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.