This case was last updated from U.S. District Courts on 09/20/2025 at 04:03:17 (UTC).

THE TOX FRANCHISING GROUP, LLC et al v. HOGGATT et al

Case Summary

On 07/22/2025 THE TOX FRANCHISING GROUP, LLC filed a Commercial and Trade - Franchise lawsuit against HOGGATT. This case was filed in U.S. District Courts, Florida Southern District. The Judges overseeing this case are Jose E. Martinez and Shaniek Mills Maynard. The case status is Open.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:25-cv-14261

  • Filing Date:

    07/22/2025

  • Case Status:

    Open

  • Case Type:

    Commercial and Trade - Franchise

Complaint

claims brought under the Lanham Act that they form a part of the same case or controversy.

3. Further, an actual justiciable controversy now exists between the parties, and the requested relief is proper under 28 U.S.C §§ 2201 - 2202 .

4. Venue is appropriate in this district under 28 U.S.C. § 1391 (b) because a substantial part of the events or omissions giving rise to the claim occurred in this district, and the Defendants are subject to the court’s jurisdiction with respect to this action in this district, and pursuant to the Franchise Agreement between Plaintiffs and Defendants, Darby Hoggatt and Jessica Hoggatt (collectively, the “Individual Defendants”).

PARTIES

5. Plaintiff, The Tox Franchising Group, LLC, is a Florida limited liability company, having a principal place of business in Indian River County, Florida. All members of The Tox Franchising Group, LLC are residents of the State of Florida.

6. Plaintiff, The Tox IP, LLC, is a Florida limited liability company, having a principal place of business in Indian River County, Florida. All members of The Tox Franchising Group, LLC are residents of the State of Florida.

7. Defendant, Darby Hoggatt (“D. Hoggatt”), is an individual and resident of the State of Colorado.

8. Defendant, Jessica Hoggatt (“J. Hoggatt”), is an individual and resident of the State of Colorado.

9. Defendant, GenX Holdings, L.L.C. (“GenX”), is a Colorado limited liability company with a principal place of business in Larimer County, Colorado. All members of GenX are residents of the State of Colorado.


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FACTS

The The Tox Franchise System and Marks

10. The Tox is the franchisor of a System providing a retail business offering lymphatic-based body sculpting where clients are welcomed with luxury services, exceptional sterilization and safety standards, and impeccable customer service to the general public. Through and by virtue of a Trademark License Agreement with The Tox IP, LLC, The Tox Franchising Group, LLC licenses others to operate lymphatic-based body sculpting studios under the federally-registered trademarks “The Tox” and “The Tox Technique,” both wordmarks registered with the USPTO, plus use of the following pending trademarks:

THE TOX

(collectively, the “The Tox Marks”).

11. Through the expenditure of time, skill, effort, and money, The Tox is the sole owner, and The Tox as the sole licensor, has developed the The Tox Marks, which have been used in the development, organization, and operation of a System of studios offering lymphatic-based body sculpting the general public.

12. The Tox has entered into Franchise Agreements for the operation of The Tox at various locations throughout the United States, pursuant to which The Tox licenses others the right to operate The Tox studios using the The Tox Marks and System.

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Judge Details

Presiding Judge

Jose E. Martinez

Referral Judge

Shaniek Mills Maynard

 

Party Details

Plaintiffs

THE TOX FRANCHISING GROUP, LLC

THE TOX IP, LLC

Defendants

DARBY HOGGATT

JESSICA HOGGATT

GENX HOLDINGS L.L.C.

Attorney/Law Firm Details

Plaintiff Attorneys

Thomas Dunn Emmons

Thomas D. Emmons

Evan M. Goldman

Matthew Aaron Margolis

Defendant Attorneys

Stuart A. Burkhalter

Crystal Theresa Broughan

 

Court Documents

#38

(#38) Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by GENX HOLDINGS L.L.C., DARBY HOGGATT, JESSICA HOGGATT. (Broughan, Crystal) (Entered: 09/05/2025)

#37

(#37) ORDER OF CONSENT INJUNCTION. The Joint Motion to Enter Consent Injunction, (ECF No. #36 ), is Granted. The Consent Decree, (ECF No. #36 , Ex. A), is Approved and Entered. The hearing scheduled for September 4, 2025, before Magistrate Judge Shaniek Mills Maynard is Cancelled. The Clerk is directed to Deny all pending motions as Moot. The Court shall retain jurisdiction to enforce the Consent Decree. Signed by Judge Jose E. Martinez on 8/29/2025. See attached document for full details. (nan) (Entered: 09/02/2025)

#36

(#36) Joint MOTION Joint Motion to Enter Consent Injunction re #35 Order Adopting Report and Recommendations, Order on Report and Recommendations, #34 Notice (Other), 29 Order, #31 Order Setting/Resetting/Cancelling Hearing,,, Order to Show Cause,,, Set/Reset Deadlines,, #16 Notice (Other),,,, 20 REPORT AND RECOMMENDATIONS re #9 Order on Motion for Temporary Restraining Order,, Order on Motion for Preliminary Injunction,, #24 Reply in Support of Motion, #27 Reply in Support of Motion, #14 Notice (Other),, #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #13 Motion for Miscellaneous Relief, #33 Notice (Other), #15 Notice (Other), by GENX HOLDINGS L.L.C., DARBY HOGGATT, JESSICA HOGGATT. (Broughan, Crystal) (Entered: 08/29/2025)

27 #2

Exhibit

16 #52

Exhibit

16 #49

Exhibit

15 #1

Affidavit

14 #19

Exhibit

14 #8

Exhibit

1 #12

Exhibit

1 #10

Exhibit

1 #7

Exhibit

1 #6

Exhibit

1 #5

Exhibit

1 #4

Exhibit

1 #2

Exhibit

1 #1

Exhibit

#1

(#38) Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by GENX HOLDINGS L.L.C., DARBY HOGGATT, JESSICA HOGGATT. (Broughan, Crystal) (Entered: 09/05/2025)

122 More Documents Available
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Docket Entries

09/05/2025

DocketSet/Reset Response/Answer Due Deadline: GENX HOLDINGS L.L.C. response/answer due 10/9/2025; DARBY HOGGATT response/answer due 10/9/2025; JESSICA HOGGATT response/answer due 10/9/2025. Defendant shall respond to Plaintiffs' Complaint on or before October 9, 2025. Per DE# 39 . (nan) (Entered: 09/05/2025)

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09/05/2025
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Docket(#39) PAPERLESS ORDER granting #38 Defendants' Agreed Motion for Extension of Time. Defendant shall respond to Plaintiffs' Complaint on or before October 9, 2025. Signed by Judge Jose E. Martinez on 9/5/2025. (lsn) (Entered: 09/05/2025)

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09/05/2025
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Docket(#38) Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by GENX HOLDINGS L.L.C., DARBY HOGGATT, JESSICA HOGGATT. (Broughan, Crystal) (Entered: 09/05/2025)

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09/02/2025
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DocketDeadline(s)/Hearing(s) terminated. The hearing scheduled for September 4, 2025, before Magistrate Judge Shaniek Mills Maynard is Cancelled. Per DE#37 . (nan) (Entered: 09/02/2025)

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08/29/2025
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Docket(#37) ORDER OF CONSENT INJUNCTION. The Joint Motion to Enter Consent Injunction, (ECF No. #36 ), is Granted. The Consent Decree, (ECF No. #36 , Ex. A), is Approved and Entered. The hearing scheduled for September 4, 2025, before Magistrate Judge Shaniek Mills Maynard is Cancelled. The Clerk is directed to Deny all pending motions as Moot. The Court shall retain jurisdiction to enforce the Consent Decree. Signed by Judge Jose E. Martinez on 8/29/2025. See attached document for full details. (nan) (Entered: 09/02/2025)

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08/29/2025
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Docket(#36) Joint MOTION Joint Motion to Enter Consent Injunction re #35 Order Adopting Report and Recommendations, Order on Report and Recommendations, #34 Notice (Other), 29 Order, #31 Order Setting/Resetting/Cancelling Hearing,,, Order to Show Cause,,, Set/Reset Deadlines,, #16 Notice (Other),,,, 20 REPORT AND RECOMMENDATIONS re #9 Order on Motion for Temporary Restraining Order,, Order on Motion for Preliminary Injunction,, #24 Reply in Support of Motion, #27 Reply in Support of Motion, #14 Notice (Other),, #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #13 Motion for Miscellaneous Relief, #33 Notice (Other), #15 Notice (Other), by GENX HOLDINGS L.L.C., DARBY HOGGATT, JESSICA HOGGATT. (Broughan, Crystal) (Entered: 08/29/2025)

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08/27/2025
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Docket(#35) ORDER ON REPORT AND RECOMMENDATION ; Adopting 32 Report and Recommendations. Certificate of Appealability: No Ruling Signed by Judge Jose E. Martinez on 8/27/2025. See attached document for full details. (nan) (Entered: 08/27/2025)

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08/27/2025

DocketSet/Reset Response/Answer Due Deadline: GENX HOLDINGS L.L.C. response/answer due 9/18/2025; DARBY HOGGATT response/answer due 9/18/2025; JESSICA HOGGATT response/answer due 9/18/2025. Defendants shall respond to Plaintiffs' Complaint on or before September 18, 2025. Signed by Judge Jose E. Martinez on 8/26/2025. Per DE# 30 . (nan) (Entered: 08/27/2025)

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08/26/2025
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Docket(#34) NOTICE Defendants' Objection to Magistrate Judge's Order (Doc 31) and Report and Recommendation (Doc 32) by GENX HOLDINGS L.L.C., DARBY HOGGATT, JESSICA HOGGATT re #31 Order Setting/Resetting/Cancelling Hearing,,, Order to Show Cause,,, Set/Reset Deadlines,, 32 REPORT AND RECOMMENDATIONS re 22 Order on Report and Recommendations,, (Broughan, Crystal) (Entered: 08/26/2025)

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08/26/2025
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Docket(#33) NOTICE Response to the Magistrate Judge's Order to Show Cause Why Jessica Hoggatt Should Not be Held in Contempt by JESSICA HOGGATT re 29 Order, (Broughan, Crystal) (Entered: 08/26/2025)

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07/30/2025
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Docket(#10) ORDER REFERRING #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by THE TOX IP, LLC, THE TOX FRANCHISING GROUP, LLC. Motions referred to Judge Shaniek Mills Maynard. Signed by Judge Jose E. Martinez on 7/30/2025. See attached document for full details. (nan) (Entered: 07/30/2025)

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07/29/2025
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Docket(#9) ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER. ORDER granting #3 Motion for Temporary Restraining Order; granting #3 Motion for Preliminary Injunction. Signed by Judge Jose E. Martinez on 7/29/2025. See attached document for full details. (nan) (Entered: 07/29/2025)

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07/25/2025
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Docket(#8) ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Thomas D. Emmons, Esq.. Signed by Judge Jose E. Martinez on 7/25/2025. See attached document for full details. (nan) (Entered: 07/28/2025)

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07/25/2025
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Docket(#7) ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Evan M. Goldman, Esq.. Signed by Judge Jose E. Martinez on 7/25/2025. See attached document for full details. (nan) (Entered: 07/28/2025)

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07/25/2025
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Docket(#6) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas D. Emmons. Filing Fee $ 250.00 Receipt # AFLSDC-18649803 by THE TOX FRANCHISING GROUP, LLC, THE TOX IP, LLC. Responses due by 8/8/2025. (Margolis, Matthew) (Entered: 07/25/2025)

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07/24/2025
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Docket(#5) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Evan M. Goldman. Filing Fee $ 250.00 Receipt # AFLSDC-18644531 by THE TOX FRANCHISING GROUP, LLC, THE TOX IP, LLC. Responses due by 8/7/2025. (Margolis, Matthew) (Entered: 07/24/2025)

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07/23/2025
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Docket(#4) Bar Letter re: Admissions sent to attorney Evan M. Goldman and Thomas D. Emmons, mailing date July 23, 2025, (pt) (Entered: 07/23/2025)

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07/22/2025
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Docket(#3) MOTION for Temporary Restraining Order ( Responses due by 8/5/2025.), MOTION for Preliminary Injunction by THE TOX FRANCHISING GROUP, LLC, THE TOX IP, LLC. (Attachments: #1 Text of Proposed Order, #2 Certification)(Margolis, Matthew) (Entered: 07/22/2025)

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07/22/2025

Docket(#2) Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nan) (Entered: 07/22/2025)

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07/22/2025
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Docket(#1) COMPLAINT against GENX HOLDINGS L.L.C., DARBY HOGGATT, JESSICA HOGGATT. Filing fees $ 405.00 receipt number AFLSDC-18636752, filed by THE TOX FRANCHISING GROUP, LLC, THE TOX IP, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Margolis, Matthew) (Entered: 07/22/2025)

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