UNITED STATES SECURITIES AND EXCHANGE COMMISSION STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
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 |
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Form 4 |
OMB APPROVAL OMB Number: 3235-0287 Expires: December 31, 2001 Estimated average burden hours per response 0.5 |
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(Print or Type Responses) |
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1 .Name and Address of Reporting Person* Westcliff Capital Management, LLC |
2. Issuer Name and Ticker or Trading Symbol |
6. Relationship of Reporting Person(s) to Issuer ______Director X 10% Owner ______Officer (give ______Other (specify title below) below) ____________________________ |
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(Last) (First) (Middle) 200 Seventh Avenue, Suite 105 |
3. IRS Identification Number of Reporting Person, if an entity |
4. Statement for |
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(Street) Santa Cruz, California 95062 |
5. If Amendment, |
7. Individual or Joint/Group Filing (Check Applicable Line) |
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(City) (State) (Zip) |
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned |
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1. Title of Security |
2. Trans- |
3. Trans-
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4. Securities Acquired (A) |
5. Amount of |
6. Owner- |
7. Nature of Indirect Beneficial Ownership |
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Code |
V |
Amount |
(A) or (D) |
Price |
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Common Stock |
9/17/2001 |
P |
1,000 |
A |
3.00 |
I |
See Note 2 |
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Common Stock |
9/25/2001 |
P |
3,300 |
A |
2.25 |
I |
See Note 2 |
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Common Stock |
9/26/2001 |
P |
2,000 |
A |
2.35 |
I |
See Note 2 |
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Common Stock |
9/28/2001 |
P |
1,900 |
A |
2.6568 |
I |
See Note 2 |
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913,433 |
I |
See Note 3 |
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4(b)(v).
Persons who respond to the collection of information contained (Over)
in this form are not required to respond unless the form displays SEC 1474 (3-00)
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Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned |
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1. Title of |
2. Conver- |
3. Trans- |
4. Trans-
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5. Number of Deriv- |
6. Date Exer- |
7. Title and Amount of Securities |
8. Price |
9. Number |
10. Owner- |
11. Nature of Indirect |
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Code |
V |
(A) |
(D) |
Date |
Expira- |
Title |
Amount or |
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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 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.
(3) These securities are owned by investment limited partnerships, of which Westcliff Capital Management, LLC is the general partner and investment adviser, and 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: October 2, 2001
Westcliff Capital Management, LLC By: /s/ Richard Spencer |
/s/ Richard Spencer 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
Issuer and Ticker Symbol: Diedrich Coffee Inc. DDRX
Statement for Month/Year: September 2001
/s/ Richard Spencer
Signature: Richard S. Spencer III
** 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 6 for procedure.
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