Victoria Tillman Felton v. Seigel Select Las Vegas, ET AL

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VICTORIA TILLMAN FELTON CIVIL ACTION v. NO: 25-2167 SEIGEL SELECT LAS VEGAS, ET AL SECTION: C (3) REASONS AND ORDER Before the Court is plaintiff's Motion for Entry of Default against defendants, Seigel Select Las Vegas, Seigel Select New Orleans and Kentreal Felder, filed on December 19, 2025 (R. Doc. 7). For the following reasons, the motion is DENIED.

Federal Rule of Civil Procedure 55 provides: "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit, or otherwise, the clerk must enter the party’s default." Then, the decision to grant or deny a default judgment is within the court’s discretion. In re Chinese Manufactured Drywall Prods. Liab. Litig., 742 F.3d 576, 594 (5th Cir. 2014). The court can deny a default judgment when a supporting affidavit lacks sufficient detail or evidence on how the defaulting party was served. See e.g. Mancia v. JJ Chan Food, Inc., No. 3:12-CV-2467-L, 2015 WL 5092600, at *2 (N.D. Tex. Aug. 28, 2015); Williamwest v. Richardson, No. CV 21-800, 2021 WL 12226642, at *2 (E.D. La. Nov. 5, 2021) (requiring evidence that an alleged defaulting party was properly served before granting a motion for default judgment).

Here, the request for entry of default is insufficient. Plaintiff failed to attach a supporting affidavit. See Fed. R. Civ. P. art. 55. Plaintiff also failed to provide competent evidence that defendants, Seigel Select Las Vegas, Seigel Select New Orleans and Kentreal Felder, were properly served.

Considering the above and foregoing: IT IS ORDERED that the Motion for Entry of Default against defendants, Seigel Select Las Vegas, Seigel Select New Orleans and Kentreal Felder, (R. Doc. 7), is DENIED. Failure of plaintiff to provide competent evidence of service upon defendants, Seigel Select Las Vegas, Seigel Select New Orleans and Kentreal Felder, within thirty days of this Reasons and Order may result in dismissal of the action. See Fed. R. Civ. P. 4(m).

New Orleans, Louisiana, this 2nd_ day of February 2026 Vile WILLIAM J. CRAIN UNITED STATES DISTRICT JUDGE