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.

Talks never got far as settlement talks broke down on Monday and Judge Richard Berman informed both sides they were too far apart to continue.

Brady 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.

The NFL appeared set to offer to shorten Brady's four-game suspension by two games, provided he accept some responsibility.

The NFL and Tom Brady were unable to reach a settlement, which means Judge Richard Berman will make a decision on his four-game suspension.

“We did not reach a settlement. The parties tried quite hard I think,” Berman said, via Stephen Brown of the New York Daily News. “In some case [a settlement] doesn’t happen. This is one of those cases.”

A ruling likely will come on Tuesday or Wednesday as both sides have asked Berman to decide by Sept. 4.

Berman could uphold the suspension, reduce or eliminate the suspension or rule for another appeal heard by someone other than Roger Goodell.

A Santa Clara County (California) grand jury has indicted Ray McDonald on one count of rape of an intoxicated person.

The District Attorney's office also charged Ahmad Brooks with misdemeanor sexual battery, the Santa Clara County District Attorney's office announced Wednesday.

McDonald was formerly with the San Francisco 49ers, while Brooks remains part of the team.

The charges stem from an incident that occurred Dec. 15, 2014, at McDonald's home. The separate assaults occurred the same evening against the same victim, according the district attorney.

"The organization is aware that a misdemeanor charge has been filed against Ahmad Brooks stemming from a December 2014 matter," 49ers general manager Trent Baalke said in a statement. "We take any charge against a member of this organization seriously and are in communication with the NFL. Ahmad is returning home to California and will not participate in Saturday's game."

Judge Richard Berman has scheduled a hearing for Aug. 31st that both Tom Brady and Roger Goodell must attend.

Berman has urged the NFL and the union to reach a "logical and rational" conclusion to the dispute.

Berman will rule on the case by Sept. 4th if no deal is reached.

Berman reportedly was critical of Goodell's comparison of ball deflation to steroids and that the Wells Report has no Brady link to Jan. 18. Herman had issues with the language of the Wells Report and the appeal process.

"There is a bit of a quantum leap from the finding of Mr. Wells to the finding of Mr. Goodell," said Berman.

The New England Patriots' first game will be played on Sept. 10th.

Tom Brady is open to accepting a suspension of some form if it is only for failing to cooperate with the NFL rather than admit guilt in Deflategate.

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

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.

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.

Settlement negotiations between Tom Brady and the NFL were at a stalemate on Tuesday.

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

But the sides "got nowhere," a source told Schefter, prompting Brady to change his mind and join the New England Patriots for their practice Wednesday in West Virginia.

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.

Aldon Smith has been released by the San Francisco 49ers following his arrest on Thursday night on high-and-run, driving under the influence and vandalism charges.

The arrest was Smith's third on suspicion of drunken driving since entering the league in 2011.

Trent Baalke met with Smith after he left jail, and after Smith refused to take responsibility for being arrested, the team decided to release him, a team source told ESPN's Jim Trotter.

Smith has been one of the NFL's most productive pass rushers since entering the NFL.