DAVID BLACK'S GET-OUT-OF-JAIL-FREE CARD

How Black Press turned bullets into BJ blanks

 

This is Black Press’ get-out-of-jail-free letter to dodge its obligations to BJ retirees:

 

January 6th, 2021

 

The Chandra Law Firm The Chandra Law Building

1265 W. 6th Street, Suite 400

Cleveland, Ohio, 44113.1326 Attention: Donald Screen

Re:      In re The Beacon Journal Publishing Company, Case No. 20-51999-amk (Chapter 7) United States Bankruptcy Court, N.D. Ohio

 

Dear Sir:

 

Further to your request made at the creditor's meeting held December 28, 2020 in the above­ referenced bankruptcy case (the "Creditors' Meeting"), the purpose of this letter is to respond to your request made in the Creditors' Meeting.

 

By way of background, Black Press Group Ltd. is, indirectly, the parent company of Sound Publishing, Inc., ("Sound") the parent company of The Beacon Journal Publishing Company ("Beacon Journal").

 

In response to your request, we confirm that under the 2012 Settlement Agreement relating to the Class Action Proceedings commenced David White and John Olesky against the Beacon Journal Case No. 5.09 CV02193 and 5.10 CV01320 in the United States District Court Northeastern District of Ohio, Eastern Division (the "Class Action Proceedings") it was agreed that only Beacon Journal owed the obligations related to the Classes' Health Care Benefits, as referred to in the Settlement Agreement.

 

On the sale of the assets of the Beacon Journal which closed May 11, 2018, the purchaser, Copley Ohio Newspapers Inc., ("Copley") declined to assume the obligations of the Beacon Journal related to the Health Care Benefits. As a result, the obligation for the Health Care Benefits remained with the Beacon Journal following the sale.

 

For a short time after the completion of the sale of the assets to Copley, the Beacon Journal had access to an employee of Copley who previously worked for Beacon Journal to continue to administer the plan from Akron on behalf of the Beacon Journal. This service terminated in or about August of 2018.

 

Since that time, Beacon Journal has had no operations or employees in Akron. As such, Sound administered the plan on behalf of the Beacon Journal. Sound continued to administer the plans established in accordance with the Settlement Agreement until the Beacon Journal's bankruptcy filing on November 4, 2020.

 

 

 

Neither Sound nor any of its affiliates assumed liability for the Health Care Benefits under the various plans referenced in the Settlement Agreement and at no time was Sound liable to provide coverage under such plans to the former employees of the Beacon Journal.

We trust this is responsive to your request. Black Press Group

Per:

(Ji

Richard O'Connor Chief Executive Officer