A judge has set a hearing date to decide if Mike McQueary's lawsuit should be delayed.
Monday, attorneys for Penn State filed that request.
They want to delay the lawsuit until after the Tim Curley and Gary Schultz trial has concluded as Mike McQueary may be a key witness.
Mcqueary is currently suing Penn State for 4-million dollars for defamation.
On October 30th, a judge will decide whether or not to grant the delay.