Very strange hand from Bellagio $2500 vs Tom Schneider and Dutch Boyd

[Rekwob]

you have to think flop is a check/fold unless you flop two pair or better before its dealt, and that flop isnt good enough

[PhatPots]

Stop complaining about preflop. They are 5 handed, boo-urns

For me, I think I would make a continuation bet of 8,000-12,000 and fold to a shove. This way you can kind of squeeze Tom. I don't think Tom would raise you with Air here. I really think it is unlikely that Dutch has a big pair here. I really see him 3-betting JJ+ 5 handed, even in the situation described.

[KingDan]

" While Tom is thinking, Dutch Boyd raises to 28000 out of turn. We call the floor and of course Dutch's action is non-binding. "

In what situations would acting out of turn like this be binding?