Fuyao Glass America (FGA) and chairman of Fuyao Glass Industry Group Co., Cho Tak Wong (“Mr. Cho”), have filed a motion to dismiss the lawsuit brought forth by former vice president David Burrows.
Burrows made seven complaints against the defendants upon his termination: fraud, breach of contract, promissory estoppel, defamation and several counts of discrimination.
Mr. Cho motioned to quash the alleged service of process on him, and asked the judge to dismiss the complaint against him because Burrows failed to “effectuate service in accordance with the mandates” of the Hague Convention.
According to the document, both the U.S. and the People’s Republic of China (PRC) are signatories of the Hague Convention.
“Under the requirements of the Hague Convention, Plaintiff was required to deliver to PRC’s Central Authority a proper request for service of the Summons and Complaint, including evidentiary attachments, translated into Chinese,” the court document states. “Instead, Plaintiff attempted to serve Mr. Cho merely by sending the Summons and Complaint, written in English, to an FGA business location in Ohio by mail. This service attempt does not meet the Hague Convention requirements for serving an international defendant residing abroad.”
This, according to lawsuit, is insufficient to hold jurisdiction over Mr. Cho, who allegedly can’t speak nor read English.
FGA has also filed a motion to dismiss, stating that Burrows complaints fail to make a claim that entitles him to a form of relief.
glassBYTEs.com will continue to follow this story as it develops.