Bentson v. Chyma et al
Filing
70
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 68 Report and Recommendations. It is, therefore, ORDERED that Defendant David E. Chyma is directed to pay damages in the amount of $3,000.001, attorney fees in the amount of $30,387.50, and costs in the amount of $600.00, for a total of $33,987.50, to Plaintiff Aimee Marie Benston. Signed by District Judge Amos L. Mazzant, III on 2/8/2018. (baf, )
United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
AIMEE MARIE BENTSON
v.
DAVID E. CHYMA
§
§ Civil Action No. 4:15-CV-523
§ (Judge Mazzant/Judge Nowak)
§
§
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On December 11, 2017, the report of the Magistrate Judge (Dkt. #68) was entered containing
proposed findings of fact and recommendations that: Defendant be held liable to Plaintiff for
the sum of $2,000 incurred in actual damages and $1,000 incurred in statutory damages under
the FDCPA, that Plaintiff’s request for attorney fees in the amount of $30,387.50 and
Plaintiff’s request for court costs in the amount of $600.00 be granted, and that Plaintiff’s
request for statutory damages under the TDCA and for exemplary damages be denied.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court.
It is, therefore, ORDERED that Defendant David E. Chyma is directed to pay damages in
the amount of $3,000.00 1, attorney fees in the amount of $30,387.50, and costs in the amount of
$600.00, for a total of $33,987.50, to Plaintiff Aimee Marie Benston.
1
The Magistrate Judge recommended $2,000 for mental anguish damages. Since there were no objections to this
recommendation, the Court will adopt this finding. However, the Court would have awarded a higher amount.
IT IS SO ORDERED.
SIGNED this 8th day of February, 2018.
___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?