Bates v. Sendme, Inc., Slip Copy, 2009 WL 942342 (N.D. Cal., Apr. 06, 2009)

Ring Tone companies and class action plaintiffs are splitting up rowdy fans (read: judges) across the country, from California to Wisconsin. Where is Simon Cowell when you need him to break the tie vote?

Even Madonna herself was impressed by the ringtone industry’s smashing performance “You Know I Take You There [to Fed Court]” in White v. Playphone, Inc. et. al, 2009 WL 499103 (W.D. Wis. Feb. 27, 2009) (Editors’ Note: See the CAFA Law Blog analysis of White posted on May 28, 2009). After that performance Judge Crabb, happy to keep the show going, sang a rocking duet, “Remember that, all revenue, is in controversy,” to the tune of Love is What I Got by Sublime.

Well now, Tina Bates, accompanied by her similarly situated friends, is signing songs about California in “Sweet Home State Court.” Her performance in Bates v. Sendme, Inc. convinced Judge Armstrong that “only unauthorized charges, not all revenues from all customers” were to be included as damages in determining federal jurisdiction.

Because Sendme didn’t really have a list sitting around of unauthorized charges, they had a hard time staying in federal court.

While sending the parties on their way back to state court, Judge Armstrong’s cell phone rang. Not surprisingly her ring tone is Jaded by Aerosmith (hear it by clicking here)(only the number one downloaded ring tone), and Judge Armstrong did a little performance of her own:



You’ve got your unauthorized bills but you’re more of the same to me

So Sendme

You think Fed courts where its at but is that where its supposed to be?

You’re gettin sent back to state

And remanded




you, you, prove amount

yeh in controversy (quickly)

In, in, class actio—nns

Yeah, you’re so under

And Im the one that berated you




In all your schemes it will always be what Fed needs and wants

And maybe take a ride to the state side where being of (slowly)

five mil is not as vital

And be jaded




Youre thinkin of revenue

I’ve had it all up to here

but its just unauthorized

Love and hate it

can’t trade it

Love me Sendme


State Court Solo


By:  Jeffery Good