On Friday, Judge Susan Carney of the U.S. Court of Appeals for the Second Circuit granted Cowboys running back Ezekiel Elliott an administrative stay, allowing him to play on Sunday against the Chiefs. The next step in the suspend-unsuspend-resuspend odyssey will come in the next few days.
Specifically, a three-judge motions panel will rule this week on the motion to stay the suspension pending the full-blown appeal of Judge Katherine Polk Failla’s decision not to award Elliott an injunction blocking the suspension pending resolution of the case. Per a source with knowledge of the situation, the parties currently do not know the identity of the judges, or when specifically the ruling will come. No further briefs will be submitted or hearings will occur before the decision comes.
If Elliott wins, he will play until the appeal of Judge Failla’s ruling is resolved (and if he wins the appeal, he keeps playing). If Elliott loses, he will be suspended unless and until he wins the appeal of Judge Failla’s denial of an injunction.
According to the source, it’s not known when the appeal will be resolved. Elliott’s counsel has proposed a schedule that would entail a hearing in December. The court, however, has not yet set a timeline.