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): November 18, 2004
(November 16, 2004)
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ABERCROMBIE & FITCH CO.
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(Exact name of registrant as specified in its charter)
Delaware 1-12107 31-1469076
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
6301 Fitch Path, New Albany, Ohio 43054
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(Address of principal executive offices) (Zip Code)
(614) 283-6500
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(Registrant's telephone number, including area code)
Not Applicable
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(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))
Section 8 - Other Events
Item 8.01. Other Events
On November 16, 2004, Abercrombie & Fitch Co. (the "Registrant")
issued a news release (the "Release") announcing that it is implementing a
series of programs and initiatives that are designed to achieve greater
diversity throughout its stores.
As announced on November 9, 2004, the initiatives were agreed to as
part of a consent decree, resolving all matters relating to three consolidated
diversity lawsuits filed in the United States District Court for the Northern
District of California: the previously reported lawsuit captioned Eduardo
Gonzalez, et al. v. Abercrombie & Fitch Stores, Inc., et al.; a related Equal
Employment Opportunity Commission lawsuit filed on November 8, 2004; and a
lawsuit captioned Elizabeth West, et al. v. Abercrombie & Fitch Stores, Inc., et
al. filed on November 8, 2004. The execution of the consent decree on November
8, 2004 as well as the monetary terms thereof were reported in the Current
Report on Form 8-K of the Registrant filed on November 9, 2004. Judge Susan
Illston of the United States District Court for the Northern District of
California signed the preliminary approval order on November 16, 2004. In the
agreed consent decree, the defendants deny that they engaged in any
discriminatory practices.
A copy of the Release is included as Exhibit 99 to this Current Report
on Form 8-K and incorporated herein by reference. Please see the Release for a
description of some of the principal components of the programmatic portion of
the settlement.
Section 9 - Financial Statements and Exhibits
Item 9.01. Financial Statements and Exhibits.
(a) Financial statements of businesses acquired:
Not applicable.
(b) Pro forma financial information:
Not applicable.
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(c) Exhibits:
The following exhibit is included with this Current
Report on Form 8-K:
Exhibit No. Description
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99 News Release Issued by Abercrombie &
Fitch Co. on November 16, 2004
[Remainder of page intentionally left blank;
signature on following page.]
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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 hereunto duly authorized.
ABERCROMBIE & FITCH CO.
Dated: November 18, 2004 By: /s/ Susan J. Riley
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Susan J. Riley
Senior Vice President-Chief
Financial Officer
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INDEX TO EXHIBITS
Current Report on Form 8-K
Dated November 18, 2004
Abercrombie & Fitch Co.
Exhibit No. Description
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99 News Release Issued by Abercrombie & Fitch Co.
on November 16, 2004
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