4:25-cv-00355•GoClips, LLC, et al. v. Along Tools, Inc., et al.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GoClips LLC and Z Keepers LLC, Plaintiffs, v. Along Tools, Inc., Rizhao Along Abrasive Tools Co., Ltd. d/b/a Along Tools Inc., Defendants. § § § § § § § § § § § § Civil Action No. 4:25-cv-00355 MEMORANDUM AND RECOMMENDATION This is a patent infringement case. After obtaining entry of default, Dkt. 17, Plaintiffs GoClips LLC and Z Keepers LLC filed a motion for default judgment against Defendants Along Tools, Inc. (“Along Tools”) and Rizhao Along Abrasive Tools Co., Ltd. d/b/a Along Tools Inc. (“Rizhao”). Dkt. 22. The motion also requests a permanent injunction that would bar Defendants from further infringement. See id. After carefully considering Plaintiffs’ submission, their pleading, the record, and the applicable law, it is recommended that their request for default judgment be granted against Along Tools but denied as to Rizhao. United States District Court Southern District of Texas ENTERED January 29, 2026 Nathan Ochsner, Clerk Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 1 of 16
2 Background All well-pleaded facts are taken as true. U.S. Patent No. 9,828,754 (“’754 patent”), issued on November 28, 2017, describes and claims a device and method for undermounting a sink to a hard surface. See Dkt. 1-1 (patent); Dkt. 1 at 4-5. Z Keepers holds the title to and interest in the ’754 patent, while GoClips has marketing, sale, and distribution rights to the invention. See Dkt. 1 at 5. Together, Plaintiffs manufacture, market, sell, and distribute GoClips® undermount sink anchors embodying the ’754 patent. See id. at 1, 5. According to Plaintiffs, Along Tools and Rizhao, acting in concert, have manufactured, marketed, and distributed “knockoff devices” called “Quick Clips.” See id. at 8. Plaintiffs contend that Defendants’ devices have the same function and substantially the same form as their patented product. See id. at 9. Whereas Along Tools is a Texas corporation, its alleged affiliate Rizhao is a Chinese company. See id. at 3; see also Dkt. 22 at 5. On January 28, 2025, Plaintiffs sued Defendants for patent infringement. See Dkt. 1 (complaint). Summons were issued on January 30, 2026. Dkt. 4. According to the returns of service, Defendants were served “by personally delivering and leaving a copy” of the summons and complaint with “Andy Zhao” at the Mandalay Bay Convention Center in Las Vegas, Nevada. Dkts. 10, 13. Plaintiffs later elaborated that Zhao was personally served there while attending a trade show. Dkt. 22 at 7; Dkt. 22-1 at 6 (declaration); Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 2 of 16
3 Dkt. 22-9 (affidavits of service). According to Plaintiffs, Zhao is the “managing agent” for both Defendants. See Dkt. 22 at 7. Defendants did not answer or otherwise appear to defend this case. That prompted Plaintiffs to request entry of default, which was granted. Dkts. 16, 17. Plaintiffs now move for default judgment on their patent infringement claims, seeking a permanent injunction that would prohibit Defendants from further infringing the ’754 patent. Dkt. 22 at 8-9. The motion is ripe for resolution. Legal standard Default proceedings involve three steps: default, entry of default, and default judgment. See Fed. R. Civ. P. 55. A default occurs “when a defendant has failed to plead or otherwise respond to the complaint within the time required by the Federal Rules.” N.Y. Life Ins. Co. v. Brown, 84 F.3d 137, 141 (5th Cir. 1996). “An entry of default is what the clerk enters when a plaintiff establishes the default by affidavit or otherwise pursuant to Rule 55(a).” Axcess Glob. Scis., LLC v. Ozcan Grp., Inc., 2024 WL 3259700, at *1 (S.D. Tex. July 1, 2024). A default judgment can then be entered if a plaintiff applies for such relief under Rule 55(b)(2). See id. “A default judgment is a judgment on the merits that conclusively establishes the defendant’s liability.” United States ex rel. M-CO Constr. Inc. v. Shipco Gen., Inc., 814 F.2d 1011, 1014 (5th Cir. 1987). District courts have Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 3 of 16
4 discretion to determine whether entry of default judgment is warranted. See Lewis v. Lynn, 236 F.3d 766, 767 (5th Cir. 2001). But the Fifth Circuit cautions that “[d]efault judgments are a drastic remedy, not favored by the Federal Rules and resorted to by courts only in extreme situations.” Sun Bank of Ocala v. Pelican Homestead & Sav. Ass’n, 874 F.2d 274, 276 (5th Cir. 1989) (citations omitted). A plaintiff “is not entitled to a default judgment as a matter of right,” even if the defendant “is technically in default.” Lewis, 236 F.3d at 767 (quoting Ganther v. Ingle, 75 F.3d 207, 212 (5th Cir. 1996)). A request for default judgment “must be supported by well-pleaded allegations and must have a sufficient basis in the pleadings.” Wooten v. McDonald Transit Assocs., Inc., 788 F.3d 490, 498 (5th Cir. 2015) (quotation omitted). “The well-pleaded allegations are assumed to be true, except those regarding damages.” Axcess Glob. Scis., LLC, 2024 WL 3259700, at *2 (citing Nishimatsu Constr. Co. v. Hous. Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). Any doubts about the appropriateness of a default judgment must be resolved in favor of the defaulting party. See id. Analysis The appropriateness of default judgment depends on “(1) whether the entry of default judgment is procedurally warranted; (2) whether the substantive merits of the plaintiff's claim as stated in the complaint provide a sufficient basis for default judgment; and (3) whether and what relief the Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 4 of 16
5 plaintiff should receive.” Allen & Overy v. Zaziski, 2022 WL 19506, at *1 (S.D. Tex. Jan. 3, 2022) (citing Neutral Gray Music v. Tri-City Funding & Mgmt. LLC, 2021 WL 1521592, at *2-3 (S.D. Tex. Mar. 30, 2021)). Plaintiffs contend that their claims meet all requirements. As concluded below, default judgment is only appropriate as to Along Tools. I. Plaintiffs have shown they properly served Along Tools but not Rizhao. The first determination is whether this Court has jurisdiction to grant default judgment. See Sys. Pipe & Supply, Inc. v. M/V VIKTOR KURNATOVSKIY, 242 F.3d 322, 324 (5th Cir. 2001) (describing this as the court’s “affirmative duty” when addressing a request for default judgment). For this Court to exercise personal jurisdiction over a defendant, it must be shown that the defendant was properly served. See Rogers v. Hartford Life & Acc. Ins. Co., 167 F.3d 933, 940 (5th Cir. 1999); see also Avdeef v. Royal Bank of Scotland, P.L.C., 616 F. App’x 665, 672 (5th Cir. 2015) (characterizing “proper service of process” as “a jurisdictional prerequisite to the entry of a default judgment”); Guillory v. Denny’s, 2025 WL 581456, at *2 (S.D. Tex. Feb. 5, 2025) (default judgment was procedurally improper due to lack of proper service), adopted by 2025 WL 581042 (S.D. Tex. Feb. 21, 2025). The rules provide two avenues for serving business entities like Defendants. One option is to serve the business under the law of the state Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 5 of 16
6 where the district court is located or where service was made. See Fed. R. Civ. P. 4(h)(1)(A) (incorporating Rule 4(e)(1)). The second option is to serve the summons and complaint on “an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized by statute and the statute so requires—by also mailing a copy of each to the defendant ....” Fed. R. Civ. P. 4(h)(1)(B). Plaintiffs invoke Nevada law, the state where service was made. Under the pertinent Nevada rule, an entity “may be served by delivering a copy of the summons and complaint to any officer, director, partner, member, manager, trustee, or agent identified in Rule 4.2(c)(1) that is located within this state.” Nev. R. Civ. P. 4.2(c)(2). The reference to subpart (c)(1) incorporates an entity’s “registered agent” or “managing or general agent” as persons through whom an entity can be served. See Nev. R. Civ. P. 4.2(c)(1)(A)(i), (ix). Asserting that the service requirements were met, Plaintiffs rely on the process server’s personal service of the summons and complaint on Andy Zhao, Defendants’ alleged managing agent, while he was attending a trade show in Nevada. Dkt. 22 at 7, 12; Dkt. 22-1 at ¶¶ 19-21 (Smith Declaration); Dkt. 22- 9 (affidavits of service). As support, they attach the Business Organizations Inquiry page on the Texas Secretary of State’s website, which lists Zhao as the “registered agent” for Along Tools. See Dkt. 22-8. This is sufficient to establish that Zhao was Along Tools’s agent for service. See e.g., Banks v. Albertson’s Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 6 of 16
7 Deal & Delivery, 2025 WL 474182, at *2 n.2 (D. Nev. Feb. 11, 2025) (referring to the Nevada Secretary of State website to determine who was the corporation’s agent for service of process); Hockenbergs Equip. & Supply Co. v. Team Contractors, LLC, 2019 WL 1253576, at *4 (W.D. Tex. Mar. 11, 2019) (supporting materials, including screenshot of the company’s “Business Organizations Inquiry,” showed that the individual served was “an officer or managing agent” for defendant company). Along Tools was validly served. But Plaintiffs have not shown what role Zhao may (or may not) have at Rhizao. See Dkt. 22 at 12. They cite a screenshot from Rizhao’s website, which lists “andy@along-abrasive.com” as the email address for both companies. See Dkt. 22-1 at 6. Merely pointing to an email address that includes the common name “Andy” does not show that the email belongs to Zhao. And even if that email were Zhao’s, it would not substantiate that Zhao was Rizhao’s managing agent or any other agent to whom delivery of the summons and complaint would comply with Nevada and federal rules for serving Rizhao. Arguing otherwise, Plaintiffs maintain that “[a] signed return of service constitutes prima facie evidence of valid service, which can only be overcome by strong and convincing evidence.” Dkt. 22 at 12 (citing People’s United Equip. Fin. Corp. v. Hartmann, 447 F. App’x 522, 524 (5th Cir. 2011)). But Hartmann’s observation concerned a different question, namely whether the defendants had adequately contradicted the process server’s declaration that Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 7 of 16
8 the summons and complaint were left with one of defendants at their home. See 447 Fed. App’x at 524. In the default judgment context, however, a court “need not assume service was proper” if the process server’s affidavit is “inconsistent or unreliable.” See Roor Int’l BV v. A1 Smoke Shop Inc., 2019 WL 6330543, at *2 (S.D. Tex. Oct. 18, 2019) (quotation omitted), adopted by 2019 WL 6330483 (S.D. Tex. Nov. 25, 2019). Here, there is ample reason to doubt the process server’s assertion that Rizhao was properly served via Zhao because Plaintiffs’ own evidence fails to substantiate Zhao’s role at the company. For that reason alone, default judgment against Rizhao should be denied. See Tomasso v. Peddle, 2025 WL 2577141, at *2 (S.D. Tex. Sept. 4, 2025) (failure to show that the individual who accepted service was authorized to do so warranted denying default judgment), adopted by 2025 WL 2687865 (S.D. Tex. Sept. 19, 2025). II. Default judgment against Along Tools is procedurally warranted. The next question is whether default judgment is procedurally warranted against Along Tools, as the only defendant who Plaintiffs showed was properly served. Six factors inform this inquiry: “[(1)] whether material issues of fact are at issue, [(2)] whether there has been substantial prejudice, [(3)] whether the grounds for default are clearly established, [(4)] whether the default was caused by a good-faith mistake or excusable neglect, [(5)] the Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 8 of 16
9 harshness of a default judgment, and [(6)] whether the court would think itself obliged to set aside the default on the defendant’s motion.” Lindsey v. Prive Corp., 161 F.3d 886, 893 (5th Cir. 1998) (numeration added). These factors support Plaintiffs’ requested relief. First, there are no disputed factual issues because no defendant has responded to this suit. Plaintiff’s well-pleaded facts are thus taken as true. See Nishimatsu, 515 F.2d at 1206 (“The defendant, by his default, admits the plaintiff's well pleaded allegations of fact”). Second, Along Tools’s lack of response has prejudiced Plaintiffs by halting the adversarial process and thwarting their ability to obtain relief. See Innovative Sports Mgmt., Inc. v. Paisa’s Truck LLC, 2024 WL 625316, at *3 (S.D. Tex. Feb. 14, 2024) (finding prejudice where the defendant’s “failure to respond threatens to bring the adversary process to a halt”) (quotation omitted); United States v. $37,603.00 in US Currency, 2021 WL 3013337, at *3 (S.D. Tex. July 16, 2021). Third, the grounds for default are clearly established. The Clerk of Court properly entered default after Along Tools failed to answer or otherwise defend. See Dkt. 17 (entry of default); Fed. R. Civ. P. 55 (failure to appear is grounds for default). Such a failure to defend or appear likewise permits entry of default judgment. See $37,603.00 in US Currency, 2021 WL 3013337, at *3. Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 9 of 16
10 For the last three factors, nothing in the record indicates that Along Tools’s default resulted from a “good faith mistake or excusable neglect.” Neither does anything suggest that default judgment would be unduly harsh or vulnerable to challenge later. See Sino Star Glob. Ltd. v. Shenzhen Haoqing Tech. Co., 2025 WL 1668216, at *2 (E.D. Tex. June 12, 2025) (“Defendant’s ample opportunity to respond after receiving notice of this action contradicts the idea that a default judgment would be harsh.”); see also Jenkins & Gilchrist v. Groia & Co., 542 F.3d 114, 119 (5th Cir. 2008) (considerations for setting aside a default judgment are: “whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented”) (quotation omitted). All factors indicate that default judgment against Along Tools is procedurally appropriate. III. The complaint provides a sufficient basis for Plaintiffs’ claims. The next inquiry looks to the merits of Plaintiffs’ claims. There must be “a sufficient basis in the pleadings for the judgment [to be] entered.” Nishimatsu, 515 F.2d at 1206. The Court evaluates whether the factual allegations in the complaint, if taken as true, would state a claim upon which relief can be granted. See United Cmty. Bank, Inc. v. Loven Bf, Inc., 2020 WL 5045310, at *2 (S.D. Tex. July 22, 2020) (quoting Shaw v. Galo Equip. & Constr., LLC, 2020 WL 3118928, at *2 (W.D. Tex. June 12, 2020)). Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 10 of 16
11 This is a lower threshold than the standard for surviving a motion to dismiss under Rule 12(b)(6). See Wooten, 788 F.3d at 499-500 (allegations need only provide fair notice of the claim under Rule 8, particularly when the defaulting defendant chose to forgo moving for dismissal or for a more definite statement under Rule 12(b)(6) or 12(e)). Nevertheless, the allegations must be more than conclusory. See Greene v. Wellsfargo Bank, NA, 2012 WL 968076, at *5 (S.D. Tex. Mar. 20, 2012) (denying default judgment where allegations were “vague and conclusory”), aff’d sub nom. McCrimmon v. Wells Fargo Bank, N.A., 516 F. App’x 372 (5th Cir. 2013). Plaintiffs have stated a direct infringement claim against Along Tools under 35 U.S.C. § 271. “An actor is liable for direct infringement when, without authority, they ‘make[ ], use[ ], offer[ ] to sell, or sell[ ] any patented invention, within the United States or import[ ] into the United States any patented invention during the term of the patent ....’” Seventh Coast Ventures LLC v. Xiamen Daysun Indus. Co., LTD, 2025 WL 3488669, at *4 (S.D. Tex. Nov. 14, 2025) (quoting 35 U.S.C. § 271(a)), adopted by 2025 WL 3487706 (S.D. Tex. Dec. 4, 2025). According to the complaint, Z Keepers owns “[a]ll right title and interest in the ’754 patent,” and GoClips “has been granted … rights” to use the patented method and device. See Dkt. 1 at ¶ 12-13. That would give Plaintiffs a right to enforce the patent. In their complaint, Plaintiffs allege that Along Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 11 of 16
12 Tools manufactured, exported into the United States, marketed, and distributed “knockoff devices … which are substantially similar to the patented GoClips® products” that Plaintiffs manufactured, marketed, sold, and distributed and that “embody the claims” of the ’754 patent. Dkt. 1 ¶¶ 20, 22. Plaintiffs also allege that Along Tools’s actions were not authorized. Dkt. 1 ¶ 37. Taking those allegations as true, Plaintiffs have adequately pleaded that Along Tools directly infringed their patent. Plaintiffs also bring a willful infringement claim. See Dkt. 22 at 13; Dkt. 1 ¶ 33. “To establish willful patent infringement, a plaintiff must show that the defendant ‘(1) knew of the patent-in-suit; (2) after acquiring that knowledge, it infringed the patent; and (3) in doing so, it knew, or should have known, that its conduct amounted to infringement of the patent.’” See Seventh Coast, 2025 WL 3488669 at *6 (quoting Eyevac, LLC v. VIP Barber Supply, Inc., 2024 WL 1556457, at *4 (W.D. Tex. Apr. 10, 2024), adopted by 2024 WL 2064074 (W.D. Tex. May 7, 2024)). Plaintiffs contend that they adequately pleaded willful infringement. See Dkt. 22 at 13. Their allegation that Along Tools “has willfully, deliberately, and intentionally infringed” the ’754 patent, however, is conclusory. See id. (citing Dkt. 1 at ¶ 33). The complaint also alleges that Along Tools “is on notice of Plaintiffs’ GoClips® products” and “continued to infringe” after it was “placed on notice” about the ’754 patent. See Dkt. 1 at ¶ 36. But Plaintiffs do Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 12 of 16
13 not explain how or when this notice was given. Without sufficient factual allegations that Along Tools knew about the patent before its infringing acts, Plaintiffs’ willful infringement claim is not colorable. Compare Sino Star, 2025 WL 1668216, at *4 (granting default judgment for willful infringement based on plausible assertions that defendant received the plaintiff’s notice letter on a specific date), with Eyevac, 2024 WL 1556457, at *4 (denying default judgment on willful infringement where defendants’ asserted knowledge of the patent hinged on plaintiff’s notification of only one entity that was “no longer a defendant in this case”); Seventh Coast, 2025 WL 3488669, at *6 (no default judgment on willful infringement; mere reference to patent notice on plaintiff’s products and website did not indicate that “Defendants saw [the notice] or otherwise obtained actual knowledge” of the patent). The only claim on which Plaintiffs are entitled to default judgment is their direct infringement claim. IV. Along Tools should be enjoined from further infringement. Lastly, the Court must determine the appropriate relief. “A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings.” Fed. R. Civ. P. 54(c). Plaintiffs seek a permanent injunction against Along Tools enjoining further infringement of the ’754 patent. See Dkt. 22 at 16. This relief is warranted. “A court may issue a permanent injunction as part of a default judgment.” Laerdal Med. Corp. v. Basic Med. Supply, LLC, 2016 WL 6436557, Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 13 of 16
14 at *2 (S.D. Tex. Oct. 31, 2016) (citing Twist and Shout Music v. Longneck Xpress, N.P., 441 F. Supp. 2d 782, 785 (E.D. Tex. June 28, 2006)). In patent suits, courts can “grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.” 35 U.S.C. § 283. To obtain a permanent injunction, “[a] plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.” eBay Inc. v. MercExchange, LLC, 547 U.S. 388, 391 (2006). First, Plaintiffs claim that Along Tools’s infringement caused them irreparable harm by “sowing confusion in the United States” and undercutting their sales, profits, opportunities, and goodwill. See Dkt. 1 ¶¶ 25, 38. They also pleaded that Along Tools continues to “damage Plaintiffs by exporting into the United States, marketing, selling and distributing knockoff products ….” See Dkt. 1 ¶ 27. This is sufficient to establish that the infringement caused irreparable harm. See Seventh Coast, 2025 WL 3488669, at *5 (“continuous and persistent infringement of the patent” caused irreparable injury to plaintiff’s “reputation and business goodwill”); Celsis In Vitro, Inc. v. CellzDirect, Inc., 664 F.3d 922, 930 (Fed. Cir. 2012) (“Price erosion, loss of Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 14 of 16
15 goodwill, damage to reputation, and loss of business opportunities are all valid grounds for finding irreparable harm.”). The continuous nature of Along Tools’s infringement also means that no remedy other than a permanent injunction would be adequate. Money damages for past infringement would not compensate Plaintiffs for future harm. See Golden Hour Data Sys., Inc. v. emsCharts, Inc., 2014 WL 8708239, at *10 (E.D. Tex. Mar. 31, 2014) (citing Acumed LLC v. Stryker Corp., 551 F.3d 1323, 1328 (Fed. Cir. 2008)); see also Seventh Coast, 2025 WL 3488669, at *5. The balance of hardships favors a permanent injunction. There is no evidence that prohibiting Along Tools’s sale of infringing products would cause it cognizable hardship. See i4i Ltd. P’ship v. Microsoft Corp., 598 F.3d 831, 863 (Fed. Cir. 2010) (analysis should disregard the infringing parties’ expenses incurred in creating the infringing products or consequences of its infringement, such as redesigning the products), aff’d, 564 U.S. 91 (2011). Lastly, issuing a permanent injunction here would serve the public interest by “protecting patent rights and enforcing the applicable laws.” MGM Well Servs., Inc. v. Mega Lift Sys., LLC, 505 F. Supp. 2d 359, 379-80 (S.D. Tex. 2007) (citing Abbott Labs. v. Andrx Pharms., Inc., 452 F.3d 1331, 1348 (Fed. Cir. 2006)), aff’d, 264 F. App’x 900 (Fed. Cir. 2008). All factors support Plaintiffs’ request that Along Tools be permanently enjoined from further infringing the ’754 patent. Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 15 of 16
16 Recommendation For the foregoing reasons, it is RECOMMENDED that Plaintiffs GoClips’s and Z Keepers LLC’s motion for default judgment (Dkt. 22) be GRANTED IN PART and DENIED IN PART. Specifically, it is RECOMMENDED that default judgment be entered against Defendant Along Tools, Inc. finding it liable for direct patent infringement and permanently enjoining Along Tools, Inc. from further infringing the ’754 patent. In all other respects, it is RECOMMENDED that the motion for default judgment be DENIED. It is ORDERED that Plaintiffs must file a proposed final judgment by February 13, 2026 against Along Tools, Inc. that includes specific language for the permanent injunctive relief. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on January 29, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge Texas. _____________________________________ onneee Y Y Y. Ho ited d S States Magistrate Judge Case 4:25-cv-00355 Document 23 Filed 01/29/26 in TXSD Page 16 of 16
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