-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, C3LC2DiOQSutXTGZZn8lUau1fxmQyPLGxV9aJfbQUcav1e0k3KZLi/kjkVBdbpAL 8dblpd1uKP5SFSUkKPH6lg== 0000935836-01-500266.txt : 20010515 0000935836-01-500266.hdr.sgml : 20010515 ACCESSION NUMBER: 0000935836-01-500266 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20010508 FILED AS OF DATE: 20010514 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DIEDRICH COFFEE INC CENTRAL INDEX KEY: 0000947661 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-FOOD STORES [5400] IRS NUMBER: 330086628 STATE OF INCORPORATION: CA FISCAL YEAR END: 0127 FILING VALUES: FORM TYPE: 4 SEC ACT: SEC FILE NUMBER: 000-21203 FILM NUMBER: 1632625 BUSINESS ADDRESS: STREET 1: 2144 MICHELSON DRIVE STREET 2: STE A CITY: IRVINE STATE: CA ZIP: 9262682612 BUSINESS PHONE: 9492601600 MAIL ADDRESS: STREET 1: 2144 MICHELSON DRIVE CITY: IRVINE STATE: CA ZIP: 92612 COMPANY DATA: COMPANY CONFORMED NAME: WESTCLIFF CAPITAL MANAGEMENT LLC /ADV CENTRAL INDEX KEY: 0001020960 STANDARD INDUSTRIAL CLASSIFICATION: [] OWNER IRS NUMBER: 770435868 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 BUSINESS ADDRESS: STREET 1: 200 7TH AVE STREET 2: STE 105 CITY: SANTA CRUZ STATE: CA ZIP: 95062 BUSINESS PHONE: 8314790422 4 1 west4.htm

SEC 1473

(7-97)

Potential persons who are to respond to the collection of information contained in this form are not required to

respond unless the form displays a currently valid OMB control number

 

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES

Filed pursuant to Section 16(a) of the Securities Exchange act of 1934,

Section 17(a) of the Public Utility Holding Company Act of 1935 or

Section 30(f) of the Investment Company Act of 1940

Form 3

OMB APPROVAL

OMB Number: 3235-0104

Expires: October 31, 2001

Estimated average burden

hours per response 0.5

(Print or Type Responses)

 

 

1. Name and Address of Reporting Person

Westcliff Capital Management, LLC

2. Date of Event

Requiring Statement

(Month/Day/Year)

05/08/01

_________________________

3. IRS Identification Number of Reporting Person, if an entity
(voluntary)

4. Issuer Name and Ticker or Trading Symbol
Diedrich Coffee, Inc. (DDRX)

(Last) (First) (Middle)

200 Seventh Avenue, Suite 105

5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)

______Director __X__10% Owner

______Officer (give ______Other (specify

title below) below)

____________________________

6. If Amendment, Date of
Original (month/Day/Year)

(Street)

 

 

 

Santa Cruz, California 95062

7. Individual or Joint/Group
Filing (Check Applicable Line)

___Form filed by One Reporting Person
_X_Form filed by More than One Reporting Person

(City) (State) (Zip)

 

 

 

Table I Non-Derivative Securities Beneficially Owned

1. Title of Security
(Instr. 4)

2. Amount of Securities Beneficially Owned (Instr. 4)

3. Ownership
Form: Direct
(D) or Indirect
(I) (Instr. 5)

4. Nature of Indirect Beneficial Ownership
(Instr. 5)

Common Stock

452,842

D & I

See Note 2

Common Stock

409,191

D & I

See Note 3

 

Table II Derivative Securities Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities)

1. Title of
Derivative Security
(Instr. 4)

2. Date Exer-
cisable and
Expiration
Date
(Month/Day/Year)

3. Title and Amount of Securities
Underlying
Derivative Security
(Inst. 4)

4. Conver-
sion or
Exercise
Price of
Deri-
vative
Security

5. Owner-
ship
Form of
Deriv-
ative
Securities:
Direct
(D) or
Indirect
(I)
(Inst. 5)

6. Nature of Indirect
Beneficial Ownership
(Instr.5)

Date
Exer-
cisable

Expira-
tion
Date

Title

Amount
or
Number
of
Shares

Warrant to Purchase Common Stock


5/8/01


5/8/10


Common Stock


110,641.75


$4.80


D&I


See Note 2

Warrant to Purchase Common Stock


5/8/01


5/8/10


Common Stock


97,691.5


$4.80


D& I


See Note 3

Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.

Explanation of Responses:

(1) The reporting persons (the "Reporting Persons") consist of (i) Westcliff Capital Management, LLC, and (ii) Richard S. Spencer III, a manager and the majority member of Westcliff Capital Management, LLC. Each Reporting Person disclaims membership in a group with any other person within the meaning of Rule 13d-5(b)(i) and Rule 16a-1(a)(1) under the Exchange Act.

(2) These securities are owned by investment limited partnerships of which Westcliff Capital Management, LLC is the general partner and investment adviser. Each Reporting Person has only a pro rata interest in the securities with respect to which indirect beneficial ownership is reported and disclaims beneficial ownership in such securities except to the extent of such Reporting Person's pecuniary interest.

(3) These securities are owned by entities for which Westcliff Capital Management, LLC is the investment adviser. Each Reporting Person has only a pro rata interest in the securities with respect to which indirect beneficial ownership is reported and disclaims beneficial ownership in such securities except to the extent of such Reporting Person's pecuniary interest.

Dated: May 14, 2001

Westcliff Capital Management, LLC

 

By: Richard S. Spencer III, Manager

 

 

Richard S. Spencer III

 

 

 

Joint Filer Information

 

Name: Richard S. Spencer III

Address: 200 Seventh Avenue, Suite 105, Santa Cruz, California 95062

Designated Filer: Westcliff Capital Management, LLC

Date of Event Requiring Statement (Month/Day/Year): 05/08/01

Issuer and Ticker Symbol: Diedrich Coffee Inc. DDRX

 

Signature: Richard S. Spencer III

 

 

* If the form is filed by more than one reporting person, see Instruction 5(b)(v).

** Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff

Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
See Instruction 76 for procedure.

 

 

 

-----END PRIVACY-ENHANCED MESSAGE-----