Dallas Cowboys running back Ezekiel Elliott's hopes for getting back on the field and in the lineup for Sunday's game against San Francisco 49ers rests with a New York judge.
Elliott's request for a recall of the mandate by the Fifth Circuit Court of Appeals, throwing out the preliminary injunction that was blocking a six-game suspension for violating the NFL's personal conduct policy, was rejected Tuesday morning.
But Elliott was granted a hearing by Southern District Court of New York today on his motion for a new temporary restraining order or preliminary injunction. The hearing is in session now.
If granted, Elliott could return to practice on Wednesday and play in Sunday's game until the case is heard in court.
As of now, he is suspended and barred from the Cowboys headquarters until Nov. 24.
Judge Amos Mazzant of the Eastern District of Texas has no choice now but to throw out the Elliott ruling that was ordered by the Fifth Circuit Court of Appeals last Thursday before Elliott's lawyers asked for the mandate to be recalled and requested for re-hearing before the full appellate court.
In it's ruling on Tuesday, the Fifth Circuit said Elliott can still seek an en banc re-hearing under the Federal Rules of Appellate Procedures and the Fifth Circuit Rules.
But the initial injunction is out. And Elliott is suspended unless he is granted a new TRO or injunction by Judge Paul A. Crotty in New York today.