Alberto Osuna did not get the result he was seeking with his latest legal move. Osuna was denied his motion to expedite his request for reconsideration in his lawsuit against the NCAA for immediate eligibility in the 2025 college baseball season.
In December, the NCAA responded to a ruling in Diego Pavia’s case that athletes who played JUCO for 1 or 2 years and had their eligibility exhausted in 2024-25 would be eligible for 2025-26. Osuna felt the NCAA should apply its JUCO waiver ruling to the 2025 baseball season, which falls under the 2024-25 sports calendar, and sued the NCAA for immediate eligibility.
On March 3, Osuna was denied his preliminary injunction. He recently filed a motion for reconsideration, citing Rutgers football player Jett Elad receiving a 7th season of eligibility, as a court agreed his JUCO season should not count. Elad began his career in 2019, and played 3 seasons at Ohio (2019-21) and 2 seasons at UNLV (2023-24).
The 2025 college baseball season is winding down, so Osuna requested an expedited ruling. That request was denied, and the judge indicated that reconsideration won’t go well, either.
United States District Judge Charles E. Atchley Jr. called out Osuna asking for reconsideration instead of appealing within the 30-day window. Atchley said Osuna pointing to only 12 remaining games as reason for an expedited briefing “falls flat” when 33 Volunteers games had been played since the initial decision.
The Court denied Plaintiff’s motion for a preliminary injunction on March 3, 2025. [Doc. 27),” the latest ruling reads. “Plaintiff had thirty days to appeal that order. He did not appeal. Instead, nearly two months after the Court denied his motion, and nearly one month after his time to appeal expired, Plaintiff filed a motion for reconsideration.
“Plaintiff also filed a separate motion asking the Court to expedite the briefing schedule on his motion for reconsideration. Plaintiff requests an expedited briefing schedule because “there are only 12 regular season games left in the Spring 2025 baseball season.” That request falls flat.
“From the time the Court denied Plaintiff’s motion for a preliminary injunction to the time he filed his motion for reconsideration, Tennessee played 33 baseball games-far more than the 12 remaining games Plaintiff points to as grounds to support an expedited briefing schedule. If the winding down of the regular season created the urgency Plaintiff now alleges, he could have moved for reconsideration much earlier in time.
In a scathing open letter, Osuna called out the NCAA for its handling of former JUCO athletes seeking to play spring 2025 sports after the announcement of the blanket waiver created in response to the Pavia suit. Osuna said he was told by the NCAA to file a waiver request, which requires a DI institution. To file the waiver, he had to transfer from Tampa, a Division II program, to Tennessee.
Osuna is over 5 seasons removed from high school. He was at Walters State Community College in 2020 (no season due to COVID-19) and 2021. He then transferred to North Carolina for the 2022-24 seasons.
Not looking good for Tennessee baseball player Alberto Osuna's quest to play this season. This just rejects a motion to expedite his motion for reconsideration, but the judge seems to be signaling his feelings. (Plus this makes a decision before the end of the season unlikely) pic.twitter.com/j3PK4UHLrh
— Sam C. Ehrlich (@samcehrlich) May 1, 2025Alberto Osuna receives negative decision in latest motion for eligibility Saturday Down South.
Read More Details
Finally We wish PressBee provided you with enough information of ( Alberto Osuna receives negative decision in latest motion for eligibility )
Also on site :
- RT journalist detained in Romania
- At least 18 suspects arrested as Israel investigates possible arson link to wildfires
- Trump names Mike Waltz as new UN ambassador nominee hours after he is reported leaving NSA post