Pretty easy to see what the NFL is doing. They already have a pretty good time line for how the lawsuit is going to go. It took 5 months from filing the lawsuit to the hearing in the AP case. It was then ordered back to arbitration and the NFL was told use the old policy(basically 2 game max). Even if the appeal was denied tomorrow, the courts probably won't get around to it until early November. It then has to go back to appeals and reheard, which we see how long that could take.
In essence, Hardy could miss the 1st 10 PLUS games waiting on this process to play out. He would then be subject to any extra games he has to sit due to the actual suspension if the 2nd appeal gives one. The NFL knows all of these facts and knows Hardy will likely miss 10+ games, unless an injunction is granted that allows Hardy to play, pending the results of the hearing, or the courts bump the hearing to the front of the line (which I think is unlikely). I think the NFL is counting on this being denied. At that point, the court ruling wouldn't matter. Hardy would have missed 25+ games, even if the suspension is reduced to zero. Hardy doesn't win either since he misses those games and also the game bonus checks for 10+ games this season with minimal suspension.
I'm thinking Hardy having any significant playing time this year hinges on the injunction. If thats denied, don't expect to see Hardy playing anytime soon.