8-K 1 d8k.htm FORM 8-K Form 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

FORM 8-K

 


 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): April 1, 2005

 


 

DIEDRICH COFFEE, INC.

(Exact name of registrant as specified in its charter)

 


 

Delaware   0-21203   33-0086628

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

 

28 Executive Park, Suite 200

Irvine, California 92614

(Address of principal executive offices, including Zip Code)

 

Registrant’s telephone number, including area code: (949) 260-1600

 

Not Applicable

(Former name or former address, if changed since last report)

 


 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 



Item 2.02 Results of Operations and Financial Condition

 

On April 1, 2005, Diedrich Coffee, Inc. (the “Company”) issued a press release announcing that it expects to restate certain of its prior period financial statements. A copy of the release is attached as Exhibit 99.1.

 

Item 4.02 Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review.

 

Following a review of its lease accounting policies, the Company plans to adjust its accounting for leases and expects to restate certain of its prior period financial statements. On April 1, 2005, the Audit Committee of the Board of Directors concluded that it concurred with management’s recommendation that the Company restate its financial statements for the fiscal years ended July 3, 2002, July 2, 2003 and June 30, 2004, and for the first and second quarters of the current fiscal year to correct errors in lease accounting. The Audit Committee has discussed the matters disclosed in this filing under Item 4.02(a) with the Company’s independent accountants.

 

The Company recommends non-reliance on such historical financial statements until such financial statements have been re-filed with the SEC.

 

Item 9.01 Financial Statements and Exhibits.

 

(c) Exhibits

 

Exhibit No.

 

Description


99.1   Press Release, dated April 1, 2005

 

 


SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Date: April 1, 2005

 

DIEDRICH COFFEE, INC.
By:  

/s/ Martin A. Lynch


    Martin A. Lynch
    Chief Financial Officer


EXHIBIT INDEX

 

Exhibit No.

 

Description


99.1   Press Release, dated April 1, 2005