Form 8-K

-----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, IhedQDrz8aqaqoPbQE0xCq3eMTIso+HlkntYvak9H2Jdsho9+aBMeA7uXI9UWRag k3roHJP8UqPUXG0ne6iMXA== 0001193125-05-218411.txt : 20051107 0001193125-05-218411.hdr.sgml : 20051107 20051107173016 ACCESSION NUMBER: 0001193125-05-218411 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20051104 ITEM INFORMATION: Entry into a Material Definitive Agreement FILED AS OF DATE: 20051107 DATE AS OF CHANGE: 20051107 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SMART & FINAL INC/DE CENTRAL INDEX KEY: 0000875751 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-GROCERIES & RELATED PRODUCTS [5140] IRS NUMBER: 954079584 STATE OF INCORPORATION: DE FISCAL YEAR END: 0103 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-10811 FILM NUMBER: 051184305 BUSINESS ADDRESS: STREET 1: 600 CITADEL DRIVE CITY: CITY OF COMMERCE STATE: CA ZIP: 90040 BUSINESS PHONE: 3238697500 MAIL ADDRESS: STREET 1: 600 CITADEL DRIVE CITY: CITY OF COMMERCE STATE: CA ZIP: 90040 FORMER COMPANY: FORMER CONFORMED NAME: SFI CORP /CA DATE OF NAME CHANGE: 19600201 8-K 1 d8k.htm FORM 8-K Form 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington D.C. 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)

November 4, 2005

SMART & FINAL INC.

(Exact name of Registrant as specified in its charter)

Delaware

001-10811

95-4079584

(State of Incorporation)

(Commission File Number)

(I.R.S. Employer

Identification No.)

600 Citadel Drive

City of Commerce, California

90040

(Address of principal executive offices)

(Zip Code)

(323) 869-7500

(Registrant’s telephone number, including area code)

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 1.01.

Entry into a Material Definitive Agreement.

On September 14, 2005, the Company announced that it had reached an agreement in principle to settle a class action lawsuit involving wage and hour claims by its non-exempt employees in its California stores. The Company and the individual class member representatives in the Olivas vs. Smart & Final lawsuit have entered into a written settlement agreement as of November 1, 2005 resolving this matter. The court granted preliminary approval of the settlement on November 4, 2005 and set a date for a fairness hearing and final court approval of the settlement on February 16, 2006.

The Company recorded a pre-tax charge of $19.0 million in its 2005 third quarter to account for the class member compensation, attorney fees and administrative expenses of the settlement. Based on the terms of the settlement agreement, the company currently anticipates that cash distributions under the agreement will be made in its first fiscal quarter 2006.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly authorized this report to be signed on its behalf by the undersigned hereunto duly authorized.


	SMART & FINAL INC.

Date: November 7, 2005	By:	/s/ RICHARD N. PHEGLEY
		Richard N. Phegley
		Senior Vice President and
		Chief Financial Officer

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