Tennessee Football quarterback Joey Aguilar and the other 25 former junior college players will get their day in court next month in their pursuit of another year of eligibility through an extension of the Diego Pavia lawsuit. According to court documents a preliminary injunction hearing with Chief Judge William L. Campbell is scheduled for February 10th.
Tennessee’s quarterback room without Aguilar is down to redshirt freshman George MacIntyre and freshman Faizon Brandon. Jake Merklinger, the backup quarterback this season, entered the NCAA Transfer Portal.
Former Arizona State quarterback Sam Leavitt visited Tennessee two weeks ago as the first quarterback the Vols have targeted in the NCAA Transfer Portal. Missouri’s Beau Pribula also visited. Leavitt committed to LSU and Pribula is headed to Virginia.
The Vols this weekend are hosting Colorado transfer Ryan Staub on a visit.
Joey Aguilar noncommittal when asked about 2026
Aguilar in recent weeks has been noncommittal when asked in press conference settings about his plans for next season.
“I’m excited to go out there and play one more time for this team,” Aguilar said before the Music City Bowl at Nissan Stadium. “I’m super grateful for the coaches, community and players for accepting me in.”
It was reported on December 26 that Aguilar was one of 26 former junior college players who added their names as plaintiffs to the Pavia lawsuit. The group in a court filing were seeking another year of eligibility through an extension of the ruling that allowed Pavia to play this season.
The 26 players, according to the filing, were seeking “immediate injunctive relief to preclude the (NCAA) from enforcing its Intercollegiate Competition Rules to preclude Plaintiffs from paying NCAA Division I college football in 2026-27 and/or 2027-28 year on the grounds that such enforcement violates Section 1 of the Sherman Antitrust Act.”
‘Plaintiffs asks the Court to judicially extend the waiver issued by the NCAA’
A preliminary injunction allowed Pavia to play for Vanderbilt this season. He led the Commodores to a 10-win season for the first time in program history and was a Heisman Trophy finalist after throwing for 3,539 yards and 29 touchdowns and rushing for 862 yards and 10 touchdowns.
The December 26 filing asked for the same ruling for the 2025-26 season that allowed Pavia to compete this season:
“Plaintiffs in this case are all similarly situated to Pavia in that they started their collegiate football careers at junior college prior to transferring to NCAA Division I schools. They seek the same relief Pavia sought (which the NCAA has, to date, denied them). Unfortunately, rather than drafting its waiver to apply until the conclusion of this lawsuit, the NCAA drafted it to last only through the end of the 2025-26 season.
“Plaintiffs ask the Court to maintain the status quo created when the Court issued its injunction one year ago and the NCAA issued a blanket waiver extending that injunction to all similarly situated former junior college athletes.
“While the present college football season is coming to a close, this case is not yet over, and the present status quo allows former junior college players to compete in NCAA Division I football without regard to years of eligibility or seasons of competition at junior college. Plaintiffs asks the Court to judicially extend the waiver issued by the NCAA in response to this Court’s own prior ruling until the conclusion of the case.”
Aguilar, an Antioch, Calif., native, spent the previous two seasons at Appalachian State, where he threw for 6,760 yards, 56 touchdowns and 24 interceptions in 25 games. He threw for 3,444 yards and 24 touchdowns this season.
He played two seasons at Diablo Community College in California, in 2021 and 2022, before transferring up to Appalachian State.
Aguilar has stayed quiet about the Pavia lawsuit extension since it was reported last month that his name would be one of the many added as plaintiffs. He has also remained uncertain, at least publicly, about his plans for next season.
“My answer is still my answer,” Aguilar said on December 16, “just focus on the season and pursue what I want to pursue afterwards.”