Tom Brady open to ban for failing to cooperate; settlement talks at impasse

New England Patriotsquarterback Tom Brady is open to accepting some form of suspension, but only if it can be for failing to cooperate with the NFL rather than admitting to the Wells report findings, sources told ESPN's Adam Schefter on Wednesday.

Even with those parameters, however, league sources said Wednesday thatsettlement discussions on Brady's attempt to overturn a four-game suspension have gone "nowhere."

Brady, who had initially planned to attend Wednesday's federal court hearing in New York for the second straight week, instead joined the Patriots for their joint practices with theNew Orleans Saintsin West Virginia.

Brady and Goodell were both present Tuesday in the meeting with U.S. Magistrate Judge James C. Francis, who is working with U.S. District Court Judge Richard M. Berman, a source told Schefter. The meeting was held at an undisclosed location instead of the federal courthouse in Manhattan in order to avoid media attention, sources told ESPN's Sal Paolantonio.

Berman already has ruled that neither Brady nor Goodell must attend Wednesday's hearing, which primarily is for verbal arguments of the legal briefs that both sides submitted Friday. 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.

Brady's attorneys filed documents 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, Sal Paolantonio, Dan Graziano and Mike Reiss and The Associated Press contributed to this report.