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): October 7, 2004 DOBI MEDICAL INTERNATIONAL, INC. (Exact Name of Registrant as Specified in Charter) Delaware 0-32523 98-0222710 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) 1200 MacArthur Boulevard 07430 Mahwah, New Jersey (Zip Code) (Address of principal executive offices) Registrant's telephone number, including area code: (201) 760-6464 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: [ ] 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 DFR 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)) SECTION 5 - CORPORATE GOVERNANCE AND MANAGEMENT ITEM 5.02. DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF PRINCIPAL OFFICERS. (d) On October 12, 2004, Brian Vodicka was appointed to the board of directors of our company and will also serve as a member of the audit committee. Mr. Vodicka is a retired attorney and certified public accountant, and has been a private investor since 1997. From 1985 to 1997, Mr. Vodicka was a practicing attorney in Austin, Texas specializing in business-related matters, including business litigation, corporate planning, tax planning and regulatory affairs. Mr. Vodicka served on the faculty of the University of Texas at Austin in the College of Business from 1989 to 1994. Mr. Vodicka has not engaged in a related party transaction with us during the last two years. A copy of the press release announcing Mr. Vodicka's appointment to the board of directors of our company is included as Exhibit 99.1 to this report and is incorporated herein by reference. SECTION 9 - FINANCIAL STATEMENTS AND EXHIBITS ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS. (c) Exhibits. 99.1 Press release of DOBI Medical International, Inc. issued October 12, 2004. -2- 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. DOBI MEDICAL INTERNATIONAL, INC. Date: October 12, 2004 By: /s/ Phillip C. Thomas ------------------------------------------ Phillip C. Thomas Chief Executive Officer -3- EXHIBIT INDEX EXHIBIT NO. DESCRIPTION 99.1 Press release of DOBI Medical International, Inc. issued October 12, 2004.