-----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, BE5b/uX/wTHjkKJ9xcK10vNToUaAAEG+5gKDpk/lLQ8Z/vwpxPi6pcOPc6Zd9Uls myx0bkW3PSCi5iY+h+k1bg== 0001157523-07-005990.txt : 20070608 0001157523-07-005990.hdr.sgml : 20070608 20070608172735 ACCESSION NUMBER: 0001157523-07-005990 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070606 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070608 DATE AS OF CHANGE: 20070608 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SUPERVALU INC CENTRAL INDEX KEY: 0000095521 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-GROCERIES & RELATED PRODUCTS [5140] IRS NUMBER: 410617000 STATE OF INCORPORATION: DE FISCAL YEAR END: 0225 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-05418 FILM NUMBER: 07910746 BUSINESS ADDRESS: STREET 1: 11840 VALLEY VIEW RD CITY: EDEN PRAIRIE STATE: MN ZIP: 55344 BUSINESS PHONE: 9528284000 MAIL ADDRESS: STREET 1: 11840 VALLEY VIEW ROAD CITY: EDEN PRAIRIE STATE: MN ZIP: 55344 FORMER COMPANY: FORMER CONFORMED NAME: SUPER VALU STORES INC DATE OF NAME CHANGE: 19920703 8-K 1 a5422400.txt SUPERVALU INC. 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): June 6, 2007 SUPERVALU INC. -------------- (Exact name of registrant as specified in its charter) Delaware 1-5418 41-0617000 (State or other (Commission (IRS Employer - -------------------------------------------------------------------------------- jurisdiction File Number) Identification No.) of incorporation) 11840 Valley View Road Eden Prairie, Minnesota 55344 - -------------------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (952) 828-4000 -------------- - -------------------------------------------------------------------------------- (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 June 6, 2007, in Jonathan Johnson v. SUPERVALU INC. and Richfoods, Inc., a jury in the Circuit Court for the City of Richmond (Civil Case No.: L5784-4) found for Mr. Johnson, a former owner of a 5-store retail chain in Richmond, Virginia that closed in 2004. In the action against SUPERVALU INC. (the "Company"), Mr. Johnson claimed that the Company did not support his supermarket stores. The jury awarded $500,000 for intentional infliction of emotional distress and $15.5 million for negligent misrepresentation. Previously, the Company prevailed in an arbitration action against Mr. Johnson's company, Market Place Holdings ("MPH"), and obtained a $3.7 million judgment against MPH for unpaid notes and accounts receivable. The Company believes that Mr. Johnson's claims lack merit from both a factual and a legal standpoint. The Company intends to file post-trial motions for a new trial. If these motions are denied, the Company will seek an appeal with the Supreme Court of Virginia. The Company does not believe that the outcome of this litigation will be material to its results of operations or financial condition. The Company's press statement discussing the verdict is furnished as Exhibit 99.1 to this Current Report on Form 8-K. The information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 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 or the Securities Exchange Act of 1934, regardless of any general incorporation language in such filing. Item 9.01. Financial Statements and Exhibits. - --------------------------------------------- (d). Exhibits. Exhibit Description of Exhibits ------- ----------------------- 99.1 Press Statement released by SUPERVALU INC. dated June 6, 2007, relating to the Verdict in the Johnson v. SUPERVALU Trial 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. SUPERVALU INC. ------------------------------- (Registrant) Date: June 8, 2007 By: /s/ Burt M. Fealing ----------------------------------- Burt M. Fealing Vice President, Corporate Secretary and Chief Securities Counsel (Authorized Officer of Registrant) EX-99.1 2 a5422400ex99-1.txt EXHIBIT 99.1 Exhibit 99.1 SUPERVALU Responds to Verdict in Johnson v. SUPERVALU Trial MINNEAPOLIS, JUNE 6, 2007 - SUPERVALU released the following statement on behalf of counsel this afternoon: "SUPERVALU is disappointed in this verdict, and we believe the outcome of the trial is contrary to the law and the facts that were presented in this case. We intend to file a motion for a new trial, and if necessary pursue an appeal. As we have maintained all along, SUPERVALU believes its success is linked directly to the success of the retailers it serves. SUPERVALU is a company built on integrity, and it has a long history of standing by its retail customers, including Mr. Johnson. The company made significant efforts to help Mr. Johnson grow his business, and we believe the facts presented at trial supported that position." ### Contacts: Rebekah Fawcett 952 828 4668 rebekah.l.fawcett@supervalu.com - ------------------------------- -----END PRIVACY-ENHANCED MESSAGE-----