GoClips, LLC, et al. v. Along Tools, Inc., et al.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
GOCLIPS, LLC, and
Z KEEPERS, LLC,
Plaintiffs,
versus
ALONG TOOLS, INC, and
RIZHAO ALONG ABRASIVE
TOOLS CO LTD,
Defendants.
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CIVIL ACTION NUMBER
4:25-cv-00355
JUDGE CHARLES ESKRIDGE
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiffs GoClips, LLC, and Z Keepers, LLC, sue
Defendants Along Tools, Inc, and Rizhao Along Abrasive
Tools Co for patent infringement. Dkt 1 at ¶¶31–50. The
matter was referred for disposition to Magistrate Judge
Yvonne Ho. Dkt 21.
Plaintiffs sought and obtained an entry of default
against both Defendants. See Dkt 17. They then moved for
default judgment. Dkt 22. The Magistrate Judge entered a
Memorandum and Recommendation recommending that
the motion be granted as to Along Tools but denied as to
Rizhao for lack of proper service. Dkt 23.
The district court reviews de novo those conclusions of
a magistrate judge to which a party has specifically
objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
United States District Court
Southern District of Texas
ENTERED
March 16, 2026
Nathan Ochsner, Clerk
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Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
Plaintiffs filed objections solely as to the portion of the
Memorandum and Recommendation finding lack of proper
service on Rizhao. Dkt 24. Also submitted was a
supplemental declaration.
On de novo review and determination, the objections
lack merit. The Memorandum and Recommendation is
thorough and well-reasoned. The Magistrate Judge
correctly found that Plaintiffs had provided insufficient
evidence of Andy Zhao’s role in Rizhao, and thus it is
unclear whether service on Zhao served as adequate
service on Rizhao under Nevada law. See Dkt 23 at 6–7.
The supplemental declaration is rejected as improperly
submitted. The objections otherwise fail to show that
default judgment should be entered against Rizhao.
The objections by Plaintiffs GoClips, LLC, and Z
Keepers, LLC, to the Memorandum and Recommendation
of the Magistrate Judge are OVERRULED. Dkt 24.
No clear error otherwise appears upon review and
consideration of the Memorandum and Recommendation,
the record, and the applicable law.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 23.
The motion by Plaintiffs GoClips, LLC, and Z Keepers,
LLC, for default judgment is GRANTED IN PART and DENIED
IN PART.
It is GRANTED as to Defendant Along Tools, Inc.
It is otherwise DENIED. Dkt 22.
As such, default judgment is now ENTERED against
Defendant Along Tools, Inc. It is thus found to be liable for
direct patent infringement as asserted and permanently
enjoined from further infringing the ’754 patent.
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SO ORDERED.
Signed on March 16, 2026, at Houston, Texas.
___________________________
Honorable Charles Eskridge
United States District Judge
Case 4:25-cv-00355 Document 27 Filed 03/16/26 in TXSD Page 3 of 3