UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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):April 5, 2006
MATRIXX INITIATIVES, INC.
(Exact Name of Registrant as Specified in Its Charter)
DELAWARE
(State or Other Jurisdiction of Incorporation)
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| 001-31404 | | 87-0482806 |
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| (Commission File Number) | | (IRS Employer Identification No.) |
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| 4742 N. 24th Street, Suite 455 Phoenix, Arizona | | 85016 |
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| (Address of Principal Executive Offices) | | (Zip Code) |
(602) 385-8888
(Registrant’s Telephone Number, Including Area Code)
NONE
(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 (seeGeneral Instruction A.2. below):
| o | | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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| o | | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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| o | | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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| o | | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
TABLE OF CONTENTS
Item 8.01 Other Events
Securities Litigation Appeal
As previously reported in the Annual Report on Form 10-K of Matrixx Initiatives, Inc. (the “Company”) for the year ended December 31, 2005, on March 8, 2006, the Company received notice from the United States District Court for the District of Arizona of the Court’s dismissal without prejudice of the consolidated securities litigation against the Company, Sircusano, et al. vs. Matrixx Initiatives, Inc., et al. (Case No. CV04-0886 PHX DKD). The dismissal order, dated December 15, 2005, was based on a motion for dismissal previously filed by the defendants named in the litigation.
On April 5, 2006, the Company received written notice that, on April 3, 2006, counsel for the plaintiffs in such case had filed notice of their intent to appeal such dismissal to the United States Ninth Circuit Court of Appeals.
SIGNATURES
Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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| | MATRIXX INITIATIVES, INC.
(Registrant)
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| | /s/ William J. Hemelt | |
| | William J. Hemelt | |
| | Executive Vice President, Chief
Financial Officer and Treasurer | |
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Date: April 11, 2006
