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Nicollette Sheridan's 'Desperate Housewives' lawsuit: judge denies motion to dismiss case

Actress Nicollette Sheridan appears at the Los Angeles premiere of 'Fly Me to the Moon 3-D' on April 7, 2008.

April 18, 2012 12:00:00 AM PDT
A judge in Nicollette Sheridan's lawsuit denied a motion to dismiss the case against ABC and the creator of "Desperate Housewives."

Los Angeles Superior Court Judge Elizabeth Allen White denied the motion Wednesday morning and also urged both sides to settle.

The first lawsuit ended last month in a mistrial after the jury deadlocked 8-4 in favor of Sheridan.

The actress claims she was dropped from the ABC series after complaining that show creator Marc Cherry slapped her in the head during an on-set dispute.

The show's producers said it wasn't a slap, but a tap and that the decision for her character to leave the show was made for creative reasons.

The retrial has been set for Sept. 10.

Disney is the parent company of Touchstone Television Productions and ABC7.