Rathod v. Wellington Physical Therapy and Acupuncture PLLC

Background

The court was notified that Vinita Rathod and Wellington Physical Therapy and Acupuncture PLLC had reached a settlement in this Fair Labor Standards Act case. The opinion does not describe the underlying claims, the settlement amount, or the settlement’s other terms.

Court’s Instructions

The court advised that the parties could not dismiss the action with prejudice based on the settlement unless the settlement was approved by either the court or the Department of Labor. The parties were required to file a letter or stipulation, together with the settlement agreement, on the public docket within 30 days and no later than May 15, 2025.

The filing must explain why the proposed settlement is fair and reasonable. The court identified these topics for discussion: Rathod’s possible recovery; the burdens and expenses the settlement would avoid; the seriousness of the litigation risks; whether experienced counsel negotiated the agreement at arm’s length; and the possibility of fraud or collusion. The filing must also address whether a genuine dispute exists about the number of hours worked or the compensation owed, and how much Rathod’s attorney would seek in fees. Unless special circumstances exist, the court stated that it would not approve a settlement filed under seal or in redacted form.

Disposition

Judge J. Paul Oetken directed the parties to make the required filing by May 15, 2025. The order did not approve or reject the settlement. It also adjourned indefinitely all other filing deadlines, conference dates, and the trial date.