NEW YORK - New England Patriots quarterback Tom Brady and NFL commissioner Roger Goodell returned to federal court Monday but a hearing adjourned without a settlement or resolution to the "Deflate-gate" controversy, meaning a judge is expected to rule on the issue later this week.
Quarterback Tom Brady of the New England Patriots leaves federal court after contesting his four game suspension with the NFL on August 31, 2015 in New York City
US District Judge Richard Berman had ordered the hearing for a status report on his request that sides make renewed efforts at a settlement.
Neither side presented new arguments in the four-minute session, which ended with Berman saying his ruling would come by the end of the week and indicating he could rule by Wednesday.
"We did not reach a settlement. Parties tried hard," said Berman, adding that he expected to issue his ruling on Tuesday or Wednesday but "certainly before September 4th."
Goodell suspended Brady for four games over the controversy, which centered around footballs for the American Conference finals playoff game being found to be inflated below NFL minimum levels.
Despite no confirmation that Brady knew the footballs were underinflated, investigators said it was highly likely that Brady knew of the actions taken by Patriots employees with the footballs, which would be easier to grip, grab and throw if underinflated.
Brady has denied any wrongdoing or knowledge of such moves by others but Goodell imposed a four-game ban upon him. Brady appealed the ruling but Goodell rejected the appeal and neither man has backed down even as Brady pushed the matter to the US legal system.
Berman has sought compromise with the upcoming season now only days away, but even his ruling might not now be the end of the affair.
Brady is expected to appeal any suspension through a court injunction to the second circuit appeals court, making the case that he would suffer irreparable harm by missing the first four games of the season.
NFL investigator Ted Wells found Brady uncooperative when asking questions about the January playoff game, which the Patriots won on their way to capturing the Super Bowl crown. In the appeal hearing in June, Brady was found to have destroyed a cell phone but said he typically does that to preserve family privacy.
Goodell upheld the suspension on July 29, prompting Brady and the NFL Players Association to push the matter into federal court.
Berman has been asked to toss out the entire suspension and the judge has told the NFL there was precedent for judges to dismiss out penalties issued by arbitrators.
If Brady's suspension stands, the Patriots could potentially be forced to bench him in favor of reserve Jimmy Garoppolo for their opening September 10 game as well as games on September 20 at Buffalo, September 27 at home against Jacksonville and at Dallas on October 11.