NEW YORK — Judge Katherine Polk Failla dissolved the temporary restraining order for Ezekiel Elliott and denied him an injunction Monday night, meaning that the Dallas Cowboys running back’s six-game suspension over domestic violence allegations is set to go into effect.
The decision is stayed for 24 hours to allow for the option to appeal.
Elliott, is now slated to miss games against the Kansas City Chiefs, Atlanta Falcons, Philadelphia Eagles, Los Angeles Chargers, Washington Redskins and New York Giants. He is eligible to return Dec. 17 against the Oakland Raiders.
Failla presided over a status hearing Monday evening that spanned two hours. Forty-six people attended the hearing, which was held in a courtroom on the sixth floor of the U.S. District Court for the Southern District of New York in Lower Manhattan.
“While reasonable minds could differ on the evidentiary decisions made by the arbitrator, the proceedings in their totality accorded with the (collective bargaining agreement) and the (personal conduct policy) — and, to the extent such an inquiry applies, with precepts of fundamental fairness,” Failla wrote in her decision.
“The arbitrator gave Mr. Elliott ample opportunity, in terms of both proceedings and evidence, to challenge the Commissioner’s decision before the arbitrator; the arbitrator’s ultimate decision against Mr. Elliott does not render these proceedings any less fair. Accordingly, the Court dissolves the temporary restraining order that has been in place since October 17, 2017, and denies the NFLPA’s motion.”
The NFL Players Association, which has been representing Elliott, can elevate the case to the 2nd Circuit Court of Appeals.
Elliott, who according to a report was involved in a late-night incident at a Dallas bar Sunday, signed a four-year deal worth a fully guaranteed $24.956 million last year as the fourth overall pick in the draft. He received a signing bonus of $16.350 million and received the final deferred installment of the bonus in March.
If he is suspended, the guarantees on the contract will void and he will have to pay back some of the already-earned signing-bonus money.
Elliott’s base salaries for 2017-19 are worth $1.584 million, $2.718 million and $3.853 million. If he were to miss a game (or games) because of a suspension, he would still make those amounts for as long as he is on the roster, but they would no longer be guaranteed if he were to suffer an injury that would end his career.
Elliott also would have to repay close to $240,000 in signing-bonus money he has received for each game missed.
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