UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of
report (Date of earliest event reported): April 27, 2009
ZUMIEZ INC. |
(Exact Name of Registrant as Specified in Its Charter) |
Washington |
000-51300 |
91-1040022 |
(State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
6300 Merrill Creek Parkway, Suite B, Everett, Washington |
98203 |
(Address of Principal Executive Offices) | (Zip Code) |
(425) 551-1500 |
(Registrant’s Telephone Number, Including Area Code) |
Not Applicable |
(Former Name or Former Address, if Changed Since Last Report) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
⃞ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
⃞ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
⃞ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
⃞ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 7.01. Regulation FD Disclosure.
On April 27, 2009, Zumiez Inc. issued a press release announcing the dismissal of litigation involving Zumiez. A copy of the press release is attached hereto as Exhibit 99.1 and the contents of the press release are incorporated herein by this reference.
In accordance with General Instruction B.2. of Form 8-K, the information contained in this current report on Form 8-K and in the attached press release shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act except as shall be expressly set forth by specific reference in such a filing. This current report will not be deemed a determination or an admission as to the materiality of any information in the report that is required to be disclosed solely by Regulation FD.
Item
9.01. Financial Statements and Exhibits.
(d) | Exhibits | ||
99.1. | Press release of Zumiez Inc., dated April 27, 2009. |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
ZUMIEZ INC. |
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(Registrant) |
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|
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Date: | April 27, 2009 |
By: |
/s/ Richard M. Brooks |
|
Richard M. Brooks |
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Chief Executive Officer |
EXHIBIT INDEX
Number |
Description |
99.1 | Press release of Zumiez Inc., dated April 27, 2009. |
Exhibit 99.1
Zumiez Inc. Announces Dismissal of Litigation
EVERETT, Wash.--(BUSINESS WIRE)--April 27, 2009--Zumiez Inc. (NASDAQ: ZUMZ), a leading specialty retailer of action sports related apparel, footwear, equipment and accessories, today announced that shareholder litigation involving Zumiez and its officers and directors has been dismissed.
On March 30, 2009, the United States District Court for the Western District of Washington dismissed a securities class action brought against Zumiez and three of its officers and directors. The action was purportedly commenced on behalf of all individuals who purchased Zumiez stock from March 14, 2007 to January 4, 2008, and alleged that Zumiez and certain individuals made materially false or misleading statements during the proposed class period and engaged in insider trading. The defendants moved to dismiss all claims in October 2008. The Court issued its ruling on March 30, 2009 without oral argument, dismissing the case with prejudice. Following this ruling, a related shareholder derivative action, which was filed in the Superior Court for the State of Washington, Snohomish County, was voluntarily dismissed. Zumiez and its officers and directors were represented in the cases by Wilson Sonsini Goodrich & Rosati, PC.
Rick Brooks, Chief Executive Officer of Zumiez, stated: “We are pleased to have these lawsuits behind us, and agree with the district court’s decision to dismiss the securities case at the earliest possible stage, which was based on its finding that the claims in that case were ‘flawed on every level.’”
About Zumiez Inc.
Zumiez is a leading specialty retailer of action sports related apparel, footwear, equipment and accessories. Our stores cater to young men and women between ages 12-24, focusing on skateboarding, surfing, snowboarding, motocross and BMX. As of April 4, 2009 we operate 350 stores, which are primarily located in shopping malls, and our web site address is www.zumiez.com.
CONTACT:
Zumiez Inc.
Trevor Lang, 425-551-1500 ext 1564
Chief
Financial Officer
or
Integrated Corporate Relations
Chad
Jacobs/Brendon Frey, 203-682-8200