The judge and the lawyers representing fans suing the Cowboys, Jerry Jones and the NFL will discuss the next steps in the case on Thursday.
A mediator was used to try and broker a deal that would have settled the suit out of court, but that process failed.
Temporary seats were built for Super Bowl XLV in 2011. Roughly 3,200 fans were affected when not all of the seats were finished by game time, deemed to be unsafe. Many fans were relocated to new areas, some with less than ideal viewing options, but 400 fans were left outside.
The NFL tried to compensate the affected fans. However, the displaced fans have not agreed to any settlement.
The fans in this case are seeking $5 million in damages.