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
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(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 _____ day of February 2026
_________________________________
WILLIAM J. CRAIN
UNITED STATES DISTRICT JUDGE
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