Chinese battery maker Gotion has filed in federal court looking to seek a protective order that would stop their company president, Chen Li, from being deposed.
The proposed Gotion plant has become a nationwide flashpoint and a key issue in the race for Michigan’s open U.S. Senate seat.
This is the latest legal move in a federal lawsuit Gotion filed against Green Charter Township. They say the newly elected township board violated a contract by rescinding the plant’s access to local water. The township’s position is that the agreement isn’t an enforceable contract.
Gotion sued the city in federal court this March, citing a breach of contract.
In fillings Monday, Gotion and Green Charter Township filed motions in Federal Court. Green Charter Township’s motion says that Gotion has neglected to provide key information about the plant and the agreement in discovery.
“Gotion responses and document production in reference to the Township’s requests for production improperly limit its production to only what Gotion deems is relevant,” the filing says.
The township is seeking the deposition of Li, saying that the company hasn’t responded to an August 9 subpoena. They say that discovery shows that “Mr. Li will have unique personal knowledge of relevant facts as to the alleged execution of the Development Agreement as well as to Gotion’s proposed project.”
Green Charter Township is seeking a court order to depose Li and obtain more information from Gotion including internal and external communications, receipts, invoices and other key documents.
Gotion says that Li doesn’t have extensive knowledge of the project. ‘Li’s role in the Project is and has been limited to high-level executive oversight of the Project’s progress,” said their Monday filing for a protective order.
Gotion argues that the board seek to embarrass Li and calling the request a “an abuse of the discovery process and only serves to harass, annoy, and embarrass Li.”
Gotion said the motions, as well as public statements by board members are an attempt to stoke fear about Li’s Chinese nationality. They called the board’s deposition efforts “a witch hunt based on his nationality.”
The plant could need about 715,000 gallons of water for operation, alarming environmentalists. In addition, Gotion’s public association with the Chinese Communist Party has raised concerns about potential security risks. The issue has become a campaign trail hot button, with Republican candidate Mike Rogers calling for the plant’s shutdown.
Supporters and Gotion themselves have argued that the plant will create Jobs.
A spokesperson for Gotion told WCMU they do not comment on pending litigation. The township’s lawyers and Supervisor Jason Kruse did not respond to a request for comment.
