-----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, Ea70rD5OLfmKykhjgQoSAZJMdt0I5R7m9ItSRP3vN1pPXDkdvFc6IIGTzykGZ79a IDmjhDuyFZuMwaofLIMYLQ== 0000950120-00-000120.txt : 20000517 0000950120-00-000120.hdr.sgml : 20000517 ACCESSION NUMBER: 0000950120-00-000120 CONFORMED SUBMISSION TYPE: DFAN14A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20000515 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DAIRY MART CONVENIENCE STORES INC CENTRAL INDEX KEY: 0000721675 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-CONVENIENCE STORES [5412] IRS NUMBER: 042497894 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: DFAN14A SEC ACT: SEC FILE NUMBER: 000-12497 FILM NUMBER: 636511 BUSINESS ADDRESS: STREET 1: 210 BROADWAY EAST CITY: CUYAHOGA FALLS STATE: OH ZIP: 44222 BUSINESS PHONE: 2037414444 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: COMMITTEE OF CONCERNED DAIRY MART SHAREHOLDERS CENTRAL INDEX KEY: 0001112085 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: DFAN14A BUSINESS ADDRESS: STREET 1: 360 BLOOMFIELD AVENUE, SUITE 208 CITY: WINDSOR STATE: CT ZIP: 06095 BUSINESS PHONE: 8606883667X11 MAIL ADDRESS: STREET 1: 360 BLOOMFIELD AVENUE STREET 2: SUITE 208 CITY: WINDSOR STATE: CT ZIP: 06095 DFAN14A 1 SOLICITING MATERIALS SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14 (a) of the Securities Exchange Act of 1934 Filed by the Registrant [ ] Filed by a Party other than the Registrant [X] 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 [ ] Definitive Additional Materials [x] Soliciting Material Pursuant to Rule 14a-11(c) or Rule 14a-12 Dairy Mart Convenience Stores, Inc. - -------------------------------------------------------------------------------- (Name of Registrant as Specified in Its Charter) Committee of Concerned Dairy Mart Shareholders - -------------------------------------------------------------------------------- (Name of Person(s) Filing Proxy Statement, if other than the Registrant Payment of Filing Fee (Check the appropriate box): [X] No fee required [ ] Fee computed on table below per Exchange Act Rules 14a-6(i) (4) 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 Rules 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: ----------------------------------------------------------- THE COMMITTEE OF CONCERNED DAIRY MART SHAREHOLDERS ----------------------- - ----------------------------------------------------------------------------- FOR IMMEDIATE RELEASE MAY 15, 2000 DAIRY MART MANAGEMENT NOW DESPERATE SAYS FORMER CEO LATEST PLAN TO SELL THE COMPANY SHOWS THAT CURRENT TEAM HAS LOST SUPPORT OF SHAREHOLDERS. (Windsor, CT) Responding to Dairy Mart's recent announcement that it will pursue the sale of the company, less than a week after it said that it would vigorously oppose such a plan, former company CEO Frank Colaccino referred to the announcement as "the last desperate act of a failed management team who will say anything to maintain their privileged position of power." "I've talked to many shareholders," said Colaccino, "and to me this an admission by current management that they have lost the support of shareholders. Less than a week ago, they said they would vigorously oppose the sale of the company - what changed?" "Shareholders must ask themselves - is a desperate management team with a history of rewarding themselves at the expense of shareholders capable of managing our one last opportunity to realize value from this investment," added Colaccino. In a letter dated May 15th (attached to this release), Colaccino renewed his call for shareholders to replace the current board of directors at a court-ordered meeting scheduled for May 25th. Colaccino heads the Committee of Concerned Dairy Mart Shareholders, who own more than five percent of the company and who announced a proxy contest on April 19th. The latest Dairy Mart action comes less than a week after Colaccino reminded the incumbent board that "they have a fiduciary duty to act in the best interests of the company and its stockholders" and that they "should take no action which would be outside of the ordinary course of business until after the proxy contest or which would otherwise jeopardize the interests of the stockholders." -- MORE -- 360 Bloomfield Avenue . Suite #208 . Windsor, CT 06095 . phone: 860-688-3667 . fax: 860-688-2343 "Shareholders can prevent current management from 'looting the palace at the end of their reign' by voting them out on May 25th before they can do any more damage to the value of Dairy Mart," said Colaccino. Contacts: Frank Colaccino Committee of Concerned Dairy Mart Shareholders (860) 688-3667 x-11 Gene Sheehan Sullivan & LeShane Public Relations, Inc. (860) 560-0001 ### Page 2 -----END PRIVACY-ENHANCED MESSAGE-----