John Schnatter’s books-and-records suit is headed for trial, after a Delaware judge on Thursday blocked Papa John’s motion to dismiss the case on the grounds that it was based on the same allegations underpinning a separate lawsuit against the company’s directors.

Delaware Court of Chancery Chancellor Andre G. Bouchard said it was “reasonably conceivable” that the two cases centered on different issues, and Papa John’s had not carried its heavy burden of proving that Schnatter’s demand for documents related to his resignation from the pizza chain was improper under Delaware law.

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