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To: Jeffrey S. Mitchell who wrote (92153)8/15/2005 9:03:22 AM
From: scion  Respond to of 122087
 
SCHEDULE 13D OVERSTOCK.COM, INC.
February 4, 2005

secinfo.com

Item 5. Interest in Securities of the Issuer

Item 5 of the Original 13D is supplemented as follows:

As set forth herein, Dr. Byrne beneficially owns 6,811,855 Shares, which represent 34.4% of the outstanding Shares, based upon the number of Shares outstanding as of the most recent practicable date, and calculated in accordance with Rule 13d-3. Dr. Byrne shares voting and dispositive power over 5,727,261 Shares with High Plains Investments LLC and Haverford Valley L.C., and shares voting and dispositive power over 201,693 Shares with High Plains Investments LLC, Haverford Valley L.C. and High Meadows Finance L.C. Dr. Byrne disclaims beneficial ownership of the Shares held by High Plains Investments LLC, High Meadows Finance L.C. and all other persons except to the extent of his pecuniary interest in each entity, respectively. Dr. Byrne has sole voting and dispositive power over 1,084,594 Shares, including 129,994 Shares subject to unexercised options.

As set forth herein, High Plains Investments LLC beneficially owns 5,727,261 Shares, which represent 28.9% of the outstanding Shares, based upon the number of Shares outstanding as of the most recent practicable date, and calculated in accordance with Rule 13d-3. High Plains Investments LLC shares voting and dispositive power over such 5,727,261 Shares with Dr. Byrne and Haverford-Valley L.C.

As set forth herein, Haverford-Valley L.C., as Manager of High Plains Investments LLC, beneficially owns 5,727,261 Shares, which represent 28.9% of the outstanding Shares, based upon the number of Shares outstanding as of the most recent practicable date, and calculated in accordance with Rule 13d-3. Haverford-Valley L.C., as Manager of High Plains Investments, LLC, shares voting and dispositive power over such 5,727,261 Shares with Dr. Byrne and High Plains Investments LLC.

By providing the information contained herein, the reporting persons do not admit the existence of any "group" for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and each reporting person hereby disclaims membership in any such group.

No transactions in the Shares were effected by any of the reporting persons in the last sixty days except that the reporting persons acquired beneficial ownership of 20,000 of the Shares described herein in open market purchases on the Nasdaq National Market System as described on Exhibit A to this Amendment.



To: Jeffrey S. Mitchell who wrote (92153)8/15/2005 9:25:01 AM
From: scion  Respond to of 122087
 
C-Liquidating Trust

Byrne Patrick Michael · Form 4 · Overstock Com Inc · For 8/9/5

secinfo.com
...

4. 20,000 shares previously reported as acquired by High Plains Investments LLC was actually acquired by the C Liquidating Trust, a wholly owned subsidiary of High Plains Investments LLC.

secinfo.com



To: Jeffrey S. Mitchell who wrote (92153)8/15/2005 12:34:48 PM
From: scion  Read Replies (1) | Respond to of 122087
 
Overstock Com Inc · DEF 14A · For 4/26/5
secinfo.com

SHARE OWNERSHIP OF MANAGEMENT, DIRECTORS AND 5% STOCKHOLDERS
Notes

(1)
Includes 629,536 shares issuable upon exercise of currently exercisable warrants.
Patrick M. Byrne, our President and Chairman of our Board of Directors, holds 100% of the voting interest in and controls High Plains Investments LLC.
These shares also include 201,693 shares held by High Meadows Finance L.C.

High Plains Investments LLC disclaims beneficial ownership of the shares held by High Meadows Finance L.C. to the extent it does not exercise voting or dispositive control over the shares held by High Meadows Finance L.C.

(2)
Ms. Byrne's shares include 4,414 shares issuable upon exercise of currently exercisable warrants.
Ms. Byrne's shares also include
365,107 shares held by Haverford-Utah, LLC;
50,361 shares issuable upon exercise of currently exercisable warrants held by Haverford-Utah, LLC;
201,693 shares held by High Meadows Finance L.C.;
523,545 shares held by John J. Byrne Jr.; and
92,850 shares issuable upon exercise of currently exercisable warrants held by John J. Byrne Jr.; and
5,000 shares issuable upon exercise of all outstanding options held by John J. Byrne Jr.

Ms. Byrne disclaims beneficial ownership of the shares held by Haverford-Utah, LLC; and High Meadows Finance L.C. except to the extent of her pecuniary interest in each entity respectively.
Ms. Byrne also disclaims beneficial ownership of the shares held by John J. Byrne Jr. to the extent she does not exercise voting or dispositive control over the shares held by John J. Byrne Jr.

(3)
John J. Byrne Jr.'s shares include 92,850 shares issuable upon exercise of currently exercisable warrants.

Mr. Byrne's shares also include:
365,107 shares held by Haverford-Utah, LLC and
50,361 shares issuable upon exercise of currently exercisable warrants held by Haverford-Utah, LLC; 201,693 shares held by High Meadows Finance L.C.;
32,765 shares held by Dorothy Byrne;
4,414 shares issuable upon exercise of currently exercisable warrants held by Dorothy Byrne; and
5,000 shares issuable upon exercise of all outstanding options.

Mr. Byrne disclaims beneficial ownership of the shares held by Haverford-Utah, LLC and High Meadows Finance L.C. except to the extent of his pecuniary interest in each entity, respectively.

Mr. Byrne also disclaims beneficial ownership of the shares held by Dorothy Byrne to the extent he does not exercise voting or dispositive control over the shares held by Dorothy Byrne.

(4)
Patrick M. Byrne's shares include 158,788 shares issuable upon exercise of outstanding options.
Patrick M. Byrne's shares also include
5,707,261 shares held by High Plains Investments LLC;
629,536 shares issuable upon exercise of currently exercisable warrants held by High Plains Investments LLC; and
201,693 shares held by High Meadows Finance L.C.

Dr. Byrne disclaims beneficial ownership of the shares held by High Plains Investments LLC and High Meadows Finance L.C. except to the extent of his pecuniary interests in each entity respectively.



To: Jeffrey S. Mitchell who wrote (92153)8/15/2005 2:10:04 PM
From: scion  Read Replies (2) | Respond to of 122087
 
08/01/2005 Eydeas Technology v. Overstock.com 2:05-cv-00645-TS
Judge: Stewart
Cause: 28:1332 Diversity-Other Contract
Nat Suit: Contract: Other

utd.uscourts.gov

1. Why has Overstock.com not disclosed the lawsuit recently filed in the U.S. Court for the District of Utah by a Canadian company called Eydeas Technology asking for, among other things, “a permanent injunction prohibiting Overstock from utilizing the software solutions which Eydeas licensed to Ski-West.”? According to the complaint, Eydeas’ software engine is fairly important to the Ski-West offering, for which Overstock recently paid $25 million in cash.

jeffmatthewsisnotmakingthisup.blogspot.com