PROTHERO, et al. vs AMERICAN INTERNATIONAL INDUSTRIES, INC., INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST, et al.

26CV165187: PROTHERO, et al. vs AMERICAN INTERNATIONAL INDUSTRIES, INC., INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST, et al. 09/01/2026 Hearing on Motion to Quash Service of the Summons and Complaint; filed by PORT JERVIS LABORATORIES, INC. (Defendant) CRS# 152362725581 in Department 18

Tentative Ruling - 08/30/2026 Patrick McKinney

The Hearing on Motion to Quash Service of the Summons and Complaint; filed by PORT JERVIS LABORATORIES, INC. (Defendant) CRS# 152362725581 scheduled for 09/01/2026 is continued to 11/17/2026 at 01:30 PM in Department 18 at Rene C. Davidson Courthouse.

The Court continued the hearing on defendant Port Jervis Laboratories, Inc.’s (“Defendant”) Motion to Quash Service of Summons for Lack of Personal Jurisdiction (the “Motion to Quash”) to allow Plaintiffs to provide prima facie evidence regarding plaintiff Deanna Prothero’s (“Mrs. Prothero”) exposures in California to a product allegedly manufactured, sold or supplied by Defendant during a specific time period.

The Court finds that Mrs. Prothero’s Amended Declaration constitutes adequate prima facie evidence that she was exposed to Love’s Baby Soft cosmetic talcum powder used by her sister between 1979 and 1984 in Stockton, California.

Defendant in its supplemental Reply contends that the written jurisdictional discovery Plaintiffs seek to conduct is overbroad because it is not limited to the Love’s Baby Soft product or 1980 to 1984 when Plaintiffs contend Mrs. Prothero was exposed to the product and Defendant manufactured the product for Chattem, Inc., the owner of the Love’s Baby Soft brand name and the likely distributor of the product once it had been received from Defendant.

The Court will allow Plaintiffs to conduct jurisdictional discovery for the entire 1979 to 1984 period of Mrs. Prothero’s alleged exposures. The Court will also allow Plaintiffs to conduct jurisdictional discovery regarding any and all talcum powder products Defendant may have manufactured in California or distributed to Chattem into California.

The Court limits proposed Special Interrogatory (“SROG”) No. 1 to lawsuits filed by Defendant in California regarding the Love’s Baby Soft product prior to 2016. Information regarding any other lawsuits Defendant filed prior to 2016 are not relevant to Plaintiffs’ jurisdictional claims.

The Court limits SROG No. 2 to any lawsuits filed prior to 2016 in which Defendant was named as a defendant in connection with the Love’s Baby Soft product.

The Court finds SROG Nos. 3-13 are acceptable as drafted, and the Court authorizes Plaintiffs to propound them.

The Court does not authorize SROG No.

14. It does not appear that information regarding the closing of Defendant’s California manufacturing facilities in California at some time prior to 26CV165187: PROTHERO, et al. vs AMERICAN INTERNATIONAL INDUSTRIES, INC., INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST, et al. 09/01/2026 Hearing on Motion to Quash Service of the Summons and Complaint; filed by PORT JERVIS LABORATORIES, INC. (Defendant) CRS# 152362725581 in Department 18 8/31/2023 (see Plaintiffs’ Index of Exhibits at Exh. B) would have any relevance to Plaintiffs’ jurisdictional claims in this action.

The Court authorizes SROG Nos. 15 and 16.

The Court authorizes Plaintiffs to propound all of their proposed Documents Requests Nos. 1-6.

The Court does not authorize any other jurisdictional discovery at this time.

The Court CONTINUES the hearing on Defendant’s Motion to Quash to Tuesday, 11/17/2026.

Plaintiffs may serve and file supplemental Opposition papers no later than Tuesday, 11/3/2026.

Defendant may serve and file supplemental Reply papers no later than Tuesday, 11/10/2026.

CONTESTING TENTATIVE ORDERS

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