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Request for Voluntary Public Reporting of
Shareholder Information Requirements
(March 26, 2004)
Copied below is the text of a letter sent to Farmer Bros. on
March 26, 2004, encouraging management's voluntary public reporting of
information which shareholders have a right to demand.
The letter refers to the
company's recent public reporting of information that had been the subject
of a January 12, 2004 demand letter,
a February 13, 2004 court enforcement
action, and a request for SEC intervention.
Reference is also made to the
shareholder Delegate's initial March 13, 2003 demand letter's
previously stated preferences for public reporting, as an alternative to
burdensome formal procedures for document inspections.
The company did not respond to this letter, or to a
subsequent March 31, 2003 letter asking management's advice of intent to
respond.
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[letterhead]
LUTIN & COMPANY
575 Madison Avenue
New York, New York 10022
Telephone (212) 605-0335
Facsimile (212) 605-0325
March 26, 2004
By telecopier:
310/320-2436
Mr. John E. Simmons
Farmer Bros. Co.
20333 South Normandie Avenue
Torrance, California 90502
Dear Mr. Simmons:
Your advice will be
appreciated to guide shareholder requests for additional information.
Since you submitted public
SEC filings of documents in response to all but one of the seven items
listed in the shareholder Delegate’s January 12, 2004 demand letter, it is
assumed that you may now be willing to respond to other information requests
with similar public reports. You may recall that the Delegate’s initial
March 13, 2003 information request had in fact requested your public
reporting of the information needed by investors, stating that the more
burdensome inspection of records would be demanded as a legally enforceable
alternative only in the absence of voluntary publication.
Please let me know whether
we may address current shareholder information requirements, including
previously requested items, in a cooperative process of informal
communications rather than in formal demands.
Sincerely yours,
Gary Lutin
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