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): December 16, 2004
FLEETWOOD ENTERPRISES, INC.
(Exact Name of Registrant as Specified in its Charter)
Delaware 1-07699 95-1948322
(State or other (Commission File (IRS Employer
jurisdiction of Number) Identification
incorporation) Number)
3125 Myers Street, Riverside, California 92503-5527
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (951) 351-3500
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
__ Written communications pursuant to Rule 425 under the Securities Act (17
CFR230.425)
__ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR240.14a-12)
__ Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR240.14d-2(b))
__ Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR240.13e-4(c))
Item 8.01. Other Events.
On December 16, 2004 Fleetwood Enterprises, Inc. issued a press release
relating to a verdict in a lawsuit between Fleetwood Folding Trailers, Inc.
and The Coleman Company, Inc. The press release is attached as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibits
(a) Inapplicable
(b) Inapplicable
(c) Exhibits
99.1 Press release of Fleetwood Enterprises, Inc. dated December 16,
2004.
SIGNATURE
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 thereunto duly authorized.
FLEETWOOD ENTERPRISES, INC.
(Registrant)
Date: December 17, 2004 By: /s/ Leonard J. McGill
----------------------------
Leonard J. McGill
Senior Vice President and
Chief Governance Officer
Exhibit 99.1
VERDICT RETURNED IN COLEMAN VS.
FLEETWOOD FOLDING TRAILERS CASE
Riverside, Calif., December 16, 2004 - Fleetwood Enterprises, Inc. (NYSE:
FLE), announced that the jury in the case between Fleetwood Folding Trailers,
Inc. and The Coleman Company, Inc., today awarded monetary damages for
Coleman in the amount of $5.2 million. The judge has the legal right to add
punitive damages. A hearing on that issue is not expected until early
January.
The original lawsuits included a claim by Fleetwood Enterprises, Inc. based
on a "negative covenant," contained in Fleetwood's 1989 purchase agreement
with Coleman. That claim was resolved in Fleetwood's favor last month, when
the judge granted Fleetwood's request for a permanent injunction against
Coleman prohibiting Coleman from licensing the Coleman name in the
recreational vehicle industry. Today's decision does not affect Fleetwood's
victory in that portion of the case.
"We are obviously disappointed with the jury's findings in this case, and we
will begin considering our post-trial remedies immediately, which may include
a motion for a new trial and an appeal," said Edward B. Caudill, President
and Chief Executive Officer. "Nonetheless, the principal issue in this case
in Fleetwood's estimation has always been that, if the Coleman name is going
to be licensed in the RV industry, it must be with Fleetwood, and so we
continue to be gratified with the judge's ruling in our favor on that issue."
About Fleetwood
Fleetwood Enterprises, Inc., is one of the nation's largest producers of
recreational vehicles, from motor homes to travel and folding trailers, and
is a leader in the building, retailing and financing of manufactured homes.
This Fortune 1000 company, headquartered in Riverside, Calif., is dedicated
to providing quality, innovative products that offer exceptional value to its
customers. Fleetwood operates facilities strategically located throughout the
nation, including recreational vehicle and manufactured housing plants,
retail home centers, and supply subsidiary plants. For more information,
visit the Company's website at www.fleetwood.com.
This press release contains certain forward-looking statements and
information based on the beliefs of Fleetwood's management as well as
assumptions made by, and information currently available to, Fleetwood's
management. Such statements reflect the current views of Fleetwood with
respect to future events and are subject to certain risks, uncertainties, and
assumptions, including risk factors identified in Fleetwood's 10-K and other
SEC filings. These risks and uncertainties include, without limitation, the
cyclical nature of both the manufactured housing and recreational vehicle
industries; ongoing weakness in the manufactured housing market; continued
acceptance of the Company's products; the potential impact on demand for
Fleetwood's products as a result of changes in consumer confidence levels;
the effect of global tensions on consumer confidence; expenses and
uncertainties associated with the introduction and manufacturing of new
products; the future availability of manufactured housing retail financing,
as well as housing and RV wholesale financing; exposure to interest rate and
market changes affecting certain of the Company's assets and liabilities;
availability and pricing of raw materials; changes in retail inventory levels
in the manufactured housing and recreational vehicle industries; competitive
pricing pressures; the ability to attract and retain quality dealers,
executive officers and other personnel; and the Company's ability to obtain
financing needed in order to execute its business strategies.
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