'Texas Chainsaw 3D' is strong No. 1; 'Promised Land' disappoints

"Texas Chainsaw 3D" easily sliced through the competition at the box office this weekend — not that its rivals were particularly threatening.

As the only new film to hit theaters nationwide, the reboot of the 1974 horror flick only had to contend with a handful of movies that have been out for weeks. Still, the low-budget movie did better than expected, collecting a robust $23 million during its opening weekend, according to an estimate from distributor Lionsgate.

Heading into the weekend, pre-release audience polling suggested that "The Hobbit: An Unexpected Journey" would claim No. 1 for the fourth consecutive weekend, while "Chainsaw" looked poised to finish second with around $16 million. Instead, Peter Jackson's film grossed $17.5 million, raising its domestic total to $263.8 million.

PHOTOS: All-time box office leaders

Meanwhile, both "Django Unchained" and "Les Misérables crossed the $100-million milestone. Since being released on Christmas Day, Quentin Tarantino's film has sold $106.4 million, while the film version of the Broadway musical is up to $103.6 million. The continued performance of the movies helped to start the year off on a positive note, as ticket sales were up 7% compared with the same weekend in 2012.

"Texas Chainsaw 3D" is the sixth film to feature the villain Leatherface since the original horror film was released almost four decades ago. The new movie posted the second-highest opening of any "Chainsaw" film — not adjusting for inflation — behind 2003's "The Texas Chainsaw Massacre," the Jessica Biel film which ultimately sold a strong $80.6 million.

Financed by Avi Lerner's Millennium Pictures for about $20 million, "Texas Chainsaw 3D" is being distributed by Lionsgate. The movie — which has notched only a 23% fresh rating on the review aggregation site Rotten Tomatoes — received an average grade of C+ from opening-weekend moviegoers, according to market research firm CinemaScore. However, horror films often receive poor CinemaScores and still go on to do good business at the box office.

The film attracted a young audience, 64% of whom were under the age of 25. Of those in that age group, 1 out of 3 said the main reason they showed up to see the film was because the musical artist Trey Songz had a role in it. "Chainsaw" is the first film the 28-year-old Grammy nominee has starred in, and he has been heavily promoting the picture to his 5.6-million Twitter followers in recent weeks.

PHOTOS: Horror movie locations around Los Angeles

Also this weekend, the Matt Damon-John Krasinski collaboration "Promised Land" got off to a bad start. The environmental picture, which was co-written by and stars the actors, expanded from 25 theaters to 1,676 locations but brought in a lackluster $4.3 million.

The Focus Features production about a town with natural gas reserves only cost the studio and co-financier Participant Media about $15 million to produce. But with middling reviews and a B CinemaScore, it's a long shot that the film will end up being a hit even given its modest budget.

Another film that expanded this weekend was "The Impossible," the $40-million production about a family in the aftermath of the 2004 Thailand tsunami. Playing in 572 locations, the Summit Entertainment release collected a so-so $2.8 million. However, the picture is faring far better overseas. Already a hit in Spain, where its filmmaker hails from, the movie debuted in the United Kingdom this weekend and grossed $6.4 million. Overall, the movie has grossed $81.2 million abroad and $3.4 million in the U.S. and Canada.

ALSO:

The wizardry behind "The Impossible's" tsunami

'Texas Chainsaw 3D' to get nicked by 'Hobbit' at the box office

"Texas Chainsaw 3D" director: Leatherface abused, stunted, lethal

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Four killed, including gunman, at Aurora, Colo., townhome

Four people died at an Aurora, Colo., townhome early Saturday morning, including a gunman who barricaded himself inside for hours, police said.

Around 9 a.m., police said the suspect shot at officers from a second-story window. They returned fire, hitting the man. The suspect was pronounced dead in an upstairs bedroom.

Inside the home, police discovered two other men and one woman dead.

Another woman was able to escape early Saturday morning when she jumped from an upstairs window, and called police around 3 a.m., Aurora Police Sgt. Cassidee Carlson told the Denver Post. The woman, who escaped unharmed, told police she saw three bodies that "appeared lifeless," police said.

Several neighboring homes were evacuated and police sent out emergency notifications to neighbors at 3 a.m., KUSA-TV , an NBC affiliate, reported.

“After we arrived on scene, there were no more shots fired up until he fired at us,” Carlson told the Associated Press. “During this time he was all over the house. He moved furniture. He was throwing things. He was agitated. He was irrational.”

Aurora, a Denver suburb, is where a gunman killed 12 people and injured at least 70 others at a movie theater July 20.

[Updated at 1:41 p.m., Jan. 5: Carlson said in an email to the Los Angeles Times that there was no indication the four people had any connection to the theater shooting.]

Police said they told the suspect by phone and a bullhorn to exit the townhome. Police reached him by phone "intermittently" over several hours and the suspect hung up multiple times on hostage negotiators, police said.

Authorities did not release the name of the victims or suspect.

andrew.khouri@latimes.com

@khouriandrew

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Ohio sheriff confronts protesters in football rape case

STEUBENVILLE, Ohio (Reuters) – A county sheriff under fire for how he has handled a high school rape investigation faced down a raucous crowd of protesters on Saturday and said no further suspects would be charged in a case that has rattled Ohio football country.

Ma’lik Richmond and Trenton Mays, both 16 and members of the Steubenville High School football team, are charged with raping a 16-year-old fellow student at a party last August, according to statements from their attorneys.

Jefferson County Sheriff Fred Abdalla, accused of shielding the popular football program from a more rigorous investigation, told reporters no one else would be charged in the case, just moments after he addressed about 1,000 protesters gathered in front of the Jefferson County Courthouse.

“I’m not going to stand here and try to convince you that I’m not the bad guy,” he said to a chorus of boos. “You’ve already made your minds up.”

The “Occupy Steubenville” rally was organized by the online activist group Anonymous.

Abdalla declined to take the investigation over from Steubenville police, sparking more public outrage. Anonymous and community leaders say police are avoiding charging more of those involved to protect the school’s beloved football program.

The two students will be tried as juveniles in February in Steubenville, a close-knit city of 19,000 about 40 miles west of Pittsburgh.

The case shot to national prominence this week when Anonymous made public a picture of the purported rape victim being carried by her wrists and ankles by two young men. Anonymous also released a video that showed several other young men joking about an assault.

Abdalla, who said he first saw the video three days ago, said on Saturday that it provided no new evidence of any crimes.

“It’s a disgusting video,” he said. “It’s stupidity. But you can’t arrest somebody for being stupid.”

The protest’s masked leader, standing atop a set of stairs outside the courthouse doors, invited up to the makeshift stage anyone who was a victim of sexual assault. Protesters immediately flooded the platform, which was slightly smaller than a boxing ring.

Victims passed around a microphone, taking turns telling their stories. Some called for Abdalla and other local officials to step down from office for not charging more of the people and for what they called a cover-up by athletes, coaches and local officials.

Abdalla then climbed the stairs himself and addressed the protest over a microphone.

Abdalla said he had dedicated his 28-year career to combating sexual assault, overseeing the arrest of more than 200 suspects.

Clad in a teal ribbon symbolizing support for sexual assault victims, Abdalla later told Reuters that he stood by his decision to leave the investigation with local police. He would have had to question all 59 people that the Steubenville Police Department had already interviewed in its original investigation, he said.

“People have got their minds made up,” he said. “A case like this, who would want to cover any of it up?”

(Editing by Daniel Trotta and Eric Walsh)

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Missoni scion on plane missing in Venezuela

CARACAS, Venezuela (AP) — Rescue crews used boats and aircraft on Saturday to search for a small plane that disappeared off Venezuela carrying the CEO of Italy's iconic Missoni fashion house and five other people.

But more than a day after the BN-2 Islander aircraft disappeared from radar screens on its short flight from Venezuela's coastal resort islands of Los Roques to Caracas, no sign of the plane had been found, officials said.

"We have no other news" about the plane carrying Vittorio Missoni, the head of the company; his wife, Maurizia Castiglioni; two of their Italian friends; and two Venezuelan crew members, said Paolo Marchetti, a Missoni SpA official. He spoke briefly to reporters as he left company headquarters in the northern Italian town of Sumirago on Saturday afternoon.

Missoni's younger brother, Luca, who is active in the family-run business, was reportedly traveling to Venezuela on Saturday to monitor search efforts.

"We're holding onto a glimmer of hope," said Oswaldo Scalvenzi , a relative of Elda Scalvenzi, one of the Missoni friends aboard the flight. "Until we can see the wreckage" hope will remain, Scalvenzi told Italian state TV on Saturday night.

Search teams were using a plane and a helicopter, working together with the Venezuelan coast guard, Venezuela's National Civil Aviation Institute said in a statement Saturday.

The twin-engine plane had enough fuel on board for a three-hour flight, said Francisco Paz Fleitas, president of the civil aviation agency. Paz said the plane took off at 11:39 a.m. on Friday and had been expected to arrive at Caracas' Simon Bolivar International Airport 42 minutes later.

The civil aviation agency said the authorities declared an alert after the plane didn't make contact with the control tower at the Caracas airport or with the tower in Los Roques.

"The last position registered in radar data and those supplied by a system on board the aircraft" was about 11 miles (18 kilometers) south of Los Roques, the agency said in the statement.

The Italian newspaper La Repubblica reported that Venezuelan aircraft, boats and helicopters took off at dawn Saturday to resume the search for the missing plane, which had been suspended on Friday night.

Venezuelan Interior Minister Nestor Reverol announced that the plane was missing hours after it took off from Los Roques, a string of islands popular for scuba diving, white beaches and coral reefs, and where the Missonis and their friends were on vacation.

Reverol said on Friday that two navy patrol boats were involved in the search and that a specialized oceanographic ship, the Guaicamacuto, also had been deployed.

Vittorio Missoni is the eldest son of the company's founder, Ottavio, who at 91 still follows the business.

The Corriere della Sera newspaper reported that Ottavio and his wife Rosita were at their home in Italy, along with their daughter Angela, waiting for information about the search. Rosita Missoni designs housewares for the company, and Angela is the company's creative director.

The Missoni fashion house, with its trademark zigzag and other geometric patterns in sweaters, scarves and other knitwear, is one of Italy's most famous fashion brands abroad. It is scheduled to display its latest menswear creations at a fashion show in Milan later this month.

Vittorio Missoni played a key role in marketing the Missoni family creations in Asia, especially in Japan, Hong Kong and South Korea as general director of marketing for Missoni SpA. He also spearheaded a push for the company's products in the United States and France. His efforts to expand the brand abroad led Missoni to be dubbed the company's "ambassador."

Vittorio Missoni has been described as an active sportsman and lover of the outdoors. He and his wife and their friends from northern Italy were scheduled to fly back from Caracas to Italy on Friday after spending the Christmas and New Year's holidays in the islands.

The plane disappeared shortly after takeoff on a flight of about 95 miles (150 kilometers) from the islands to the mainland.

Other small planes have gone down or vanished on the same route in recent years. On Jan. 4, 2008, a plane returning to the Venezuelan mainland from Los Roques disappeared with 14 people aboard, including eight Italians. The body of the plane's Venezuelan co-pilot later washed ashore, but despite a search lasting weeks no other victims or the wreckage were found.

In 2009, a small plane returning from Los Roques with nine people aboard plunged into the Caribbean Sea, but all survived.

____

Associated Press writer Frances D'Emilio contributed reporting from Rome. Ian James reported in Caracas.

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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.

---

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Vast cache of Kaiser patient details was kept in private home

Federal and state officials are investigating whether healthcare giant Kaiser Permanente violated patient privacy in its work with an Indio couple who stored nearly 300,000 confidential hospital records for the company.

The California Department of Public Health has already determined that Kaiser "failed to safeguard all patients' medical records" at one Southern California hospital by giving files to Stephan and Liza Dean for about seven months without a contract. The couple's document storage firm kept those patient records at a warehouse in Indio that they shared with another man's party rental business and his Ford Mustang until 2010.

Until this week, the Deans also had emails from Kaiser and other files listing thousands of patients' names, Social Security numbers, dates of birth and treatment information stored on their home computers.

The state agency said it was awaiting more information from Kaiser on its "plan of correction" before considering any penalties.

Officials at the U.S. Department of Health and Human Services began looking into Kaiser's conduct last year after receiving a complaint from the Deans about the healthcare provider's handling of patient data, letters from the agency show. Kaiser said it hadn't been contacted by federal regulators, and a Health and Human Services spokesman declined to comment.

Kaiser said it remained confident that this patient information was never disclosed or accessed inappropriately. It said that some employees were disciplined because company policies were not followed and that it had informed regulators of the steps it had taken to ensure this type of incident didn't happen again.

"Kaiser Permanente is committed to protecting the medical and personal privacy of its patients," spokesman John Nelson said. "In retrospect, we certainly wish we'd never done business with Mr. Dean."

Even with tougher government oversight of medical privacy in recent years, this case underscores how confidential patient information remains vulnerable in the hands of big healthcare institutions and legions of outside contractors.

"Kaiser has shown extraordinary recklessness in this situation," said Beth Givens, director of the Privacy Rights Clearinghouse in San Diego. "Healthcare companies have to make sure their contractors adhere to ironclad security practices."

Federal and state laws impose strict standards on anyone dealing with patient information. The privacy rule of the federal Health Insurance Portability and Accountability Act, known as HIPAA, bans the unauthorized disclosure of individuals' medical records and requires healthcare providers and vendors, such as billing and storage companies, to protect the information.

Despite those rules, personal medical information of 21 million people nationwide has been improperly exposed since 2009, according to federal data. Last year, Blue Cross Blue Shield of Tennessee agreed to pay $1.5 million to resolve allegations it violated federal law after 57 computer hard drives with patient information were stolen from an outside facility.

In October, Kaiser sued the Deans in Riverside County Superior Court, accusing them of violating their contract by not returning all of its patient information two years ago when Kaiser picked up the paper records.

In court filings, Kaiser said the Deans put patient data at risk by leaving two computer hard drives in their garage with the door open. In response, Stephan Dean moved them to a spare room. On a recent day they sat next to a red recliner where Ziggy, the family's black-and-white cat, curled up for a nap. Dean said those hard drives contained spreadsheets on thousands of Kaiser patients, prepared at the company's request.

At one point, Dean told Kaiser he was planning to contact patients about the whereabouts of their medical information because he felt Kaiser hadn't taken proper precautions. The company sought a temporary restraining order against Dean, barring him from disclosing any confidential information. A Superior Court judge granted Kaiser's request until Thursday, when another hearing is scheduled.

Dean, 47, got his foot in the door at Kaiser from his previous work labeling paper folders for courthouses, hospitals and doctors.

But the demand for folders was slipping as hospitals and doctors used computers more. Kaiser was at the forefront of this as it invested billions of dollars in its HealthConnect system, which it bills as the largest private-sector electronic health record in the world. Kaiser, with more than 9 million customers, is the nation's largest nonprofit insurer and hospital system.

Dean said his small business, Sure File Filing Systems, got a big break when Kaiser acquired the Moreno Valley Community Hospital in 2008. The company needed to organize and clear out thousands of old patient files and it gave the job to the Deans, Kaiser records show.

In August 2008, the Deans started packing up thousands of files from Moreno Valley and moving them to the warehouse in Indio.

Hospital clerks routinely messaged Dean asking him to pull records on specific patients, emails sent by Kaiser to Sure File show. Dean said some Kaiser employees would put the patient's full name in the subject line of the email, and other messages listed the patient's Social Security number, date of birth, doctors' names and treatment dates. One message started, "Good Morning Sure File," and requested adoption records for a child.

Dean said Kaiser showed little concern for patient privacy in handling those requests. Only one out of more than 600 emails from Kaiser was password-protected with encryption, he said. Many medical providers use such technology so information isn't visible to others.

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California parks officials deliberately hid money, report says

Fear of embarrassment and budget cuts led California parks officials to intentionally conceal millions of dollars in a department account, according to an investigation conducted by the state attorney general's office.

The report, released Friday, is the most detailed official narrative yet regarding the root of the accounting scandal at the parks department.

The scandal broke last summer when it was revealed that the parks department had a hidden surplus of nearly $54 million even though it was threatening to close dozens of facilities.

About $20 million was found in an account where entrance fees and other revenues are deposited. Accounting discrepancies appeared to begin innocently more than a decade ago, leading to fluctuating reports on how much money was in the fund, investigators said.

But in 2002, when the problems were identified, parks officials made a "conscious and deliberate" decision not to reveal the money to officials at the Department of Finance, which plans the state budget.

Multiple high-ranking officials were involved, including the former chief deputy director, Michael Harris, who later lost his job over the scandal. However, the report said it remained unclear whether ousted director Ruth Coleman knew about the accounting problems. Coleman declined to be interviewed for the investigation.

Parks officials didn't report the money because they were concerned that their already reduced budget would be cut even further if the state's number-crunchers knew they had more money in a department account, the report said. Interviews conducted by investigators also showed that officials feared embarrassment if the accounting problems were revealed.

"Throughout this period of intentional non-disclosure, some parks employees consistently requested, without success, that their superiors address the issue," the report said. It wasn't until a new deputy director was installed at the parks department in January 2012 was the issue reported.

Richard Stapler, a spokesman for the California Natural Resources Agency, said officials are still determining whether the investigation will result in criminal charges.

John Laird, the resources secretary, said new policies and staff are in place to prevent similar problems in the future.

"It is now clear that this is a problem that could have been fixed by a simple correction years ago, instead of being unaddressed for so long that it turned into a significant blow to public trust in government," Laird, who oversees the parks department, said in a statement.

The rest of the $54 million was found in an account for off-road vehicle parks. Investigators said accounting discrepancies there appeared to be unintentional, and the result of various bookkeeping problems involving loans and tax changes.

For example, a 2010 modification to the gas tax mistakenly pumped millions of excess dollars into the off-road account, the report said. That problem has been fixed and the money has been reallocated, according to the Department of Finance.

The investigation from the attorney general's office is the third review of the parks department in recent weeks. One more report, from the state auditor, is expected to be released.

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'McDreamy' says he beat Starbucks for coffee chain

SEATTLE (AP) — "Grey's Anatomy" star Patrick Dempsey may be the real "McSteamy."

The actor, who was dubbed "McDreamy" as a star of the hospital drama while his co-star was called "McSteamy," may soon be serving hot, steaming cups of Joe.

Dempsey won a bankruptcy auction to buy Tully's Coffee, a small coffee chain based in Seattle. Among those he beat out is Tully's much bigger Seattle neighbor, Starbucks Corp., which is known for its ubiquitous white cups with a circular green mermaid logo.

Dempsey, whose company Global Baristas LLC plans to keep the Tully's name, declared victory on the social media site Twitter: "We met the green monster, looked her in the eye, and...SHE BLINKED! We got it! Thank you Seattle!

The win for Dempsey deals a rare setback for Starbucks on its home turf. Starbucks has long been both praised for bringing "coffeehouse culture" to the U.S. and criticized for crushing smaller chains. The coffee giant, which had planned to convert the Tully's cafes to its own brand, last month announced plans to expand its global footprint to 20,000 cafes over the next two years, up from the current 18,000.

Dempsey said in an interview on Friday that as the underdog in Seattle, Tully's will need to find its identity.

"It's a much smaller chain that has a lot of potential that hasn't been given the proper care," he said.

But in a statement shortly after the auction on Thursday, Starbucks insinuated that Dempsey shouldn't celebrate just yet.

Starbucks, which wanted to convert the Tully's cafes to its own brand, said that a final determination on the winning bid won't be made until a court hearing on Jan. 11. Starbucks said it's in a "back-up" position" to buy 25 of the 47 Tully's cafes, with another undisclosed bidder making an offer for the remainder.

The combined bids of Starbucks and the undisclosed bidder come to $10.6 million, above the $9.2 million Dempsey's company is offering to pay through his company, which was formed in order to purchase Tully's. The other investors in Global Baristas aren't being disclosed.

Tully's Coffee, which is known for serving Joe with a milder taste than Starbucks brand, filed for Chapter 11 bankruptcy protection in October, citing lease obligations and underperforming stores. Tully's wholesale business, which includes Tully's Coffee in bags and single serve K-cup packs that are sold in supermarkets and other stores, is owned separately by Green Mountain Coffee Roasters Inc.

TC Global Inc., the parent company of Tully's, said in a release Friday that it was "encouraged and excited" about Dempsey's commitment to the chain.

Tully's President and CEO Scott Pearson called the deal a "great match" and that the goal is to make sure creditors get paid and to keep as many people employed as possible.

Dempsey said he planned to be very involved in the running of the company, adding that the immediate challenges were to address bookkeeping issues, staff morale and sprucing up the coffee shops. Once the business is stabilized, Dempsey said the long-term goal would be to take the chain national.

"We can pull this off. We just have to take steps that are slow and smart," he said. "I'm going to get behind the counter. I'm going to serve coffee...I'm going to give the company a boost of energy."

Although Dempsey lives in Los Angeles, he plans to spend more time in Seattle, the city where "Grey's Anatomy" is set in. Dempsey said he believed there is room in the city for Tully's and the much larger Starbucks; he noted there might be people who are rooting for the underdog.

"In a society where there are so many big corporations that swallow the little guy, we thought, let's not let this happen to this company," he said.

Dempsey made an appearance Friday morning at a Tully's near Pike Place Market, shaking hands with workers and greeting customers before visiting other stores. Several dozen people, mostly women, came into the store.

Patrease Estelle, 45, works nearby, and came in with a small group from her office.

"I will take whatever I can get. A photo, a hug, a 'hey, how you doing,' a wink," said Estelle, who got a picture and handshake with the actor.

___

Blankinship reported from Seattle and Choi from New York.

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F.D.A. Offers Rules to Stop Food Contamination

The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, taking a long-awaited step toward codifying the food safety law that Congress passed two years ago.

Nicole Bengiveno/The New York Times

A new rule imposed by the F.D.A. would establish different standards for ensuring the purity of water that touches fruits and vegetables.

The proposed rules represent a sea change in the way the agency polices food, a process that currently involves swinging into action after food contamination has been identified rather than protecting against it before it hits grocery shelves.

“These new rules really set the basic framework for a modern, science-based approach to food safety and shifts us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine at the F.D.A., said in an interview.

The F.D.A. is responsible for the safety of about 80 percent of the food that the nation consumes. The remainder of the burden falls to the Department of Agriculture, which is responsible for meat, poultry and some eggs. One in six Americans becomes ill from eating contaminated food each year, the government estimates; of those, roughly 130,000 are hospitalized and 3,000 die.

Congress passed the groundbreaking Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.

But it took the Obama administration two years to move the rules through the F.D.A., prompting accusations by advocates that the White House was more concerned about protecting itself from Republican criticism than about public safety.

Mr. Taylor said, however, that the delay was a function of the wide variety of foods that the rules had to encompass and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.

The first rule would require manufacturers of processed foods sold in the United States to identify, adopt and carry out measures to reduce the risk of contamination. Food companies also would be required to have a plan for correcting any problems that might arise and for keeping records that F.D.A. inspectors could use for audit purposes.

One such preventive measure might be the roasting of raw peanuts at a temperature guaranteed to kill salmonella bacteria, which has been a problem in nut butters in recent years. Roasted nuts might then be sequestered from incoming raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.

“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”

The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat the bacterial contamination that has arisen over the last decade, particularly from E. coli, a bacterium that is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.

Farmers would establish different standards for ensuring the purity of water that touches, say, lettuce leaves and the water used to saturate soil, which will only nourish plants through their roots.

A farm or plant where vegetables are packaged might, for example, add lavatories to ensure that workers do not urinate in fields and post signs similar to those in restaurants that remind employees to wash their hands.

The food industry cautiously applauded the arrival of the proposed rules, with most companies and industry groups noting that they would be poring over them and making comments as necessary in the coming weeks.

“Consumers expect industry and government to work together to provide Americans and consumers around the world with the safest possible products,” the Grocery Manufacturers Association said in a statement. “FSMA and its implementation effort can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal.”

The association noted that the F.D.A. will have to issue more than 50 regulations to fully carry out the new law.

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S&P 500 index closes at a five-year high

NEW YORK — Standard & Poor's 500 closed at its highest in five years Friday after a report showed that hiring held up in December, giving stocks an early lift.

The S&P 500 finished up 7.10 points at 1,466.47, its highest close since December 2007.

The index began its descent from a record close of 1,565.15 in October 2007, as the early signs of the financial crisis began to emerge. The index bottomed out in March 2009 at 676.53 before staging a recovery that has seen it more than double in value and move to within 99 points of its all-time peak.

The Dow Jones industrial average finished 43.85 points higher at 13,435.21. It gained 3.8% for the week, its biggest weekly advance since June. The Nasdaq closed up 1.09 point at 3,101.66.

Stocks have surged this week after lawmakers passed a bill to avoid a combination of government spending cuts and tax increases that have come to be known as the "fiscal cliff." The law passed late Tuesday night averted that outcome, which could have pushed the economy back into recession.

The Labor Department said U.S. employers added 155,000 jobs in December, showing that hiring held up during the tense fiscal negotiations in Washington. It also said hiring was stronger in November than first thought. The unemployment rate held steady at 7.8%.

The jobs report failed to give stocks more of a boost because the number of jobs was exactly in line with analysts' forecasts, said JJ Kinahan, chief derivatives trader for TD Ameritrade.

"The jobs report couldn't have been more in line," Kinahan said. "The market had more to lose than to gain from it."

Among stocks making big moves, Eli Lilly and Co. jumped $1.84, or 3.7%, to $51.56 after saying that its earnings will grow more than Wall Street expects, even though the drugmaker will lose U.S. patent protection for two more product types this year.

Walgreen Co., the nation's largest drugstore chain, fell 61 cents, or 1.6 percent, to $37.18 after the company said that a measure of revenue fell more than analysts had expected in December, even as prescription counts continued to recover.

Stocks may also be benefiting as investors adjust their portfolios to favor stocks over bonds, said TD Ameritrade's Kinahan. A multi-year rally in bonds has pushed up prices for the securities and reduced the yield that they offer, in many cases to levels below company dividends.

Goldman Sachs reaffirmed its view that stocks "can be an attractive source of income," and warned that there is a risk that bonds may fall. In a note to clients, the investment bank said that an index of AAA rated corporate bonds offers a yield of just 1.6 percent, less than the S&P 500's dividend yield of 2.2%.

The 10-year Treasury note fell, pushing its yield higher. The yield on the 10-year note fell 2 basis points to 1.91%. The note's yield has now climbed 52 basis points since falling to its lowest in at least 20 years in July.

Other notable stock moves;

-- Accuray Inc. plunged $1.37, or 20%, to $5.41 after the radiation oncology equipment company reported weak sales and said it would cut 13% of its staff.

-- Lululemon, a yoga apparel maker, dropped $3.14, or 4.2 percent, to $71.95 after Credit Suisse predicted slowing momentum and downgraded its stock.

-- Finish Line Inc., an athletic footwear and clothing company, fell $1.58, or 8.3%, to $17.18 after it reported a small loss after sneaker trends changed and customers didn't take to its new web site launched in November. Analysts had forecast a profit.

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