A Montgomery Country judge ruled yesterday (February 3) that a sexual assault case against Bill Cosby will move forward after lawyers argued over the validity of a 2005 agreement between the comedian’s team and a former district attorney.

Cosby’s team believed that Bruce Castor’s promise to never prosecute the matter after a settlement was reached continued to remain valid. Judge Steven O’Neil countered explaining “there was no basis to grant the relief,” according to CNN. The incident at question is a 2004 alleged assault by Cosby against a former Temple University employee.

In December, Cosby was charged with aggravated indecent assault against Andrea Constand. The legendary entertainer did not enter a plea and now a new DA, Kevin Steele, will continue to move forward in the matter. The case was settled in a civil suit at the time and the deposition Cosby gave has been unsealed, resulting in “new evidence.”

A preliminary hearing is scheduled for March 8.