Extract to table

The movant must demonstrate that the underlying claims have sufficient merit to warrant the court's exercise of its discretion to restore the case to the active docket

The movant must offer a satisfactory explanation for the inaction that led to the DWP

The movant must show that reinstating the case would not result in unfair prejudice to the opposing party beyond the prejudice inherent in any litigation

While the defense on the merits remains strong — supported by the documented progressive discipline record, the OSHA inspection finding no violations, and the EHS Department report — the mere existence of a viable limitations window creates ongoing exposure that must be managed

§ 660(c), provides that no person shall discharge or discriminate against any employee because the employee has filed a complaint or exercised any right afforded by the Act

The statute prescribes a specific and extremely narrow enforcement mechanism: an employee who believes he has been subjected to retaliation must file a complaint with the Secretary of Labor (through OSHA) within thirty (30) days of the alleged retaliatory action