Judge Denies TRO for Vanderbilt QB Diego Pavia, Sets Expedited Hearing

Vanderbilt QB Diego Pavia’s motion for a TRO in NCAA redshirt case denied, but an expedited hearing offers hope for a quick resolution on eligibility issues.

Vanderbilt Commodores quarterback Diego Pavia (2) throws to an open teammate against South Carolina Gamecocks during the first half FirstBank Stadium in Nashville, Tenn., Saturday, Nov. 9, 2024. / Stephanie Amador / The Tennessean / USA TODAY NETWORK via Imagn Images

On Tuesday, a federal judge denied Diego Pavia’s motion for a temporary restraining order (TRO) against the NCAA. The Vanderbilt Commodores quarterback’s lawsuit, filed in the U.S. District Court of Middle Tennessee, challenges the NCAA’s redshirt rule that limits eligibility for former junior college (JUCO) athletes, arguing it violates antitrust law and suppresses the economic potential of players like him. While a minor setback, Judge William Campbell’s decision doesn’t close the door on Pavia’s fight.

Campbell cited the extended timeline of Pavia’s awareness and engagement with the NCAA on this issue as a factor in denying immediate relief.

“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,” Campbell wrote.

However, the court recognized the urgency of Pavia’s situation, scheduling an expedited hearing on a preliminary injunction and a telephone status conference on November 14, 2024, at 2:00 p.m. to discuss the briefing schedule and hearing logistics. This move ensures that Pavia’s legal battle continues progressing, offering a window for swift resolution of his eligibility dispute.

Update on this: Judge Campbell just set a telephone status conference for tomorrow afternoon "to discuss the briefing schedule and hearing."

Seems like he's committed to moving quickly, despite denying the ex parte TRO. https://t.co/qkrKiSN02v pic.twitter.com/joDB850c1d

— Sam C. Ehrlich (@samcehrlich) November 13, 2024

At the heart of Pavia’s case is the contention that the NCAA’s rules create a double standard that limits JUCO transfers to fewer seasons of Division I competition, hindering their ability to capitalize on lucrative NIL (Name, Image, and Likeness) deals. His complaint frames the NCAA’s regulations as an economic barrier that marginalizes athletes who take alternative paths to Division I athletics.

“Athletes playing football outside of the NCAA monopoly have no meaningful opportunity to profit off their name, image, or likeness,” Pavia’s filing states, illustrating the uphill battle JUCO transfers face. He argues that this restriction unfairly reduces their marketability and NIL earning potential compared to athletes entering the NCAA directly from high school.

Pavia’s predicament is pressing. With the NCAA transfer portal opening on December 9, his eligibility uncertainty places him in a precarious position regarding negotiations with Vanderbilt and potential transfer opportunities. He argues that without clarity, he faces “irreparable harm” to his career trajectory and earning potential, trapped between conflicting options with high stakes.

A former standout at New Mexico State and 2023 Conference USA Offensive Player of the Year, Pavia transferred to Vanderbilt and quickly made his mark by leading the Commodores to a historic upset over top-ranked Alabama. The victory, fueled by Pavia’s 252 passing yards and 56 rushing yards, was Vanderbilt’s first win against an AP top-five team.

Despite his breakout season, Pavia’s professional prospects do not project him as a top NFL draft pick, making his ability to continue competing at the collegiate level and capitalize on his NIL value crucial. He contends that the NCAA’s rigid rules stifle this potential, denying him and others like him a fair shot at leveraging their talent in the ever-evolving college sports landscape.