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Mark Schlabach, ESPN Senior Writer
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, 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 federal 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.