City Room: Cuomo Declares Public Health Emergency Over Flu Outbreak

With the nation in the grip of a severe influenza outbreak that has seen deaths reach epidemic levels, New York State declared a public health emergency on Saturday, making access to vaccines more easily available.

There have been nearly 20,000 cases of flu reported across the state so far this season, officials said. Last season, 4,400 positive laboratory tests were reported.

“We are experiencing the worst flu season since at least 2009, and influenza activity in New York State is widespread, with cases reported in all 57 counties and all five boroughs of New York City,” Gov. Andrew M. Cuomo said in a statement.

Under the order, pharmacists will be allowed to administer flu vaccinations to patients between 6 months and 18 years old, temporarily suspending a state law that prohibits pharmacists from administering immunizations to children.

While children and older people tend to be the most likely to become seriously ill from the flu, Mr. Cuomo urged all New Yorkers to get vaccinated.

On Friday, the Centers for Disease Control and Prevention in Atlanta said that deaths from the flu had reached epidemic levels, with at least 20 children having died nationwide. Officials cautioned that deaths from pneumonia and the flu typically reach epidemic levels for a week or two every year. The severity of the outbreak will be determined by how long the death toll remains high or if it climbs higher.

There was some evidence that caseloads may be peaking, federal officials said on Friday.

In New York City, public health officials announced on Thursday that flu-related illnesses had reached epidemic levels, and they joined the chorus of authorities urging people to get vaccinated.

“It’s a bad year,” the city’s health commissioner, Dr. Thomas A. Farley, told reporters on Thursday. “We’ve got lots of flu, it’s mainly type AH3N2, which tends to be a little more severe. So we’re seeing plenty of cases of flu and plenty of people sick with flu. Our message for any people who are listening to this is it’s still not too late to get your flu shot.”

There has been a spike in the number of people going to emergency rooms over the past two weeks with flulike symptoms – including fever, fatigue and coughing – Dr. Farley said.

Mayor Michael R. Bloomberg and Mr. Cuomo made a public display of getting shots this past week.

In a briefing with reporters on Friday, officials from the C.D.C. said that this year’s vaccine was effective in 62 percent of cases.

As officials have stepped up their efforts encouraging vaccinations, there have been scattered reports of shortages. But officials said plenty of the vaccine was available.

According to the C.D.C., makers of the flu vaccine produced about 135 million doses for this year. As of early this month, 128 million doses had been distributed. While that would not be enough for every American, only 37 percent of the population get a flu shot each year.

Federal health officials said they would be happy if that number rose to 50 percent, which would mean that there would be more than enough vaccine for anyone who wanted to be immunized.

Two other diseases – norovirus and whooping cough – are also widespread this winter and are contributing to the number of people getting sick.

The flu can resemble a cold, though the symptoms come on more rapidly and are more severe.

A version of this article appeared in print on 01/13/2013, on page A21 of the NewYork edition with the headline: New York Declares Health Emergency.

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Illinois' 'fracking' future fractured

Thousands of landowners downstate have sold their rights to drill for oil and natural gas for upfront fees ranging from $50 to $350 per acre, plus a cut of the profits.

Others are fighting to prevent the drilling out of fear that they could be exposed to drinking water contamination, earthquakes, toxic gases and industrialization.

In the middle of this battle are Illinois legislators who have yet to pass laws to deal with horizontal hydraulic fracturing, better known as fracking. The issue is expected to be taken up again this year.

Horizontal hydraulic fracturing has opened up vast reserves of natural gas deposits in the U.S. that until now were impossible to tap. The drilling technique uses pressurized sand, water and chemicals to crack open layers of rock that trap such fuels hundreds or thousands of feet below ground.

The stampede to unleash such fuels has been compared to the Gold Rush of the 1840s. And in addition to the money being made by landowners in selling drilling rights, the fracking rush has brought jobs to other parts of the country.

"Other states have found the way to find the sweet spot to protect the environment and bring jobs; we should not miss that boat," said Tom Wolf, executive director of the Energy Council at the Illinois Chamber of Commerce.

For people desperate for jobs, a shale gas boom downstate can't come soon enough. Many counties are dealing with unemployment rates that top 10 percent.

Proponents of fracking hope to inject new life into areas of the state where a once-vibrant coal industry has declined precipitously. At the same time, there's a fear drilling will never begin unless the companies that want to extract the gas know what regulatory risks they face.

"If legislation doesn't pass at some point this year, from the state's perspective the risk is that the industry might invest elsewhere in other states that have more favorable conditions to invest in and develop these sorts of wells," said Leonard Kurfirst, a partner at Edwards Wildman Palmer LLP in Chicago who practices environmental law, chemical product liability litigation and regulatory compliance.

The state has laws to deal with gas and oil wells, but those regulations date to 1983 — before modern horizontal drilling techniques were used.

Without meaningful regulation, some landowners are learning that their property rights don't necessarily extend to what's buried beneath the surface. Some have found that their mineral rights were sold years before or that if enough neighbors give permission to drill, they can be forced to join them. Others, who want to test their drinking water for the presence of fracking chemicals, are learning they could be denied access to such information if companies claim it's proprietary.

Commonly referred to as the New Albany shale play, the gas lies in the Illinois basin, a 60,000-square-mile area that encompasses parts of Illinois, Indiana and Kentucky. The U.S. Energy Information Administration estimates New Albany holds 11 trillion cubic feet of shale gas, approximately enough to meet the needs of about 5 million households for 30 years, according to the American Gas Association.

Hydraulic fracturing has been around for more than 60 years, but the modern methods that have led to the shale gas boom were not used until the turn of this century. Unlike vertical wells of the past, modern horizontal wells vastly multiply the exploitable area of a well and involve more chemicals and water.

According to the Colorado Oil and Gas Conservation Commission, about 250,000 gallons might be used to frack a vertical well compared with as much as 5 million gallons to frack a horizontal well.

Southern Illinoisans Against Fracturing Our Environment (SAFE) is one of several organizations and environmental groups that want a moratorium on fracking in Illinois until a task force looks into the risks associated with hydraulic fracturing and recommends what kinds of regulations need to be in place.

The Illinois Chamber of Commerce is among those opposed to SAFE's proposal, which is similar to what New York state adopted with a four-year-old moratorium that has stalled natural gas development efforts.

"There is no energy source that is perfect for the environment or the economy. If there was, we would be using it," Wolf said.

Without regulations in place, a tacit moratorium already exists, Wolf said, explaining that drillers won't go forward with wells only to learn later that they face environmental regulations, new taxes or other unexpected hurdles.

The chamber released a study last month from David Loomis, a professor of economics at Illinois State University and director of the Center for Renewable Energy, estimating that downstate fracking could create 1,000 to 47,000 direct and indirect jobs depending on how many wells were drilled and what level of local resources were used.

Opponents countered that such jobs studies tend to be overly optimistic and don't take into account harmful environmental and quality-of-life issues that could come with fracking.

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14-year-old, 15-year-old killed in separate shootings

Chicago Tribune reporter Adam Sege with an update on the shootings in Chicago that killed two teenage boys. (Posted Jan. 12th, 2013)

Two gunmen shot a 14-year-old boy several times Friday night as he stood on his porch, leaving him to die in the front hallway of his Humboldt Park home, authorities said.

The shooting came just hours after a 15-year-old boy was fatally shot in a separate attack in the Little Village neighborhood. Including both homicides, at least six teens were shot since Friday afternoon, according to police.

In the Humboldt Park shooting, two male shooters opened fire about 11:50 p.m. in the 2400 block of West Augusta Boulevard, striking the boy multiple times in the chest, Chicago Police Department News Affairs Officer Amina Greer said.

Immediately following the shooting, a car sped down the street in reverse and took off, a neighbor said.

It appeared the boy, later identified by the Cook County medical examiner's office as Rey Dorantes of the 2400 block of West Augusta Boulevard, managed to take a couple of steps before collapsing. When paramedics arrived, he was lying just inside the home, bleeding from several bullet wounds, police said. He died at the scene.

Police found blood on the front steps and more than half a dozen shell casings on the sidewalk.

The high school freshman had been talking on a cellphone in front of his home just moments before shots rang out, his stepmother said.

The shooting may have been gang-related, police sources said. Family and friends on the scene, however, said the victim avoided gangs and spent his free time listening to music and riding his bicycle.

He'd thrown himself into a school program offering experience in a local bike shop -- a program designed, his mother said, to keep kids away from the type of violence that ended his life.

The boy would have turned 15 on Tuesday, said his stepmother Jo Ann Tenev.

"Now he's not even going to see his 15th birthday," she said, crying.

Neighbors returning home stared at squad cars and crime scene tape blocking the street of two- and three-story brick homes.

On the sidewalk near the crime scene, the father of one of the boy's friends sobbed as he paced near a group of somber teenagers.

When a neighbor asked him what had happened, his answer was brief.

"A little boy just got murdered," he said.

In the Little Village shooting, a shooter walked up to the 15-year-old about 6:40 p.m. in the 2600 block of South Ridgeway Avenue, News Affairs Officer John Mirabelli said.

The shooter shouted a gang slogan and opened fire, striking the 15-year-old in the torso, Mirabelli said, citing preliminary information.

The boy was taken to Mount Sinai Hospital, where he was pronounced dead at 7:19 p.m., according to the Cook County medical examiner's office.

The medical examiner's office identified him as Victor Vega, of the 2600 block of South Central Park Avenue.

No suspects are in custody in either shooting as detectives investigate.

asege@tribune.com

Twitter: @AdamSege

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Microsoft may have exited gadget show prematurely

LAS VEGAS (AP) — Microsoft may have relinquished its starring role in America’s gaudiest gadget show a year too early.

After 13 straight years in the spotlight, Microsoft’s decision to scale back its presence at this week’s International CES deprived the software maker of a prime opportunity to explain and promote a new generation of redesigned computers running its radically remade Windows operating system.

The missed chance comes at a time when Microsoft Corp. could use a bully pulpit to counter perceptions that Windows 8 isn’t compelling enough to turn the technological tide away from smartphones and tablets running software made by Apple Inc. and Google Inc.

“They needed to be at this show in a very big way to show the progress they have made and what is it about 2013 that is going to make consumers really gravitate toward a Windows 8 machine,” said technology industry analyst Patrick Moorhead.

Since Windows 8 went on sale in late October, there has been little evidence to suggest the operating system will lift the personal computer industry out of a deepening downturn. Worldwide PC shipments during the final three months of last year dropped 6 percent from the same period in 2011, according to the research firm International Data Corp. The dip occurred despite the bevy of Windows 8 laptops and desktop machines that were on sale during the holiday shopping season.

Microsoft, though, insists things worked out at just fine during CES, even though it didn’t have a booth and only had a smattering of executives at the sprawling trade show, which drew some 156,000 people to Las Vegas.

The company, which is based in Redmond, Wash., decided it no longer makes sense to invest as much time and money in CES as it once did. The company says the show’s early January slot doesn’t mesh with the timing of its major product releases. Windows 8, for instance, was still more than nine months away from hitting the market when Microsoft CEO Steve Ballmer kicked off last year’s CES with a keynote address that was billed as the company’s swan song at the show.

“We are very comfortable with our decision,” Microsoft spokesman Frank Shaw said. “It has been a productive show for us this year.”

Microsoft’s retreat from CES puzzled some attendees curious about Windows 8. For instance, when Michael Sullivan showed up at computer maker Asus’ booth, which was stocked with Windows 8 computers, there was no one around to discuss the machines or the software.

“This is unusual,” said Sullivan, CEO of computer sales firm Spec 4 International Inc. “I don’t understand why a successful company isn’t bringing executives here.”

Asus invited some CES attendees to learn more about Windows 8 at a nearby hotel, away from the show’s main trade show. Asus has left its booth unmanned in previous years at CES, but the void wasn’t as noticeable when Microsoft’s own representatives were canvassing the floor.

NPD DisplaySearch analyst Richard Shim thought Microsoft should have had more people helping to staff its partners’ booths because, he said, no one understands how Windows 8 works better than the company that made it.

“Whenever you have a new product rolling out, it’s always helpful to communicate your message directly as opposed to counting on your partners,” Shim said.

Microsoft elected to curtail its CES presence largely because the show’s marketing value has diminished. In recent years, companies such as Apple and Google have shown that they can command more attention by holding their own exclusive events to unveil products just before they go on sale. Neither Apple nor Google had a major presence at CES.

In a sign that it is embracing its rivals’ strategy, Microsoft staged separate events last year in Los Angeles and New York to unveil Surface, a Windows-powered tablet computer, and Windows 8.

Nevertheless, both Shim and Moorhead believe would have been better off waiting until after this year’s CES to surrender its top billing on the marquee. That way, Ballmer could have used this year’s opening CES keynote to talk about Windows 8′s advantages as a finished product.

“Ballmer could have talked about the operating system more completely and built more hype around it, especially since Microsoft has been getting beaten up so far over Windows 8′s performance,” Shim said.

When Ballmer ended Microsoft’s 13-year streak of kicking off CES, he was only able to provide a peek at a makeover of the operating system that was still months away from being completed.

Microsoft touts Windows 8 as a breakthrough that will enable people to straddle the divide between personal computers and tablets. The revamped operating system is built to respond to the touch of a finger so it can work on tablet computers while still retaining the ability to respond to commands from keyboards and mice on laptop and desktop machines. To take advantage of Windows 8′s versatility, many PC makers are building convertible devices that can work as a tablet or a laptop.

But reviews of the new operating system have been lukewarm. Critics have been panning it as too confusing and cumbersome.

Microsoft used part of a CES technology forum presented by J.P. Morgan to try to build more enthusiasm. The company revealed that 60 million copies of Windows 8 have been sold so far, putting it on the same pace as the previous version — Windows 7 — at the same juncture of its release. But it’s unclear how many of those Windows 8 licenses are installed on computers that are still sitting in stores or warehouses.

Investors have been so unimpressed with the reception to the new Windows products that Microsoft’s stock price has slipped 4 percent since the operating system’s Oct. 26 release. Meanwhile, the bellwether Standard & Poor’s 500 index has gained 4 percent. Microsoft’s stock closed Friday at $ 26.83, up 37 cents.

A clearer picture of the early reception to Windows 8 may emerge Jan. 24 when Microsoft is scheduled to report its earnings for the three months spanning the holiday shopping season.

Although he wasn’t the main attraction, Ballmer made a cameo appearance during Qualcomm Inc. CEO Paul Jacobs’ opening address at this year’s show.

Ballmer’s acceptance of Qualcomm’s invitation to join Jacobs on stage surprised some people because Qualcomm has emerged as a threat to Intel Corp., a longtime Microsoft ally that makes most of the processors in Windows computers. Instead of touting Windows 8, Ballmer spent his time hailing a streamlined version of the operating system, dubbed Windows RT, which runs on tablets using processors that rely on technology designed by ARM, another Intel rival.

Microsoft’s top executive in charge of technical strategy appeared on stage at Samsung Electronics’ invitation to reveal a Windows phone featuring a flexible color display. The electronics of the phone are in a little box, and the thin, bendable screen is attached to it, looking much like a piece of paper.

That left Intel and other Microsoft partners, including PC makers Samsung, Sony, Asus, Acer and Hewlett-Packard Co., to do most of the boasting about Windows 8 at their own CES booths.

“Our partners are doing that very effectively,” Shaw said. “You couldn’t walk through the (CES) floor without seeing people doing really interesting things with Windows 8.”

But there were other times when it appeared Microsoft’s partners could have used some help.

Sony exhibitor John Guzman, for instance, seemed stumped when an Associated Press reporter visited the company’s CES booth and asked whether a machine running Windows 8 or the more advanced Windows 8 Pro would be a better fit for journalistic work.

“That is more of a Microsoft question,” Guzman said, adding that no Microsoft representatives were around.

___

Liedtke reported from San Francisco. AP Technology Writer Peter Svensson contributed to this story.

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Simon Rattle to quit Berlin Philharmonic in 2018

BERLIN (Reuters) – Renowned British conductor Simon Rattle said on Thursday he would step down as head of the prestigious Berlin Philharmonic in 2018 when his current contract with the orchestra expires and before he turns 64.

“In 2018 I will be nearly 64 years old,” the 57-year-old said in a statement on the Philharmonic’s website. “As a Liverpool boy, it is impossible not to think of the Beatles’ question ‘Will you still need me… when I’m 64?’” he joked.

“This was not an easy decision. I love this orchestra and therefore wanted to tell them my decision as early as possible.”

Rattle, known for his youthful energy, his readiness to take risks and his mop of curly grey hair, took over the Berlin Philharmonic, one of the world’s leading orchestras, in 2002.

The first Briton to hold a post previously associated with such giants of German music as Herbert von Karajan, Rattle has sometimes upset music traditionalists in his adopted land with his love of experimentation and his unorthodox approach.

Rattle has described his sometimes turbulent relationship with the Berlin Philharmonic as “a love affair”.

Critics have accused him of lacking appropriate German gravitas in such a high-profile cultural role and of caring more about the public image of the orchestra than about the music.

But his many supporters have welcomed efforts to reach out to new audiences as well as his success in forging relations with other orchestras around the world, including Venezuela’s Simon Bolivar Youth Orchestra.

“With his outstanding musicality and creativity he has filled new listeners with enthusiasm for the orchestra every day and has shaped the national and international perception of the Berliner Philharmonic as a vital cultural ambassador for Berlin,” said Martin Hoffmann, the orchestra’s general manager.

Rattle, who studied at the Royal Academy of Music in London, worked as conductor of the Birmingham Symphony Orchestra in central England for 18 years before moving to Berlin.

(Reporting by Gareth Jones; editing by Mike Collett-White)

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Former Lab Technician Denies Faulty DNA Work in Rape Cases

A former New York City laboratory technician whose work on rape cases is now being scrutinized for serious mistakes said on Friday that she had been unaware there were problems in her work and, disputing an earlier report, denied she had resigned under pressure.

The former lab technician, Serrita Mitchell, said any problems must have been someone else’s.

“My work?” Ms. Mitchell said. “No, no, no, not my work.”

Earlier, the city medical examiner’s office, where Ms. Mitchell said she was employed from 2000 to 2011, said it was reviewing 843 rape cases handled by a lab technician who might have missed critical evidence.

So far, it has finished looking over about half the cases, and found 26 in which the technician had missed biological evidence and 19 in which evidence was commingled with evidence from other cases. In seven cases where evidence was missed, the medical examiner’s office was able to extract a DNA profile, raising the possibility that detectives could have caught some suspects sooner.

The office declined to identify the technician. Documents said she quit in November 2011 after the office moved to fire her, once supervisors had begun to discover deficiencies in her work. A city official who declined to be identified said Ms. Mitchell was the technician.

However, Ms. Mitchell, reached at her home in the Bronx on Friday, said she had never been told there were problems. “It couldn’t be me because your work gets checked,” she said. “You have supervisors.”

She also said that she had resigned because of a rotator cuff injury that impeded her movement. “I loved the job so much that I stayed a little longer,” she said, explaining that she had not expected to stay with the medical examiner’s office so long. “Then it was time to leave.”

Also on Friday, the Legal Aid Society, which provides criminal defense lawyers for most of the city’s poor defendants, said it was demanding that the city turn over information about the cases under review.

If needed, Legal Aid will sue the city to gain access to identifying information about the cases, its chief lawyer, Steven Banks, said, noting that New York was one of only 14 states that did not require routine disclosure of criminal evidence before trial.

Disclosure of the faulty examination of the evidence is prompting questions about outside review of the medical examiner’s office. The City Council on Friday announced plans for an emergency oversight committee, and its members spoke with outrage about the likelihood that missed semen stains and “false negatives” might have enabled rapists to go unpunished.

“The mishandling of rape cases is making double victims of women who have already suffered an indescribably horrific event,” said Christine C. Quinn, the Council speaker.

A few more details emerged Friday about a 2001 case involving the rape of a minor in Brooklyn, in which the technician missed biological evidence, the review found. The victim accused an 18-year-old acquaintance of forcing himself on her, and he was questioned by the police but not charged, according to a law enforcement official.

Unrelated to the rape, he pleaded guilty in 2005 to third-degree robbery and served two years in prison. The DNA sample he gave in the robbery case was matched with the one belatedly developed from evidence the technician had overlooked in the 2001 rape, law enforcement officials said. He was recently indicted in the 2001 rape.

Especially alarming to defense lawyers was the possibility that DNA samples were cross-contaminated and led to false convictions, or could do so in the future.

“Up to this point,” Mr. Banks said, “they have not made information available to us, as the primary defender in New York City, to determine whether there’s an injustice that’s been done in past cases, pending cases, or allowing us to be on the lookout in future cases.” He added, “If it could happen with one analyst, how does anyone know that it stops there?”

The medical examiner’s office has said that the risk of cross-contamination was extremely low and that it does not appear that anyone was wrongly convicted in the cases that have been reviewed so far. And officials in at least two of the city’s district attorneys’ offices — for Brooklyn and Manhattan — said they had not found any erroneous convictions.

But Mr. Banks said the authorities needed to do more, and that their statements thus far were the equivalent of “trust us.”

“Given what’s happened,” he said, “that’s cold comfort.”

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The story behind Tribune's broken deal

At the end of 2007, real estate tycoon Sam Zell took control of Tribune Co. in a deal that promised to re-energize the media conglomerate. But the company struggled under the huge debt burden the deal created, and less than a year later, it filed for bankruptcy.

One of Chicago's most iconic companies — parent to the Chicago Tribune — was propelled into a protracted and in many ways unprecedented odyssey through Chapter 11 reorganization.

On Dec. 31, after four years, Tribune Co. finally emerged from court protection under new ownership, but at a heavy cost. The company's value was diminished, its reputation was tarnished and its ability to respond to market opportunities during its long bankruptcy was constrained.

Tribune Co.'s bankruptcy saga began as an era of superheated Wall Street deal-making fueled by cheap money was coming to an end. The company's tale is emblematic of the American financial crisis itself, in which a seemingly insatiable appetite for speculative risk using exotic investment instruments helped trigger an economic collapse of historic proportions.

Tribune reporters Michael Oneal and Steve Mills, in a four-part series that begins today, tell the story of Tribune Co.'s journey into and through bankruptcy, throwing a spotlight on the key decisions and missed opportunities that marked a perilous time in the history of the company, the media industry and the economy.

Read the full story, "Part one: Zell's big gamble," as a digitalPLUS member.
To view videos and photos and for a look at the rest of the series visit, chicagotribune.com/brokendeal.

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Judge OKs exhumation of body of lottery winner

Meraj Khan, the sister of Urooj Khan, leaves court today after Judge Susan Coleman gave a quick OK to exhume her brother's body at Rosehill Cemetery on Chicago's North Side. (Antonio Perez, Chicago Tribune / January 11, 2013)

By Jason Meisner




Tribune reporter

12:02 p.m. CST, January 11, 2013

The Cook County medical examiner’s office tentatively plans to exhume the body of the million-dollar lottery winner who died of cyanide poisoning on Thursday, a spokeswoman says.

Mary Paleologos, the spokeswoman, said an autopsy of Ureej Khan’s remains would follow on Friday.

Paleologos said the details were still being worked and that a formal announcement would be made later today.

Chief Medical Examiner Stephen J. Cina is expected to hold a news conference after the autopsy has been finished, Paleologos said, but the final results of the examination likely won’t be available until all the tests have been completed.

Khan’s death is being investigated as a homicide after comprehensive toxicological tests showed he had lethal levels of cyanide in his blood.

Earlier today, Judge Susan Coleman gave a quick OK to the request by the medical examiner’s office to exhume the body at Rosehill Cemetery on Chicago’s North Side.

Court papers said the body was not embalmed, leading prosecutors to indicate that it was “critical” to arrange for the remains to be exhumed as soon as possible.

In an affidavit, Cina said it was necessary to do a full autopsy to “further confirm the results of the blood analysis as well as to rule out any other natural causes that might have contributed to or caused Mr. Khan’s death.”

jmeisner@tribune.com

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Sprint confirms it will launch BlackBerry 10 later this year

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Seattle bankruptcy hearing to decide Tully’s sale

SEATTLE (AP) — The auction for beleaguered coffee company Tully’s will likely conclude Friday in federal bankruptcy court, with an ownership group led by actor Patrick Dempsey in position to take over the chain. But Starbucks isn’t’ out of the running.

Dempsey — dubbed “McDreamy” in the “Grey’s Anatomy” hospital TV drama — claimed victory last week after an auction.

But a company that teamed up with Starbucks to bid for the Tully’s chain filed an objection Wednesday. AgriNurture Inc. says it’s still willing to proceed with its combined bid with Starbucks of about $ 10.6 million. The bid from Dempsey’s company, Global Baristas LLC, was for $ 9.2 million.

Tully’s has 47 shops in Washington and California with more than 500 employees. It filed for Chapter 11 bankruptcy protection in October.

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