Reported / Citable
Background
Plaintiffs Toni Marie Capone Kinsey and Taneisha Kittling sued Sal Lallahu Alaihu Wasallam LLC and other defendants in the Southern District of Texas.
On May 20, 2026, Kittling and the defendants filed an agreed motion for nonsuit. They represented that they had mutually settled all claims between them and requested dismissal of the lawsuit with prejudice.
The Court’s Holding
Magistrate Judge Richard W. Bennett recommended granting Kittling and the defendants’ agreed motion for nonsuit. The recommendation would dismiss Kittling’s claims against the defendants with prejudice and terminate Kittling as a party.
The recommendation did not dispose of the entire action. Kinsey’s claims against the defendants remained pending. The parties had fourteen days after receipt of the recommendation to file written objections under Federal Rule of Civil Procedure 72(b) and General Order 2002-13.
Key Takeaways
- The recommendation concerns only Taneisha Kittling’s claims, which the parties said were settled.
- Kittling’s claims would be dismissed with prejudice if the recommendation is adopted.
- Toni Marie Capone Kinsey remains a plaintiff, and her claims remain pending.
Why It Matters
The recommendation illustrates that a settlement involving one of multiple plaintiffs can resolve that plaintiff’s claims without ending the case as to the remaining plaintiff. It also underscores that a magistrate judge’s memorandum and recommendation remains subject to the parties’ objection period and district-court review.