Redstone's media empire included CBS and Viacom.
Disgraced CEO Les Moonves had a squad of enablers in the media company's boardroom.
The case will proceed in Massachusetts.
The move comes amid a heated legal battle over Redstone's media empire.
Family and colleagues of Redstone, 92, are battling over his media empire.
The entertainment is gripped by the trial, as Redstone has majority control of media companies Viacom and CBS.
Viacom said Redstone's compensation in fiscal 2015 declined 85 percent to $2 million from $13 million in fiscal 2014.