DEFA14A 1 h82940d1defa14a.txt LUBY'S, INC. 1 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 14A (RULE 14a-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION PROXY STATEMENT PURSUANT TO SECTION 14(a) OF THE SECURITIES EXCHANGE ACT OF 1934 (AMENDMENT NO. ) Filed by the Registrant [X] Filed by a Party other than the Registrant [ ] Check the appropriate box: [ ] Preliminary Proxy Statement [ ] Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) [ ] Definitive Proxy Statement [X] Definitive Additional Materials [ ] Soliciting Material Pursuant to Rule 14a-12
LUBY'S, INC. -------------------------------------------------------------------------------- (Name of Registrant as Specified In Its Charter) -------------------------------------------------------------------------------- (Name of Person(s) Filing Proxy Statement, if other than the Registrant) Payment of Filing Fee (Check the appropriate box): [ ] No fee required. [ ] Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11. (1) Title of each class of securities to which transaction applies: ----------------------------------------------------------------------- (2) Aggregate number of securities to which transaction applies: ----------------------------------------------------------------------- (3) Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which the filing fee is calculated and state how it was determined): ----------------------------------------------------------------------- (4) Proposed maximum aggregate value of transaction: ----------------------------------------------------------------------- (5) Total fee paid: ----------------------------------------------------------------------- [ ] Fee paid previously with preliminary materials. [ ] Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. (1) Amount Previously Paid: ----------------------------------------------------------------------- (2) Form, Schedule or Registration Statement No.: ----------------------------------------------------------------------- (3) Filing Party: ----------------------------------------------------------------------- (4) Date Filed: ----------------------------------------------------------------------- 2 January 9, 2001 Mr. Les Greenberg The Committee of Concerned Luby's Shareholders P.O. Box 6983 Tyler, Texas 75711 Mr. Greenberg: I was offended by your most recent letter to our shareholders. You have no basis to imply to our shareholders that our annual meeting will not be fairly run. Let me set the record straight with you. First, the transfer agent - not Luby's management - has always counted the votes. In light of the election contest, this year we have taken the additional step of engaging IVS Associates, Inc. (Independent Voting Services), the premier independent voting service, to collect and tabulate the votes. Second, this year's annual meeting will be run substantially like all prior years. As has always been our practice, shareholders will be given an opportunity to speak. Since there is an election contest we will provide equal time for a representative of the Committee to speak in support of the nominees and proposals it supports and for the company to speak in support of its nominees and in opposition to the proposals the Committee supports. Your letter's implication that we are not willing to listen to our shareholders is contrary to your Committee's own experience. We met with and listened to members of the Committee on a number of occasions even though they had harmed our efforts to revitalize Luby's by publicly criticizing its food and operations. In fact, we offered to meet on a regular basis so that we could have direct input from the Committee but our offer was refused. The Board considered carefully the nominees supported by the Committee and concluded, in part because the Committee's nominees have no experience in the restaurant industry or in public company management, that Luby's shareholders would be better served by electing the experienced nominees of the Board. We are confident that when our shareholders review the nominees' abilities carefully, they will reach the same conclusion. In the interest of all Luby's shareholders, I ask that you to refrain from any additional unfounded accusations and rhetoric. Sincerely, /s/ David B. Daviss David B. Daviss Chairman of the Board