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Nicollette Sheridan's 'Desperate Housewives' Lawsuit Put on Ice

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Jun 03, 2012 | 11:06am EDT

ALTUpdate: Sheridan hasn't give up hope yet. The actress's lawyer Mark Baute recently told The Hollywood Reporter that despite the appeal court's indefinite stay on the case, he is planning to fight to keep the retrial on track.

He released the following statement:

"The order reflects the court of appeals' desire to have the September 10 trial focus on the Labor Code Section 6310 claim. The reference to amendment in the order is designed to ensure that happens and the September 10 trial date remains intact. This will all become clearer as the briefs are filed later this summer. It does not change the trial or the trial date, and the temporary stay is designed to clarify and resolve those issues before the September trial starts. It would be foolish for the media to believe that an order which expressly states that the Labor Code 6310 claim should be added means anything more than that, especially at this point. We will file our briefs and move forward accordingly."

So while the case hasn't been completely dismissed, Sheridan's legal team is going to have to work some serious court-room magic to get the trail back on track. Let's just hope they're not too desperate.

Earlier: The seemingly never-ending trial has been given one last chance. Nicollette Sheridan will have to wait until September 10, though, for her retrial against ABC Studios. The former Desperate Housewives actress claims that she was unrightfully booted from the show in 2009, after an argument with Executive Producer Marc Cherry ended with Sheridan allegedly getting slapped by the producer. Cherry claims that the decision to kill off her character (Edie Britt) happened months prior, and that he was attempting to give Sheridan a stage direction when the alleged hit took place.

Sheridan's original case against Touchstone Television Productions, ABC Studios, ABC Entertainment and Cherry ended in a mistrial on March 19, after the jury was deadlocked on a decision. Sheridan's lawyer, Mark Baute, explained to The Wrap that the court order states that the case can be examined under Occupational Safety and Health Administration’s labor code violations; "It does not change the trial or the trial date, and the temporary stay is designed to clarify and resolve those issues before the September trial starts."

The appeals court that ruled on the case issued the stay on Friday, seeming to agree with the position from the ABC lawyer team that Sheridan did not have the right to sue for wrongful termination. A call to ABC's lawyers has not been returned.

Desperate Housewives aired its series finale on May 13, 2012. No definitive word on if the retrial in September will bring a finale to the proceedings.

[The Wrap]

Follow Alicia on Twitter @alicialutes

More:

'Desperate Housewives' Finale: What's Next for the Women of Wisteria Lane?

'Desperate Housewives' V. Nicollette Sheridan: Mistrial Declared

'Desperate Housewives' vs. Nicollette Sheridan: Breaking Down The Allegations

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