4:25-cv-05848•Kinsey et al v. Sal Lallahu Alaihu Wasallam LLC et al
Full text
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. § § § § § § § § § § § § 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
2 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
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.