To discuss the dismissal of Grant Thornton as Auditor and to engage another independent audit firm

On November 13, 2009, the audit committee of the Board of Directors of Overstock.com Inc. dismissed Grant Thornton LLP as the company's independent registered public accounting firm prior to Grant Thornton completing its review of the financial statements for the three and nine-month periods ended September 30, 2009. Grant Thornton was engaged as the company's independent registered public accounting firm on March 23, 2009, and consequently Grant Thornton had not performed an audit or issued a report on the company's financial statements. The decision to dismiss Grant Thornton was approved by the Audit Committee of the company's Board of Directors. Grant Thornton was not engaged to (and did not) serve as the company's independent registered public accounting firm during any part of the company's most recent fiscal years ended December 31, 2008 and 2007.

Overstock.com Inc. announced consolidated unaudited earnings results for the third quarter and nine months ended September 30, 2009. Total revenue for the three months ended September 30, 2009 and 2008 was $195.1 million and $186.9 million, respectively, a 4% increase. Operating loss for the three months ended September 30, 2009 was $154,000 compared to operating loss of $4.3 million for the three months ended September 30, 2008, a $4.1 million improvement. Net loss for the three months ended September 30, 2009 was $787,000, or $0.03 basic and diluted per share, compared to a net loss of $1.6 million, or $0.07 basic and diluted per share for the three months ended September 30, 2008. Adjusted EBITDA (a non-GAAP financial measure) for the three months ended September 30, 2009 and 2008 was $3.8 million and $2.2 million, respectively. Net cash used in operating activities was $275,000 compared to net cash provided by operating activities of $11,980,000 for the same period a year ago. Expenditures for fixed assets, including internal-use software and website development was $8,809,000 compared to $2,486,000 for the same period a year ago. For the nine months ended September 30, 2009 and 2008, total revenue decreased 3% to $558.6 million from $578.5 million. For the nine months ended September 30, 2009 and 2008, operating losses were $3.1 million and $16.6 million, respectively, a $13.5 million improvement. For the nine months ended September 30, 2009 and 2008, net losses were $2.5 million and $13.7 million, respectively, or $0.11 and $0.60 basic and diluted loss per share for those periods, respectively. For the twelve months ended September 30, 2009 and 2008, Adjusted EBITDA was $19.7 million and $4.7 million, respectively. Net cash provided by operating activities was $14,864,000 compared to $22,693,000 for the same period a year ago. Expenditures for fixed assets, including internal-use software and website development was $15,669,000 compared to $9,441,000 for the same period a year ago.