The following statement is being issued by Robbins Geller Rudman & Dowd LLP regarding the Tivity Health Securities Litigation:
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
ROBERT STROUGO, Individually and on |
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Civil Action No. 3:20-cv-00165 |
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Behalf of All Others Similarly Situated, |
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CLASS ACTION |
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Plaintiff, |
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Judge Waverly D. Crenshaw, Jr. |
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vs. |
Magistrate Judge Jeffery S. Frensley |
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TIVITY HEALTH, INC., et al., |
SUMMARY NOTICE OF PENDENCY OF |
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CLASS ACTION |
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Defendants. |
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TO: ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED TIVITY HEALTH, INC. COMMON STOCK BETWEEN MARCH 8, 2019 AND FEBRUARY 19, 2020, INCLUSIVE
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Middle District of Tennessee, that the lawsuit that is now pending in that Court under the caption Strougo v. Tivity Health, Inc., et al., Civil Action No. 3:20-cv-00165 (M.D. Tenn.) (the “Action”) against Tivity Health, Inc. (“Tivity Health”), Donato Tramuto, Adam C. Holland, and Dawn Zier, has been certified as a class action on behalf of the Class, except for certain persons and entities that are excluded from the Class by definition as set forth in the full printed Notice of Pendency of Class Action (“Notice”).
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY THIS ACTION. A Postcard Notice is currently being mailed or emailed to known Class Members. If you have not yet received the Postcard Notice, or you wish to obtain a copy of the Notice, you may contact the Notice Administrator at:
Tivity Health Securities Litigation
c/o Gilardi & Co. LLC
P.O. Box 301171
Los Angeles, CA 90030-1171
1-888-756-7630
www.TivityHealthSecuritiesLitigation.com
Inquiries, other than requests for the Notice, may be made to Class Counsel:
Christopher M. Wood, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
200 31st Avenue North
Nashville, TN 37203
1-615-244-2203
If you are a Class Member, you have the right to decide whether to remain a member of the Class. If you choose to remain a member of the Class, you do not need to do anything at this time other than to retain your documentation reflecting your transactions and holdings in Tivity Health common stock. You will automatically be included in the Class. If you are a Class Member and do not exclude yourself from the Class, you will be bound by the proceedings in this Action, including all past, present, and future orders and judgments of the Court, whether favorable or unfavorable. At this time there has been no monetary recovery, and there is no guarantee that one will be obtained in the future.
If you ask to be excluded from the Class, you will not be bound by any order or judgment of this Court, and you will not be eligible to receive a share of any money which might be recovered for the benefit of the Class. To exclude yourself from the Class, you must submit a written request for exclusion postmarked no later than December 2, 2024, in accordance with the instructions set forth in the full printed Notice. Please note, if you decide to exclude yourself from the Class, you may be time-barred from asserting the claims covered by the Action by a statute of repose. Pursuant to Rule 23(e)(4) of the Federal Rules of Civil Procedure, it is within the Court’s discretion as to whether a second opportunity to request exclusion from the Class will be allowed if there is a settlement in the Action.
Further information may be obtained by directing your inquiry in writing to the Notice Administrator or by visiting www.TivityHealthSecuritiesLitigation.com.
Please Do Not Call or Write the Defendants or the Court with Questions.
DATED: September 26, 2024 |
BY ORDER OF THE COURT: |
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United States District Court |
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for the Middle District of Tennessee |
View source version on businesswire.com: https://www.businesswire.com/news/home/20241024364767/en/
Contacts
Media:
Robbins Geller Rudman & Dowd LLP
Shareholder Relations Department
Greg Wood
(619) 231-1058