Judge denies baseball player’s motion for restraining order in bid for immediate eligibility

By Canadian Press on February 13, 2025.

KNOXVILLE, Tenn. (AP) — Alberto Osuna’s bid to play baseball for defending College World Series champion Tennessee hit a roadblock Thursday as a federal judge denied his bid for a temporary restraining order making him eligible for the start of the season.

U.S. District Judge Charles Atchley issued that ruling while also scheduling a Feb. 26 hearing for Osuna’s request for a preliminary injunction. If that injunction is granted, Osuna still could end up playing for Tennessee.

Tennessee opens its season Friday by hosting Hofstra.

Osuna is suing the NCAA and making the case that a year he spent at Walters State Community College shouldn’t count against his eligibility. Osuna played the 2021 season at Walters State before transferring to North Carolina, where he played for the last three seasons.

Because he believed he had no more Division I eligibility left after spending last season at North Carolina, Osuna transferred to Division II program Tampa. Then Vanderbilt quarterback Diego Pavia won an injunction in court enabling him to play one more season next fall because a judge determined Pavia’s season at New Mexico Military Institute shouldn’t count against his Division I eligibility.

Noticing the similarities in his case and Pavia’s situation, Osuna entered the transfer portal and landed at Tennessee.

Osuna said Tennessee filed a waiver request on Osuna’s behalf on Feb. 3, but the NCAA hasn’t issued a decision. Osuna filed his lawsuit Wednesday.

In issuing his ruling, Atchley noted precedent indicating that requests for a temporary restraining order that would alter the status quo should be denied unless the facts and law clearly favor the party filing the motion.

“The lawsuit is one day old,” Atchley noted. “On this record, and at this exceedingly early stage of litigation, the court does not view the law to ‘clearly favor’ plaintiff.”

Osuna batted .259 with a .359 on-base percentage, 45 homers and 140 RBIs in 177 career games at North Carolina over the last three seasons. He hit .281 with a .376 on-base percentage, 14 homers and 56 RBIs in 62 games last season while helping the Tar Heels reach the College World Series.

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AP college sports: https://apnews.com/hub/college-sports

The Associated Press

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