Sports attorney Daniel Wallach reported the news. The NFL has already filed a similar appeal in the 5th Circuit in hopes of forcing Elliott to serve his suspension while his case is heard.
Mazzant was the Texas judge responsible for granting Elliott his temporary stay of the suspension, which is related to allegations of domestic violence. The NFL anticipated the judge would stick with his original decision, hence the filing in the 5th Circuit.
“In its Emergency Motion in front of the Court, the NFL is complaining that the Court essentially issued a premature order by failing to wait for the arbitrator to issue his ruling and therefore, lacked subject matter jurisdiction," Mazzant wrote in his ruling, per Josh Alper of Pro Football Talk. "Oddly, the NFL is now seeking expedited relief from the Fifth Circuit without first waiting for the Court to rule on the identical issue. The irony is not lost on the Court.”
Elliott, 22, has rushed for 112 yards on 33 carries through the Cowboys' first two games. He was held to a career-low eight yards on nine carries in Sunday's 42-17 loss to the Denver Broncos. It was just the second time in his career that he's been held under 80 yards rushing.
Mazzant contends the NFL would not suffer any "injury" if Elliott continues to play while his suspension appeal is heard. He also rejected the league's motion saying Elliott would be unharmed by sitting out because he would be repaid any lost salary if the ban is overturned.