Kinsey et al v. Sal Lallahu Alaihu Wasallam LLC et al

U NITED S TATES D ISTRICT C OURT
SOUTHERN D ISTRICT OF TEXAS
HOUSTON D IVISION
TONI M ARIE CAPONE
K INSEY and TANEISHA
K ITTLING ,
Plaintiffs,
versus
SAL L ALLAHU ALAIHU
WASALLAM LLC, et al,
Defendants.
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CIVIL ACTION NUMBER
4:25-cv-05848
JUDGE CHARLES ESKRIDGE
O RDER A DOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiffs Toni Marie Capone Kinsey and Taneisha
Kittling filed this lawsuit, asserting claims for alleged
violations 	of 	the 	Fair 	Labor 	Standards 	Act 	against
Defendants Sal Lallahu Alaihu Wasallam LLC, Akmfnsh
Enterprise, Inc, and Akhlaque Hussain. Dkt 1. The matter
was referred for disposition to Magistrate Judge Richard
W. Bennett. Dkt 10.
Pending 	is 	an 	agreed 	motion 	for 	nonsuit, 	which
indicates that Plaintiff Taneisha Kittling and Defendants
“have agreed to a mutual settlement of all their claims.”
Dkt 35. They thus jointly request dismissal of all claims
between them with prejudice. Id at 2.
Judge Bennett recommends that the motion for nonsuit
be 	granted 	and 	that 	all 	of 	Kittling’s 	claims 	against
Defendants be dismissed with prejudice. Dkt 36.
The district court reviews de novo those conclusions of
a 	magistrate 	judge 	to 	which 	a 	party 	has 	specifically
objected. See FRCP 72(b)(3) & 28 USC §636(b)(1)(C); see
United States District Court
Southern District of Texas
ENTERED
June 12, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-05848 Document 37 Filed 06/12/26 in TXSD Page 1 of 2

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also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
None of the parties filed objections. No clear error
otherwise appears upon review and consideration of the
Memorandum and Recommendation, the record, and the
applicable law.
The 	Memorandum 	and 	Recommendation 	of 	the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 36.
The agreed motion for nonsuit by Plaintiff Taneisha
Kittling and Defendants is GRANTED . Dkt 35.
All claims brought by Taneisha Kittling as DISMISSED
WITH PREJUDICE. She is further TERMINATED as a party to
this action.
Plaintiff Toni Marie Kinsey’s claims remain pending
against Defendants.
S O ORDERED .
Signed on June 12, 2026, at Houston, Texas.
___________________________
Honorable Charles Eskridge
United States District Judge
Case 4:25-cv-05848 Document 37 Filed 06/12/26 in TXSD Page 2 of 2