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): July 30, 2003
CBRL GROUP, INC.
Tennessee
0-25225
62-1749513
(State or Other Jurisdiction
(Commission File Number)
(I.R.S. Employer
of Incorporation)
Identification No.)
305 Hartmann Drive, Lebanon, Tennessee 37087
(615) 444-5533
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Item 5. Other Events and Required FD Disclosure
On July 30, 2003, 23 individual customers filed a lawsuit against CBRL Group, Inc. (the “Company”) and its wholly-owned subsidiary, Cracker Barrel Old Country Store, Inc. (“CBOCS”), alleging discrimination against African-American customers by two of CBOCS’ Cracker Barrel Old Country Store® restaurants in Little Rock, Arkansas. The case was filed in the United States District Court for the Eastern District of Arkansas. The case does not seek class action status. The plaintiffs seek declaratory and injunctive relief, unspecified compensatory and punitive damages as well as an award of attorneys’ fees.
The Company and CBOCS deny the allegations made in the complaint and intend to vigorously contest the allegations.
Item 7. Financial Statements and Exhibits
(c)
Exhibits.
99.1
Press Release dated July 31, 2003.
99.2
Press Release dated August 4, 2003.
Item 9. Regulation FD Disclosure
CBOCS issued a press release dated July 31, 2003 in connection with the filing of the litigation that is described in Item 5 of this Current Report on Form 8-K. That press release is attached to this Current Report on Form 8-K as Exhibit 99.1, which by this reference is incorporated herein as if copied verbatim.
The Company’s wholly-owned subsidiary, Logan’s Roadhouse, Inc. (“Logan’s”) issued a press release dated August 4, 2003 announcing that Logan’s had appointed Tom Vogel as its President and Chief Operating Officer. That press release is attached to this Current Report on Form 8-K as Exhibit 99.2, which by this reference is incorporated herein as if copied verbatim.
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.
Dated: August 6, 2003
CBRL GROUP, INC.
By: /s/ James F. Blackstock
Name: James F. Blackstock
Title:
Senior Vice President, General
Counsel and Secretary
[CRACKER BARREL OLD COUNTRY STORE]
EXHIBIT 99.1
Contact:
Julie Davis
Communications Director
615-443-9266
LITTLE ROCK LAWSUIT: FALSE CLAIMS, SOME “RECYCLED”
FROM PREVIOUS UNSUCCESSFUL LEGAL ACTIONS
Company Is Strongly Committed to Diversity and Customer Service
LEBANON, Tenn. (July 31, 2003) – Cracker Barrel Old Country Store, Inc. today rejected the false allegations in a lawsuit filed in Little Rock, Arkansas this week and said a number of the claims against the restaurant chain stemmed from previous unsuccessful legal actions in Georgia.
“We are a large and successful company with a diverse range of customers. These customers have voted us the best family restaurant chain for 13 years,” said Cracker Barrel President and Chief Operating Officer Donald M. Turner. “Furthermore, we are committed to providing strong opportunities in our work force for African-Americans and other minorities. They are a source of strength for us.”
The lawsuit, filed by attorneys that include a plaintiff’s firm that unsuccessfully sought two class action certifications last year in the Northern District of Georgia, claimed two Cracker Barrel restaurants in the Little Rock area treated African-American customers unfairly. Nine incidents were alleged. In seven of the incidents, the plaintiffs are associated with the unsuccessful legal actions in Georgia, Turner said.
“The plaintiff’s attorneys involved in the Georgia legal action threatened additional lawsuits if we didn’t settle. We didn’t settle because we believe the allegations in all of these legal actions are false – they are the opposite of what we stand for as a company and the opposite of what has made us successful,” Turner said.
Turner noted that pay raises, increases in fringe benefits and advancement for hourly employees at Cracker Barrel are all tied to treating customers well. Furthermore, about 23 percent of Cracker Barrel’s more than 50,000 employees are minorities, he said. Some 13 percent are African-American. According to Turner, more than 7 percent of the company’s store managers are African-American and the company’s three top executives who handle human resources, employee training and purchasing also are African-Americans.
“This simply isn’t the profile of a business that engages in a pattern or practice of discrimination,” he said.
Cracker Barrel Old Country Store, Inc. operates 480 company-owned restaurants and retail stores in 41 states. The company is a wholly owned subsidiary of the publicly held CBRL Group, Inc. (Nasdaq: CBRL). Cracker Barrel was established in 1969 in Lebanon, Tennessee. Cracker Barrel stores are modeled after 1900-era country stores and feature a menu of traditional American family dishes, such as meatloaf and chicken n’ dumplins.
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[LOGAN’S ROADHOUSE]
EXHIBIT 99.2
Contact:
Julie Davis
Communications Director
615-443-9266
VOGEL NAMED NEW PRESIDENT FOR LOGAN’S ROADHOUSE®
Industry executive with broad background to lead popular casual dining concept
NASHVILLE, Tenn. (August 4, 2003) – Logan’s Roadhouse, Inc., a subsidiary of CBRL Group, Inc. (NASDAQ: CBRL), today announced the appointment of Tom Vogel as President and Chief Operating Officer. In this important position, Vogel will be in charge of every aspect of operations, including growth, development, and the economic success of Logan’s Roadhouse®, effective August 18.
“Tom’s background includes the right range of experience to lead Logan’s Roadhouse as we grow both the number of units and same store sales,” said CBRL Group President and Chief Executive Officer Michael A. Woodhouse in announcing the appointment. “Tom has a strong background in restaurant operations, and his experience in concept development and marketing will be valuable as we continue to differentiate and strengthen the Logan’s brand and prepare it for accelerated growth.”
Vogel has over 17 years of restaurant industry experience. Before coming to Logan’s Roadhouse, he was with Darden Restaurants for 12 years, where he held positions in operations, concept development, and marketing. As Red Lobster’s Senior Vice President of Operations for the West and Southeast divisions, Vogel helped improve sales and earnings through an increased focus on leadership, operating standards and facilities. As Vice President of Food & Beverage, Vogel led the development of many innovative appetizers, entrees, and desserts. In addition, his team earned the Menu Masters Award for Best Menu Revamp from “Nation’s Restaurant News”. Vogel’s work in concept development earned him awards for innovation and sales excellence. In the marketing arena, he supervised the development of national TV advertising campaigns, and management of creative development and commercial production. Vogel holds a BBA in Hotel & Restaurant Management from the University of Central Florida and an MBA from the University of Florida. Vogel is married with four children; they will be relocating to Nashville.
The Logan’s Roadhouse® concept is modeled after 1930’s and 1940’s roadhouses and has succeeded in appealing to a broad range of guests by offering generous portions of moderately priced, quality food in a fun and exciting atmosphere. Each unit offers a true Americana Roadhouse experience. Logan’s trademark buckets of peanuts are at each table, and customers are welcome to watch the grill cooks through display windows. The menu features a wide variety of fun, casual foods including a variety of U.S.D.A. choice, aged steaks hand-cut on premise; baby-back ribs; mesquite-grilled chicken; appetizers; salads and seafood. Logan's Roadhouse restaurants also have a full service bar that offers many drink selections, including a variety of beers and signature Roadhouse Teas.
Headquartered in Nashville, Tennessee, Logan’s Roadhouse, Inc. presently 96 company-operated and 16 franchised Logan’s Roadhouse restaurants in 17 states.
Except for specific historical information, many of the matters discussed in this press release may express or imply projections of revenues or expenditures, statements of plans and objectives or future operations or statements of future economic performance. These, and similar statements are forward-looking statements concerning matters that involve risks, uncertainties and other factors which may cause the actual performance of CBRL Group, Inc. and its subsidiaries to differ materially from those expressed or implied by this discussion. All forward-looking information is provided by the Company pursuant to the safe harbor established under the Private Securities Litigation Reform Act of 1995 and should be evaluated in the context of these factors. Forward-looking statements generally can be identified by the use of forward-looking terminology such as 7;assumptions”, “target”, “guidance”, “outlook”, “plans”, “projection”, “may”, “will”, “would”, “expect”, “intend”, “estimate”, “anticipate”, “believe”, “potential” or “continue” (or the negative or other derivatives of each of these terms) or similar terminology. Factors which could materially affect actual results include, but are not limited to: the effects of uncertain consumer confidence or general or regional economic weakness on sales and customer travel activity; practical or psychological effects of terrorist acts or war and military or government responses; consumer behavior based on concerns over nutritional aspects of the Company’s products or restaurant food in general; competitive marketing and operational initiatives; commodity, workers’ compensation, group health and utility price changes; the effects of plans intended to improve operational execution and performance; the effects of increased competition at Company locations on sales and on labor recruiting, cost, and retention; the ability of and cost to the Company to recruit, train, and retain qualified restaurant hourly and management employees; the availability and cost of acceptable sites for development and the Company’s ability to identify such sites; increases in construction costs; changes in or implementation of additional governmental or regulatory rules, regulations and interpretations affecting accounting, tax, wage and hour matters, health and safety, pensions and insurance; changes in generally accepted accounting principles or changes in capital market conditions that could affect valuations of restaurant companies in general or the Company’s goodwill in particular; other undeterminable areas of government or regulatory actions or regulations; and other factors described from time to time in the parent Company’s filings with the Securities and Exchange Commission, press releases, and other communications.
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