LOS ANGELES (CBS) — A judge Wednesday scheduled a Sept. 10 retrial in Nicollette Sheridan’s wrongful termination lawsuit against the producers of “Desperate Housewives,” but urged both sides to settle the case before then.

Sheridan did not attend the hearing.

Rather than go through a retrial, attorneys for Touchstone Television Productions had asked White to enter a judgment in their clients’ favor in response to the lawsuit brought by the former “Desperate Housewives” cast member.

The defense also asked the judge to dismiss Sheridan’s claim for punitive damages.

White denied both motions.

Sheridan, 48, claims that her Edie Britt character was killed off the ABC series after she complained that show creator Marc Cherry smacked her on the head during a rehearsal. The actress claimed Cherry hit her while she was asking about a line that had been eliminated from the script.

White had earlier dismissed a battery claim Sheridan made against Cherry, leaving jurors only the decision of whether the actress had been fired inappropriately.

Cherry and Touchstone attorneys called the actress’ argument “desperate.” Cherry also denied hitting Sheridan hard, saying he tapped her on the head on Sept. 24, 2008, to give her direction about what he wanted in the scene.

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