Welcome to the Tivity Health Securities Litigation Website
The information contained on this website is only a summary of the information present in more detail in the Notice of Proposed Settlement of Class Action ("Notice"). Because this website is just a summary, you should review the Notice for additional details.
SUMMARY OF THE ACTION AND SETTLEMENT
This website relates to a proposed Settlement reached in a class action lawsuit (the "Action") brought by Sheet Metal Workers Local No. 33, Cleveland District, Pension Fund ("Lead Plaintiff") against defendants Tivity Health, Inc. ("Tivity Health"), Donato Tramuto, Adam C. Holland, and Dawn Zier (collectively, "Defendants"), alleging violations of §§10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), and U.S. Securities and Exchange Commission Rule 10b-5. More specifically, Lead Plaintiff alleges that Defendants misled investors by making materially false and misleading statements, failed to disclose material information, and engaged in a fraudulent scheme which caused Tivity Health's stock to trade at artificially inflated prices until the nature of the alleged wrongdoing was revealed, causing Tivity Health's stock price to fall. Defendants deny the allegations and any liability or wrongdoing of any kind.
The Court has not decided in favor of the Defendants or the Class. Instead, both sides agreed to a settlement of the Action for $17.05 million in cash ("Settlement") for the benefit of the Class. On November 12, 2025, the Court will hold a Settlement Hearing to consider final approval of the Settlement and related matters.
If you are a Member of the Class, you are subject to the Settlement as the Settlement does not provide for an additional exclusion opportunity. The Class consists of:
All Persons who purchased or otherwise acquired Tivity Health common stock
between March 8, 2019, and February 19, 2020, inclusive.
Excluded from the Class are: Defendants, members of their immediate families, any entity of which a Defendant has a controlling interest, and the legal representatives, heirs, predecessors, successors, or assigns of any excluded party. An opportunity to be excluded from the Class was previously provided to the Class and no member of the Class requested exclusion. No further exclusion opportunity is being provided under the Settlement.
Please read the Notice to fully understand your rights and options. Copies of the Notice and Proof of Claim and Release can be found in the Case Documents and File Claim tabs at the top of this website.
Payments to eligible claimants will be made only if the Court approves the Settlement and Plan of Allocation, after any appeals are resolved, and after the completion of all claims processing. Please be patient, as this process will take some time to complete.
CLASS MEMBERS' LEGAL RIGHTS IN THE SETTLEMENT
| DO NOTHING |
Get no payment. Remain a Class Member. Give up your rights. |
|
SUBMIT A CLAIM FORM POSTMARKED OR SUBMITTED ONLINE NO LATER THAN
OCTOBER 20, 2025
|
This is the only way to be potentially eligible to receive a payment. If you wish to obtain a payment as a Member of the Class, you will need to file a Proof of Claim and Release form (the “Claim Form” or “Proof of Claim Form”), postmarked or submitted online no later than October 20, 2025. |
| OBJECT TO THE SETTLEMENT SO THAT IT IS RECEIVED NO LATER THAN OCTOBER 22, 2025 |
Write to the Court about your view on the Settlement, or why you do not think the Settlement is fair to the Class.
You may object to the Settlement, the Plan of Allocation, and/or the request for attorneys’ fees and litigation expenses. You must still submit a Claim Form in order to be potentially eligible to receive any money from the Net Settlement Fund. |
| GO TO THE HEARING ON NOVEMBER 12, 2025, AT 9:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN OCTOBER 22, 2025 |
Ask to speak in Court about the fairness of the Settlement, the proposed Plan of Allocation, and/or the request for attorneys’ fees and litigation expenses. |
IMPORTANT DATES AND DEADLINES
| Submit Proof of Claim |
October 20, 2025 |
| Object |
October 22, 2025 |
| Settlement Hearing |
November 12, 2025 at 9:00 A.M. CST |