NFL Files Reply Brief, Awaits Decision on Injunction Allowing Ezekiel Elliott to Play
Decision on whether to oveturn injunction allowing Elliott to play could come Monday
By Todd L. Davis and Schuyler Dixon ••
The NFL has filed a reply brief with an appeals court Monday while awaiting a decision on whether an injunction allowing Dallas Cowboys running back Ezekiel Elliott to play during his legal battle with the league would be overturned.
The league is trying to accelerate the timeline in its appeal of U.S. District Judge Amos Mazzant's injunction that blocked Elliott's six-game suspension over a domestic violence case in Ohio.
"The bottom line is that the district court had no basis to act at all, let alone to deem procedural rulings firmly grounded in the parties’ CBA fundamentally unfair," the reply brief stated.
An emergency motion filed by the NFL with the U.S. Fifth Circuit Court of Appeals Friday requested a ruling by Sept. 26 on its request to overrule Mazzant's decision on the injunction. (See all the court documents below.)
On Monday Mazzant denied the NFL's request filed last week that he suspend his injunction -- which means Elliott can still play for the time being.
Mazzant's decision Monday was expected and came after the NFL had already moved on to the U.S. 5th Circuit Court of Appeals in New Orleans with the same request. In his ruling Monday, Mazzant criticized the NFL for not waiting for his decision after using the argument of premature filings against the NFL Players Association in Elliott's request for the injunction. The judge wrote that the "irony is not lost on the court."
The NFL filed a request for an emergency stay with the appeals court Friday, and the union issued a response the next day. The league responded to the union's filing Monday. All the filings make similar arguments from the original lawsuit the NFLPA filed on Elliott's behalf in Mazzant's court.
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DENVER, CO - SEPTEMBER 17: Denver Broncos cheerleaders perform during a game between the Denver Broncos and the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Denver Broncos cheerleaders perform during a game between the Denver Broncos and the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Head coach Jason Garrett of the Dallas Cowboys reacts to a play in the second half of a game against the Denver Broncos at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Trevor Siemian #13 of the Denver Broncos is sacked by defensive end Demarcus Lawrence #90 of the Dallas Cowboys forcing a fumble and turnover in the second quarter of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: Head coach Vance Joseph of the Denver Broncos looks on during the national anthem before a game against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Strong safety Justin Simmons #31 of the Denver Broncos runs onto the field during player introductions before a game against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Trevor Siemian #13 of the Denver Broncos looks on during the national anthem before a game against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Running back C.J. Anderson #22 of the Denver Broncos escapes from a group of Dallas Cowboys defenders in the first half of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Wide receiver Dez Bryant #88 of the Dallas Cowboys has a 3 yard touchdown reception in the second quarter of a game against the Denver Broncos at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Wide receiver Dez Bryant #88 of the Dallas Cowboys celebrates after a 3 yard touchdown reception in the second quarter of a game against the Denver Broncos at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Dak Prescott #4 of the Dallas Cowboys celebrates with Jason Witten after throwing for a second quarter touchdown at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Matthew Stockman/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Trevor Siemian #13 of the Denver Broncos keeps the ball and is chased by strong safety Kavon Frazier #35 of the Dallas Cowboys in the second quarter of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: Wide receiver Demaryius Thomas #88 of the Denver Broncos celebrates after a first down catch in the second quarter of a game against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Dak Prescott #4 of the Dallas Cowboys passes against the Denver Broncos int he second quarter of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Tight end Virgil Green #85 of the Denver Broncos runs into the end zone with a third quarter touchdown against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: Tight end Virgil Green #85 of the Denver Broncos runs into the end zone with a third quarter touchdown against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: Running back C.J. Anderson #22 of the Denver Broncos rushes past strong safety Jeff Heath #38 of the Dallas Cowboys for a third quarter touchdown at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Running back C.J. Anderson #22 of the Denver Broncos celebrates a third quarter touchdown with teammates during a game against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Cornerback Bradley Roby #29 of the Denver Broncos breaks up a pass intended for wide receiver Dez Bryant #88 of the Dallas Cowboys in the end zone in the fourth quarter of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Dak Prescott #4 of the Dallas Cowboys rushes under pressure by outside linebacker Von Miller #58 of the Denver Broncos in the fourth quarter of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Running back Ezekiel Elliott #21 of the Dallas Cowboys rushes against the Denver Broncos in the second half of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Dak Prescott #4 of the Dallas Cowboys passes under pressure by the Denver Broncos defense in the fourth quarter of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Trevor Siemian #13 of the Denver Broncos and quarterback Dak Prescott #4 of the Dallas Cowboys shake hands on the field after a 42-17 Broncos win at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: A Denver Broncos fan cheers in the fourth quarter of a game against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: Cornerback Jourdan Lewis #27 of the Dallas Cowboys runs after a fourth quarter interception against the Denver Broncos at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: Quarterback Trevor Siemian #13 of the Denver Broncos scrambles against the Dallas Cowboys in the third quarter of a game at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Dustin Bradford/Getty Images)
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DENVER, CO - SEPTEMBER 17: A Denver Broncos cherleader performs during their game against Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Matthew Stockman/Getty Images)
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DENVER, CO - SEPTEMBER 17: Terrence Williams #83 of the Dallas Cowboys tries to break free from Bradley Roby #29 of the Denver Broncos at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Matthew Stockman/Getty Images)
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DENVER, CO - SEPTEMBER 17: Brice Butler #19of the Dallas Cowboys makes a reception against the Denver Broncos at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Matthew Stockman/Getty Images)
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DENVER, CO - SEPTEMBER 17: Virgil Green #85 of the Denver Broncos celebrates after scoring a touchdown against the Dallas Cowboys at Sports Authority Field at Mile High on September 17, 2017 in Denver, Colorado. (Photo by Matthew Stockman/Getty Images)
Elliott's team responded to the motion with a statement that read, in part:
The NFL's latest legal maneuvering appears to be indicative of a league with an agenda: trying to navigate a public relations crisis rather than focus on fairness and fact finding. The only conclusion that can be drawn is that the NFL believes it can write its own rules and will stop at nothing to further its agenda of enforcing its unfounded assertions regarding Mr. Elliott.
The 22-year-old Elliott was suspended by Commissioner Roger Goodell last month, and attorneys representing Elliott for the NFL Players' Association contended in a lawsuit that Elliott didn't get a fair hearing in an appeal that was denied.
Elliott was suspended after the league concluded he had several physical confrontations last summer with Tiffany Thompson, a former girlfriend. Prosecutors in Columbus decided not to pursue the case, citing conflicting evidence.
Attorneys for Elliott argued that the NFL can't meet the standard for irreparable harm because the league can still suspend the Dallas star if its wins on appeal. The league argues that the harm is in Mazzant's ruling interfering with a labor deal that was approved by both sides.
The NFL said its conclusions in suspending Elliott after a yearlong investigation were based on photographs, text messages and other electronic evidence. The running back denied the allegations under oath during the appeal.
The league argued that it acted within the parameters of a labor agreement that gives Goodell broad authority to suspend players, and that the appeal process was consistent with its personal conduct policy.
Attorneys for Elliott contended that the appeal hearing before Harold Henderson was unfair because Henderson barred Thompson and Goodell from testifying and excluded notes from the investigation that were favorable to Elliott. Mazzant's ruling for the injunction largely agreed.
