SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
OMB APPROVAL
OMB Number: 3235-0287
Estimated average burden
hours per response: 0.5
  
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
HEESCHEN PAUL C

(Last) (First) (Middle)
450 NEWPORT CENTER DRIVE
SUITE 450

(Street)
NEWPORT BEACH CA 92660

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
DIEDRICH COFFEE INC [ DDRX ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X Director X 10% Owner
X Officer (give title below) Other (specify below)
Exec. Chairman of the Board
3. Date of Earliest Transaction (Month/Day/Year)
05/05/2010
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
Form filed by One Reporting Person
X Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 05/05/2010 G V 112,860(1) D $0 921 D(2)
Common Stock 1,558,158 I By Sequoia Enterprises, L.P.(3)
Common Stock 321,854 I By D.C.H., L.P.(4)
Common Stock 450,000 I By WF Trust(5)
Common Stock 250 I By Paul C. Heeschen Revocable Living Trust(6)
Common Stock 05/06/2010 G V 50,000(7) D $0 921 D(2)
Common Stock 1,508,158 I By Sequoia Enterprises, L.P.(3)
Common Stock 321,854 I By D.C.H., L.P.(4)
Common Stock 450,000 I By WF Trust(5)
Common Stock 250 I By Paul C. Heeschen Revocable Living Turst(6)
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
1. Name and Address of Reporting Person*
HEESCHEN PAUL C

(Last) (First) (Middle)
450 NEWPORT CENTER DRIVE
SUITE 450

(Street)
NEWPORT BEACH CA 92660

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
X Director X 10% Owner
X Officer (give title below) Other (specify below)
Exec. Chairman of the Board
1. Name and Address of Reporting Person*
Sequoia Enterprises, L.P.

(Last) (First) (Middle)
450 NEWPORT CENTER DRIVE
SUITE 450

(Street)
NEWPORT BEACH CA 92660

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
Explanation of Responses:
1. On May 5, 2010, 112,860 of the shares of common stock beneficially owned by Mr. Heeschen were transferred to charity, consisting of 38,573 shares of common stock held directly by Mr. Heeschen (which consists of 12,859 shares of common stock transferred by Sequoia Enterprises, L.P. ("Sequoia") and 25,714 shares of common stock transferred by D.C.H., L.P. ("D.C.H.") to Mr. Heeschen immediately prior to such transfer to charity), 2,587 shares of common stock held directly by Sequoia, and 71,700 shares of common stock held directly by D.C.H.
2. These shares are owned directly by Mr. Heeschen.
3. These shares are owned directly by Sequoia, a greater than 10% percent owner of the issuer, and indirectly by Mr. Heeschen, the sole general partner of Sequoia with sole voting and investing power as to all of the shares held by Sequoia. Mr. Heeschen is also the Executive Chairman of the Board of Directors of the issuer.
4. These shares are owned indirectly by Mr. Heeschen as the sole general partner of D.C.H. with sole voting and investment power as to all of the shares held by D.C.H.
5. These shares are owned indirectly by Mr. Heeschen as the sole trustee with sole voting and investing power as to all of the shares held by WF Trust.
6. These shares are owned indirectly by Mr. Heeschen as the sole trustee with sole voting and investing power as to all of the shares held by the Paul C. Heeschen Revocable Living Trust.
7. On May 6, 2010, 50,000 of the shares of common stock beneficially owned by Mr. Heeschen were transferred to charity, consisting completely of shares of common stock held directly by Sequoia.
/s/ Paul C. Heeschen 05/07/2010
Paul C. Heeschen as General Partner, Sequoia Enterprises, L.P. 05/07/2010
** Signature of Reporting Person Date
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).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.