The Notice was sent to you 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 (the “Court”) to inform you: (i) of a class action lawsuit that is now pending in the Court under the caption Strougo v. Tivity Health, Inc., et al., Case No. 3:20-cv-00165 (M.D. Tenn.) (the “Action”) against Tivity Health, Inc. (“Tivity Health”), Donato Tramuto, Adam C. Holland, and Dawn Zier (collectively, “Defendants”); and (ii) that the Action has been certified by the Court to proceed as a class action on behalf of a class of certain purchasers and acquirers of Tivity Health common stock.

The Notice is not an admission by Defendants or an expression of any opinion of the Court concerning the merits of the Action or a finding by the Court that the claims asserted by Class Representative in this Action are valid. The Notice is intended solely to advise you of the pendency of the Action and of your rights in connection with it, including the right to request exclusion from the Class. Defendants have denied all claims and wrongdoing asserted in the Action and any liability arising out of the conduct alleged therein, and asserted various defenses.

No trial has yet occurred in this Action and no findings of fact, fault, or liability have been made as to any of the parties.

A brief background of this case is provided on page 2 of the Notice, and is also summarized on the case website. We do not have any more information regarding the background of this case beyond what is provided in the Notice and posted case documents.

A class action is a type of lawsuit in which one or several individuals or entities prosecute claims on behalf of all members of a group of similarly-situated persons and entities (i.e., the Class) to obtain monetary or other relief for the benefit of the entire group. Class actions avoid the necessity of each member of a class having to file his, her or its own separate lawsuit to obtain relief. Class actions are used to decide legal and factual issues that are common to all members of a class. Importantly, class members are NOT individually responsible for the attorneys’ fees or litigation expenses. In a class action, attorneys’ fees and litigation expenses are paid from the settlement fund (or the court judgment amount), if any, and must be approved by the Court. If there is no recovery, the attorneys representing the Class do not get paid.

The Court has not decided in favor of Class Representative or Defendants. The litigation is ongoing. To date, there has been no recovery of any money for the Class.

The “Class,” as certified by the Court, consists of: All persons who purchased or otherwise acquired Tivity Health common stock between March 8, 2019 and February 19, 2020, inclusive (“Class Period”).

Excluded from the Class by definition are Defendants, members of their immediate families, and any entity of which a Defendant has a controlling interest, and the legal representatives, heirs, predecessors, successors, or assigns of any excluded party.

As a member of the Class, you will be represented by Class Counsel, who is:

Christopher M. Wood, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
200 31st Avenue North
Nashville, TN 37203
Telephone: (615) 244-2203

If you want to be represented by your own lawyer, you may hire one at your own expense. If you do retain your own lawyer, such counsel must enter an appearance on your behalf by filing a Notice of Appearance with the Court and mailing it to Class Counsel at the address above on or before December 2, 2024.

If you have any corrections of changes of name of address, please send them via email to: [email protected] or by mail to:

Tivity Health Securities Litigation
c/o Gilardi & Co. LLC
P.O. Box 301171
Los Angeles, CA. 90030-1171

For more detailed information regarding the Action, you may contact Class Counsel at the address listed in the Notice, or the Notice Administrator by emailing [email protected] or by calling 1-888-756-7630. Complete copies of public pleadings, Court rulings, and other filings are available for review at http://www.pacer.gov or at the office of the Clerk of Court, United States District Court for the Middle District of Tennessee, Fred D. Thompson U.S. Courthouse and Federal Building, 719 Church Street, Nashville, TN 37203 under Civil Action No. 3:20-cv-00165.