Office Depot 2007 Annual Report Download - page 19

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17
In early November 2007, two putative class action lawsuits were filed against the company and certain of its
executive officers alleging violations of the Securities Exchange Act of 1934. In addition, two putative shareholder
derivative actions were filed against the company and its directors alleging various state law claims including breach
of fiduciary duty. The allegations in all four lawsuits primarily relate to the accounting for vendor program funds.
Each of the above-referenced lawsuits were filed in the Southern District of Florida, and are captioned as follows:
(1) Nichols v. Office Depot, Steve Odland and Patricia McKay (Case Number, 07-14348) filed on November 6,
2007; (2) Sheet Metal Worker Local 28 v. Office Depot, Steve Odland and Patricia McKay (Case Number, 07-
81038) filed on November 5, 2007; (3) Marin v. Office Depot, Steve Odland, Neil R. Austrian, David W. Bernauer,
Abelardo E. Bru, Marsha J. Evans, David I. Fuente, Brenda J. Gaines, Myra M. Hart, Kathleen Mason and Michael
J. Myers (Case Number, 07-81062) filed on November 8, 2007; and (4) Mason v. Office Depot, Steve Odland, Neil
R. Austrian, David W. Bernauer, Abelardo E. Bru, Marsha J. Evans, David I. Fuente, Brenda J. Gaines, Myra M.
Hart, Kathleen Mason and Michael J. Myers (Case Number, 07-81059) filed on November 8, 2007.
On November 26, 2007, the Southern District of Florida court ordered a consolidation of the two shareholder
derivative lawsuits for discovery purposes. On January 4, 2008, certain parties in the Nichols v. Office Depot, et. al.
action moved to consolidate the two class action lawsuits. These lawsuits are in their early stages and we do not
currently believe that they will have a material adverse impact on the company or its results of operations. We
intend to vigorously defend against these claims.
Item 4. Submission of Matters to a Vote of Security Holders.
None.