Judge Thomas Gavin's ruling comes after a hearing Friday at the Centre County Courthouse in Bellefonte.
The university wants the case delayed until after the January criminal trial of two former university officials.
McQueary's lawyer says the case should get started while the charges against ex-athletic director Tim Curley and former vice president Gary Schultz proceed. Former school President Graham Spanier has also been charged.
The three are charged over their handling of abuse complaints involving convicted ex-assistant football coach Jerry Sandusky.
Meanwhile, another Centre County judge has delayed post-trial arguments in Sandusky's sex-abuse case until January, after both sides file briefs next month.
