Attorneys for Dallas Cowboys star Ezekiel Elliott are set for an emergency hearing in federal court in New York as they try again to stop the running back's six-game suspension over domestic violence allegations.
Elliott's legal team filed a request for a temporary restraining order Monday and will get a hearing Tuesday in the Southern District of New York.
Last year's NFL rushing leader is suspended for Sunday's game at San Francisco after a federal appeals court overturned an injunction that had allowed him to play this season.
The case is shifting to New York because the 5th U.S. Circuit Court of Appeals in New Orleans ordered the dismissal of Elliott's lawsuit in Texas.
On Monday morning, the NFLPA acknowledged that his suspension was in effect and he was not allowed at the team's facilities.
The union has already requested a hearing of the full panel of judges with the Fifth US Circuit Court of Appeals to reverse last week's decision by the three-judge panel.
But they opted to seek action from the New York court in a bid to allow Elliott to play in the meantime.
"The Texas action is now in a procedural limbo such that the NFLPA must seek preliminary injunctive relief before this court," the NFLPA wrote.
Elliott, 22, was suspended by the NFL over accusations he assaulted his ex-girlfriend.
The punishment was handed down by commissioner Roger Goodell on August 11 after a 13-month league investigation.
But Elliott, the fourth overall selection in the 2016 draft, was never arrested nor charged by police in the incident.
With the case in court, Elliott has played five games for the Cowboys this season.