Fuyao ordered to hand over documents to former exec Burrows

The U.S. District Court in Dayton recently ordered Fuyao Glass America and Fuyao founder Cho Tak Wong to produce documents needed to proceed with a lawsuit filed by a former manager of Fuyao’s Moraine plant.

An order signed by Magistrate Judge Sharon Ovington gives the defendants in the case until Nov. 30 to produce “all remaining responsive documents requested in plaintiff’s request for production of documents.”

The order does not identify which documents are required.

Dave Burrows, a former executive with Fuyao in Moraine, filed suit against Fuyao and Cho in May 2017, alleging breach of contract, defamation and other charges tied to his separation from the Chinese-owned company the previous November.

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On the same day in November 2016, both Burrows and another top manager, John Gauthier, saw their employment at Fuyao ended. Gauthier is not part of Burrows’ lawsuit.

Burrows has argued that Fuyao convinced him to sell his Cold Stone Creamery franchise and leave a position as an executive with the Dayton Development Coalition to join the company, according to filings in the lawsuit.

He maintains that he relied upon Cho and Fuyao’s “representation of continued employment and compensation through 2017,” as outlined in an employment contract with Fuyao, according to lawsuit filings.

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In his lawsuit, Burrows has argued that on his final day with the company, Cho called a meeting of employees at Fuyao where he “falsely stated to those present that Burrows had resigned.”

He filed suit about six months later. In December 2017, a federal judge wrote that he found “plaintiff Burrows’ claims plausible,” quashing Fuyao’s motions to dismiss Burrows’ lawsuit at the time.

According to a “preliminary pretrial” schedule filed in January this year, a trial in the case is scheduled to begin Sept. 23, 2019.

Messages were sent to attorneys on both sides of the case. Burrows’ Dayton attorney Anne Frayne declined to comment.

Burrows today is working as vice president, business services at Goodwill Easter Seals Miami Valley in Dayton. Gauthier’s LinkedIn page identifies him as manufacturing operations lead at Corning Automotive Glass at Corning Inc.

Cho bought the Moraine plant in 2014, turning it into what the company says today is the world’s largest auto glass production site, with 2,300 workers.

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