The wait for at least a temporary resolution to the DeflateGate controversy will be just a little bit longer, as the judge presiding over Tom Brady's lawsuit to overturn his suspension wrote late Tuesday afternoon that he may not have a decision until the end of the week.
U.S. District Judge Richard Berman indicated on Monday, after declaring no settlement had been reached between Brady and the NFL, that he might have a decision as early as Tuesday. But Berman issued a one-sentence statement that read, "The Court anticipates issuing its Decision and Order by the end of the week."
Berman said after a final round of settlement talks on Monday that he likely would have his ruling on Tuesday or perhaps Wednesday. He initially told the two sides that he would have a decision no later than Friday, which may now be the case.
Brady, who was suspended for the first four games of the season over his alleged role in the Patriots using intentionally deflated footballs in the first half of the AFC Championship Game against the Colts on Jan. 18, is scheduled to begin serving his suspension starting Saturday. The Patriots open their season a week from Thursday against the Pittsburgh Steelers in a nationally televised game at Gillette Stadium in Foxborough, Massachusetts.
Berman summoned Giants president and co-owner John Mara and NFL kicker Jay Feely, a member of the NFL Players Association's executive council, to Monday's settlement talks. Also on hand Monday was NFL lead attorney Jeff Pash, who did not participate in Brady's appeal hearing in June and caused Brady attorney Jeffrey Kessler to complain about his absence to Berman in a court appearance on Aug. 19. Even with their presence, the two sides failed to bridge significant differences to reach a settlement.
"We understand Tom's position and the process will work itself out," Feely said outside the courthouse after the hearing adjourned on Monday.
Feely said in an interview with radio host Dan Patrick on Tuesday that Brady "was not going to admit culpability. He wasn't going to admit to something that he didn't do. If they would've said he didn't cooperate with the investigation, then we could've probably found common ground."
Feely added, "What [the NFL is] saying is that, even if it happened, they responded to a small speeding ticket like it was a homicide case."
The NFL was believed to be willing to reduce Brady's suspension but appeared unwilling to settle without the quarterback sitting out for at least a portion of the season. Brady has been adamant about not admitting any guilt in connection with the use of deflated footballs, saying that he did not participate in a scheme to have equipment workers Jim McNally or John Jastremski take air out of the balls and thus make them easier to grip.