Pathmark Stores, Inc. NASD: PTMK

A class action lawsuit has been filed on behalf of holders of Pathmark Stores, Inc. (Nasdaq: PTMK - News) shares as of the record date of May 6, 2005. This class action brought under the federal securities laws is pending in the United States District Court for District of Delaware, C.A. No.: 05-CIV-0403.

The complaint charges that Pathmark and is board of directors provided materially misleading information to shareholders in connection with a Proxy Solicitation seeking shareholder approval of an investment in Pathmark by Yucaipa Partners, LLC. The proxy solicitation was misleading because it failed to inform investors of an alternative cash-out transaction, through which all Pathmark shareholders would receive $8.75 per share, that had been presented to Pathmark's Board of Directors on June 1. This alternative offer represented a greater value than the Yucaipa Transaction which the Board was recommending. The Complaint also alleges that the defendants breached their fiduciary duties in negotiating with Yucaipa by continuing to recommend that shareholders approve the Yucaipa Transaction even after the alternative offer had been made.

If you held Pathmark common stock on the record date of May 6, 2005, and continued to hold shares through June 9, 2005, you may, not later than August 15, 2005, move the Court to serve as lead plaintiff on behalf of the class.

If you acquired the securities of the defendants during the Class Period you may, no later than the Lead Plaintiff Deadline shown above, request that the Court appoint you as lead plaintiff through counsel of your choice. You may also choose to remain an absent class member. A lead plaintiff must meet certain requirements.