It IS on – like DONKEY KONG – as judge grants retrial in DESPERATE HOUSEWIVES trial of NICOLETTE SHERIDAN against her alleged bitch slapping producer MARC CHERRY.

When a Los Angeles Superior Court jury failed to reach a verdict in March in the first trial between Sheridan and ABC over whether she was axed by as payback for complaining about mistreatment at the hands of series creator Marc Cherry there was a possibility the case might have been settled.

Not now.

Judge Elizabeth Allen White has set a September 10 date for a re-trial of the bitterly contested legal war.

Sheridan's attorneys had asked impose sanctions on ABC attorneys for their conduct during the first trial, but that request was denied during a hearing today.