Kansas City, Mo. ? A judge on Tuesday denied a motion to dismiss a lawsuit against two pharmaceutical companies and former pharmacist Robert Courtney, clearing the way for jury selection Thursday.

Senior Judge Lee Wells also ruled the cases against Courtney, Eli Lilly & Co. and Bristol-Myers Squibb Co. would be tried together in Jackson County Circuit Court.

The pharmaceutical companies had sought to have their cases separated from the case against Courtney, who has already pleaded guilty to federal charges of adulterating, misbranding and tampering with chemotherapy medications.

Wells’ ruling came a day after attorneys from both sides met with professional mediator and former Houston judge Susan Soussan.

“I think the judge intended all along that we were going to try this case,” said Eli Lilly’s attorney, Marie Woodbury.

The lawsuit, brought by ovarian cancer patient Georgia Hayes, alleges the drug companies knew or should have known Courtney was diluting cancer medications.

It was the first of hundreds of lawsuits against the drug makers and is considered a barometer of the outcome of the others.

Indiana-based Eli Lilly and Bristol-Myers Squibb, headquartered in New Jersey, contend they have no way of knowing of Courtney’s scheme, and they also dispute whether Hayes who is now in remission suffered lasting harm.