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): November 2, 2004 THE MAJESTIC STAR CASINO, LLC THE MAJESTIC STAR CASINO CAPITAL CORP. (Exact Name of Registrant as Specified in Charter) Indiana 333-06489 43-1664986 Indiana 35-2100872 (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) 301 Freemont Street, 12th Floor Las Vegas, Nevada 89101 (Address of Principal Executive Offices) Registrant's telephone number, including area code: (702) 388-2224 Not Applicable (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: [ ] 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 2.02. RESULTS OF OPERATIONS AND FINANCIAL CONDITION. On November 2, 2004, the Registrant issued a press release setting forth its financial results for the third quarter ended September 30, 2004. This press release is being furnished pursuant to Item 2.02 of Form 8-K. The full text of the press release is filed as Exhibit 99 to this Form 8-K and is incorporated herein by reference. The press release is also available on the Registrant's website which is www.majesticstar.com. ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS. (c) Exhibits Exhibit No. Description 99 Press Release, dated November 2, 2004 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. November 2, 2004 THE MAJESTIC STAR CASINO, LLC By: /s/ Jon. S. Bennett ---------------------------------- Jon S. Bennett, Vice President and Chief Financial Officer THE MAJESTIC STAR CASINO CAPITAL CORP. By: /s/ Jon. S. Bennett ---------------------------------- Jon S. Bennett, Vice President and Chief Financial Officer EXHIBIT INDEX Exhibit No. Description 99 Press Release, dated November 2, 2004