Judge denies Diego Pavia temporary restraining order against NCAA eligibility rules

Pavia sued the NCAA, seeking at least one more year of confirmed eligibility to negotiate NIL deals before the transfer portal opens on Dec. 9.

Savannah Walske

Diego Pavia looks over the field, as photographed Oct. 5, 2024. (Hustler Multimedia/Savannah Walske)

By Barrie Barto, Editor-in-Chief

Nov 12, 2024

UPDATED: This story was updated on Nov. 14 at 11 p.m. CST to include the date of Pavia’s preliminary injunction hearing.

Judge William Campbell denied Diego Pavia a temporary restraining order today that would have allowed the quarterback to temporarily negotiate with Anchor Impact, Vanderbilt’s NIL affiliate, for the 2025-26 season while his lawsuit against the NCAA over eligibility is pending. Pavia sued the NCAA on Nov. 8, arguing that equating a year in junior college to a year at an NCAA school is unlawful and restricts “meaningful opportunities” under federal antitrust law.

Pavia asked the court to take urgent action on the case since the transfer portal opens on Dec. 9, and NIL negotiations with Anchor Impact Fund need to occur before then. Despite denying the TRO, Campbell’s order expedites legal proceedings, including those regarding Pavia’s request for a preliminary injunction, opening the door to a teleconference. A preliminary injunction would have the same effect as a TRO but can be instated longer. The judge can hear the NCAA’s stance before ruling, whereas the TRO would have been ordered without a hearing.

Ryan Downton (B.S. ‘98, MBA ‘99) represents Pavia in the case. In the press release for today’s order, he shared that Pavia feels “pleased.” Downton said he remains optimistic for a hearing before December.

“[The order] makes sense and means that the Court’s denial of immediate relief was merely an administrative ruling without any comment on the merits of Diego’s claims,” Downton said in the release. “From our perspective, the most important part of the order is the Judge’s recognition that the matter is urgent, as shown by his willingness to set an expedited hearing.”

Campbell’s order stated that the TRO would not have preserved the status quo, contributing to his denial.

“Given that Plaintiff [Pavia] 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 [a TRO] order is justified,” Campbell wrote.

After a status conference on Nov. 14, the preliminary injunction was ordered for Dec. 4 at 1:30 p.m. CST by Campbell.

About the Contributors

Barrie Barto, Editor-in-Chief

Barrie Barto ('25) is majoring in medicine, health & society and communication of science & technology with a neuroscience minor in the College of Arts and Science. She previously served as Photography Director. When she’s not hiking in Percy Warner, you can find Barrie cheering on the St. Louis Blues or tracking down the best gluten-free food in Nashville. She can be reached at [email protected].

Savannah Walske, Staff Photographer

Savannah Walske (‘26) is from San Francisco and is majoring in psychology in the College of Arts and Science. When not shooting for The Hustler, you can find her playing guitar, photographing pretty Californian landscapes and obsessing over her dog. You can contact her at [email protected].

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