Good Times Restaurants, LLC v. Shindig Hospitality Group, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GOOD TIMES RESTAURANTS, LLC, Case No. 21-cv-07688-AGT

Plaintiff,

ORDER TO AMEND COMPLAINT

v.

SHINDIG HOSPITALITY GROUP, LLC,

Defendant.

Good Times Restaurants, LLC, voluntarily amended its complaint. Looking to the amended complaint, as it must, see Rockwell Int’l Corp. v. United States, 549 U.S. 457, 473–74 (2007), the Court concludes that it has subject-matter jurisdiction: the amended complaint raises a claim for trademark infringement under 15 U.S.C. § 1125. See Dkt. 9, FAC ¶¶ 36–46. Although the Court has jurisdiction, the jurisdictional allegations are askew. In addressing jurisdiction in its amended complaint, Good Times doesn’t reference the trademark claim and as- serts that jurisdiction is based on diversity. See id. ¶ 3. The reference to diversity is a vestige from the original complaint, which didn’t include a federal claim. It’s a confusing reference, because as the Court previously noted (dkt. 55) there isn’t diversity in this case. Even though the Court has jurisdiction, the amended complaint misidentifies why the Court has jurisdiction. The reference to diversity is a pleading flaw,…