David Burrows, former vice president at Fuyao Glass America (FGA), who filed a lawsuit against the manufacturer earlier this year, has asked the court of the Southern District of Ohio to dismiss the motion to quash made by the company’s China-based chairman, Cho Tak Wong (“Mr. Cho”).
Burrows is suing the company for fraud, breach of contract, promissory estoppel, defamation and several counts of discrimination, following his employment termination.
In June, 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. 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,” Mr. Cho’s motion to quash reads. “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.”
According to court documents, FGA and Mr. Cho removed the case from state court to federal court. Due to this, Burrows was given another opportunity to serve Mr. Cho a copy of the summons and his complaint against the chairman. Mr. Cho was personally served on September 15, in Montgomery County, Ohio, the motion reads.
Therefore, Burrows’ attorney argues, the points Mr. Cho chose to defend his motion to quash, are no longer applicable.
The plaintiff has asked the court to dismiss Mr. Cho’s motions as moot.