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NFL, players union ask judge to make Tom Brady decision by Sept. 4

The National Football League and its players union asked a U.S. judge on Friday to decide whether to uphold New England Patriots star quarterback Tom Brady’s four-game suspension in the “Deflategate” case by Sept. 4, before the season begins.

U.S. District Judge Richard Berman in New York, who is overseeing litigation over the suspension, on Thursday urged the two sides to discuss a resolution and to cool down their rhetoric.

Friday’s move was a surprise since the union, on behalf of Brady, had been expected to request an injunction to delay the suspension until Berman could render a resolution.

NFL Commissioner Roger Goodell suspended Brady for the first four games of the season for his alleged role in a scheme to deflate the footballs in the AFC title game in January.

New England’s 45-7 victory over the Indianapolis Colts enabled the Patriots to advance to the Super Bowl, where they defeated the defending champion Seattle Seahawks 28-24 to earn a championship many now view as tainted.

A football inflated below league standards can make it easier to grip for a quarterback.

The request by the NFL and the union asks for motions in the case to be filed by Aug. 7 and replied to by Aug. 14, with the oral arguments and decision to follow shortly thereafter.

The NFL and the union declined to comment on the request.

Ted Wells, an attorney hired by the NFL to investigate how the footballs were deflated, placed the blame on two Patriots employees but said Brady, considered one of the game’s all-time greats, was “at least generally aware” of the plan.

Goodell affirmed the four-game suspension recommended by the NFL’s vice president of football operations, Troy Vincent, and then upheld the penalty after presiding over Brady’s appeal.

While the union cried foul that Goodell affirmed the penalty and then heard the appeal, the NFL claims that the commissioner has that right under the terms of the league’s labor agreement.

The players union also said the appeal hearing was unfair, in part because Goodell denied Brady and his representatives access to evidence and witnesses.

Goodell fined the Patriots $1 million and stripped them of two draft choices for their alleged role in the scheme.

New England’s season begins on Sept. 10 against the Pittsburgh Steelers. If the suspension is upheld, Brady would not return until Oct. 11 when the Patriots visit the Colts.

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