Eric Weiner v. Tivity Health, Inc., et al.

The information contained on this web page is only a summary of information presented in more detail in the NOTICE OF (I) PROPOSED SETTLEMENT; (II) SETTLEMENT FAIRNESS HEARING; AND (III) MOTION FOR ATTORNEYS’ FEES AND LITIGATION EXPENSES. Because this website is just a summary, you should review the Notice for additional details.

The purpose of this website is to advise Class Members of the above-captioned certified class action now in the United States District Court for the Middle District of Tennessee, Nashville Division (the “Court”), brought by Lead Plaintiff and Class Representative Oklahoma Firefighters Pension and Retirement System (“Class Representative” or “Oklahoma Firefighters”) on behalf of itself and others similarly situated against Tivity Health, Inc. (“Tivity”), and certain of its current and former senior executives.

The Court-appointed Lead Plaintiff and Class Representative Oklahoma Firefighters Pension and Retirement System (“Class Representative” or “Oklahoma Firefighters”) on behalf of itself and the Class, have reached a proposed settlement of the Action with Defendants for $7,500,000 in cash that, if approved, will resolve all claims in the Action (“Settlement”).

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The Class

The Class, certified by the Court, consists of:

All persons and entities who purchased or otherwise acquired Tivity Health, Inc. common stock between March 6, 2017, and November 6, 2017, inclusive (the “Class Period”), and were damaged thereby.

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Please read the Notice to fully understand your rights and options.

Your Legal Rights and Options in This Litigation

File a Claim	To be potentially eligible to receive a cash distribution from the Settlement Fund, you must mail a completed Claim Form and supporting documentation, postmarked no later than September 27, 2021 in accordance with the instructions in the Notice and Claim Form. You may also submit the Claim Form and supporting documentation electronically via this website no later than September 27, 2021. You may receive more than one copy of this Notice and the Proof of Claim, but you should submit only one Proof of Claim.
Exclude Yourself	You will not be bound by all past, present, or future Court orders or judgments in this Action, and will keep any right you may have to individually sue Defendants in the future. However, if you exclude yourself, you also will not get any money or any other benefits from this lawsuit, if there are any. Requests for Exclusions must be received no later than September 20, 2021.
Submit an Objection	Any objections to the proposed Settlement, the proposed Plan of Allocation, or the request for attorneys’ fees and reimbursement of Litigation Expenses, must be received no later than September 20, 2021, in accordance with the instructions in the Notice.
Do Nothing	Remain a member of the Class.
Attend the Settlement Hearing	To attend the Settlement Hearing and/or ask to speak in Court about the fairness of the Settlement, see the instructions in the Notice. The Settlement Hearing will be held on October 4, 2021 at 4:00 p.m. Central Time before the Honorable Waverly D. Crenshaw Jr. in the Courtroom A859 of the United States District Court for the Middle District of Tennessee, Estes Kefauver Federal Building & Courthouse, 801 Broadway, Nashville, TN 37203. If you plan to attend the Settlement Hearing, please check this website for updates regarding the hearing.