NASHVILLE, Tenn. — Diego Pavia, the Vanderbilt quarterback, is currently awaiting a decision on his request for a limited preliminary injunction that would allow him to compete for at least another season while he pursues his lawsuit against the NCAA. The hearing took place on Wednesday, where U.S. District Judge William L. Campbell engaged with the attorneys to determine how soon they could be prepared for trial, and inquired about the upcoming transfer portal opening on Monday, which will remain open until December 28.
During the lengthy two-and-a-half-hour hearing, attorney Ryan Downton emphasized that Pavia is seeking “the narrowest injunction possible” to ensure that his past junior college participation does not negatively impact his NCAA Division I eligibility based on older regulations. The legal team is hopeful for a swift ruling by Monday to assist Pavia with his plans. “I get the sense from him today that he’s looking at the date the portal closes and trying to give enough time to react before it closes,” Downton commented regarding the judge’s timeline following the hearing.
Judge Campbell actively questioned the lawyers, highlighting that while prep schools compete against junior colleges, including where Pavia played, their NCAA eligibility period does not begin. He also pointed out that junior colleges do not allow players to redshirt. The judge expressed surprise upon learning about the NCAA’s evolutionary rules over the last fifty years, which now allow freshmen to play and include the redshirt rule. Additionally, Campbell noted unexpected information that a player who redshirted during the current season could potentially participate in a total of nine games if their team advances in the College Football Playoff.
Pavia’s lawsuit was filed on November 8 in the U.S. District Court for the Middle District of Tennessee located in Nashville. Although his petition for a temporary restraining order was denied, he still retains two more seasons of eligibility, which allows for a redshirt year “to avoid additional harm.” His lawsuit aims to protect Vanderbilt or any other college from facing penalties that comply with the court’s directives.
In a declaration submitted on Monday, Pavia disclosed his intention to apply for a master’s program in legal studies at Vanderbilt, contingent on receiving the preliminary injunction. Meanwhile, attorneys Tamarra Matthews Johnson and Max Warren represented the NCAA, arguing that Pavia has fulfilled the organization’s expectations by earning a bachelor’s degree at New Mexico State and subsequently transferring to Vanderbilt this past year. They maintained that Pavia could pursue another degree without needing to play football.
Warren challenged the notion of irreparable damages, suggesting that Pavia could obtain financial compensation during the trial without needing an injunction. He also questioned the timing of the lawsuit, given Pavia’s statement that this would be his final season playing college football. “His best opportunity to earn a living is playing college football,” Downton asserted in court. “This is his chance.”
Pavia’s journey began after not receiving offers from Football Bowl Subdivision schools following his time at Volcano Vista High School in Albuquerque, New Mexico. He attended New Mexico Military Institute in 2020, leading the junior college to a national championship in 2021, and later transferred to New Mexico State where he achieved ten wins in the 2023 season. Acknowledged as the Conference USA Offensive Player of the Year, he migrated to Vanderbilt this offseason, following his head coach Jerry Kill and offensive coordinator Tim Beck.
Johnson argued that Vanderbilt could simply recruit another quarterback, pointing out that the Commodores have not seen many players of Pavia’s caliber, with several of his teammates present in the courtroom to support him. Pavia has been a significant factor in Vanderbilt’s successful season, making them bowl eligible for the first time since 2018. He has contributed to the team’s best start in decades, achieved national rankings and celebrated a historic victory over then-No. 1 Alabama, snapping a long winless streak against top-5 teams.
The timing of Wednesday’s hearing aligned with the early signing period, and Vanderbilt coach Clark Lea has publicly backed Pavia, acknowledging his substantial impact on the team’s performance. However, this did not prevent the Commodores from signing a quarterback on the same day, Jack Elliott, from a high school in Illinois.
