The ruling addresses the complaint filed by Ping Chen, represented by counsel Stephen Woodruff, who sought a judicial review of a May 2004 labor decision that recommended her voluntary repatriation.
Assistant Attorney General Eli Golob represented the labor department.
Ping Chen was among the workers who filed a labor case in Jan. 2003 against their former employer, USA Smile Inc., for unpaid wages and other issues.
“Petitioner has continued to disobey and disregard the procedural orders although opposing counsel, and this court, have attempted to move this case forwards,” Wiseman stated in his order.
“Every time a status conference is scheduled and continued, the court’s docket is unduly burdened,” he added.
Wiseman said the court “has already spent an unreasonable amount of time issuing two procedural orders thereby delaying other issues before the court.”
He added, “Besides the untimely opposition [by the petitioner] which fails to address the law, petitioner has nothing to move this matter forward since Aug. 15, 2007.”
He said “the court recognizes the harsh realities of dismissing cases without the merits and prefers not to dispose of case before litigants have their day in court.”
But Wiseman said Ping Chen, through her counsel, “has been given multiple opportunities to avoid this result yet has been unable or unwilling to move the matter forward in a meaningful and significant manner.”
