Updated at 3 p.m. with Brady’s change of plans

Tom Brady was conspicuously absent when the New England Patriots took the field for practice Tuesday morning, prompting speculation that he would attend the DeflateGate hearing before Judge Richard Berman in a New York on Wednesday.

Although last week’s reports indicated that the presence of neither Brady nor NFL Commissioner Roger Goodell, who upheld Brady’s four-game suspension and triggered this journey to federal court in lower Manhattan, was required or likely, an early report from USA Today’s Tom Pelissero indicated that he would attend.

However, that changed as the afternoon wore on and Pelissero wrote that, “with settlement talks going nowhere,” Brady had changed his mind and would join the team Wednesday.

Both sides seem entrenched, with a settlement unlikely, and now court artist Jane Rosenberg won’t get the chance for a do-over after her non-dreamy courtroom sketch of Brady last week went viral.