Notification of Late Filling

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 12b-25

Commission File Number 0-00981

NOTIFICATION OF LATE FILING

 

(Check One):    

  

¨  Form 10-K         ¨  Form 20-F     ¨  Form 11-K     x  Form 10-Q

¨  Form N-SAR     ¨  Form N-CSR

 

For Period Ended: June 25, 2011

 

¨  Transition Report on Form 10-K

 

¨  Transition Report on Form 20-F

 

¨  Transition Report on Form 11-K

 

¨  Transition Report on Form 10-Q

 

¨  Transition Report on Form N-SAR

 

For the Transition Period Ended:         

 

Read instructions (on back page) before preparing form. Please print or type.

Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.

If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:

 

 

 

PART I. REGISTRANT INFORMATION

 

PUBLIX SUPER MARKETS, INC.

Full Name of Registrant

 

N/A

Former Name if Applicable

 

3300 Publix Corporate Parkway

Address of Principal Executive Office (Street and Number)

 

Lakeland, Florida 33811

City, State and Zip Code

 

 

PART II. RULE 12b-25(b) AND (c)

If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)

 

x   

   (a)  

The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;

 

x   

   (b)  

The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q or subject distribution report on Form 10-D, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and

 

¨   

   (c)  

The accountant’s statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.

 

 

PART III. NARRATIVE

State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period. (Attach extra sheets if needed)

Publix Super Markets, Inc. (the “Company”) is unable to file its Quarterly Report on Form 10-Q for the quarter ended June 25, 2011 within the prescribed time period because, in response to an open comment from the SEC Division of Corporation Finance staff, the Company is evaluating whether certain amounts historically classified as permanent equity should be classified in temporary equity. The Company is working to complete its evaluation and currently expects to file its Quarterly Report on Form 10-Q for the quarter ended June 25, 2011 within the five-day extension period provided under Rule 12b-25 of the Securities Exchange Act of 1934, as amended.

 

 

PART IV. OTHER INFORMATION

 

(1)

Name and telephone number of person to contact in regard to this notification

 

David P. Phillips      (863)    688-1188
(Name)      (Area code)    (Telephone number)

 

(2)

Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed? If the answer is no, identify report(s).    x  Yes    ¨  No

 

(3)

Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?     ¨  Yes    x  No

If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.

 

 

 

 

PUBLIX SUPER MARKETS, INC.

(Name of Registrant as Specified in Charter)

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: 

  

August 4, 2011

    By:   

/s/ David P. Phillips

      

David P. Phillips, Chief Financial Officer

and Treasurer (Principal Financial and

Accounting Officer)