Thomas/Smith v. Consolidated Edison Company of New York Inc
- Louis Stanton
- 1:25-cv-03687
- U.S. District Court · Southern District of New York
- 4
In Thomas/Smith v. Consolidated Edison, Judge Swain ordered payment of $405 or a corrected fee-waiver application within 30 days.
The order directly affects Cheryl-Ann Thomas/Smith, who must pay the $405 fees or submit a complete amended fee-waiver application within 30 days to continue the action. It also delays service and consideration of her request for injunctive relief.
What happened
In Cheryl-Ann Thomas/Smith v. Consolidated Edison Company of New York, Inc., the plaintiff asked to proceed without paying the court’s filing fees. The court found that her application did not provide enough information to determine whether she could pay.
The court ordered her, within 30 days, either to pay $405 or submit an amended application answering the missing questions and providing facts about her finances. The court also postponed issuing a summons and considering her request for an injunction until she paid or submitted an amended application that the court approved. If she did not comply, the action would be dismissed.
Judge Laura Taylor Swain also stated that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Thomas/Smith v. Consolidated Edison Company of New York Inc · No. 1:25-cv-03687
- Louis Stanton
- May 5, 2025
Background
Cheryl-Ann Thomas/Smith brought the action without a lawyer. To proceed, she had to pay $405 in filing and administrative fees or submit an application to proceed without paying those fees in advance. She submitted such an application, but the court found that it did not contain enough information to decide whether she could pay.
The opinion states that Thomas/Smith reported that she was not currently employed, but did not provide her last employment date or her gross monthly wages at that time. She also reported no income from any source during the previous 12 months but did not explain how she was paying her expenses without income. She reported having no cash or money in checking or savings accounts, described her only property as clothes, earrings, and bracelets, reported about $2,800 in monthly living expenses, and stated that she provided full care and support for one child.
Order
The court ordered Thomas/Smith, within 30 days of May 5, 2025, either to pay the $405 in fees or submit an amended application. The amended application had to use docket number 25-CV-3687 (LTS), answer all applicable questions, and provide facts showing that she could not pay the fees. If the court granted the amended application, she could proceed without paying the fees in advance.
No summons was to issue at that time. The court would not consider Thomas/Smith’s request for injunctive relief until she either paid the fees or submitted an amended application that corrected the identified deficiencies and the court granted it. If she complied, the case would be processed under the Clerk’s Office procedures. If she did not comply within the allowed time, the action would be dismissed.
Judge and Appeal-Cost Determination
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. This order addressed the fee-payment and fee-waiver application requirements; the opinion did not decide the underlying claims against Consolidated Edison Company of New York, Inc.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.