Rod Stewart's assault charges are 'very close' to being resolved outside court, US judge is told after rock star 'punched security guard in ribs and made Nazi salute while partying on New Year's Eve'

Sir Rod Stewart's assault charges are 'very close' to being resolved outside court, a US judge has been told.

The musician, 75, and his son Sean, 40, have been charged with simple battery following an alleged incident involving security guard Jesse Dixon at a luxury hotel in Palm Beach, Florida on New Year's Eve 2019.

Both men pleaded not guilty. 

Footage of the incident, obtained and published exclusively by DailyMail.com several weeks after the fight, revealed that Sir Rod performed what appeared to be a mock Nazi salute before thumping Dixon.

His wife and their two sons, 14-year-old Alastair and Aiden, eight, were standing nearby as the musician, wearing a glittering gold lame jacket, raised his right arm high above his head and placed his left hand above his mouth - appearing to imitate a moustache.

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The musician (pictured on the night of the alleged fight), 75, and his son Sean, 40, have been charged with simple battery following an alleged incident involving security guard Jesse Dixon at a luxury hotel in Palm Beach, Florida on New Year's Eve 2019

The gesture appeared to be a response to Dixon ordering the children to leave a playground area.

'It's obvious Rod wasn't going to get involved until he felt his son was in danger,' a source in Stewart's camp told DailyMail.com after the footage emerged in February.

'Rod was just trying to defend his boy. No jury in Florida is going to convict him for that.' 

At a pre-trial hearing on Wednesday Guy Fronstin, who is representing both Sir Rod and Sean, asked to be given more time for the case to be settled, adding: 'We are very close to resolution, we are just not quite there yet.

'So if your honour would give us one more continuance, I think we will have it resolved by then.'

Footage of the incident, obtained and published exclusively by DailyMail.com several weeks after the fight, revealed that Sir Rod performed what appeared to be a mock Nazi salute before thumping Dixon

He added there had been 'a lot of contact over this'.

Judge August Bonavita agreed for another pre-trial hearing date to be set for January 29.

However, he added that if an agreement was not struck by then the case would proceed to a jury trial.

'The case is getting older,' he said.

'This will be a final pre-trial, so if it is not resolved at the next pre-trial, I will put it on the list for jury trial for both cases.'

Mr Fronstin had indicated at a previous hearing in October that he did not think the case would go to trial.

Pictured is security guard Jesse Dixon 

Stewart appears to perform an ironic Nazi salute (pictured left and right) with his right arm extended high above his head while he formed a moustache with his left hand

Sir Rod and his son were charged following an alleged altercation with the guard at the Breakers Palm Beach Hotel.

Mr Dixon alleges the musician and his son were part of a group that objected to being denied entry to a private party in a children's area, according to police documents.

When asked to leave, it is alleged Sir Rod and his group 'began to get loud and cause a scene', before Sean got 'about nose to nose' with Mr Dixon.

The guard claimed to have been pushed by Sean before Sir Rod came towards him and punched him in the ribs.

Wednesday's hearing was conducted over Zoom.