The fact the hearing is so late in the week suggests the court will not have a verdict before Sunday's game, allowing Elliott to play this week against the Falcons.
Elliott told reporters that he hasn't ever considered accepting his suspension because "it's bigger than football." That's not who I am. "So every day is worth fighting". Elliott, who was not arrested or charged in the case, maintains his innocence after being accused of assaulting his former girlfriend in Columbus, Ohio.
The NFL, however, found there was sufficient evidence to suspend Elliott six games - the baseline punishment for domestic violence under the league's personal conduct policy - in August.
None of the judges assigned to Elliott's case presided over the NFL's winning appeal in Patriots quarterback Tom Brady's four-game suspension in the Deflategate case.
"We note that the issuance of an administrative stay does not constitute a resolution on the merits", Susan L. Carney, a judge on the 2nd Circuit, wrote in Friday's filing.
It's unclear how many games they have proposed to the NFL, but neither the league nor the NFLPA intends to settle this case and have Elliott's suspension reduced at this time, sources said.
If the three-judge panel rejects the request for a preliminary injunction with an announcement Thursday night or Friday, then Elliott's six-game suspension would begin. "He knows the system".
The NFL is unlikely to agree upon a settlement with Elliott.