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Garbe V Kmart Whistleblower Complaint
Case 3:12-cv-00881-NJR-RJD Document 359 Filed 05/01/17 Page 1 of 100 Page ID #9373 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS UNITED STATES OF AMERICA, and the ) STATES OF CALIFORNIA, COLORADO, ) DELAWARE, FLORIDA, GEORGIA, ) HAWAII, ILLINOIS, INDIANA, IOWA, ) LOUISIANA, MARYLAND, ) MASSACHUSETTS, MICHIGAN, ) MINNESOTA, MONTANA, NEVADA, NEW ) HAMPSHIRE, NEW JERSEY, NEW ) Case No. 3:12-cv-00881-NJR-RJD MEXICO, NEW YORK, NORTH ) CAROLINA, OKLAHOMA, RHODE ) ISLAND, TENNESSEE, TEXAS, VIRGINIA, ) JURY TRIAL DEMANDED WASHINGTON, WISCONSIN, and DOE ) STATES 1-18, ex rel. JAMES GARBE, ) ) Plaintiffs, ) ) vs. ) ) KMART CORPORATION, ) ) Defendant. ) ) THIRD AMENDED COMPLAINT Plaintiff-relator James Garbe, through his attorneys Phillips & Cohen LLP, on behalf of the United States of America, the States of California, Colorado, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Virginia, Washington, Wisconsin, and Doe States 1- 18 (collectively “the States”), for his Complaint against defendant Kmart Corporation (“defendant” or “Kmart”), alleges based upon personal knowledge, relevant documents, and information and belief, as follows: 1 Case 3:12-cv-00881-NJR-RJD Document 359 Filed 05/01/17 Page 2 of 100 Page ID #9374 I. NATURE OF THE ACTION 1. This is an action to recover damages and civil penalties on behalf of the United States of America and the States arising from false and/or fraudulent statements, records, and claims made and caused to be made by defendant and/or its agents, employees and co- conspirators in violation of the Federal False Claims Act, 31 U.S.C. -
What Is a Warehouse Club?
What is a Warehouse Club? The principle operators in the warehouse club industry are BJ’s Wholesale, Cost-U-Less, Costco Wholesale, PriceSmart and Sam’s Club. These five companies follow the basic warehouse club principles developed by Sol and Robert Price, who founded the warehouse club industry when they opened the first Price Club in San Diego, California in 1976. However, the five warehouse club operators have adapted those basic concepts to today’s retail environment. This chapter provides an explanation of the key characteristics of a warehouse club in 2010. Overall Description A warehouse club offers its paid members low prices on a limited selection of nationally branded and private label merchandise within a wide range of product categories (see picture on the right of Mott’s sliced apples at BJ’s). Rapid inventory turnover, high sales volume and reduced operating costs enable warehouse clubs to operate at lower gross margins (8% to 14%) than discount chains, supermarkets and supercenters, which operate on gross margins of 20% to 40%. BJ’s – Mott’s Sliced Apples Overall Operating Philosophy When it comes to buying and merchandising, the warehouse clubs follow the same simple and straightforward six-point philosophy that was originated by Sol Price: 1. Purchase quality merchandise. 2. Purchase the right merchandise at the right time. 3. Sell products at the lowest possible retail price. 4. Merchandise items in a clean, undamaged condition. 5. Merchandise products in the right location. 6. Stock items with the correct amount of inventory, making sure that supply is not excessive. In 1983, Joseph Ellis, an analyst at Goldman Sachs, summarized the warehouse club operating philosophy in a meaningful and relevant way. -
GENERAL GROWTH PROPERTIES, INC. 2001 Annual Report on Behalf of All the Employees Of
GENERAL GROWTH PROPERTIES, INC. 2001 annual report On behalf of all the employees of General Growth Properties, I would like to extend our condolences to anyone who lost a loved one, a friend, an acquaintance or a co-worker in The regional mall business is about relationships. the tragedy of September 11, 2001. We do not forge them lightly, but with the intent We are a country of strong individuals to nurture and strengthen them over time. Even in periods of distress, the relationships with who will continue to unite as we have rock solid our consumers, owners, retailers, and employees keep throughout our history.We will not us rooted in one fundamental belief: that success can be achieved allow horrific acts of terrorism to destroy when we work together.The dynamics of our the greatest and most powerful nation industry dictate that sustainability is contingent upon in the world. God bless you. the integrity of our business practices.We will never lose sight of this fact and will carry out every endeavor to reflect the highest standards. contents Financial Highlights . lift Portfolio . 12 Company Profile . lift Financial Review . 21 Operating Principles . 2 Directors and Officers . 69 Shareholders’ Letter . 4 Corporate Information . 70 Shopping Centers Owned at year end includes Centermark 1996 75 company profile General Growth Properties and its predecessor companies 1997 64 have been in the shopping center business for nearly fifty years. It is the second largest regional 1998 84 mall Real Estate Investment Trust (REIT) in the United States. General Growth owns, develops, 1999 93 operates and/or manages shopping malls in 39 states. -
2017 Warehouse Club Industry Guide
2017 Warehouse Club Industry Guide BJs.com Costco.com 7 1 0 2 , 2 2 SamsClub.com y a M — te a D CostULess.come PriceSmart.com s a le e R HHC Publishing, Inc.— Providing Club Industry Data, Information and Analysis since 1997 Online access and/or book delivery for the 2017 Warehouse Club Industry Guide Order Form will occur by May 22, 2017. These PRE PUBLICATION discounts expire May 15, 2017. ONE Version Option TWO Version Option Save Purchase either Save Purchase both Save up $200 the print or $300 the print and online version online versions to $300 and pay $599, a $200 and pay $699, a $300 discount off the everyday discount off the everyday price of $799. price of $999. ORDER ONE Version Order—Check One TWO Version Order—Check Box $599 Book Online $699 Book and Online DELIVERY AND PAYMENT Name To get your 2017 Warehouse Club Industry Guide, simply Title/Position complete this form and return it to: HHC Publishing, Inc. Company PO Box 9138 Foxboro, MA 02035-9138 Address 617-770-0102 City, State, Zip You can also fax the completed form to: Telephone, Email 617-479-4961 Invoice Me Check Enclosed UNCONDITIONAL MONEY BACK GUARANTEE American Express MasterCard Visa If you are not completely Credit Card Number satisfied with the 2017 Warehouse Club Industry Expiration Date & Guide, you are entitled to a full Signature refund. March 17, 2017 Volume 21, Issue 473 WAREHOUSE CLUB FOCUS Costco February Sales—5. Costco MVM Program—7. 1 For 21 years, your best source for information about the clubs. -
070210 Double Coupon Stores.Pdf
Participating Stores You must present your Shop Your Way Rewards Member number at time of purchase and coupon redemption. Limited to 5 coupons per customer, per day. Only first 5 coupons will be doubled. Please see store associate for details. Kmart reserves the right to modify or cancel this program at any time. [Kmart Store Coupons or Kmart Pharmacy Store Coupons are not eligible.] ALABAMA AL ALBERTVILLE 7200 US HIGHWAY 431 35950 (256) 878‐9030 AL ANNISTON 3101 MC CLELLAN BLVD 36201 (256) 236‐5681 AL ATHENS 104 HIGHWAY 31 NORTH 35611 (256) 233‐1551 AL GARDENDALE 901 DECATUR HIGHWAY 35071 (205) 631‐5690 AL BIRMINGHAM 5980 CHALKVILLE MOUNTAIN 35235 (205) 655‐5150 AL BIRMINGHAM 7845 CRESTWOOD BLVD 35210 (205) 956‐5186 AL PELL CITY 803 MARTIN STREET S 35128 (205) 884‐2900 AL HOMEWOOD 230 GREEN SPRINGS HWY 35209 (205) 916‐0610 AL CENTRE 1525 CHESTNUT BYPASS 35960 (256) 927‐8000 AL CULLMAN 1731 2ND AVE SW 35055 (256) 734‐4713 AL DECATUR 1101 BELTLINE RD 35601 (256) 350‐9150 AL FLORENCE 105 COX CREEK PKWY SOUTH 35630 (256) 764‐2223 AL MUSCLE SHOALS 3401 WOODWARD AVE 35661 (256) 383‐7716 AL FORT PAYNE 101 CRACKER BARREL ROW SW 35968 (256) 845‐0114 AL GADSDEN 201 GEORGE WALLACE DR 35903 (256) 547‐5703 AL HUNTSVILLE 1401 MEMORIAL PKWY NW 35801 (256) 539‐0491 AL JASPER 300 HIGHWAY 78 E 35501 (205) 384‐3475 AL PRATTVILLE 1880 EAST MAIN STREET 36066 (334) 365‐9460 AL SCOTTSBORO 22991 JOHN T REID PKWY 35768 (256) 259‐2728 AL TUSCALOOSA 635 SKYLAND BLVD 35405 (205) 759‐4461 AL NORTHPORT 1700 MCFARLAND BLVD 35476 (205) 339‐3180 AL AUBURN 2047 E UNIVERSITY -
Membership Wholesale Clubs: a Low-Price Alternative
The Food Industry: Changing With the Times Membership Wholesale Clubs: A Low-Price Alternative Walter Epps and Judy Putnam (202) 786-1866 ffered the choice of paying $3.29 or posted wholesale prices, about 5 percent in O $2.79 for a 12-pack case of 12-ounce 1985. Pepsi's, obviously most buyers would Most wholesale clubs stock 4,000 to choose the lower price. This price appeal 6,000 items. This compares with up to goes a long way toward explaining the 25,000 items offered by conventional super meteoric ·rise of wholesale clubs-fully com markets and 30,000 to 50,000 items stocked puterized "no-frills" operations offering a by traditional discount stores. However, a limited selection of first quality, name-brand club's range of items is broad-from micro merchandise to smalJ businesses and select wave ovens to plastic trash bags. Within ed groups of consumers. any product category, clubs stock only a Today's clubs trace their lineage to the couple of fast-moving, welJ-known brands. cash-and-carry operations started more than Grocery items account for 40 to 60 percent 50 years ago by wholesale food distributors of clubs' sales, with general merchandise to serve their smalJ business customers who making up the remainder. couldn't buy in large quantities. As the Included in their food lines are canned name implies, customers pay cash at these peas, trout fillets, and frozen french fries. outlets and assume responsibility for receipt In short, there is the range of products, and delivery of their order, thus avoiding though not the variety of brands and sizes distributor service charges. -
List of Closing Stores
As part of our ongoing efforts to streamline the Company's operations and focus on our Best Stores, we have identified approximately 100 non‐profitable stores, many of which will begin store closing sales in the near future. We continue to evaluate our network of stores, which are a critical component in our transformation, and will make further adjustments as needed and as warranted. The company on Thursday, May 31 informed associates at 15 Kmart stores and 48 Sears stores that we will be closing these stores in early September 2018. Eligible associates impacted by these store closures will receive severance and will have the opportunity to apply for open positions at area Kmart or Sears stores. Customers can use the store locator function on our web sites to find the location of their nearest Kmart and Sears stores. Liquidation sales will begin as early as June 14 at these closing stores. Following is a list of the impacted stores. (Note –a small group of stores was pulled from the closing list of 72 stores on May 31 as they are being evaluated further). This list will be updated as appropriate. FORMAT STREET ADDRESS CITY STATE Kmart 910 North China Lake Blvd Ridgecrest CA Kmart 9881 W 58Th Avenue Arvada CO Kmart 5400 E Busch Blvd Tampa FL Kmart 4303 Nawiliwili Road Lihue HI Kmart 2535 Hubbell Avenue Des Moines IA Kmart 5909 E State Street Rockford IL Kmart 4070 Ryan Street Lake Charles LA Kmart 215 North Central Avenue Duluth MN Kmart 24 34 Barbour Avenue Passaic / Clifton NJ Kmart 2100 Carlisle Avenue Albuquerque NM Kmart 1000 Montauk Highway West Babylon NY Kmart 25301 Rockaway Blvd Rosedale NY Kmart 12350 N E Sandy Blvd Portland OR Kmart 1072 Mountain Laurel Plaza Latrobe PA Kmart 5000 San Dario Laredo TX Sears* 10001 N Metro Parkway West Phoenix AZ Sears 100 S Puente Hills Mall City Industry CA Sears* 7902 Citrus Park Town Center Tampa FL Sears 320 Towne Center Circle Sanford FL Sears† 2201 Henderson Mill Road N.E. -
Deloitte Studie
Global Powers of Retailing 2018 Transformative change, reinvigorated commerce Contents Top 250 quick statistics 4 Retail trends: Transformative change, reinvigorated commerce 5 Retailing through the lens of young consumers 8 A retrospective: Then and now 10 Global economic outlook 12 Top 10 highlights 16 Global Powers of Retailing Top 250 18 Geographic analysis 26 Product sector analysis 30 New entrants 33 Fastest 50 34 Study methodology and data sources 39 Endnotes 43 Contacts 47 Global Powers of Retailing identifies the 250 largest retailers around the world based on publicly available data for FY2016 (fiscal years ended through June 2017), and analyzes their performance across geographies and product sectors. It also provides a global economic outlook and looks at the 50 fastest-growing retailers and new entrants to the Top 250. This year’s report will focus on the theme of “Transformative change, reinvigorated commerce”, which looks at the latest retail trends and the future of retailing through the lens of young consumers. To mark this 21st edition, there will be a retrospective which looks at how the Top 250 has changed over the last 15 years. 3 Top 250 quick statistics, FY2016 5 year retail Composite revenue growth US$4.4 net profit margin (Compound annual growth rate CAGR trillion 3.2% from FY2011-2016) Aggregate retail revenue 4.8% of Top 250 Minimum retail Top 250 US$17.6 revenue required to be retailers with foreign billion among Top 250 operations Average size US$3.6 66.8% of Top 250 (retail revenue) billion Composite year-over-year retail 3.3% 22.5% 10 revenue growth Composite Share of Top 250 Average number return on assets aggregate retail revenue of countries with 4.1% from foreign retail operations operations per company Source: Deloitte Touche Tohmatsu Limited. -
Buy BJ's Wholesale Club
23 July 2018 Retailing / Department Stores & Broadlines BJ's Wholesale Club Deutsche Bank Research Rating Company Date Buy BJ's Wholesale Club 23 July 2018 Initiation of Coverage North America United States Reuters Bloomberg Exchange Ticker Price at 19 Jul 2018 (USD) 25.70 Consumer BJ.N BJ US NYS BJ Price target 30.00 Retailing / Department Stores & Broadlines 52-week range 27.05 - 22.00 BJ’s is Back and Better than Ever Valuation & Risks Mike Baker, CFA Initiating coverage with a Buy rating and $30 price target We are initiating coverage with a Buy rating and $30 target. Positive investment Research Analyst themes include: (1) unique positioning in a favorable industry supports improving +1-617-217-6253 top line; (2) improved processes and platform to drive sales and margin opportunities; (3) growing membership fee income the backbone to future profit Stock & option liquidity data Market Cap (USDm) 3,593.5 gains; and (4) a new club opportunity is also additive to sales. Each of these Shares outstanding (m) 139.8 themes contribute to a compelling long-term financial model, including solid sales Free float (%) 100 from comps, store growth and membership, mid-single-digit profitability gains Volume (19 Jul 2018) 96,880 and mid-double-digit EPS growth. Our price target is based on a target multiple Option volume (und. shrs., 1M avg.) 79,277 that is at a slight premium to peers, with scenario analysis pointing to 2x upside Source: Deutsche Bank versus downside. We see four positive investment themes 1. Unique positioning in a favorable industry supports improving top line: We believe the club industry has among the best fundamentals in retailing and BJ’s is well positioned within the club channel to drive top- line growth. -
Kmart Collector
Kmart Collector Day - Participating Stores STORE ADDRESS CITY ST ZIP 9620 7200 US HIGHWAY 431 ALBERTVILLE AL 35950 9648 104 HIGHWAY 31 NORTH ATHENS AL 35611 3082 2185 REEVES STREET DOTHAN AL 36303 7045 3401 WOODWARD AVE MUSCLE SHOALS AL 35661 4769 803 MARTIN STREET S PELL CITY AL 35128 3194 635 SKYLAND BLVD TUSCALOOSA AL 35405 3933 STATE HIGHWAY 89 #1 KMART PLAZA CABOT AR 72023 3120 10901 RODNEY PARHAM LITTLE ROCK AR 72212 9711 2821 EAST MAIN STREET RUSSELLVILLE AR 72801 3375 2250 HIGHWAY 95 STE 256 BULLHEAD CITY AZ 86442 9101 1214 E FLORENCE BLVD CASA GRANDE AZ 85222 9528 3340 E ANDY DEVINE AVE KINGMAN AZ 86401 3707 1870 MCCULLOCH BLVD LAKE HAVASU CITY AZ 86403 7655 1445 SOUTH POWER ROAD MESA AZ 85206 3228 2526 W NORTHERN AVENUE PHOENIX AZ 85051 3924 750 W DEUCE OF CLUBS SHOW LOW AZ 85901 3628 8701 WEST MCDOWELL TOLLESON AZ 85353 4996 7055 EAST BROADWAY TUCSON AZ 85710 3435 2222 E LINCOLN AVE ANAHEIM CA 92806 4762 3625 EAST 18TH ST ANTIOCH CA 94509 3699 20777 BEAR VALLEY RD APPLE VALLEY CA 92308 7552 1570 W BRANCH ST ARROYO GRANDE CA 93420 7619 3980 EL CAMINO REAL ATASCADERO CA 93422 9608 2505 BELL RD AUBURN CA 95603 4320 10400 ROSECRANS BELLFLOWER CA 90706 7653 P O BOX 7047 BIG BEAR LAKE CA 92315 7756 1200 N MAIN STREET BISHOP CA 93514 3881 1455 W HOBSON BLYTHE CA 92225 3834 1000 SAN FERNANDO RD BURBANK CA 91504 7165 940 ARNEILL RD CAMARILLO CA 93010 4987 500 CARSON TOWN CENTER CARSON CA 90745 3086 2155 PILLSBURY RD CHICO CA 95926 3582 1075 SHAW AVENUE CLOVIS CA 93612 7098 5100 CLAYTON ROAD CONCORD CA 94521 4047 2200 HARBOR BLVD COSTA -
Has the Retail Apocalypse Hit the DC Area?
POLICY BRIEF Has the Retail Apocalypse Hit the DC Area? Leah Brooks, Urbashee Paul and Rachel Shank APRIL 2018 POLICY BRIEF APRIL 2018 | LEAH BROOKS, URBASHEE PAUL AND RACHEL SHANK1 In 1977, the White Flint Mall opened to great acclaim as Maryland’s premier mall, complete with glass elevators, glamorous anchor stores, and an exciting eatery. Now, more than four decades later, White Flint Mall is situated in a sea of empty parking lots. Except for anchor tenant Lord and Taylor, with which the mall owner is in protracted litigation, the mall sits empty. About a decade before White Flint launched, Northern Virginia’s Tysons Corner Center opened, also to acclaim. Tyson’s Corner has seen continued success,2 welcoming Apple’s flagship store in 2001,3 and Spanx’s first brick and mortar store in 2012.4 The promised increase in walkability ushered in by the Silver Line expansion has heralded opportunity for new residential and commercial development.5 To what extent is this divergence due to e-commerce? The Rise of E-commerce Indeed, there is substantial evidence that brick-and-mortar retail is suffering. CNN Money10 reports that 2017 marked E-commerce dates to 1994, when the New York Times the highest number of retail store closure announcements in reported that Philadelphia’s Phil Brandenberger used his history. Within the past year, once-prominent malls in computer to purchase a Sting album. In the following year, New Jersey and Pennsylvania have closed almost 200 Amazon sold its first book, and Pierre Omidyar founded stores. And the wave seems unlikely to be over: Toys R Us Ebay.6 has recently declared bankruptcy, while long-time anchor tenants Sears, Kmart, J.C. -
PARIS PREVIEW/10-17 FACTORS WARY on KMART/2 Women’Swwd Wear Daily • the Retailers’ Dailymonday Newspaper • September 30, 2002 Vol
PARIS PREVIEW/10-17 FACTORS WARY ON KMART/2 Women’sWWD Wear Daily • The Retailers’ DailyMONDAY Newspaper • September 30, 2002 Vol. 184, No. 65 $1.75 Accessories/Innerwear/Legwear Strip Tease MILAN — The spring collection Tom Ford showed for Gucci on Saturday was short, hot and sexy. It was also a major departure from his dark vision for fall — and not just because it featured pink, soft blue and colorful Asian prints. There was another factor: the special, labor- intensive methods and techniques used to create it. Here, one racy little number that’s a literal embodiment of the term “gold-digger”: a microminidress in strips of 18-karat pink gold. For more on the season, see pages 4 to 7. Is Target Cooling? Slow Growth Feared At Hot Discounter By Evan Clark NEW YORK — Target Corp. may have trouble retaining its status as a retailing phenomenon while it tries to keep up with its own ultrahip image, ultratough competition and ultrahigh expectations. While Wall Street generally remains bullish on the Minneapolis- based retailer, analysts acknowledge the firm, with its own presence expanding and bankrupt Kmart waning, is increasingly going toe-to- toe with Wal-Mart — the world’s largest company and a competitor See Hot, Page21 PHOTO BY PHOTO DAVIDE BY MAESTRI 2 Kmart Vendors Face Double RL Chooses WWDMONDAY West Hollywood Accessories/Innerwear/Legwear Stiffer Credit Terms GENERAL For Newest Store Gucci, Fendi, Prada and Dolce & Gabbana were among the top collections as the Milan shows rolled along. By Vicki M. Young calls seeking comment. LOS ANGELES — Double RL is 4 Although his firm isn’t among heading west.