A judge has refused to dismiss Nicollette Sheridan's lawsuit over the demise of her role on "Desperate Housewives."
City News Service says Los Angeles Superior Court Judge Elizabeth Allen White urged the parties Wednesday to continue settlement talks but set a new trial for Sept. 10.
A jury deadlocked 8-4 in favor of Sheridan's claim after a trial last month.
Sheridan sued ABC/Disney and series creator Marc Cherry for $6 Million for wrongful termination after her character, Edie Britt, was killed off in a 2008 episode. She seeks punitive damages.
Sheridan claimed her role was eliminated because she complained that Cherry struck her in the head during an on-set dispute.
Cherry said he merely tapped her on the head for artistic direction and the character's death was a creative decision.