Alberto Osuna's motion for preliminary injunction denied on Monday

Following a court hearing in Knoxville last Wednesday regarding Alberto Osuna’s motion for preliminary injunction, the judge in the case ruled on Monday afternoon. The motion for preliminary injunction was denied and Alberto Osuna continues 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 on Monday.

Volquest confirmed the news Monday afternoon. Mike Wilson (Knox News) was first to report.

“He’s always in high spirits. I know the guys want to do whatever they can. I don’t know that they’ll be allowed to be…That’s a pretty unique kid, pretty unique kid,” coach Tony Vitello said of Osuna when asked about the preliminary hearing on Tuesday, February 25. “So, I hope karma is on his side. I can tell you that. The rest, I honestly have no idea. So, I don’t mean to make any kind of political statement with that at all.

“I watched him play and the big homers and all that don’t really match up with the – he’s kind of a teddy bear, but also he’s got some fight to him and he’s a fun one to have around. You can ask the players about him and they can probably put it more into words.”

Osuna, who has missed the first 11 games of the year, initially motioned for a temporary restraining order against the NCAA. It was denied on February 12, but the court established an expedited briefing to resolve the request for preliminary injunction with a hearing that took place on Wednesday, February 26.

Osuna, 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 in 2025 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 injunction to former junior college transfers, he was expected to regain eligibility and decided to transfer and play for the Vols in 2025.

Georgia’s Dylan Goldstein in same boat

Since Osuna’s preliminary injunction hearing, Georgia baseball’s Dylan Goldstein was denied his motion for preliminary injunction on Friday. Osuna’s lawyer (Chad Hatmaker) responded to the NCAA’s supplemental filing following the Goldstein denial that there’s a ‘higher standard’ for preliminary injunction in the eleventh circuit compared to the sixth circuit – among others. There’s already been a ‘motion for reconsideration’ by Goldstein’s lawyer after later finding out that the judge (Tilman ‘Tripp’ Self) in the case is an NCAA football referee.

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.

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.