Accusing the plaintiff in the case of lying, drug company Merck & Co. asked a judge in New York on Tuesday to dismiss the first scheduled trial over its now defunct Vioxx pain reliever, which is slated to begin next month.

In a court filing, Merck said Cheryl Rogers, an Alabama woman who filed a wrongful death lawsuit on behalf of her husband, lied in her deposition because the Vioxx pills she claims led to his death didn’t leave the company until six months after he died.