In the latest move in litigation swirling around Fox News reporting on the death of Democratic National Committee staffer Seth Rich, a motion by a former Fox News contributor by a pro-Trump Fox commentator against a former contributor to the network was denied by U.S. District Judge George Daniels, appearing to force the plaintiff to respond to a sanctions motion.

The denial in Wheeler v. Twenty-First Century Fox, 17-cv-05807, was stamped on a copy of the Oct. 11 request by counsel for Rod Wheeler, the former Fox News contributor suing Fox Business commentator Ed Butowsky and the network for defamation. Wigdor LLP partner Jeanne Christensen said her client intends to meet an Oct. 23 deadline to either respond to a number of defendants’ motions, or amend the complaint.