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): | June 12, 2009 |
Ferrellgas Partners, L.P.
__________________________________________
(Exact name of registrant as specified in its charter)
| Delaware | 001-11331 | 43-1698480 |
|
_____________________ (State or other jurisdiction |
_____________ (Commission |
______________ (I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
| 7500 College Blvd., Suite 1000, Overland Park, Kansas | 66210 | |
|
_________________________________ (Address of principal executive offices) |
___________ (Zip Code) |
| Registrant’s telephone number, including area code: | 913-661-1500 |
Not Applicable
______________________________________________
Former name or former address, if changed since last report
Ferrellgas Partners Finance Corp.
__________________________________________
(Exact name of registrant as specified in its charter)
| Delaware | 333-06693 | 43-1742520 |
|
_____________________ (State or other jurisdiction |
_____________ (Commission |
______________ (I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
| 7500 College Blvd., Suite 1000, Overland Park, Kansas | 66210 | |
|
_________________________________ (Address of principal executive offices) |
___________ (Zip Code) |
| Registrant’s telephone number, including area code: | 913-661-1500 |
n/a
______________________________________________
Former name or former address, if changed since last report
Ferrellgas, L.P.
__________________________________________
(Exact name of registrant as specified in its charter)
| Delaware | 000-50182 | 43-1698481 |
|
_____________________ (State or other jurisdiction |
_____________ (Commission |
______________ (I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
| 7500 College Blvd., Suite 1000, Overland Park, Kansas | 66210 | |
|
_________________________________ (Address of principal executive offices) |
___________ (Zip Code) |
| Registrant’s telephone number, including area code: | 913-661-1500 |
n/a
______________________________________________
Former name or former address, if changed since last report
Ferrellgas Finance Corp.
__________________________________________
(Exact name of registrant as specified in its charter)
| Delaware | 000-50183 | 14-1866671 |
|
_____________________ (State or other jurisdiction |
_____________ (Commission |
______________ (I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
| 7500 College Blvd., Suite 1000, Overland Park, Kansas | 66210 | |
|
_________________________________ (Address of principal executive offices) |
___________ (Zip Code) |
| Registrant’s telephone number, including area code: | 913-661-1500 |
n/a
______________________________________________
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 8.01 Other Events.
Ferrellgas Partners, L.P., Ferrellgas, L.P. and Ferrellgas, Inc. have been named as defendants in a consumer class action lawsuit filed in federal district court in San Francisco on June 4, 2009. The suit is brought by several named plaintiffs on behalf of themselves and a putative nationwide class defined as consisting of "[a]ll purchasers of liquefied propane gas cylinders marketed or sold [under the Blue Rhino tradename] nationwide from January 1, 2008." The complaint alleges claims for purported unlawful and deceptive practices allegedly involving price disclosures related to the Blue Rhino branded propane tank exchange activities. This complaint also alleges claims for (i) violations of consumer protection statutes of thirty-seven states and the District of Columbia, and seeks damages, restitution, disgorgement, injunctive relief, costs and attorneys fees on that claim, and (ii) unjust enrichment of the defendants, and seeks restitution on that claim. The complaint also seeks statutory, punitive or treble damages and pre-judgment and post-judgment interest on all claims. Those same defendants were also named in a consumer class action lawsuit filed in federal district court in Kansas City, Kansas on June 11, 2009, alleging substantially similar claims.
In addition, Blue Rhino Corporation (an entity acquired by Ferrellgas Partners but no longer existing) has been named as a defendant in a consumer class action lawsuit filed in the Superior Court of the State of California on May 27, 2009. This suit is brought by several named plaintiffs on behalf of themselves and a putative class defined as consisting of all "Blue Rhino propane consumers in the State of California during the four (4) years prior to the filing of this complaint who have exchanged a 5 gallon refill tank of propane and were provided only a partial refill." This complaint also alleges claims for purported unlawful and deceptive practices allegedly involving price disclosures related to the Blue Rhino branded propane tank exchange activities. This complaint alleges claims for (i) violation of California's Consumer Legal Remedies Act and (ii) violation of Business and Professions Code section 17200. The California plaintiffs seek damages, restitution, injunctive relief, interest, costs, attorneys fees and other appropriate relief.
We believe that there may be additional federal or state lawsuits filed alleging substantially similar claims against these defendants as other law firms actively solicit plaintiffs.
Based on our business and consumer notification practices at our Blue Rhino tank exchange facilities, we believe that all of these claims are without merit and intend to defend the claims vigorously.
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.
| Ferrellgas Partners, L.P. | ||||
| June 12, 2009 | By: |
/s/ J. Ryan VanWinkle
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| Name: J. Ryan VanWinkle | ||||
| Title: Senior Vice President and Chief Financial Officer; Treasurer (Principal Financial and Accounting Officer) of Ferrellgas, Inc., the general partner | ||||
| Ferrellgas Partners Finance Corp. | ||||
| June 12, 2009 | By: |
/s/ J. Ryan VanWinkle
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| Name: J. Ryan VanWinkle | ||||
| Title: Chief Financial Officer and Sole Director | ||||
| Ferrellgas, L.P. | ||||
| June 12, 2009 | By: |
/s/ J. Ryan VanWinkle
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| Name: J. Ryan VanWinkle | ||||
| Title: Senior Vice President and Chief Financial Officer; Treasurer (Principal Financial and Accounting Officer) of Ferrellgas, Inc., the general partner | ||||
| Ferrellgas Finance Corp. | ||||
| June 12, 2009 | By: |
/s/ J. Ryan VanWinkle
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||||
| Name: J. Ryan VanWinkle | ||||
| Title: Chief Financial Officer and Sole Director | ||||