Well, I certainly don't know what the proper legal sequence would be, but...
If nothing can be gained immediately, by filing a suit right away, and we have enough time before we would pass any deadline for doing so...then...being the vindictive sonofabitch I can be at times, I would setup and prepare my case as well as humanly possible. Not giving the slightest hint of my intentions to Herr Goodell, or the other owners. Then, on the afternoon of Wednesday, September 5th 2012, Kickoff of the 2012 NFL season, featuring Mara's Giants, accompanied by tipped off media folk, I'd file my Scorched Earth Lawsuit. Stealing the NFL's, and Mara's day, and turning all the talk leading up to, during, and after the game, to the NFL losing their anti-trust exemption, etc...
After all, turnabout is fair play.