UPDATED | October 16, 2017  9:30 PM

UPDATE: Attorneys for Ezekiel Elliott are hoping to have his six-game suspension put on hold by 3:00 p.m. Tuesday.  They filed a temporary restraining order with the Southern District of New York.


DALLAS (105.3 THE FAN) – Unless things change, Dallas Cowboys running back Ezekiel Elliott will not be playing in Sunday’s game against the San Francisco 49ers, and the NFL wants to keep things that way.

Last Thursday, a three-judge panel from the Fifth Circuit court ruled 2-1 in the NFL’s favor, granting the league’s emergency request to set aside an injunction and ordered a district court in Texas to dismiss Elliott’s case. The ruling cleared the way for Elliott’s six-game suspension for violating the NFL’s Personal Conduct Policy to begin.

On Friday, the NFLPA requested that the full Fifth Circuit Court overturn the mandate handed down by the three-judge panel.

Early Monday, the NFL filed papers with the Fifth Circuit Court of Appeals to deny the players association’s appeal of his suspension and to keep him off the field while the appeal is pending.

Because the NFL Players Association’s appeal hasn’t been heard by the full Fifth Circuit Court, nor do they know if they will hear the appeal, they went ahead and notified the Southern District Court of New York that they will file an appeal in an attempt to get Elliott on the field on Sunday.

The motion to be filed by the NFLPA will ask the federal court in New York to rule on the appeal prior to the NFL’s mandated deadline of 3:00 p.m. cst. for a player to be eligible for that week’s game.

It’s the latest in a case that is ping-ponging through the courts.

“Nobody knows for sure whether he’s going to be on the roster, or playing or not, because of the legal place the case find itself in with the court of appeals reversing that injunction,” says KRLD legal analyst Ed Klein.