing and creativity, what it means to tell a good story, and all the elements are simply examples of storytelling and how there?s really no limit to how wild you can go with your imagination. Or maybe it?s just a bunch of goofy wankery. Whatever it is, it works.

Final Verdict: A brilliant, hilarious, consistently clever and surprising crime-comedy with great performances from all the leads. Writer-Director Martin McDonagh avoids the sophomore slump and outdoes himself with a film that?s even better than his excellent debut film, In Bruges. Maybe a little too clever for its own good, and it?s not easy to tell what?s it?s exactly about, but it will be hard to find a more entertaining and funny movie this year.

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Source: http://www.filmophilia.com/2012/10/30/film-review-seven-psychopaths/

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Monday, October 29, 2012

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Saturday, October 27, 2012

Jury told of efforts to save kids in day care fire - KansasCity.com

By JUAN A. LOZANO

Associated Press

As a Houston home day care filled with choking smoke and flames last year, neighbors tried desperately to rush in and rescue the seven children who had been left alone and were trapped inside.

Day care owner Jessica Tata was screaming "the kids are burning" as neighbor John Chestnut got on his hands and knees and crawled into the home, Chestnut testified Friday at Tata's felony murder trial. Four of the children died in the blaze, while three others were seriously injured.Chestnut, 21, said he could hear the children as he went through a back door and crawled through the kitchen. "All I hear is screaming, babies crying. I couldn't tell where they were at all," Chestnut said. "I was calling out for them. It's all I could do."Ultimately, Chesnut was forced to turn back as smoke filled his mouth and he couldn't breathe.Prosecutors at Tata's trial used testimony from neighbors as well as emotional 911 calls in which children could be heard crying to detail for jurors the frantic efforts that were made in February 2011 to try to save the children, who ranged in age from 16 months to 3 years old.Investigators have said Tata, 24, left the children alone at her home while she went shopping at a nearby Target store when the fire broke out. Investigators say the blaze was sparked by oil in a frying pan on a stovetop burner that had been left on.Tata's attorneys argue she never intended to hurt the children and that she tried to save them. Tata is being tried on one of four felony murder counts she faces, related to the death of 16-month-old Elias Castillo. She faces up to life in prison if convicted.Chestnut told jurors that he and his friend, Geoffrey Deshano, 20, were at Deshano's house, across the street from the day care, when they saw Tata drive up. Tata went inside, then immediately came out screaming that the house was on fire, Chestnut said. He called 911 while Deshano went to the day care with Tata.Chestnut's 911 call was one of several made during the fireIn one from Tata that lasted several minutes, the distraught day care owner could be heard telling an operator, "Children are dying. ... I can't see anything. My kids are dying. ... They're all babies. Hurry, please hurry."At one point in the call, Tata yelled out, "Are you in there?" and a child's voice could be heard responding, "Yeah." Tata then told the child, "Crawl out the window. I can't see you." At other times during the call, children could be heard crying in the background.At the end of the call, Tata said, "Please help me. Oh my gosh, I don't know what to do."As her 911 call was played in the courtroom, Tata began loudly sobbing. Several of the children's family members also began crying.After Chesnut was forced out of the house, he went into the backyard with Tata. As he and Tata stood there, a boy ran out of the house. "He was really burnt and covered in soot," Chestnut said.A short time after that, a second boy ran out. He was not as badly injured, Chesnut said.Tata's attorneys earlier in the trial said Tata had pulled the two children from the home.Meanwhile, Deshano had gone to a window on the side of the house that Tata earlier had busted open. Deshano told jurors he could see a boy reaching out."I tried to pick him up under his arms but smoke got into my eyes and lungs. It was hard for me to breathe. ... I was almost about to pass out. I dropped him back down, back into the house," he said.Deshano was not able to rescue the boy. Chesnut said he and Deshano unsuccessfully tried to find a water hose to help extinguish the flames. Soon after, firefighters arrived and pulled the remaining children from the house.During a break in testimony, a relative of one of the children walked over to where Chesnut was sitting and thanked him for what he had tried to do.Earlier Friday, a former manager at the Target store where Tata went just before the fire testified that Tata did not seem to be frantic or in a hurry to leave after remembering while in the store that she had left the stove burner on.Besides the four felony murder counts, Tata was indicted on three counts of abandoning a child and two counts of reckless injury to a child. Testimony resumes Monday.

Follow Juan A. Lozano at http://www.twitter.com/juanlozano70

Source: http://www.kansascity.com/2012/10/26/3887083/jury-told-of-efforts-to-save-kids.html

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Friday, October 26, 2012

10 reasons why they shouldn't make a Mass Effect movie | Video ...

I can?t go a day without hearing some kind news about a video game franchise I?ve enjoy getting turned into a movie. A few years ago, Halo was all anyone was talking about, with Peter Jackson at the helm no less. Then rumours about a Bioshock movie were buzzing around my feet, until they realised how expensive filming underwater was going to be. More recently I?m hearing rumours about an Assassin?s Creed movie and Mass Effect being sized up for the silver screen

The latest stories have been chatting of who is going to have the unenviable job of writing the script. Not too long ago Mark Protosevich, know for working on Thor and I am Legend was apparently writing it, however, the latest rumours are buzzing around the head of relative unknown Morgan Davis Foehl. The most notable films attached to his name are Click and I Now Pronounce you Chuck and Larry. Working on Adam Sandler movies doesn?t really bring thoughts of a nuanced plot development with deep and layered characters.

Before I jump the gun though, he doesn?t have any writing credits on either of those films, so his chops in the pen and paper department are yet to be proven. I?ve also read that he?s a ?fan? of series, I?m not going to judge a script I know nothing about though, so let?s leave that for now. The thing is though, as good or as bad a writer they get for the script is irrelevant, in this day and age I think cinema and video games should remain very separate entities.

Mass Effect is a prime example of a game that really shouldn?t be made into a movie, and I?m going to give my 10 reasons I think they shouldn?t make a Mass Effect movie:

?10. Games are already cinematic enough

It?s no question that the majority of video game movies are bad, sure one or two of them might be entertaining romps, but I can?t think of one that I would classify as an outstanding piece of cinema. The problem is that as video games have evolved as a medium, they?ve taken so many pointers from cinema and television in the development of their stories that often making a movie version of a game will be nothing but a neutered version of what we?ve already seen within the game, chopped down to last around two hours.

Years back, there was a lot that could be interpreted from popular video games. They were so simplistic that writers could take a basic idea and just roll with that, making up everything else as they went along, the Super Mario Bros. movie would be the classic example. Super Mario Bros. was a premise, not a full narrative, unless of course, you make a movie about a guy running to the right and jumping on a few turtles for 90 minutes.

Around the era of the Playstation 1 though, storytelling in games became more dynamic and started to take on traits of movies in their cut scenes and plot development. Metal Gear Solid being the most iconic game of that era that really had the cinematic style and things has only become more cinematic from there.

?9. It will be indecisive about it?s target audience

This is something of problem that all video game movie share, they?re caught in a perpetual limbo between being something that is trying to be faithful to its source material, and something that is going to appeal to the masses that don?t know what Silent Hill or Prince of Persia is.

In the end, the backers are more interested in exploiting an established fan base for a quick pay day, and couldn?t give two craps whether the thing is faithful or not, which sadly is a very common problem amongst these types of films. While I?m sure screen writers do some very thorough research when writing scripts based on video games, chances are, they?ve never played the games themselves nor have the same feelings about it as the fans. Although, I could be wrong.

And even if they did get a writer in who knows the lore like the back of their hand, executives and censors will want the film to have mass appeal. With the movie based on a game, that would mean it?s for kids right? So any mature or violent themes that come from these adult themed games will be cut, giving us a neutered final product.

Seriously, there have been so many movies that could have been great in the past year, but have been ruined so that they can get a PG-13 rating. This is something that really gets on my nerves and leads to my next point.

?8. Hollywood has a lack of respect for video game movies

Despite the ridiculous amounts of money the video games industry makes, coupled with the fact that the most successful entertainment releases of the past few years have been Call of duty games, games with a Mature rating, video games are still seen as a kid?s pastime by a lot of the western media, including Hollywood.

In spite of the money it makes and the average gamers? age being in their 30s, I see talk shows featuring middle aged hosts attacking video games and the industry in a witch hunt like fashion. They make ill informed and ludicrous claims towards an industry they have no intention of trying to understand. ?Video games are for children, and no adult themes or situations should ever take place within them?, which is silly considering some of the best games to come out in the past few years have had 15 and 18 age labels on them here in the U.K.

The point I?m trying to make is that if they were to make a Mass Effect film, in all likelihood the movie would have a pg-13 on it. Any real drama, emotion or harsh realities displayed in the games will be omitted in favour of a family friendly sci-fi action film.

7. Inevitable changes to established characters

Returning to the prospect of the film itself, if there was one thing I could pick out from the Mass Effect series to try and define it, it would be its cast of characters and their development as the series went. Joker, Garrus, Liara, Tali, Kaiden and Ashley: They all go through a lot of character defining moments throughout the series, and the player is there for every moment of that.

Hence, these characters have become incredibly recognisable to the gaming and internet community at large. Many would (and have) argued that if Seth Green wasn?t cast as Jeff ?Joker? Moreau, then they?d refuse to see the movie at all. With so many memorable voices and faces ingrained in our minds after three games of constant interaction, to see any difference attached to these characters would be jarring.

Don?t get me wrong, I?m not expecting the cast of the movie to be the exact same cast of the game, that would be unreasonable, but seeing anyone but Martin Sheen sitting in that chair, staring at that sun while taking a drag of that cigarette just wouldn?t sit right with me. It would just take me out of the movie and I would always be comparing different versions of the characters, be it on a conscious level or not.

6. Whose stories do you tell?

This is something of continuation of the previous point. With so many characters in the series, all with their own complex back stories and character arcs; it?s easy to see how people spend hour upon hour on a single play through. Part of the enjoyment I got from playing these games was from interacting with these characters and finding out what made them tick. I can guarantee you, there will be nowhere near this level of development in a movie.

Even if they do decide to try and focus on one or two of the characters, it would either slow the movie to a snail?s pace. This won?t be a movie where characters fight inner demons, any character development will probably be rushed and heavy handed.

On top of that, not everyone will get to see their favourite characters in action, I?d almost put money on characters like Tali being relegated to the background of the movie despite her enthusiastic fan base.

A Mass Effect movie wouldn?t be an in depth character study, of course not, it would be a brainless action movie. In a movie based around the events of the first game, the three human crew members would most defiantly be the stars while all our favourite aliens would be relegated to cameo duty.

5. Male Shep or Fem Shep?

This might seem like an odd one, but it really is a genuine issue that some people will have with the film. Obviously, if this gets made Shepard will be a man, there is no question there, but for some of us, Commander Shepard is and always has been a woman.

Personally, I much prefer playing the female Shepard, I think Jennifer Hale?s voice acting is a notch above her male equivalent and her interactions with the other characters are just generally more entertaining.

The movie having a male Sheppard isn?t something I would hold against it in earnest, but the fact that a great number of people do play as femshep, coupled with the fact that it is a definable choice in the game is something that the movie just won?t be able to do anything to make up for.

4. It will define a universe not everyone agrees with

Again, this is a continuation of the previous point. Like picking Commander Shepard?s gender, the Mass Effect series is about defining your own galaxy and making your own choices as to the fate of everyone in the galaxy. Every person has a slightly different version of the Mass Effect universe as they play, whether they allow the Rachni queen to survive on Noveria, to if they decided to punch out Khalisah al-Jilani. Even the ending isn?t set in stone with four different endings, each of which has a few variables within that.

There is no defined course of events in the Mass Effect universe and the entire story is open to the player?s interpretation. The Galaxy and end up any number of very different places after the events of the game depending on what the player does.

If the movie is made, it will likely star a male Shepard, he?ll likely be of the solider class, he?ll most likely choose all of the paragon actions, he?ll be romantically involved with Ash and will most likely leave Kaiden to die on Virmire.

In a game with this many branches, any choice the movie makes will alienate an audience member that really wanted to see events turn out a certain way. It will take the fans out of the movie when they so badly wanted a renegade Shepard biotic charge some geth into oblivion. Bottom line is, you can?t please everyone, and with so many divergent possibilities, you?re guaranteed to disappoint everyone at least once.

3. It will be nit picked to death

Like any series with a rabid fan base, chances are the writers or the actors or the set designers are going to get some little detail wrong at some point. And when they do, you can bet that their names will be cursed to the sky by those amongst us that have played through the series till our fingers bled.

Not that it will ruin the movie itself, but with the internet becoming so jaded and rage filled, people are going to hate on it, and continue hating on it given any opportunity. Even the biggest and most anticipated films have the trolls and the complainers trying to kill the joy everyone else want to experience. Mass Effect, being a series with a massive fan base and pretty extensively established lore on top of the three games; it won?t be a stranger to these problems.

2. It will likely be a cartoon

This is a personal grievance above anything else. Films are becoming too reliant on CGI and post effects as they develop and get ever cheaper to produce, I can easily see a Mass Effect movie suffering the same fate. If conventions have taught me anything, it?s that it is perfectly possible for a fan make a real life Turian or Krogan costume that looks pretty damn good. Taking this into consideration, imagine what highly paid professionals could do.

An animatronic Wrex head would be a thing of real beauty, but the cost in realising it will make it extremely unlikely. While I can see the Asari and Quarians getting away with being real actors in costume and make up, the Turians, Krogan and Salarians will almost defiantly be computer generated, and at that point, I end up thinking I might as well just go play the game.

All I can think of when it comes to the visuals of a potential Mass Effect movie is a behind the scenes clip during the making of Revenge of the Sith. I distinctly remember seeing a scene shot on a huge green screen stage where the only real thing on there was a single actor and the vast majority of the rest was CG. I can only hope the film turns out more Galactica than Star Wars prequels.

1. They might make more?

So let?s assume they do make the Mass Effect movie, and let?s also assume that all my complains made in this list amount to nothing and the movie turns out to be absolutely god damn fantastic. Where do we go from there? Well the obvious thought in many people?s heads would be ?Holy crap, a good video game movie. Maybe they?ll make some more like this?.

And thus the flood gates open. With a proven VG movie released and sold, many, many more game movies will get the green light and be fast tracked into production, and you never know, there might be quite a few gems in there that made the whole thing worthwhile.

But, as well as these gems, there will be a lot of films rushed out that will turn out to be utter crap. The thing that pains me about this prospect is that these rushed and crappy films they could make might be the series that have had a lot of potential. They could then find themselves black listed for the foreseeable future. It happened with the Fantastic Four and Daredevil, I?d hate to see it happen with Bioshock or Metal Gear.

?

And those are ten reasons I don?t want there to be a Mass Effect movie. In spite of my moaning though, I?m not entirely a miserable old fart, there would be some up sides to this movie coming out, good or bad. And just to try and go out on a high, I?ll give you my top three best things to come out of a potential Mass Effect movie:

?

3. Some great props and costumes

I have seen some great props and costumes made around weapons and characters based on the series. Prop builders and cosplayers really have shown their passion for the series my making some amazing replicas of things from the games.

Getting to see some expertly made firearms and armours from the games realised in real life and being used on the big screen will be very nice to see.

2. The terror of the Reapers

The thing that made the Reapers such effective villains was the inevitability of them. They were so big and so numerous that when they eventually land in Mass Effect 3, I wondered how the hell Shepard was supposed to beat an enemy that just seemed like a force of nature more than anything else.

And that?s how they are portrayed throughout the entire series, as an irresistible force that you can?t fight no matter what. I remember the feeling of dread upon seeing them at the very end of Mass Effect 2 and the effect they had on me as I connected to the universe the games created for me.

Seeing the Reapers in any shape or form on the big screen will be a treat and if the writer who eventually does finish a script knows anything about the games, he?ll make them the defining moment of the whole thing.

1. It gives makes video game movies a more genuine prospect

This is basically me contradicting my final point in my other list, but if a Mass Effect movie were to come out and be anything above Dragonball levels of awful, then it would start to pave the way for video game movies with some genuine passion behind them, rather than being a product of the money making machine.

I suppose my closing thoughts on the matter would be how you want to look at it, and whether you?re an optimist or a pessimist. If you think a few bad movies being made is worth a few gems and the eventual embrace of the two entertainment mediums, then more power to you. But personally, I would seat video games and movies at opposite ends of the classroom and make special effort that they grow up without ever so much as a brush of elbows until one eventually keels over and dies.


Article from Gamersyndrome.com

Related posts:

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Source: http://gamersyndrome.com/2012/video-games/10-reasons-why-they-shouldnt-make-mass-effect-movie/

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1. Alexis Ohanian

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A Look Back at Last Year's Mashable Media Summit

Media Summit 2011

The Mashable Media Summit on Nov. 4 at the Times Center in New York City attracted professionals in digital, tech, advertising, sales, marketing, mobile and publishing from all over the world.

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Sponsorship Opportunities

A limited number of sponsor opportunities are available for the Mashable Media Summit. This is an excellent opportunity to get in front of Mashable?s passionate and influential audience. Contact sponsorships@mashable.com for opportunities.

This story originally published on Mashable here.

Source: http://news.yahoo.com/only-one-week-left-score-media-summit-tickets-164834851.html

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For unemployment, there's stupid, then there's willful ? Business ...

Employees are typically ineligible for unemployment benefits if they were fired for creating a hostile work environment. That usually amounts to willful misconduct, which disqualifies them from collecting unemployment.

But not every crude or stupid action is serious enough to bar benefits, as this case shows.

Recent case: Neil managed 600 warehouse employees. When someone, despite clear instructions, tried to use a battery in a way that could have caused serious injury, Neil posted a sign instructing employees to leave the batteries alone. The sign was addressed ?To the moron? who had made the mistake.

Neil was fired for willful misconduct and was denied unemployment benefits. He appealed?and won. The court concluded that the use of ?moron? in this context wasn?t willful misconduct. (Brown v. Unemployment Compensation Board of Review, No. 1618 C.D. 2011, Commonwealth Court, 2012)

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"ER" Alum Ming-Na joins Joss Whedon's "S.H.I.E.L.D." pilot for ABC

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O'Reilly Automotive, Inc. Reports Third Quarter 2012 Results ...

  • Record high third quarter operating margin of 16.4%
  • 20% increase in third quarter diluted earnings per share to $1.32
  • Third quarter comparable store sales increase of 1.3%

SPRINGFIELD, Mo., Oct. 24, 2012 (GLOBE NEWSWIRE) -- O'Reilly Automotive, Inc. (the "Company" or "O'Reilly") (Nasdaq:ORLY), a leading retailer in the automotive aftermarket industry, today announced record revenues and earnings for its third quarter ended September 30, 2012.

3rd Quarter Financial Results

Sales for the third quarter ended September 30, 2012, increased $66 million, or 4%, to $1.60 billion from $1.54 billion for the same period one year ago. Gross profit for the third quarter increased to $805 million (or 50.3% of sales) from $754 million (or 49.1% of sales) for the same period one year ago, representing an increase of 7%. Selling, general and administrative expenses ("SG&A") for the third quarter, increased to $542 million (or 33.9% of sales) from $513 million (or 33.4% of sales) for the same period one year ago, representing an increase of 6%. Operating income for the third quarter, increased to $263 million (or 16.4% of sales) from $241 million (or 15.7% of sales) for the same period one year ago, representing an increase of 9%.

Net income for the third quarter ended September 30, 2012, increased $11 million, or 7%, to $159 million (or 9.9% of sales) from $148 million (or 9.7% of sales) for the same period one year ago. Diluted earnings per common share for the third quarter increased 20% to $1.32 on 121 million shares versus $1.10 for the same period one year ago on 135 million shares.

"We are pleased to report solid third quarter earnings, highlighted by a record high third quarter operating margin of 16.4%.?Our diluted earnings per share increased 20% to $1.32, representing our 15th consecutive quarter of adjusted diluted earnings per share growth greater than 15%.?I would like to take this opportunity to thank all of our Team Members for their hard work and their continued commitment to providing the highest levels of service in our industry," commented Greg Henslee, O'Reilly's CEO and Co-President.?"During the third quarter, we continued to see our results impacted by mild weather at the start of the year and a challenging macro-environment, resulting in 1.3% comparable store sales growth, which was near the low end of our expectations for the quarter.?However, we remain very confident in the long term outlook for our industry, and we will continue to focus on the fundamentals of providing industry leading parts availability and excellent customer service to both our professional and DIY customers, every day."

Year-to-Date Financial Results

Sales for the first nine months of 2012 increased $296 million, or 7%, to $4.69 billion from $4.40 billion for the same period one year ago.?Gross profit for the first nine months of 2012 increased to $2.35 billion (or 50.0% of sales) from $2.14 billion (or 48.7% of sales) for the same period one year ago, representing an increase of 10%.?SG&A for the first nine months of 2012 increased to $1.59 billion (or 33.9% of sales) from $1.48 billion (or 33.7% of sales) for the same period one year ago, representing an increase of 7%.?Operating income for the first nine months of 2012 increased to $754 million (or 16.1% of sales) from $660 million (or 15.0% of sales) for the same period one year ago, representing an increase of 14%.

Net income for the first nine months of 2012 increased $68 million, or 18%, to $453 million (or 9.6% of sales) from $385 million (or 8.7% of sales) for the same period one year ago.?Diluted earnings per common share for the first nine months of 2012 increased 30% to $3.60 on 126 million shares versus $2.76 for the same period one year ago on 139 million shares.

As previously announced, the Company's results for the first nine months of 2011 included one-time charges associated with the financing transactions the Company completed in January of 2011.?The one-time charges included a non-cash charge to write off the balance of debt issuance costs related to the Company's previous credit facility in the amount of $22 million ($13 million, net of tax) and a charge related to the termination of the Company's interest rate swap agreements in the amount of $4 million ($3 million, net of tax).?The charges related to the Company's financing transactions were included in "Other income (expense)" on the Company's Condensed Consolidated Statements of Income for the nine months ended September 30, 2011.?The results discussed in the paragraph below are adjusted for these nonrecurring items for the first nine months of 2011, and are reconciled in the table accompanying this release.?

Adjusted net income for the first nine months of 2012 increased $52 million, or 13%, to $453 million (or 9.6% of sales) from $401 million (or 9.1% of sales) for the same period one year ago.?Adjusted diluted earnings per common share for the first nine months of 2012 increased 25% to $3.60 from $2.88 for the same period one year ago.

Mr. Henslee stated, "We continue to see improved participation from our vendors in our financing programs, resulting in the increase in our accounts-payable-to-inventory ratio to 84.4%.?With strong operating results, along with the improvements in our working capital, we have generated $816 million in free cash for the first nine months of 2012, representing a 37% improvement over the same period last year.?We have used this free cash to directly return value to our shareholders by repurchasing over $1 billion of our shares year to date."

Mr. Henslee continued, "Our year-to-date comparable store sales increased 3.7%, on top of a 4.9% increase in the prior year, and we have seen an improvement in our comparable store sales trends during the first several weeks of October over the results we saw in the third quarter, reinforcing our confidence in the long term outlook for our industry.?While we remain cautious about these improving trends, we expect our fourth quarter comparable store sales to increase in the range of two to four percent."

"During the third quarter, we opened 37 net, new stores covering 20 states.?Our year-to-date store expansion of 156 net, new stores brings our total store count to 3,896, which is only 24 stores shy of our 2012 full-year guidance," commented Ted Wise, O'Reilly's COO and Co-President.?"We plan to open 190 net, new stores in 2013?surpassing the 4,000 store mark during the year.?In order to support our growth in the southeast, we are pleased to announce plans for our 24th distribution center in Lakeland, Florida, which is scheduled to open in the first quarter of 2014.?This additional distribution center will support our existing store base in Florida and will allow us to expand throughout the entire state.?I would like to thank each of our nearly 53,000 Team Members for their dedication to the O'Reilly Team, your hard work is the reason for our past success and will be the catalyst for the continued profitable growth of O'Reilly Auto Parts."

Share Repurchase Program

As previously announced, on August 10, 2012, the Company's Board of Directors approved a resolution to increase the authorization under the Company's share repurchase program by an additional $500 million, raising the cumulative authorization under the share repurchase program to $2.5 billion.?During the third quarter ended September 30, 2012, the Company repurchased 6.4 million shares of its common stock at an average price per share of $84.76 for a total investment of $539 million.?During the first nine months of 2012, the Company repurchased 12.6 million shares of its common stock at an average price per share of $89.62 for a total investment of $1.13 billion.?Subsequent to the end of the third quarter and through the date of this release, the Company repurchased an additional 1.5 million shares of its common stock at an average price per share of $83.49 for a total investment of $128 million.?The Company has repurchased a total of 30.1 million shares of its common stock under its share repurchase program since the inception of the program in January of 2011 through the date of this release, at an average price of $74.45, for a total investment of $2.24 billion.?As of the date of this release, the Company had approximately $263 million remaining under its share repurchase program.

3rd Quarter and Year-to-Date Comparable Store Sales Results

Comparable store sales are calculated based on the change in sales for stores open at least one year and exclude sales of specialty machinery, sales to independent parts stores and sales to Team Members.?Comparable store sales increased 1.3% for the third quarter ended September 30, 2012, versus 4.8% for the same period one year ago.?Comparable store sales increased 3.7% for the first nine months of 2012, versus 4.9% for the same period one year ago.

4th Quarter and Updated Full-Year 2012 Guidance

The table below outlines the Company's guidance for selected fourth quarter and updated full-year 2012 financial data:

? For the Three Months Ending
December 31, 2012
For the Year Ending?
December 31, 2012
Comparable store sales 2% to 4% 3% to 4%
Total revenue ? $6.15 billion to $6.20 billion
Gross profit margin ? 49.8% to 50.0%
Operating margin ? 15.5% to 15.8%
Diluted earnings per share (1) $1.03 to $1.07 $4.64 to $4.68
Capital expenditures ? $300 million to $320 million
Free cash flow (2) ? $800 million to $830 million
(1) Weighted-average shares outstanding, assuming dilution, used in the denominator of this calculation, includes share repurchases made by the Company through the date of this release.
(2) Calculated as net cash flows provided by operating activities less capital expenditures for the period.

Non-GAAP Information

This release contains certain financial information not derived in accordance with United States generally accepted accounting principles ("GAAP").?These items include adjusted net income, adjusted diluted earnings per common share, free cash flow, and rent-adjusted debt to adjusted earnings before interest, taxes, depreciation, amortization, share-based compensation and rent ("EBITDAR").?The Company does not, nor does it suggest investors should, consider such non-GAAP financial measures in isolation from, or as a substitute for, GAAP financial information.?The Company believes that the presentation of financial results and estimates excluding the impact of the former CSK Auto Corporation ("CSK") officer clawback, the non-cash charge to write off the balance of debt issuance costs, the charge related to the termination of interest rate swap agreements, the nonrecurring, non-operating gain related to the settlement of a note receivable acquired in the acquisition of CSK, as well as the presentation of adjusted debt to adjusted EBITDAR and free cash flow, provide meaningful supplemental information to both management and investors that is indicative of the Company's core operations.?The Company excludes these items in judging its performance and believes this non-GAAP information is useful to investors as well.?The Company has included a reconciliation of this additional information to the most comparable GAAP measure in the tables accompanying this release.

Earnings Conference Call Information

The Company will host a conference call on Thursday, October 25, 2012, at 10:00 a.m. central time to discuss its results as well as future expectations.?Investors may listen to the conference call live on the Company's website at www.oreillyauto.com by clicking on "Investor Relations" and then "News Room".?Interested analysts are invited to join the call.?The dial-in number for the call is (706) 679-5789; the conference call identification number is 32483014.?A replay of the call will be available on the Company's website following the conference call.

About O'Reilly Automotive, Inc.

O'Reilly Automotive, Inc. is one of the largest specialty retailers of automotive aftermarket parts, tools, supplies, equipment and accessories in the United States, serving both the do-it-yourself and professional service provider markets.?Founded in 1957 by the O'Reilly family, the Company operated 3,896 stores in 39 states as of September 30, 2012.

The O'Reilly Automotive, Inc. logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=5430

Forward-Looking Statements

The Company claims the protection of the safe-harbor for forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.?You can identify these statements by forward-looking words such as "expect," "believe," "anticipate," "should," "plan," "intend," "estimate," "project," "will" or similar words.?In addition, statements contained within this press release that are not historical facts are forward-looking statements, such as statements discussing among other things, expected growth, store development, integration and expansion strategy, business strategies, future revenues and future performance.?These forward-looking statements are based on estimates, projections, beliefs and assumptions and are not guarantees of future events and results.?Such statements are subject to risks, uncertainties and assumptions, including, but not limited to, competition, product demand, the market for auto parts, the economy in general, inflation, consumer debt levels, governmental regulations, the Company's increased debt levels, credit ratings on the Company's public debt, the Company's ability to hire and retain qualified employees, risks associated with the performance of acquired businesses such as CSK, weather, terrorist activities, war and the threat of war.?Actual results may materially differ from anticipated results described or implied in these forward-looking statements.?Please refer to the "Risk Factors" section of the annual report on Form 10-K for the year ended December 31, 2011, for additional factors that could materially affect the Company's financial performance.?The Company undertakes no obligation to publicly update any forward-looking statements, whether as a result of new information, future events or otherwise.

O'REILLY AUTOMOTIVE, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS
(In thousands, except share data)
? ? ? ?
? ? ? ?
? September 30, 2012 September 30, 2011 December 31, 2011
? (Unaudited) (Unaudited) (Note)
Assets ? ? ?
Current assets: ? ? ?
Cash and cash equivalents? ?$?422,705 ?$?276,717 ?$?361,552
Accounts receivable, net 152,532 136,520 135,149
Amounts receivable from vendors 70,214 65,035 68,604
Inventory 2,207,454 2,009,407 1,985,748
Deferred income taxes ?-- 20,823 ?--
Other current assets 29,945 28,012 56,557
Total current assets 2,882,850 2,536,514 2,607,610
? ? ? ?
Property and equipment, at cost 3,190,321 2,951,367 3,026,996
Less: accumulated depreciation and amortization 1,016,237 893,492 933,229
Net property and equipment 2,174,084 2,057,875 2,093,767
? ? ? ?
Notes receivable, less current portion 6,390 11,961 10,889
Goodwill 744,153 743,943 743,907
Other assets, net 41,879 46,490 44,328
Total assets ?$?5,849,356 ?$?5,396,783 $ 5,500,501
? ? ? ?
Liabilities and shareholders' equity ? ? ?
Current liabilities: ? ? ?
Accounts payable ?$?1,863,353 ?$?1,190,842 ?$?1,279,294
Self-insurance reserves 56,050 52,895 53,155
Accrued payroll 56,570 49,948 52,465
Accrued benefits and withholdings 41,846 39,544 41,512
Deferred income taxes 1,279 ?-- 1,990
Income taxes payable 11,702 12,126 ?--
Other current liabilities 164,256 159,888 150,932
Current portion of long-term debt 353 804 662
Total current liabilities 2,195,409 1,506,047 1,580,010
? ? ? ?
Long-term debt, less current portion 1,095,672 796,962 796,912
Deferred income taxes 107,987 76,919 88,864
Other liabilities 191,765 186,307 189,864
? ? ? ?
Shareholders' equity: ? ? ?
Common stock, $0.01 par value: ? ? ?
Authorized shares ? 245,000,000 ? ? ?
Issued and outstanding shares ?? ? ? ?
116,056,105 as of September 30, 2012; 128,449,476 as of September 30, 2011; and 127,179,792 as of December 31, 2011 1,161 1,284 1,272
Additional paid-in capital 1,088,802 1,098,017 1,110,105
Retained earnings 1,168,560 1,731,247 1,733,474
Total shareholders' equity 2,258,523 2,830,548 2,844,851
? ? ? ?
Total liabilities and shareholders' equity ?$?5,849,356 ?$?5,396,783 ?$?5,500,501
? ? ? ?
Note:?The balance sheet at December 31, 2011, has been derived from the audited consolidated financial statements at that date, but does not include all of the information and footnotes required by accounting principles generally accepted in the United Sates for complete financial statements.
?
O'REILLY AUTOMOTIVE, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF INCOME
(Unaudited)
?(In thousands, except per share data)
? ? ? ? ?
? ? ? ? ?
? For the Three Months Ended
September 30,
For the Nine Months Ended
September 30,
? 2012 2011 2012 2011
Sales ?$?1,601,558 ?$?1,535,453 ?$?4,693,799 ?$?4,397,509
Cost of goods sold, including warehouse and distribution expenses 796,065 781,243 2,346,765 2,254,857
Gross profit 805,493 754,210 2,347,034 2,142,652
? ? ? ? ?
Selling, general and administrative expenses 542,175 513,160 1,592,612 1,482,797
Operating income 263,318 241,050 754,422 659,855
? ? ? ? ?
Other income (expense): ? ? ? ?
Interest expense (10,451) (7,212) (28,722) (18,706)
Interest income 565 516 1,850 1,620
Write-off of asset-based revolving credit facility debt issuance costs ?-- ?-- ?-- (21,626)
Termination of interest rate swap agreements ?-- ?-- ?-- (4,237)
Other, net 550 675 1,294 1,279
Total other expense (9,336) (6,021) (25,578) (41,670)
? ? ? ? ?
Income before income taxes 253,982 235,029 728,844 618,185
? ? ? ? ?
Provision for income taxes 94,650 86,590 275,900 233,500
Net income ?$?159,332 ?$?148,439 ?$?452,944 ?$?384,685
? ? ? ? ?
Earnings per share-basic: ? ? ? ?
Earnings per share ?$?1.34 ?$?1.12 ?$?3.67 ?$?2.81
Weighted-average common shares outstanding ? basic 118,546 132,777 123,448 136,895
? ? ? ? ?
Earnings per share-assuming dilution: ? ? ? ?
Earnings per share ?$?1.32 ?$?1.10 ?$?3.60 ?$?2.76
Weighted-average common shares outstanding ? assuming dilution 120,539 135,033 125,670 139,183
?
O'REILLY AUTOMOTIVE, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(Unaudited)
?(In thousands)
? ? ?
? For the Nine Months Ended
September 30,
? 2012 2011
? ? (Note)
Operating activities: ? ?
Net income ?$?452,944 ?$?384,685
?Adjustments to reconcile net income to net cash provided by operating activities: ? ?
?Depreciation and amortization of property, equipment and intangibles 132,496 122,741
?Amortization of debt discount and issuance costs 1,295 1,372
?Write-off of asset-based revolving credit facility debt issuance costs ?-- 21,626
?Excess tax benefit from stock options exercised (30,138) (14,705)
?Deferred income taxes 18,412 19,362
?Share-based compensation programs 16,576 15,885
?Other 5,402 7,064
?Changes in operating assets and liabilities: ? ?
?Accounts receivable (22,748) (22,117)
?Inventory (221,706) 14,082
?Accounts payable 584,089 295,151
?Income taxes payable 68,622 22,004
?Other 27,882 (27,001)
?Net cash provided by operating activities 1,033,126 840,149
? ? ?
Investing activities: ? ?
Purchases of property and equipment (217,341) (243,311)
Proceeds from sale of property and equipment 2,600 750
Payments received on notes receivable 3,115 4,363
Other ?-- 226
?Net cash used in investing activities (211,626) (237,972)
? ? ?
Financing activities: ? ?
Proceeds from borrowings on asset-based revolving credit facility ?-- 42,400
Payments on asset-based revolving credit facility ?-- (398,400)
Proceeds from the issuance of long-term debt 298,881 795,963
Payment of debt issuance costs (2,229) (9,942)
Principal payments on debt and capital leases (742) (1,148)
Repurchases of common stock (1,133,518) (840,256)
Excess tax benefit from stock options exercised 30,138 14,705
Net proceeds from issuance of common stock 47,123 41,497
?Net cash used in financing activities (760,347) (355,181)
? ? ?
Net increase in cash and cash equivalents 61,153 246,996
Cash and cash equivalents at beginning of period 361,552 29,721
Cash and cash equivalents at end of period ?$?422,705 ?$?276,717
? ? ?
Supplemental disclosures of cash flow information: ? ?
Income taxes paid $ 187,750 ?$?185,164
Interest paid, net of capitalized interest 35,960 14,065
? ? ?
Note:?Certain prior period amounts have been reclassified to conform to current period presentation.
?
?
O'REILLY AUTOMOTIVE, INC. AND SUBSIDIARIES
SELECTED FINANCIAL INFORMATION
?(Unaudited)
? ? ?
? For the Twelve Months Ended
September 30,
(In thousands, except adjusted debt to adjusted EBITDAR ratio) 2012 2011
GAAP debt ?$?1,096,025 ?$?797,766
Add:?Letters of credit 57,578 68,081
Discount on senior notes 4,490 3,785
Rent times six 1,429,842 1,374,726
Non-GAAP adjusted debt ?$?2,587,935 ?$?2,244,358
? ? ?
GAAP net income ?$?575,932 ?$?490,445
Former CSK officer clawback, net of tax (1,741) ?--
Write-off of asset-based revolving credit facility debt issuance costs, net of tax ?-- 13,458
Termination of interest rate swap agreements, net of tax ?-- 2,637
Gain on settlement of note receivable, net of tax ?-- (7,215)
Non-GAAP adjusted net income 574,191 499,325
Add:?Interest expense 38,181 26,198
Taxes, net of impact of former CSK officer clawback, debt issuance costs write-off, swap agreements termination and gain on settlement of note receivable 349,443 302,344
Adjusted EBIT 961,815 827,867
? ? ?
Add:?Depreciation and amortization 175,635 163,452
Rent expense 238,307 229,121
Share-based compensation expense 21,270 17,395
Adjusted EBITDAR $ 1,397,027 $ 1,237,835
? ? ?
Adjusted debt to adjusted EBITDAR? 1.85 1.81
? ? ?
? ? ?
? September 30,
? 2012 2011
Selected Balance Sheet Ratios: ? ?
Inventory turnover?(1) 1.5 1.5
Inventory turnover, net of payables (2) 6.0 3.0
Average inventory per store (in thousands) (3) ?$?567 ?$?542
Accounts payable to inventory (4) 84.4% 59.3%
Debt-to-capital (5) 32.7% 22.0%
Return on equity (6) 21.7% 16.1%
Return on assets (7) 10.1% 9.5%
? ? ?
? For the Three Months Ended
September 30,
For the Nine Months Ended
September 30,
? 2012 2011 2012 2011
Selected Financial Information (in thousands): ? ? ? ?
Capital expenditures ?$?66,014 ?$?92,662 ?$?217,341 ?$?243,311
Free cash flow (8) ?$?275,654 ?$?186,019 ?$?815,785 ?$?596,838
Depreciation and amortization? ?$?44,266 ?$?42,627 ?$?132,496 ?$?122,741
Interest expense ?$?10,451 ?$?7,212 ?$?28,722 ?$?18,706
Lease and rental expense ?$?60,640 ?$?57,841 ?$?179,564 ?$?172,154
? ? ? ? ? ? ?
Store and Team Member Information: ? ? ? ? ? ?
? For the Three Months
Ended
September 30,
For the Nine Months
Ended
September 30,
For the Twelve Months
Ended
September 30,
? 2012 2011 2012 2011 2012 2011
Beginning store count 3,859 3,657 3,740 3,570 3,707 3,536
New stores opened 38 50 161 149 195 184
Stores closed (1) ?-- (5) (12) (6) (13)
Ending store count 3,896 3,707 3,896 3,707 3,896 3,707
? ? ? ? ? ? ?
? For the Three Months Ended
September 30,
For the Twelve Months Ended
September 30,
? ?
? 2012 2011 2012 2011 ? ?
Total employment 52,834 49,254 ? ? ? ?
Square footage (in thousands)? 27,751 26,293 ? ? ? ?
Sales per weighted-average square foot (9) ?$?57.55 ?$?58.21 ?$?230.35 ?$?219.11 ? ?
Sales per weighted-average store (in thousands) (10) ?$?409 ?$?413 ?$?1,636 ?$?1,554 ? ?
? ? ? ? ? ? ?
? ? ? ? ? ? ?
(1) Calculated as cost of goods sold for the last 12 months divided by average inventory.?Average inventory is calculated as the average of inventory for the trailing four quarters used in determining the denominator.
(2) Calculated as cost of goods sold for the last 12 months divided by average net inventory.?Average net inventory is calculated as the average of inventory less accounts payable for the trailing four quarters used in determining the denominator.
(3) Calculated as inventory divided by store count at end of the reported period.
(4) Calculated as accounts payable divided by inventory.
(5) Calculated as the sum of long-term debt and current portion of long-term debt, divided by the sum of long-term debt, current portion of long-term debt and total shareholders' equity.
(6) Calculated as the last 12 months adjusted net income, adjusted to exclude the impact of the previously disclosed benefit related to the former CSK officer clawback in the amount of $3 million ($2 million, net of tax), charges to write off the balance of debt issuance costs related to the Company's previous credit facility in the amount of $22 million ($13 million, net of tax), termination of the Company's interest rate swap agreements in the amount of $4 million ($3 million, net of tax) and nonrecurring, non-operating gain related to the settlement of a CSK note receivable in the amount of $12 million ($7 million, net of tax), divided by average total shareholders' equity.?Average total shareholders' equity is calculated as the average of total shareholders' equity for the trailing four quarters used in determining the denominator.
(7) Calculated as the last 12 months adjusted net income, adjusted for the items discussed in footnote (6), divided by average total assets.?Average total assets are calculated as the average total assets for the trailing four quarters used in determining the denominator.
(8) Calculated as net cash provided by operating activities less capital expenditures for the period.
(9) Calculated as sales less jobber sales, divided by weighted-average square foot.?Weighted-average sales per square foot are weighted to consider the approximate dates of store openings or expansions.
(10) Calculated as sales less jobber sales, divided by weighted-average stores.?Weighted-average sales per store are weighted to consider the approximate dates of store openings or expansions.
Source: http://globenewswire.com/news-release/2012/10/24/499615/10009631/en/O-Reilly-Automotive-Inc-Reports-Third-Quarter-2012-Results.html

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O'REILLY AUTOMOTIVE, INC. AND SUBSIDIARIES
RECONCILIATION OF GAAP TO NON-GAAP FINANCIAL INFORMATION
(Unaudited)
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? For the Nine Months Ended?
September 30,?