Documents obtained by KING 5 show that Starbucks plans to ask a bankruptcy judge to re-open the bidding for the struggling Tully s coffee franchise.

The request comes hours before a hearing where Judge Karen Overstreet is to decide which bidder offered the best and highest proposal for the Seattle-based coffee chain.

Last week, an investment group led by Grey s Anatomy actor Patrick Dempsey was deemed to be the winning bidder. The second-place bid was made by Starbucks and an investment partner.

The final determination of which offer is actually the best for Tully s creditors is left with Judge Overstreet.

However, since last week s auction, a key Tully s business partner has dropped its opposition to the Starbucks bid.

In a filing Friday morning, Starbucks lawyer Susan Brye asked Judge Overstreet for a resolution that reopens the auction and restarts the competitive process among qualified bidders.

A hearing begins at 1 p.m. Friday in federal bankruptcy court in Seattle.

Starbucks filing re: Tully's bankruptcy by KING 5 News

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