Vanderbilt quarterback Diego Pavia's temporary restraining order against NCAA denied

Vanderbilt quarterback Diego Pavia‘s motion for a temporary restraining order (TRO) against the NCAA was denied Tuesday. In a lawsuit filed Friday in the U.S. District Court of Middle Tennessee, Pavia argued that the governing body’s redshirt rule involving junior college eligibility violates antitrust law.

The former New Mexico State transfer also argued that the rules have forced athletes to miss out on NIL dollars. Tuesday’s ruling from Judge William Campbell puts Pavia’s legal pursuit on pause. While it is not a loss, the judge did not believe a quick resolution was needed.

“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 in his ruling.

Campbell also said that the court will set an expedited briefing schedule and hearing on the request of a preliminary injunction, but will give Pavia and the NCAA an opportunity to propose a schedule first.

In Pavia’s argument for a temporary restraining order, Pavia argued that he would suffer “irreparable harm” if he did not know his status before the transfer portal opened on Dec. 9.

If he has to wait to know his eligibility for the 2025-26 season, he would be between a “rock and a hard place” about negotiations with Vanderbilt for next season and deciding whether to enter the transfer portal.

The judge denied the TRO because “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.”

Pavia transferred to Vanderbilt for the 2024 season after spending two seasons at New Mexico State. The 2023 Conference USA Offensive Player of the Year did not hold an FBS offer out of high school. A native of Albuquerque, New Mexico, Pavia spent two seasons at the New Mexico Military Institute to begin his career.

He led Vanderbilt’s upset of Alabama earlier this season. He threw for 252 yards and rushed for 56 more as the Commodores stunned No. 1 Alabama 40-35. The quarterback’s performance led Vanderbilt to its first win over an AP top-five team in program history. Vanderbilt was 0-60 all-time against AP top-five teams.

“Athletes playing football outside of the NCAA monopoly have no meaningful opportunity to profit off their name, image, or likeness,” Pavia’s initial complaint states. “Even so, JUCO Eligibility Limitation Bylaws restrict the ability of athletes who begin their college football careers in junior colleges from having the same opportunity to profit from NIL as students who enter an NCAA institution as freshmen.

“Specifically, the JUCO Eligibility Bylaws limit athletes who begin their college careers at junior colleges to only two or three seasons of NCAA Division I football, as opposed to the four seasons of competition (and NIL Compensation opportunities) available to all other NCAA Division I football players.”

An NCAA rule change in 2018 allowed college football players to compete in up to four games without having that season count toward their four allotted years of eligibility. Pavia played eight games in 2020-21 and 12 games in 2021-22 at New Mexico Military Institute.

A name to watch in the Heisman Trophy race, Pavia has thrown for 1,843 yards with 15 touchdowns and just three interceptions. He’s also rushed for 628 yards and five touchdowns.