International House v. Consol. Edison Co. of N.Y. Inc.

OPINION AND ORDER Plaintiff is suing Defendant, which provides utility services to customers in New York, for overbilling its customers, not offering adequate refunds or credits, and refusing to provide interest on overpayments in violation of tariff terms. See generally Am. Compl., Dkt. 24.¹ Plaintiff alleges that the Court has subject-matter jurisdiction based on the Class Action Fairness Act of 2005 (“CAFA”), see id.

26-27, which allows plaintiffs to sue in federal court with only minimal diversity; CAFA is not available, however, if at least two thirds of the proposed class and the primary defendant are citizens of the forum state. Because Defendant is a New York company serving New York customers pursuant to New York tariffs, the Court ordered Plaintiff to show cause why this case should not be dismissed for lack of subject-matter jurisdiction. See Order to Show Cause, Dkt. 26.² For the following reasons, the Court does not have subjectmatter jurisdiction; this case is DISMISSED without prejudice. BACKGROUND³ International House (“Plaintiff”) is a nonprofit corporation based in New York. Am. Compl.