STADIUM CAPITAL LLC V. CO-DIAGNOSTICS, INC. ET AL.
CASE NO. 1:22-CV-06978-AS
UNITES STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
TO: All persons and entities who purchased or otherwise acquired Co-Diagnostics, Inc. common stock or call options, or sold put options, during the period May 12, 2022 through the close of the market on August 11, 2022 (4:00 p.m. ET), inclusive.
PLEASE READ THE NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN COURT.
Pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Southern District of New York, that Court-appointed Lead Plaintiff, Stadium Capital LLC, on behalf of itself and the Court-certified Class in the above-captioned class action (“Action”), and Co-Diagnostics, Inc., Dwight H. Egan, and Brian L. Brown (collectively, “Defendants,” and together with Lead Plaintiff, the “Parties”), have reached a proposed settlement for $6,500,000.00 (the “Settlement”), that, if approved by the Court, will resolve all claims in the Action.
A hearing will be held on December 8, 2026, at 2:00 p.m., before the Honorable Arun Subramanian, United States District Judge, at the Southern District of New York, 500 Pearl St., Courtroom 15A, New York, NY 10007, for the purpose of determining: a) whether the proposed Settlement of the claims alleged in the Action for a total value of Six Million Five Hundred Thousand Dollars ($6,500,000.00), is fair, reasonable, and adequate and should be approved by the Court; b) whether the Action should be dismissed with prejudice against the Defendants as set forth in the Stipulation; c) whether the proposed Plan of Allocation is fair and reasonable and should be approved by the Court; d) whether Lead Counsel’s request for an award of attorneys’ fees and reimbursement of Litigation Expenses should be approved by the Court; and e) any other relief the Court deems necessary to effectuate the terms of the Settlement.
| ACTION | EXPLANATION |
| SUBMIT A CLAIM FORM ONLINE OR POSTMARKED NO LATER THAN JANUARY 6, 2027. | This is the only way to be eligible to receive a payment from the Settlement. If you are a Class Member, you will be bound by the Settlement as approved by the Court and you will give up any Released Plaintiff’s Claims (as defined in paragraph 63 of the Notice that you have against Defendants and the other Defendant Releasees (as defined in paragraph 60 of the Notice), so it is in your interest to submit a Claim Form. |
| EXCLUDE YOURSELF FROM THE CLASS BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION SO THAT IT IS RECEIVED NO LATER THAN NOVEMBER 17, 2026. | If you exclude yourself from the Class, you will not be eligible to receive any payment from the Settlement Fund. This is the only option that allows you to ever be part of any other lawsuit against the Defendants or the other Defendant Releasees concerning the claims that were, or could have been, asserted in this Action. It is also the only way for Class Members to remove themselves from the Class. If you are considering excluding yourself from the Class, please note that there is a risk that any new claims asserted against the Defendants may no longer be timely and would be time-barred. See paragraph 68 in the Notice. |
| FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN NOVEMBER 17, 2026, AND APPEAR AT THE HEARING ON DECEMBER 8, 2026 AT THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 500 PEARL STREET, COURTROOM 15A, NEW YORK, NY 10007. | Filing a written objection and notice of intention to appear by November 17, 2026 allows you to speak in Court, at the discretion of the Court, about the fairness of the proposed Settlement, the proposed Plan of Allocation, and/or the request for attorneys’ fees and reimbursement of Litigation Expenses. If you submit a written objection, you may (but do not have to) attend the hearing and, at the discretion of the Court, speak to the Court about your objection. |
| DO NOTHING. | If you are a member of the Class and you do not submit a Claim Form by January 6, 2027, you will not be eligible to receive any payment from the Settlement Fund. You will, however, remain a member of the Class, which means that you give up your right to sue about the claims that are resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Action. |