Butler v. Commissioner of Social Security

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Case 2:25-cv-00270 Documenti18_ Filed 06/18/26 in TXSD Page1of2

United States District Court
Southem District of Texas

ENTERED
June 18, 2026

UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk

SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION
GUY WILLIAM BUTLER, §
Plaintiff,
V. CIVIL ACTION NO. 2:25-CV-00270
FRANK BISIGNANO,
Defendant.

ORDER ADOPTING MEMORANDUM & RECOMMENDATION

Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and
Recommendation (““M&R”). (D.E. 17). The M&R recommends that the Court grant Plaintiffs
motion for attorney fees, (D.E. 16).

The parties were provided proper notice of, and the opportunity to object to, the Magistrate
Judge’s M&R. See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No
objection has been filed. When no timely objection has been filed, the district court need only
determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United
States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell v. Litton Loan
Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon,
J) (citation omitted).

Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings
of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous
or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 17). Accordingly, the Court

GRANTS Plaintiff's motion for attorney fees, (D.E. 16), and ORDERS the following:
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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 2:25-cv-00270 Documenti18_ Filed 06/18/26 in TXSD Page 2 of 2

1. Plaintiffs attorney of record is AWARDED the sum of $7,500.00 in attorney fees and
$405.000 in costs.

2. The attorney fee award SHALL be made payable to Plaintiff, Guy William Butler, and
mailed in care of his attorney, David F. Chermol.

3. Defendant’s payment of this award BARS any and all claims that Plaintiff may have
relating to EAJA fees and expenses in compensation with this action.

4. Defendant’s payment of this award is without prejudice to Plaintiffs right to seek

attorney fees under § 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to

the offset provisions of the EAJA. ; /|
a J / j i
SO ORDERED. / | / /
\ Vala
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DAVIPSS. MORALES
UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas
June 752026

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