Motion for reconsideration filed on behalf of Alberto Osuna, who continues seeking eligibility

Alberto Osuna transferred to Tennessee in late February, just weeks prior to the start of the 2025 season. Under the assumption that former JUCO players would be granted another year of Division I eligibility, per the Diego Pavia ruling, Osuna made his way to Knoxville with hopes of completing his eligibility with the defending national championships.   

Instead, Osuna has been sidelines – ruled ineligible – following the eligibility waiver denial by the NCAA and coming up short in court following options of a temporary restraining order and preliminary injunction.

The latest in this long developing story brings us to Monday, April 28 when Osuna’s lawyer Chad Hatmaker filed for a motion for reconsideration to the Knoxville judge who denied his preliminary injunction motion back in March.

Why file for a motion of reconsideration this late in the game? Look no further than Big 10 country where Rutgers safety Jett Elad won his motion for preliminary injunction on Friday and has been ruled eligible for the 2025 football season.

Much like Osuna, Elad – who transferred to Rutgers from UNLV – played a season at Garden City Community College (JUCO) in 2022 and argued that should not count towards his eligibility. Osuna was with Walters State Community College in 2020 and 2021 before spring three years at North Carolina from 2022-2024.       

It’s important to note as well that Osuna’s team has the same expert witness as did Pavia and Elad. Osuna, whoever, is the only one who did not win injunction.

“This Court is now the outlier,” the filing said. “Two District Courts have reviewed expert testimony from the same expert witness used in this case, detailing the same evidence of substantial anticompetitive effects arising from the same JUCO rules at issue in this case, and have reached the same conclusion – that the athlete is entitled to a preliminary injunction. Osuna has presented substantially the same evidence as Elad and Pavia (a case which the NCAA concedes is no different than Osuna’s), and there is no compelling justification for the difference in treatment. 

“There is no fairness or justice in allowing Pavia and Elad to play, while requiring Osuna to remain sidelined. As this Court has already found, allowing Osuna to play at this point harms nobody.”

The timeline for Osuna leading up to the season

On Wednesday, February 12, Osuna filed a complaint against the NCAA in federal court seeking another year of eligibility, according to documents obtained by Volquest.

“Osuna brings this action to enjoin the NCAA from arbitrarily enforcing certain NCAA Bylaws against him that would prohibit him from playing a fourth year of Division I baseball due to his time spent playing baseball at a two-year junior college (“JUCO”), on the grounds that enforcement of such bylaws violates Section 1 of the Sherman Antitrust Act, 15 U.S.C § 1, among other claims, and would cause substantial and irreparable harm to Osuna,” the complaint states.

The motion was for a temporary restraining order and preliminary injunction against the NCAA to ‘restrain and enjoin’ the NCAA from enforcing NCAA Bylaws 12.8 and 12.02.6 against Osuna to prevent him from playing Division I college baseball in the spring of 2025 season, based on prior participation on a junior college baseball team. The pleadings were filed Wednesday morning, February 12, in the US District Court for the Eastern District of Tennessee.

The motion claimed that an absence of such injunctive relief, Osuna will suffer ‘substantial immediate and irreparable harm’ because he will be unable to compete in Division I Spring 2025 baseball season, thus resulting in a lost season and ‘meaningful name, image and likeness compensation and opportunities’ uniquely available to Division I athletes. Other such ‘sufferings’ included in the motion are the loss of resources, facilities, training, publicity and exposure provided to Division I athletes who are given a platform to showcase their talents at the highest level. It also states failed eligibility would be a loss of the opportunity to increase his MLB draft prospects.

One day later on Thursday, February 13, Osuna’s temporary restraining order was denied but a preliminary injunction court hearing was expedited to February 26.

Following the court hearing in Knoxville regarding Alberto Osuna’s motion for preliminary injunction, the judge in the case ruled the following Monday afternoon. The motion for preliminary injunction was denied and Alberto Osuna continued to be ineligible for the 2025 college baseball season.   

“Alberto is extremely disappointed with the decision. We are weighing our options before deciding on our next steps,” Alberto Osuna’s lawyer Chad Hatmaker told Volquest at the time.

Alberto Osuna sent letter to NCAA in March

A week following his preliminary injunction denial, Osuna, through his lawyer Chad Hatmaker, sent the NCAA a letter formally requesting they approve his transfer request so he can begin playing baseball with Tennessee.

 “I have many unanswered questions and I need your help,” Osuna writes to open the letter. “After the Blanket Waiver and conversations with you, I uprooted by life and moved to another city with the expectation that I could continue to play the game that I love. It was an amazing opportunity to have the chance to come play for Coach Vitello and the defending national champions. But I also came here for the NIL potential that didn’t exist at Tampa and to be able to help my family and I financially.”

A big piece of the note details the lack of cooperation and communication from the NCAA once Osuna officially transferred to Tennessee. The slugger needed to first transfer – which he did in late January – and then the university (Tennessee) had to file for an eligibility waiver to begin the process. It did so in the first few days of February. As of two days prior to the season-opener on February 12, the NCAA had yet to assign a case manager to Osuna.

“When I called several times at the beginning of January and asked about my Division I eligibility, I told you my entire playing history – 2 years at Walters State with one cancelled due to COVID. 3 at UNC and that I was currently at Tampa, on the team but no games against outside competition,” Osuna continued. “You told me to file a waiver. Of course, you knew that no student-athlete can file a waiver individually. A D1 institution must file the waiver. You knew that for me to file a waiver, I had to enter the transfer portal, commit to a D1 school and leave Tampa. And after I did all of that, as you instructed me to do, you have opposed my request for a waiver.”  

Alberto Osuna: Back of the Baseball Card

The first baseman and designated hitter spent two seasons at nearby Walters Sate Community College in 2020 and 2021 before transferring up to North Carolina.

Osuna played in 63 games with 61 starts in 2022, slugging 20 home runs and 57 runs batted in with 86 strikeouts and 27 walks while registering a .265 batting average. The 6-foot-1, 245-pound athlete hit for a .223 average across 52 games (48 starts) with 11 home runs and 27 RBI in 2023. This past season for North Carlina, Osuna recorded a .259 average across 62 games (62 starts) with 14 home runs and 56 RBI.

While at Walters State, Osuna was named the 2021 NJCAA D1 Player of the Year, a first team All-American and the Tennessee Community College Athletic Association Player of the Year while batting .459 with 25 home runs and 107 RBI (led the country) in 68 games. Prior to Walters State, Osuna attended Mauldin High School in South Carolina where he was an All-State player.

The slugger was primarily used as the designated hitter while at North Carolina, but he’s expected to be an option at first base as well for the Vols in the 2025 season.  

So far into the 2025 season, Tennessee has played Andrew Fischer, Dalton Bargo and Stone Lawless at first base. Osuna will be an option at first base as well as designated hitter for Tennessee. Another option at first base includes freshman Levi Clark, who has already done damage in the lineup as designated hitter and as a pinch hitter. 

Alex Perry is not with the club this spring after spending the 2024 season in Knoxville. The move prompted Tennessee to seek help at the position this winter, as well as another right-handed bat.