The latest on Tennessee’s Alberto Osuna: Timeline of denied motion to court hearing in two weeks

The ongoing eligibility saga of Tennessee slugger Alberto Osuna continues to develop as his temporary restraining order was denied by a judge Thursday evening, according to documents obtained by Volquest.

A preliminary injunction hearing, however, has been scheduled for February 26. This means Tennessee will begin the season without Osuna. The Vols welcome Hofstra this weekend to open the 2025 season at Lindsey Nelson Stadium.

The case mirrors that of Vanderbilt quarterback Diego Pavia as his initial TRO was denied in November before being granted preliminary injunction.  

Osuna Temporary Restraining Order denied by judge

In an effort to gain instant eligibility from NCAA, Osuna motioned for a TRO that was met with denial on Thursday.

“Plaintiff contends that some of Defendant National Collegiate Athletic Association’s (“NCAA”) eligibility bylaws violate Section 1 of the Sherman Antitrust Act. For the reasons explained below, Plaintiff’s motion will be DENIED,” the document stated.

TRO’s are considered ‘extraordinary remedies’ designed to ‘preserve the status quo so that a reasoned resolution of a dispute may be had.’ Since Osuna is currently ineligible to compete in NCAA Division I baseball, the plaintiff’s (Osuna) motion asks the court to ‘disturb’ the status quo and grant eligibility.

When TRO’s are sought to alter the ‘status quo’ the relief requested should be denied unless the facts and law clearly favor the moving party, the opinion states. The court cites that the lawsuit is only one day old and is ‘exceedingly early stages of litigation.’ Thus, the court does not believe it clearly favors the Plaintiff (Osuna).     

It goes on to draw connections to Pavia’s case by saying “[O]ne non-binding decision from the Middle District of Tennessee stands in Plaintiff’s favor, but even that case saw the court initially deny the request for a temporary restraining order.”

The court goes on to argue that Osuna should have essentially filed his waiver sooner, knowing his timeline was compact to be eligible for the start of the season. Instead, his waiver was filed 10 days ago. They cite Pavia and another case in Mississippi who ‘negotiated with the NCAA for longer periods before filing suit.’

Court date set for request of preliminary injunction  

Despite the TRO being denied, it wasn’t all bad for Osuna on Thursday, if following the course of the Pavia suit. The court has established an expedited briefing to resolve the request for preliminary injunction with a hearing scheduled for February 26.  

Osuna must file any motion for preliminary injunction on or before February 19 and the NCAA must respond on or before February 21.

Osuna filed complaint against the NCAA on Wednesday, Feb. 12

Osuna, who transferred to Tennessee two weeks ago, filed a complaint against the NCAA in federal court on Wednesday as he seeks another year of eligibility.

“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 stated.

The motion is 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.

Background on Osuna’s baseball & transfer timeline

Osuna entered the transfer portal on January 13. Tennessee filed for his waiver on February 3. Osuna filed complain against NCAA seeking TRO and preliminary injunction on February 12. TRO was denied by judge on February 13 with court hearing on preliminary injunction scheduled for February 26.   

The trasnfer, who spent three seasons at North Carolina and was a part of the Tar Heel College World Series squad in 2024, was set to play for Division II power Tampa this season as his Division I eligibility had expired. He spent the fall with Tampa in preparations for this spring. Instead, thanks to Vanderbilt quarterback Diego Pavia’s lawsuit where the NCAA has granted waivers to former junior college transfers, he was expected to regain eligibility due to his two years spent at Walters State Community College and decided to transfer and play for the Vols in 2025.

The slugger 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.