For the first time, Patriots quarterback Tom Brady was believed to be "open" to serving a one-game suspension for not cooperating with Ted Wells' investigation as part of a potential settlement. It was a possibility heading into settlement talks in court Monday, according to someone briefed on his thinking.
However, talks never got that far.
Settlement talks between Brady and the NFL broke down Monday when Judge Richard M. Berman visited the two sides and informed them they were too far apart and there was no point to continuing. As has been the case over the past several weeks, talks never evolved because the Patriots quarterback maintained his position that he would not accept the findings of the Wells Report and was unwilling to accept responsibility for his potential role in the deflation of footballs.
Publicly and privately, Brady has maintained that he had no involvement in the situation. He has realized, and his lawyer Jeffrey Kessler has said it publicly, that he should have been more forthcoming in cooperating with Wells' team.
Meanwhile, the NFL appeared poised to offer to shorten Brady's four-game suspension by two games, provided he accept some responsibility. But no offer was made because discussions never reached that point.
Until there is a ruling by Berman, the door remains open for a settlement, according to a source involved in the situation.