Editor's note: This story
was last updated on Nov. 9.
SportsDay, Dallas News
The 2nd U.S. Circuit Court of Appeals has denied Cowboys
running back Ezekiel Elliott's motion for an injunction. Elliott's
six-game suspension is reinstated, effective immediately. Elliott missed practice
Thursday to attend the hearing in New York. He now can't rejoin his teammates
until preparation begins for the Christmas Eve game against the Seattle
Seahawks.
The 2nd Circuit also granted Elliott's request for an expedited
appeal of the lower court's ruling to reject his request for a preliminary
injunction. The court set that hearing for Friday, Dec. 1, which falls four
games into Elliott's suspension. If he serves the six straight now, he'll miss
the Cowboys' matchups vs. the Atlanta Falcons, Philadelphia Eagles, Los Angeles
Chargers, Washington Redskins, New York Giants and Oakland Raiders.
Here's a look at the wild legal back-and-forth that brought
us to this point.
July 23
On the eve of the first training camp practice in Oxnard, Calif.,
team owner Jerry Jones declares that domestic violence is not an issue in
the NFL's year-long investigation into Elliott.
"There is absolutely nothing, not one thing, that I've seen
that has anything to do with domestic violence," Jones said.
Jones later says he does not expect Elliott to be suspended.
Aug. 11
The league and Commissioner Roger Goodell suspend Elliott six games for
using physical force against a former girlfriend on three occasions. Elliott
disputes the findings.
Aug. 15
Elliott and the NFL Players Association formally notify the NFL
that they will appeal the decision.
Aug. 16
The NFL releases a statement accusing the NFLPA of leaking information in
an attempt to publicly shame Tiffany Thompson, Elliott's accuser. The union
fires back, accusing the league of stooping to new lows.
Aug. 29
Elliott's NFL appeal hearing begins in New York, overseen by
arbitrator Harold Henderson, who
was appointed by Goodell. It lasts two-and-a-half days. Elliott is excused from
practice so that he can attend the hearing and testify.
Aug. 31
Elliott doesn't wait for Henderson to rule before filing a
petition to vacate the NFL's pending arbitration decision in the U.S. District
of the Eastern District of Texas. The next day, he files for an emergency
motion for a temporary restraining order. The lawsuit makes public the NFL's
investigative documents that reveal salacious and intimate details about
Elliott and Thompson's relationship.
Ashley Landis/Staff Photographer
Dallas Cowboys running back
Ezekiel Elliott enters the Paul Brown U.S. Courthouse on Tuesday, September 5,
2017 in Sherman, Texas for a federal court hearing on his preliminary injunction
to block the NFL's ruling on his appeal for a six-game suspension for violating
the league's personal conduct policy. (Ashley Landis/The Dallas Morning News)
Sept. 5
Judge Amos Mazzant holds an emergency
hearing in Sherman, Texas. Elliott attends days before the Cowboys' season
opener. Fans line up outside the courthouse as part of the spectacle. The NFLPA
argues Elliott didn't receive a fair appeal process and the league
intentionally hid the lead investigator's opinion that there wasn't enough evidence
to suspend Elliott. The NFL says it did everything required by the collective
bargaining agreement.
Henderson's decision to uphold the six-game suspension is
announced during the hearing.
Sept. 5
The NFL files a motion in the Southern District of New York to
confirm Henderson's arbitration award.
Sept. 8
Mazzant grants Elliott the injunction that
allows him to play while his case is dealt with in the court system. The judge
slams the NFL's disciplinary process as being unfair to Elliott because he said
some evidence and witnesses were excluded from the appeal hearing.
Sept. 15
The NFL files an emergency motion for a stay of the
injunction with the 5th U.S. Circuit Court of Appeals in New
Orleans. In its filing, the NFL reinforced its argument that Mazzant should never have heard Elliott's case because the
NFL appeals process had not been completed at the time Elliott and the union
filed suit in Texas. Texas could be considered a more favorable site than New
York because of cases the league has won in its backyard.
Sept. 22
The 5th Circuit schedules a hearing to focus on subject matter
jurisdiction.
With Los Angeles Rams
running back Todd Gurley's jersey in hand, Dallas Cowboys running back Ezekiel
Elliott (21) walks to the locker room after their 35-30 loss at AT&T
Stadium in Arlington, Texas, Sunday, October 1, 2017. (Tom Fox/The Dallas
Morning News)
Oct. 2
A three-judge panel from the 5th U.S. Circuit Court of Appeals
hears oral arguments by representatives from the NFL and Elliott in New
Orleans. The NFL wants Elliott's whole case dismissed; Elliott wants the NFL's
effort denied.
Oct. 12
The 5th Circuit rules to vacate the preliminary injunction and
orders Mazzant in the the
Eastern District of Texas to dismiss Elliott's case. The NFL enforces its
suspension of Elliott immediately, though the Cowboys are on a bye week.
Oct. 13
Elliott's representatives ask the 5th Circuit to have the full
court review the ruling and to recall the mandate that allows the NFL to
suspend Elliott immediately.
Oct. 16
Elliott files for an emergency hearing on a temporary restraining
order in the Southern District of New York. A hearing is granted the next day.
Because he is suspended, Elliott has to miss team conditioning and meetings at The
Star and cannot have contact with coaches.
Oct. 17
The hearing is held in New York. Judge Paul A. Crotty grants Elliott a temporary
restraining order through Oct. 30 or until the assigned judge,
Katherine Polk Failla, returns from out of town and can
make a decision on the longer-lasting preliminary injunction. This essentially
allows Elliott to play for the next two games, against the San Francisco 49ers
and Washington Redskins.
Oct. 17 (part two)
The 5th Circuit denies Elliott's motion to recall its mandate.
Oct. 30
U.S. District Judge Katherine Polk Failla denied Ezekiel Elliott's request for a temporary
injunction late Monday night. The decision reinstates the NFL's
six-game suspension of Elliott, who will be eligible to return for the Dec. 17
game against the Oakland Raiders. Barring an unlikely appeal victory, he'll
miss games against the Chiefs, Falcons, Eagles, Chargers, Redskins and Giants.
Nov. 3
The 2nd U.S. Circuit Court of Appeals in New York issues an
administrative stay that allows Elliott to play in Sunday's game against the
Kansas City Chiefs. It is a placeholder of sorts until a three-judge panel can
hear his emergency request for a preliminary injunction, which has more
long-term significance. The stay is not based on the merits of Elliott's
arguments. The identity of the three-judge panel and the ensuing timeline for
the case is not immediately known. Meanwhile, Elliott is practicing Friday at
The Star.
Nov. 9
The 2nd U.S. Circuit Court of Appeals in New York denied
Elliott's motion for an injunction, reinstating his suspension effective immediately. The moves came quickly:
Elliott and the NFLPA, as well as NFL lawyers, argued for roughly 35 minutes
before a three-judge panel. The panel released its decision less than an hour
after arguments concluded.
As it stands, Elliott will miss the Cowboys' next six games and cannot rejoin the team until preparation begins for the Christmas Eve matchup vs. the Seattle Seahawks. The 2nd Circuit has set the hearing for his expedited appeal for Dec. 1, which falls four games into the suspension.