-----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, KPnY95hQX2uva5qQdarM11uos7Kpv82NEu+8etaFRvMd9Asl/M58YCwWmhq4Pd7C cmDyNgHZz09IKxf/BL++uA== 0001019056-09-000898.txt : 20090911 0001019056-09-000898.hdr.sgml : 20090911 20090911163723 ACCESSION NUMBER: 0001019056-09-000898 CONFORMED SUBMISSION TYPE: SC 13D PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090911 DATE AS OF CHANGE: 20090911 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Almond Charles M CENTRAL INDEX KEY: 0001469091 FILING VALUES: FORM TYPE: SC 13D MAIL ADDRESS: STREET 1: PO BOX 2100 CITY: MILL VALLEY STATE: CA ZIP: 94941 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DESIGN WITHIN REACH INC CENTRAL INDEX KEY: 0001116755 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-FURNITURE & HOME FURNISHINGS [5020] IRS NUMBER: 943314374 STATE OF INCORPORATION: DE FISCAL YEAR END: 0103 FILING VALUES: FORM TYPE: SC 13D SEC ACT: 1934 Act SEC FILE NUMBER: 005-79980 FILM NUMBER: 091065688 BUSINESS ADDRESS: STREET 1: 225 BUSH STREET STREET 2: 20TH FLOOR CITY: SAN FRANCISCO STATE: CA ZIP: 94104 BUSINESS PHONE: 4156766500 MAIL ADDRESS: STREET 1: 225 BUSH STREET STREET 2: 20TH FLOOR CITY: SAN FRANCISCO STATE: CA ZIP: 94104 SC 13D 1 dwr_13d.txt SC 13D SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934* Design Within Reach, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) 250557105 (CUSIP Number) Charles Almond, Trustee for the Almond Family 2001 Trust P.O. Box 2100 Mill Valley, California 94941 (415) 388-6053 (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) September 2, 2009 (Date of Event which Requires Filing of this Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of ss.ss.240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. [ ] Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7 for other parties to whom copies are to be sent. * The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). SCHEDULE 13D CUSIP NO. 250557105 1 NAMES OF REPORTING PERSONS Charles M. Almond Trustee for the Almond Family 2001 Trust 2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [ ] (b) [X] 3 SEC USE ONLY 4 SOURCE OF FUNDS OO 5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) [ ] 6 CITIZENSHIP OR PLACE OF ORGANIZATION: USA NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH: 7 SOLE VOTING POWER 1,547,334 8 SHARED VOTING POWER 0 9 SOLE DISPOSITIVE POWER 1,547,334 10 SHARED DISPOSITIVE POWER 0 11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,547,334 12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW 11 EXCLUDES CERTAIN SHARES [ ] 13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 5.2% 14 TYPE OF REPORTING PERSON* IN 2 Item 1. Security and Issuer. The class of securities to which this statement relates is Common Stock (the "Common Stock") of Design Within Reach, Inc., a Delaware corporation (the "Issuer"). The address of the principal executive office of the Issuer is 225 Bush Street, 20th Floor, San Francisco, California 94104. Item 2. Identity and Background. Names of Person Filing: (a) This statement is filed on behalf of the Almond Family 2001 Trust, a Washington State trust (the "Trust") by its trustee Charles M. Almond (the "Reporting Person"). The Reporting Person has exclusive control over the investments made on behalf of the Trust. Beneficiaries are his children. (b) The Reporting Person's business address is P.O. Box 2100, Mill Valley, California 94941. (c) The Reporting Person is engaged principally in the investment business. (d) The Reporting Person has not, during the five years prior to the date hereof, been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors). (e) The Reporting Person has not, during the five years prior to the date hereof, been party to a civil proceeding of a judicial or administrative body of competent jurisdiction, as a result of which he was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violation with respect to such laws. (f) The Reporting Person is a citizen of the United States of America. The Trust is a Washington State trust. Item 3. Source and Amount of Funds or Other Consideration. The aggregate consideration paid by the Reporting Person for the shares of Common Stock covered by this statement was $638,114.31. The source of the funds for the payment of such consideration was the Trust's own funds. Item 4. Purpose of Transaction. The Reporting Person acquired the Common Stock for investment purposes. The Reporting Person intends to evaluate his investment in the Issuer on a continuing basis and may (a) acquire additional securities of the Issuer or dispose of some or all of the securities of the Issuer held by the Reporting Person; (b) propose an extraordinary corporate transaction, such as a merger, reorganization or liquidation involving the Issuer or any of its subsidiaries; (c) propose a sale or transfer of a material amount of assets of the Issuer or any its subsidiaries; (d) propose changes in the board of directors or management of the issuer, including proposals to change the number or term of directors or to fill vacancies on the board; 3 (e) propose other material changes in the capitalization of the Issuer; (f) propose other material changes in the Issuer's business or corporate structure; (g) propose changes in the Issuer's charter or bylaws or other actions which impede the acquisition of control of the issuer by any person; (h) propose a change in the trading markets for the Common Stock; (i) propose that the Common Stock become eligible for termination of registration pursuant to Section 12(g)(4) of the Act; and (j) take or propose actions similar to those enumerated above. Item 5. Interest in Securities of the Issuer. (a) As of the above date, the Reporting Person beneficially owns 1,547,334 shares, or 5.17%, of the outstanding Common Stock, based on the 29,906,243 shares of Common Stock outstanding on August 6, 2009 according to the Issuer's quarterly report on Form 10-Q for the quarter ended July 4, 2009. (b) The Reporting Person holds the power to vote or to direct the vote and to dispose or to direct the disposition of all shares beneficially owned by it. (c) During the sixty days preceding the filing of this statement, the Reporting Person purchased (sold) the following shares of Common Stock in the open market: Date Number of Shares Per share price --------- ---------------- --------------- 7/14/2009 5,000 $0.28 7/14/2009 5,000 $0.28 7/14/2009 4,794 $0.28 7/15/2009 84,260 $0.28 7/16/2009 5,000 $0.29 7/16/2009 946 $0.28 7/17/2009 14,754 $0.28 7/17/2009 5,000 $0.29 7/20/2009 500 $0.28 7/21/2009 57,750 $0.28 7/23/2009 4,187 $0.10 7/28/2009 (100) $0.12 7/29/2009 460,300 $0.10 8/20/2009 (57) $0.50 9/02/2009 150,000 $0.20 (d) Not applicable. (e) Not applicable. 4 Item 6. Contracts, Arrangements, Understandings or Relationships with respect to Securities of the Issuer Except as indicated in this Schedule 13D, there is no contract, arrangement, understanding or relationship between the Reporting Person and any other person with respect to any securities of the Company. Item 7. Material to be Filed as Exhibits: None. 5 SIGNATURES After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct. Dated: September 11, 2009 /s/ Charles M. Almond ----------------------------------------- Name: Charles M. Almond Title: Trustee for the Almond Family 2001 Trust 6 -----END PRIVACY-ENHANCED MESSAGE-----