Ludwig Kaiser’s motion to dismiss the battery charge case against him was shot down by a Florida judge, with a pre-trial conference now set for December 17.

Kaiser got in trouble with the law following a physical altercation with Richard Reap in their condo, with Kaiser’s legal team presenting it as justifiable use of force under the Florida Stand Your Ground law.

The pre-trial conference will now have both sides either try to come to terms or else move ahead in court.

The incident dates back to April when Kaiser and his girlfriend, Andrea Bazarte, were being a bit too affectionate in an elevator and Reap, who lives in the same condo as Kaiser, passed on some remarks. That prompted the WWE Superstar to get physical and inflicting some damage.

Even if the charges are eventually dropped, Reap could still sue Kaiser in civil court to claim damages.