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NFL files motion to dismiss Elliott's temporary restraining order

Matthew Emmons / USA TODAY Sports

The NFL has filed a motion to dismiss the temporary restraining order filed by the NFLPA on behalf of Ezekiel Elliott.

The restraining order had been filed by the NFLPA against Elliott's six-game suspension for breaching the league's personal conduct policy, and the NFL is now arguing that the Dallas Cowboys running back does not have the legal standing to challenge that suspension in federal court.

Elliott is scheduled to have a hearing for the temporary restraining order Tuesday at 6 p.m. ET in Texas. That follows a three-day appeal hearing from last week, from which the results have not been announced. If head arbitrator Harold Henderson does not make a ruling by 4 p.m. ET on Tuesday, Elliott will be eligible to play Week 1 against the New York Giants.

Given that a ruling has not been made on Elliott's appeal of his suspension, the NFL's lawyers are arguing that courts cannot be asked to overturn a decision that has yet to be made, citing an "improper race to the courthouse," according to NFL Network's Tom Pelissero.

The NFL's move was expected, as the league has filed similar motions against the NFLPA's previous appeals, famously going to legal war with Tom Brady over his Deflategate suspension in 2016.

According to Cowboys coach Jason Garrett, Elliott is not planning to attend Tuesday's hearing for his temporary restraining order, and will instead practice with the team.

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