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NASHVILLE, Tenn., July 12, 2021 /PRNewswire/ --

UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

 

 

ERIC WEINER, Individually and on Behalf

of All Others Similarly Situated,

 

                                         Plaintiff,

v.

 

TIVITY HEALTH, INC., DONATO

TRAMUTO, GLENN HARGREAVES and 

ADAM HOLLAND,             

 

 Defendants.

 

 

Case No.: 3:17-cv-01469

 

Chief Judge Crenshaw

Magistrate Judge Newbern

 

   

 

 

SUMMARY NOTICE OF (I) PROPOSED SETTLEMENT OF CLASS ACTION; (II)

SETTLEMENT HEARING; AND (III) MOTION FOR AN AWARD OF ATTORNEYS'

FEES AND REIMBURSEMENT OF LITIGATION EXPENSES

TO:     ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED THE COMMON STOCK OF TIVITY HEALTH, INC. ("TIVITY") BETWEEN MARCH 6, 2017 AND NOVEMBER 6, 2017, INCLUSIVE, AND WERE DAMAGED THEREBY (THE "CLASS").

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.

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 a hearing will be held on October 4, 2021, at 4:00 p.m. , before Honorable Waverly D. Crenshaw Jr, at the United States District Court for the Middle District of Tennessee, Estes Kefauver Federal Building & Courthouse, 801 Broadway, Nashville, TN 37203, to determine: (1) whether the settlement of the Class's claims against Defendants for $7,500,000, should be approved as fair, just, reasonable, and adequate; (2) whether the proposed Plan of Allocation is fair, just, reasonable, and adequate; (3) whether the application of Class Counsel for an award of attorneys' fees and expenses should be approved; (4) whether the Class Representative should be granted reimbursement for their expenses; and (5) whether the Class Action should be dismissed with prejudice as set forth in the Stipulation filed with the Court.

If you purchased or acquired Tivity Health, Inc. common stock between March 6, 2017 and November 6, 2017, both dates inclusive, your rights may be affected by the Settlement of this Action and you may be entitled to share in the Settlement Fund. If you have not received a detailed Notice of Proposed Settlement of Class Action, Motion for Attorneys' Fees and Expenses, and Final Approval of Hearing, you may obtain copies by contacting the Claims Administrator in writing or email at: Tivity Securities Litigation, c/o Epiq Class Action & Claims Solutions, Inc., PO Box 3679, Portland, OR 97208-3679; Telephone: 877-202-7202; email: info@tivitysecuritieslitigation.com. Copies of the Notice and Claim Form can also be downloaded from the website maintained by the Claims Administrator, www.TivitySecuritiesLitigation.com.

If you are a member of the Settlement Class, in order to be potentially eligible to receive a payment under the proposed Settlement, you must complete and sign a Proof of Claim Form establishing that you are entitled to recovery, and either mail it by first-class mail to Tivity Securities Litigation, c/o Epiq Class Action & Claims Solutions, Inc., PO Box 3679, Portland, OR 97208-3679, or submit it online at www.TivitySecuritiesLitigation.com, in accordance with the instructions set forth in the Notice and the Proof of Claim and Release Form. The Proof of Claim Form must be postmarked or received on or before September 27, 2021. As further described in the Notice, you will be bound by any judgment entered in the Action, regardless of whether you submit a Proof of Claim, unless you exclude yourself from the Settlement Class. If you wish to exclude yourself from the Settlement Class, you must submit a request for exclusion such that it is received no later than September 20, 2021, in accordance with the instructions set forth in the Notice. If you properly exclude yourself from the Settlement Class, you will not be bound by any judgments or orders entered by the Court in the Action and you will not be eligible to share in the proceeds of the Settlement.

Any objections to the Settlement, Plan of Allocation, reimbursement of expenses to Class Representative, or attorney's fees and expenses must be filed and served, in accordance with the procedures set forth in the Notice, no later than September 20, 2021.

Inquiries, other than requests for the Notice, may be made to Class Counsel: Daniel S. Sommers or Christina D. Saler by emailing tivityclasscounsel@cohenmilstein.com or calling (202) 408-4600.

Please do not contact the Court, the Clerk's office, Tivity, or Defendants' counsel regarding this notice. All questions about this notice, the proposed Settlement, or your eligibility to participate in the Settlement should be directed to Class Counsel or the Claims Administrator.

Dated: July 12, 2021                                                  

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF TENNESSEE

 

Cision View original content:https://www.prnewswire.com/news-releases/cohen-milstein-sellers--toll-pllc-announce-a-class-action-settlement-involving-purchasers-of-tivity-health-inc-common-stock-301328098.html

SOURCE Cohen Milstein Sellers & Toll PLLC

This article originally ran on curated.tncontentexchange.com.

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