Tom Brady expected to skip hearing

ByABC News
August 18, 2015, 3:42 PM

— -- Tom Brady has changed his mind and is not expected to attend the latest court hearing in his battle to overturn a four-game suspension, sources have confirmed to ESPN.

Brady was in New York on Tuesday to participate in settlement talks and, according to multiple reports, initially had planned to attend a federal court hearing for the second straight week Wednesday.

But after little progress was made in settlement talks between Brady, the NFL and the players' union, the star quarterback has decided to join the New England Patriots for their practice Wednesday in West Virginia -- a joint workout with the New Orleans Saints -- rather than attend the hearing.

Brady and NFL commissioner Roger Goodell both were present for Tuesday's settlement meeting, a source told ESPN's Adam Schefter. But the talks "got nowhere," the source told Schefter.

Judge Richard M. Berman already has ruled that neither Brady nor Goodell must attend Wednesday's hearing. The NFL is declining to identify who from the league will attend Wednesday's hearing, a source told ESPN.

Berman repeatedly has instructed Brady, the NFL and the players' union to attempt to reach a settlement and to tone down rhetoric in the case. Both Brady and Goodell appeared in Berman's court last Wednesday, although little progress was made.

While Brady was busy at the settlement talks, second-year quarterback Jimmy Garoppolo and recently signed veteran backup Ryan Lindley handled the snaps Tuesday at the Patriots' practice in Foxborough, Massachusetts.

"Brady is a key part of this team, a leader," Patriots cornerback Malcolm Butler said. "There's nothing like having Brady out there. But if he's there or not, we're still going to work hard either way." Brady's attorneys filed documents on Friday in U.S. District Court, alleging a smear campaign against the two-time NFL MVP and reiterating their claims of unfair treatment by Goodell and the league.

Brady is seeking to overturn the suspension for his role in the use of deflated footballs in the AFC Championship Game. Goodell upheld the suspension on July 29 when Brady appealed, prompting Brady to file suit in federal court.

ESPN's Adam Schefter, Dan Graziano and Mike Reiss and The Associated Press contributed to this report.