By Sandra Rose  | 

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Don Lemon's sexual assault accuser will get his day in court.

On Wednesday, a federal judge set a date for jury selection in the civil sexual assault case filed by former bartender Dustin Hice.

Lemon had asked the judge to dismiss the case, however, the judge denied his motion.

Hice claims Lemon was drunk in 2015 when he fondled himself at the Old Stove Pub, a bar in Sag Harbor. Hice worked as a bartender at the Old Stove Pub at the time.

In his lawsuit filed in the Eastern District of New York in 2019, Hice said that after Lemon fondled himself he rubbed his hand in Hice's face, saying, "Do you like pussy or dick."

Hice claims he fled the bar in shock and was left traumatized by the incident. Hice, who lives in Florida, said his guilt and shame prevented him from working at the bar during his summers in New York.

In his lawsuit, Hice, 41, said he never flirted with Lemon, he is a heterosexual, and only offered to buy the CNN anchor a drink as a friendly gesture.

Lemon, 55, has vigorously denied the allegations and even offered to settle the lawsuit out of court, but Hice refused.

"The plaintiff in this lawsuit has previously displayed a pattern of contempt for CNN on his social media accounts," a CNN spokesperson told Mediaite. "This claim follows his unsuccessful threats and demands for an exorbitant amount of money from Don Lemon. Don categorically denies these claims and this matter does not merit any further comment at this time."