The NFL filed a motion to dismiss its case against Dallas Cowboys running back Ezekiel Elliott on Monday night, according to USA Today Sports.
Along with the motion to dismiss Elliott’s case, USA Today Sports reported the NFL also filed a motion to dismiss the NFLPA’s temporary restraining order filed on Friday against the league in U.S. District Court in an effort to block Elliott from serving his six-game suspension.
ESPN’s Adam Schefter reported on Tuesday morning Elliott will attend a hearing in Sherman, Texas on Tuesday.
"In an improper race to the courthouse, Petitioner National Football League Players Association (the "NFLPA") has defied binding precedent squarely foreclosing its premature suit," the NFL's motion said, according to USA Today Sports. "This court lacks jurisdiction and the NFLPA lacks standing to raise the claims or seek the relief set forth in the Petition."
In her testamony at Elliott's appeal hearing last week, the NFL's lead investigator Kia Roberts recommended Elliot should not serve his six-game suspension for allegedly abusing his ex-girlfriend over a year ago after speaking with the alleged victim, according to the Fort Worth Star-Telegram.
If no ruling is made by 4 p.m. on Tuesday, Elliott will be able to play in the Cowboy’s season opener against the New York Giants on Sunday night.
