Madonna and her husband Guy Ritchie are to be taken to court by an actor who claims the couple stole the idea for their 2002 film Swept Away.
The film was critically mauled on release in 2002
Vincent D'Onofrio says he pitched the idea to the pair in 1997 - but they cut him out of the credits. The couple say he has no proof of a contract.
The legal action was started in October 2002, but a court date has now been set for Los Angeles on 4 May.
Swept Away, a remake of a 1975 Italian comedy, flopped on release in 2002.
The movie starred Madonna as a wealthy woman stranded on a desert island with a sailor, and was mauled by critics.
D'Onofrio is seeking $10m (£5.5m). Last year, Madonna and Ritchie asked a judge in Los Angeles to throw out the case after one of D'Onofrio's lawyer failed to turn up for a court date.
Describing himself as a singer, songwriter, director and actor, D'Onofrio is not the actor of the same name who appeared in TV drama Law and Order: Criminal Intent.
Swept Away took five Golden Raspberries - the unofficial awards for bad films - in 2003. They included worst picture, worst actress and worst director.
The picture's poor reception in the US meant it did not even get a cinema release in the UK.