10/22/2013 04:59 EDT | Updated 01/23/2014 06:58 EST

Todd Bertuzzi, Steve Moore trial has new start date

It will be more than 10 years since Todd Bertuzzi attacked Steve Moore, but a new court date for Moore's civil suit against Bertuzzi has been set. 

The trial will begin on Sept 8, 2014, and is scheduled to last three months before a jury.

On March 8, 2004, Bertuzzi, then playing for the Vancouver Canucks, drove Moore, then playing for the Colorado Avalanche, to the ice with a punch during an NHL game. Moore suffered three fractured vertebrae and hasn't played since. 

Bertuzzi is in his fifth season with the Detroit Red Wings.

Moore filed this lawsuit in 2006. He's seeking $38 million.

This case was scheduled to go to trial last fall, but that deadline was missed after the revelation of a secret deal between Bertuzzi and Orca Bay, the owners of the Canucks.

Bertuzzi and Orca Bay lost an appeal to keep secret the details of an agreement that shares costs between them should they lose the lawsuit brought against them by Moore.

Moore's lawyer, Tim Danson, learned of the agreement earlier in 2012 and won a decision to have it released to him, but not for public disclosure.