Dr. Arnold Klein Won't Give Up

8/6/2009 1:20 PM PDT

Dr. Arnold Klein Won't Give Up

The judge unceremoniously pulled the plug on Dr. Arnold Klein's attempt to insert himself in the Michael Jackson custody case on Monday ... but last night his lawyer told us the doctor will go back for a second round.

Klein's lawyer, Mark Vincent Kaplan, told us last night outside Boa Steakhouse in West Hollywood he'll file legal papers on Klein's behalf sometime after the beginning of September.

Last Monday, Kaplan went before the judge and expressed Klein's concerns over parenting issues involving Jackson's three kids. There are reports Dr. Klein could be the biological father, but he's never acknowledged it. The judge checkmated Kaplan, noting that Klein had no legal standing to lodge objections to the custody settlement between Katherine Jackson and Debbie Rowe.

But clearly Kaplan has something up his sleeve ...

Stay tuned