-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, UNtm9DC9V0yJV1XYiVtrJAz4IhBaZ6Rcr6r+ya6csd2g6GyavpaS5+//5juoXk9s F6ooV7BhcUja8QNR9JgktA== 0000904454-08-000144.txt : 20080324 0000904454-08-000144.hdr.sgml : 20080324 20080324121427 ACCESSION NUMBER: 0000904454-08-000144 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20080324 DATE AS OF CHANGE: 20080324 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: HI TECH PHARMACAL CO INC CENTRAL INDEX KEY: 0000887497 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 112638720 STATE OF INCORPORATION: NY FISCAL YEAR END: 0430 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-43074 FILM NUMBER: 08706341 BUSINESS ADDRESS: STREET 1: 369 BAYVIEW AVENUE CITY: AMITYVILLE STATE: NY ZIP: 11701 BUSINESS PHONE: 5167898228 MAIL ADDRESS: STREET 1: 369 BAYVIEW AVE. CITY: AMITYVILLE STATE: NY ZIP: 11701 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Costa Brava Partnership III LP CENTRAL INDEX KEY: 0001319959 IRS NUMBER: 043387028 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 420 BOYLSTON STREET CITY: BOSTON STATE: MA ZIP: 02116 BUSINESS PHONE: 617-595-4400 MAIL ADDRESS: STREET 1: 420 BOYLSTON STREET CITY: BOSTON STATE: MA ZIP: 02116 SC 13G 1 s13g_032408-hitechpharm.htm SCHED 13G FOR HI-TECH PHARMA BY COSTA BRAVA PTNRSHP III

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

SCHEDULE 13G

 

Under the Securities Exchange Act of 1934

 

 

Hi-Tech Pharmacal Co., Inc.

(Name of Issuer)

 

Common Stock, $0.01 Par Value

(Title of Class of Securities)

 

42840B101

(CUSIP Number)

 

March 12, 2008

(Date of Event Which Requires Filing of this Statement)

 

 

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

 

 

o

Rule 13d-1(b)

 

x

Rule 13d-1(c)

 

o

Rule 13d-1(d)

*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 

 

CUSIP No.:

42840B101

13G

Page 2 of 8 Pages

 

1)

Name of Reporting Person

I.R.S. Identification

No. of Above Person

(Entities Only)

Costa Brava Partnership III L.P.

 

 

04-3387028

2)

Check the Appropriate Box

if a Member of a Group

(a) [ ]

(b) [ ]

3)

SEC Use Only

 

4)

Citizenship or Place

of Organization

A Delaware limited partnership

Number of

Shares Beneficially

Owned by Each

Reporting Person

With

5)

Sole Voting
Power

709,620

6)

Shared Voting
Power

 

-0-

7)

Sole Dispositive
Power

709,620

8)

Shared Dispositive Power

 

-0-

9)

Aggregate Amount Beneficially Owned by Each Reporting Person

709,620

10)

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares

 

 

[ ]

11)

Percent of Class Represented by Amount in Row (9)

6.3%%

12)

Type of Reporting Person

PN

 

 

CUSIP No.: 42840B101        13GPage 3 of 8 Pages

 

1)

Name of Reporting Person

I.R.S. Identification

No. of Above Person

(Entities Only)

Roark, Rearden & Hamot, LLC

2)

Check the Appropriate Box

if a Member of a Group

(a) [ ]

(b) [ ]

3)

SEC Use Only

 

4)

Citizenship or Place

of Organization

A Delaware limited liability company

Number of

Shares Beneficially

Owned by Each

Reporting Person

With

5)

Sole Voting
Power

709,620

6)

Shared Voting
Power

 

-0-

7)

Sole Dispositive
Power

709,620

8)

Shared Dispositive Power

 

-0-

9)

Aggregate Amount Beneficially Owned by Each Reporting Person

709,620

10)

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares

 

 

[ ]

11)

Percent of Class Represented by Amount in Row (9)

6.3%

12)

Type of Reporting Person

OO - Other

 

 

CUSIP No.: 42840B101        13GPage 4 of 8 Pages

 

1)

Name of Reporting Person

I.R.S. Identification

No. of Above Person

(Entities Only)

Seth W. Hamot

2)

Check the Appropriate Box

if a Member of a Group

(a) [ ]

(b) [ ]

3)

SEC Use Only

 

4)

Citizenship or Place

of Organization

A United States citizen

Number of

Shares Beneficially

Owned by Each

Reporting Person

With

5)

Sole Voting
Power

709,620

6)

Shared Voting
Power

 

-0-

7)

Sole Dispositive
Power

709,620

8)

Shared Dispositive Power

 

-0-

9)

Aggregate Amount Beneficially Owned by Each Reporting Person

709,620

10)

Check Box if the Aggregate Amount in Row (9) Excludes Certain Shares

 

 

[ ]

11)

Percent of Class Represented by Amount in Row (9)

6.3%

12)

Type of Reporting Person

IN, HC

 

 

CUSIP No.: 42840B101                                                       13GPage 5 of 8 Pages

 

Schedule 13G

 

Item 1.

 

 

(a)

Name of Issuer:

 

Hi-Tech Pharmacal Co., Inc.

 

 

(b)

Address of Issuer's Principal Executive Offices:

 

369 Bayview Avenue

Amityville, NY 11701

 

Item 2.

 

 

(a)

Name of Person Filing:

 

Seth W. Hamot is the president of Roark, Rearden & Hamot, LLC, which is the general partner of Costa Brava Partnership III L.P. Each of the parties listed in the immediately preceding sentence is referred to individually as a “Reporting Person” and collectively as the “Reporting Persons.” All of the securities reported herein as owned by the Reporting Persons are held by Costa Brava Partnership III L.P.

 

 

(b)

Address of Principal Business Office or, if None, Residence:

 

The principal business address of each of the Reporting Persons is 420 Boylston Street, Boston, MA 02116.

 

 

(c)

Citizenship:

 

Seth W. Hamot is a United States citizen. Costa Brava Partnership III L.P. is a Delaware limited partnership. Roark, Rearden & Hamot, LLC is a Delaware limited liability company.

 

 

(d)

Title of Class of Securities:

 

Common Stock, $0.01 par value

 

 

(e)

CUSIP Number:

 

42840B101

 

CUSIP No.: 42840B101                                                       13GPage 6 of 8 Pages

 

Item 3.   If this statement is filed pursuant to §§240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a:

 

Not Applicable.

 

Item 4.

Ownership.

 

(a) through (c):

 

The information requested hereunder is set forth in Items 5 through 9 and 11 of the cover pages to this Schedule 13G.

 

Item 5.

Ownership of Five Percent or Less of a Class.

 

 

Not Applicable.

 

Item 6.

Ownership of More than Five Percent on Behalf of Another Person.

 

Not Applicable.

 

Item 7.   Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company or Control Person.

 

Not applicable.

 

Item 8.

Identification and Classification of Members of the Group.

 

Not applicable.

 

Item 9.

Notice of Dissolution of Group.

 

Not applicable.

 

Item 10. Certification.

 

By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

 

The Reporting Persons have agreed that this Schedule may be filed by Seth W. Hamot on behalf of all of them jointly pursuant to Rule 13d-1(k)(1). A copy of such agreement is attached as Exhibit 1 to this Schedule.

 

 

CUSIP No.:

42840B101

13G

Page 7 of 8 Pages

 

 

SIGNATURE

 

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

 

 

 

March 21, 2008

 

Date

 

/s/ Seth W. Hamot

 

Signature

 

Seth W. Hamot

 

Name/Title

 

 

CUSIP No.:

42840B101

13G

Page 8 of 8 Pages

 

 

Exhibit 1

 

AGREEMENT REGARDING

THE JOINT FILING OF SCHEDULE 13G

 

The undersigned hereby agree as follows:

 

(i) Each of them is individually eligible to use the Schedule 13G to which this Exhibit is attached, and such Schedule 13G is filed on behalf of each of them; and

 

(ii) Each of them is responsible for the timely filing of such Schedule 13G and any amendments thereto, and for the completeness and accuracy of the information concerning such person contained therein; but none of them is responsible for the completeness or accuracy of the information concerning the other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.

 

Dated:

March 21, 2008

 

 

COSTA BRAVA PARTNERSHIP III L.P.

 

By:

Roark, Rearden & Hamot, LLC, its
General Partner

 

By:

/s/ Seth W. Hamot

 

 

Name: Seth W. Hamot

Title:    President

 

SETH W. HAMOT

 

By:

/s/ Seth W. Hamot

 

 

Seth W. Hamot

 

ROARK, REARDEN & HAMOT, LLC

 

By:

/s/ Seth W. Hamot

 

 

Name: Seth W. Hamot

Title:    President

 

 

 

 

 

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