Gloria Ann Robertson v. Judge S. Maurice Hicks, Jr., William F. Tate, IV, et al.

Summary

The court grants Defendants’ motion to set aside the Clerk’s entry of default because Plaintiff did not properly serve the required state entities and officials under Federal Rule of Civil Procedure 4 and Louisiana law. The court declines to dismiss the action with prejudice and extends the service deadline to March 20, 2026. Plaintiff’s motion for default judgment is denied because the entry of default has been set aside.

Holdings

1. The entry of default was properly set aside because Defendants demonstrated good cause under Federal Rule of Civil Procedure 55(c).
2. Personal service on Robin Richardson, an assistant in LSU's Office of Legal Affairs and General Counsel, did not establish compliance with the applicable federal and Louisiana service requirements because the record lacked service on the Attorney General, the head of the concerned agency, department, or board, and the Office of Risk Management.
3. Dismissal with prejudice was not warranted at that stage.

Questions Presented

1. Whether the Clerk's Entry of Default should be set aside for good cause under Federal Rule of Civil Procedure 55(c).
2. Whether Plaintiff's service on an assistant in LSU's Office of Legal Affairs and General Counsel satisfied the federal and Louisiana requirements for serving a state government entity.
3. Whether the action should be dismissed with prejudice because of the service deficiencies.
4. Whether Plaintiff should receive additional time under Rule 4(m) to complete service.

Disposition

other