Dollery v. Post Acute Medical Specialty Hospital of Corpus Christi, LLC et al

Filing 254

ORDER granting 249 Joint Motion to Approve Confidential Settlement Agreement and Release. Case administratively closed pending completion of settlement.(Signed by Judge Drew B Tipton) Parties notified. (kmp4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
DEBRA DOLLERY, on behalf of herself
and all other similarly situated,
Plaintiff,
v.
POST ACUTE MEDICAL, LLC, POST
ACUTE MEDICAL MANAGEMENT,
LLC, and POST ACUTE MEDICAL AT
VICTORIA, LLC,

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June 03, 2024
Nathan Ochsner, Clerk

Civil Action No. 6:18-CV-00104

Defendants.
ORDER GRANTING APPROVAL OF FLSA SETTLEMENT
Before the Court is the Joint Motion to Approve Confidential Settlement Agreement and
Release (“Motion to Approve”) (Dkt. 249), filed by Plaintiff Debra Dollery (“Plaintiff” or
“Dollery”) and Defendants Post Acute Medical, LLC, Post Acute Medical Management, LLC, and
Post Acute Medical at Victoria, LLC (“Defendants” or “Post Acute”) (collectively the “Parties”).
After considering the Motion to Approve and its exhibits, the Confidential Settlement Agreement
and Release (Dkt. 249-4, SEALED), and the record in this case, the Court hereby GRANTS the
Motion to Approve and finds and orders as follows:
1.

The Court finds that the settlement memorialized in the Parties’ Confidential

Settlement Agreement and Release falls within the range of reasonableness and, therefore, meets
the requirements for approval.
2.

The Court grants approval of the Parties’ Confidential Settlement Agreement

and Release.
3.

The Court approves the full and final extinguishment of the Released Claims, as

set forth in the Confidential Settlement Agreement and Release, as a fair and reasonable resolution

of a bona fide dispute under the Fair Labor Standards Act (FLSA).
4.

This Court approves Apex Class Action, LLC as settlement administrator to

perform duties in accordance with the terms of the Confidential Settlement Agreement and
Release.
5.

Neither this Order, the Motion to Approve, the Confidential Settlement

Agreement and Release, nor any other documents or information relating to the settlement of this
litigation shall constitute, be construed to be, or be admissible in this litigation or any other
proceeding as evidence: (a) that any group of similarly situated or other employees exists to
maintain a collective action under the FLSA, or comparable state laws or rules; (b) of an
adjudication of the merits of this litigation; (c) of an adjudication of any of the matters subject to
the Confidential Settlement Agreement and Release; (d) that any party has prevailed in this case,
or (e) that Defendants or the Released Parties (as defined in the Confidential Settlement Agreement
and Release) have engaged in any wrongdoing.
6.

The Court instructs the clerk to administratively close this case, pending the

Parties’ completion of settlement.
7.

The Court instructs the Parties, upon completion of settlement, to file a joint

stipulation of dismissal with prejudice of all claims asserted in this lawsuit, which will dismiss this
case with prejudice without further order of this Court.
It is SO ORDERED.
June
3rd
Signed this ________
of _____________________,
2024.
__________________________________
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE

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