Rossetti et al v. Southwest Airlines Co.
| Belinda J Rossetti and Bryan A Santillano |
| Southwest Airlines Co. |
| 1:2021cv06215 |
| November 19, 2021 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Robert W Gettleman |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 12 MINUTE entry before the Honorable Thomas M. Durkin: The Court dismissed this case on 11/23/2021. That dismissal is without prejudice. Mailed notice. (ecw, ) |
| Filing 11 ENTERED JUDGMENT on 11/23/2021. Mailed notice. (ecw, ) |
| Filing 10 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs seek damages for an alleged kidnapping that took place in Arizona in 1998. Plaintiff Rossetti alleges that her mother kidnapped her son, Plaintiff Bryan Santillano, and then traveled with him on a flight on Defendant Southwest Airlines. Plaintiffs allege they were reunited in 2016. The Court is skeptical that this states a claim against Southwest, and Plaintiffs do not explain the basis for liability in their complaint. Plaintiffs cite only federal criminal statutes, but Plaintiffs' claim is likely a tort, which in most states is called false imprisonment. The only states with any connection to this incident are: Illinois, where Plaintiffs currently reside; Texas, where Southwest is headquartered; Arizona, where Plaintiffs resided when the incident occurred; and New Mexico, where the grandmother allegedly took the son. The statute of limitations for false imprisonment in Illinois is two years, 735 ILCS 5/13-202; in Arizona is one year, ARS 12-541; in Texas is two years, TCPRC 16.003; and in New Mexico is two years, NMSA 41-4-1. Even if the statute of limitations did not begin to run until the son was allegedly released in 2016, Plaintiffs claims are untimely under any potentially applicable law. Therefore, the case is dismissed and the petitions to proceed in forma pauperis #5 #6 are denied as moot. Mailed notice. (ecw, ) |
| Filing 9 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 11/22/21. (aee, ) |
| Filing 6 APPLICATION by Plaintiff Bryan A Santillano for leave to proceed in forma pauperis. (cp, ) |
| Filing 5 APPLICATION by Plaintiff Belinda J Rossetti for leave to proceed in forma pauperis. (cp, ) |
| Filing 4 PRO SE Appearance by Plaintiff Bryan A Santillano. (cp, ) |
| Filing 3 PRO SE Appearance by Plaintiff Belinda J Rossetti. (cp, ) |
| Filing 2 CIVIL Cover Sheet. (cp, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Belinda J Rossetti, Bryan A Santillano. (cp, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cp, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (cp, ) |
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