Zubair v. ConEdison Company of NY

Background

Ahmed Husain Zubair appeared without a lawyer and sued the ConEdison Company of New York, Patricia Paulino, and Steven Martinez. The opinion identifies Paulino as a ConEd District Manager and Martinez as an “Energy Service Rep”; it states that all three defendants were in Rye, New York. Zubair resides in Yonkers, New York.

Zubair alleged that, after tenants and squatters were evicted from his house while he was overseas, ConEd disconnected the house’s electricity and gas service in approximately December 2015 or January 2016. He said that ConEd later demanded about $10,000 to reconnect the service. When he again sought reconnection in 2017, ConEd allegedly required him to pay for new meters and changes to the connection between the street and his house. Zubair alleged that ConEd had performed similar work on other houses in his neighborhood without charge. He said the lack of electricity prevented him from installing security equipment and cleaning the yard, which led to sanitary summonses from the City of Yonkers. He sought damages for theft and an order requiring the defendants to reconnect the electricity and gas.

Claims and analysis

Zubair invoked federal-question and diversity jurisdiction and asserted claims under the Consumer Financial Protection Act of 2010 (CFPA), Section 18 of the Federal Trade Commission Act (FTCA), and New York’s “Zombie House law.” The court noted that the parties were not diverse because Zubair and at least one defendant were alleged to be citizens of New York. Because Zubair was proceeding without a lawyer, the court said it would consider the state-law claims under supplemental jurisdiction if appropriate.

The court dismissed the CFPA claims for failure to state a claim because courts within the circuit had held that the CFPA provides no private right of action. A private right of action is a law’s authorization for an individual to sue for a violation. The court also dismissed the FTCA claims, including claims under 15 U.S.C. §§ 57a and 57b, for failure to state a claim because the FTCA does not provide a private right of action; the statute instead gives enforcement and related powers to the Federal Trade Commission.

After dismissing the federal claims, the court declined to exercise supplemental jurisdiction over any state-law claims under 28 U.S.C. § 1367(c)(3). Supplemental jurisdiction is a federal court’s authority to hear related state-law claims when federal claims are also properly before it. The court stated that federal courts generally decline to use that authority when the federal claims have been dismissed early in the case.

Disposition

The court dismissed the action. It dismissed Zubair’s CFPA and FTCA claims for failure to state a claim and declined to consider his state-law claims under supplemental jurisdiction. The court granted Zubair leave to replead his claims in an amended complaint filed within 30 days of the order. The order stated that, if he failed to file an amended complaint within that period, the court would enter judgment dismissing the action. The order was signed by Judge Louis L. Stanton.