Defendant has agreed to pay up to a total of $2,935,000.00 (“Gross Settlement Fund”) to settle this case. This includes the payments to the Settlement Class, Class Counsel’s attorneys’ fees and costs, any incentive award for Class Representative awarded by the Court, all taxes payable on awards to Settlement Class Members and all costs associated with administering the settlement. The amount remaining after the above deductions is referred to as the “Net Settlement Fund” and is anticipated to be about $1,892,853.67. All payments to the Settlement Class will be from the Net Settlement Fund.

If you do nothing, you will be entitled to receive your portion of the Net Settlement Fund. Your payment will be determined by dividing the Net Settlement Fund by the total amount of wages withheld for purchased vacation under the H&V Plan between October 10, 2020 and November 22, 2023 for all members of the Class who have not timely opted out of the settlement (“Settlement Class Members”), and then multiplying that figure by the amount of reduced wages for purchased vacation under the H&V Plan from each Settlement Class Member between October 10, 2020 and the November 22, 2023. Your actual Settlement Payment will depend on the total amount of objections, challenges, and exclusion requests submitted by Class Members and Court approval. To the extent there are unclaimed funds remaining in the Net Settlement Fund once all timely and valid claims for payment have been accounted for, 100% of those unclaimed funds in the Net Settlement Fund will be transferred to Defendant. You can also opt to exclude yourself from the Settlement or object to the settlement, as explained below. If you do not submit a request for exclusion or objection to the settlement by February 19, 2024, then you will be included in the Class.

If you are a class member, you do not need to do anything to receive the settlement payment to which you are entitled.

Yes. If you don’t want to be legally bound by the settlement, you must exclude yourself by submitting a Request for Exclusion, postmarked on or before February 19, 2024. If you exclude yourself, you cannot receive money from the settlement, but you may be able to otherwise pursue or continue to pursue Defendant for the legal claims at issue in this case. If you do not exclude yourself from the settlement, you may still object to the settlement by filing an objection, postmarked on or before February 19, 2024.

If you do not exclude yourself from the settlement, you can ask the Court to deny approval of the settlement by submitting an objection to it to the Claims Administrator. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the settlement as presented to it by the parties. If the Court denies approval, no settlement payments will be made and the lawsuit will continue. If that is what you want to happen, you must object. However, if the Court rejects your objection, you will still be bound by the terms of the settlement. To object, you must mail a written notice of objection to the Claims Administrator, postmarked on or before February 19, 2024 to Eli Lilly Wage Case P.O. Box 2004, Chanhassen, MN 55317- 2004. If you exclude yourself from the settlement, you cannot object because the settlement then would no longer impact you.

Any written objection must state each specific reason in support of your objection, any legal support for each objection, and whether you wish to appear and be heard at the Fairness Hearing, referenced below. Your written objection must also state the case name and docket number for this Lawsuit (which are shown at the top of this Notice), as well as your full name, social security number, address, telephone number, and dates of your employment with Defendant. To be effective, any written objections must be postmarked no later than February 19, 2024. A Class Member who fails to submit a written statement of objection in the manner described above and by the specified deadline will be deemed to have waived any objections and will be foreclosed from making any objection (whether by appeal or otherwise) to the settlement.

A hearing on the fairness of the proposed settlement, and on Plaintiff’s petition for attorneys’ fees and costs and incentive payments to Plaintiff, is scheduled for April 9, 2024, at 1:00 p.m. If there are objections and arguments concerning the fairness of the proposed settlement, the Court will consider them. The hearing will take place before the Honorable M. Kendra Klump in the Birch Bayh Federal Building & U.S. Courthouse of the United States District Court for the Southern District of Indiana, Courtroom 243, at 46 East Ohio Street, Indianapolis, IN 46204. Please note that the Court may change the time and date of the hearing without further notice.

If you would like additional information, you can also call (877) 221-4787.