A federal judge denied Vanderbilt QB Diego Pavia's request for a temporary restraining order that would grant him another year of eligibility -- but did not close the matter entirely.

Published 2 years ago on Nov 18th 2024, 11:00 am
By Web Desk

A federal judge on Tuesday denied Vanderbilt quarterback Diego Pavia's request for a temporary restraining order that would grant him another year of eligibility -- but did not close the matter entirely.
Pavia sued the NCAA in federal court Friday in Nashville, Tennessee, arguing that his two seasons playing at a junior college shouldn't count toward his Division I eligibility since he was unable to profit from his name, image and likeness during that time.
Pavia's attorneys argued that Pavia would suffer immediate and irreparable harm without relief from the court because the transfer portal opens on Dec. 9 and that waiting even one more day will "place him between a rock and a hard place" in regards to negotiating an NIL deal at Vanderbilt or transferring to another school.
"Given that Plaintiff has almost certainly been aware of the challenged bylaws and his ineligibility to play college football in the 2025-26 season for quite some time and has been discussing possible resolution with the NCAA, the Court is not persuaded that an ex parte order is justified," William Campbell Jr., chief judge of the U.S. District Court for the Middle District of Tennessee, wrote in his ruling. "This is particularly the case here where the Plaintiff seeks prospective injunctive relief, not merely preservation of the status quo."
Campbell did write in his order that he would set an expedited briefing schedule and hearing on a request for preliminary injunction, which would give the NCAA an opportunity to defend its rules.
Pavia's attorney, Ryan Downton, told The Tennessean that the quarterback was "disappointed" but "not surprised" that the judge wanted to allow the NCAA to defend its position.
Pavia's lawsuit argues that the NCAA and its member institutions "have entered an illegal agreement to restrain and suppress competition" and are violating the Sherman Act.
The lawsuit says junior college transfers face eligibility restrictions that "are not placed on athletes who choose to delay entry to a Division I NCAA college to attend prep school, serve in the military, or even to compete professionally in another sport."
Pavia, who has led the Commodores to a surprising 6-4 record this season, played two seasons at New Mexico Military Institute, a two-year junior college, and two more at New Mexico State before transferring to Vanderbilt.
Pavia sued the NCAA in federal court Friday in Nashville, Tennessee, arguing that his two seasons playing at a junior college shouldn't count toward his Division I eligibility since he was unable to profit from his name, image and likeness during that time.
Pavia's attorneys argued that Pavia would suffer immediate and irreparable harm without relief from the court because the transfer portal opens on Dec. 9 and that waiting even one more day will "place him between a rock and a hard place" in regards to negotiating an NIL deal at Vanderbilt or transferring to another school.
"Given that Plaintiff has almost certainly been aware of the challenged bylaws and his ineligibility to play college football in the 2025-26 season for quite some time and has been discussing possible resolution with the NCAA, the Court is not persuaded that an ex parte order is justified," William Campbell Jr., chief judge of the U.S. District Court for the Middle District of Tennessee, wrote in his ruling. "This is particularly the case here where the Plaintiff seeks prospective injunctive relief, not merely preservation of the status quo."
Campbell did write in his order that he would set an expedited briefing schedule and hearing on a request for preliminary injunction, which would give the NCAA an opportunity to defend its rules.
Pavia's attorney, Ryan Downton, told The Tennessean that the quarterback was "disappointed" but "not surprised" that the judge wanted to allow the NCAA to defend its position.
Pavia's lawsuit argues that the NCAA and its member institutions "have entered an illegal agreement to restrain and suppress competition" and are violating the Sherman Act.
The lawsuit says junior college transfers face eligibility restrictions that "are not placed on athletes who choose to delay entry to a Division I NCAA college to attend prep school, serve in the military, or even to compete professionally in another sport."
Pavia, who has led the Commodores to a surprising 6-4 record this season, played two seasons at New Mexico Military Institute, a two-year junior college, and two more at New Mexico State before transferring to Vanderbilt.

There’s a new threat to the World Cup. FIFA might not be ready.
- a day ago

Funeral prayers offered for martyrs of Muzaffarabad Helicopter Crash, bodies sent to hometowns
- 15 hours ago
.webp&w=3840&q=75)
Ishaq Dar contacts Turkish Foreign Minister, discusses changing regional situation
- 11 hours ago

Apple wants Europe to blink
- an hour ago

Pakistan intensifies diplomatic efforts for release of citizens held hostage by Somali pirates
- 15 hours ago

The Legend of Zelda: Ocarina of Time is getting a remake for the Switch 2
- an hour ago

Finance Minister presents economic survey; several economic targets remain unmet, economic growth recorded at 3.7%
- 15 hours ago

Microsoft AI chief walks back comments about AI taking over white-collar work
- an hour ago

Mohmand:security forces operation reveals killed khwarij as fghan national
- 13 hours ago

Rolling the dice on Graham Platner
- a day ago

The App Store is going to add subscription bundles soon
- an hour ago
TSMC struggles to keep up with AI demand: ‘We can only support so much’
- 16 hours ago
You May Like
Trending










