Johnson v. National Collegiate Athletic Association

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
:
Donovan “Puff” Johnson :
: Case No. 2:25-cv-01288
Plaintiff, :
v. : Judge Graham
:
National Collegiate Athletic
Association
: Magistrate Judge Jolson
:
:
Defendant. :
OPINION & ORDER
This matter is before the Court upon Plaintiff’s motion for temporary
restraining order and preliminary injunction under Federal Rule of Civil Procedure
65. Plaintiff Donovan “Puff” Johnson (“Plaintiff”), a collegiate basketball player, seeks
an order enjoining Defendant National Collegiate Athletic Association (“NCAA”) from
enforcing provisions (b) and (c) of NCAA Bylaw 12.8.4, because enforcement of such
provisions excludes him from participation in the 2025-2026 collegiate basketball
season. For the following reasons, the Court DENIES Plaintiff’s motion.
STANDARD OF REVIEW
In evaluating a motion for a temporary restraining order (“TRO”), or
preliminary injunction, the court considers “(1) whether the movant has a strong
likelihood of success on the merits, (2) whether the movant would suffer irreparable
injury absent a stay, (3) whether granting the stay would cause substantial harm to
others, and (4) whether the public interest would be served by granting the stay.”
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Ne. Ohio Coal. for Homeless & Serv. Emps. Int'l Union, Loc. 1199 v. Blackwell, 467
F.3d 999, 1009 (6th Cir. 2006). “All four factors are not prerequisites but are
interconnected considerations that must be balanced together.” Coal. to Defend
Affirmative Action v. Granholm, 473 F.3d 237, 244 (6th Cir. 2006) (citing Michigan
Coal. of Radioactive Material Users, Inc. v. Griepentrog, 945 F.2d 150 (6th Cir. 1991)).
“The party seeking the preliminary injunction bears the burden of justifying
such relief,” including showing likelihood of success and irreparable harm. McNeilly
v. Land, 684 F.3d 611, 615 (6th Cir. 2012). “Although no one factor is controlling, a
finding that there is simply no likelihood of success on the merits is usually fatal.”
Gonzales v. Nat’l Bd. of Med. Examiners, 225 F.3d 620, 625 (6th Cir. 2000).
BACKGROUND
Plaintiff’s Bid for an Additional Year of Eligibility
According to the facts set forth in his verified complaint, Plaintiff is currently
enrolled at The Ohio State University (“OSU”). Doc. 1, PAGEID # 8. In his first season
of collegiate basketball (2020-2021), Plaintiff attended the University of North
Carolina at Chapel Hill (“UNC”), a Division I basketball school, on a full athletic
scholarship. Id. at # 12. However, a broken foot limited Plaintiff to fewer than 60
minutes of game action. Id. His second season (2021-2022), still at UNC, Plaintiff
returned from injury and contributed to UNC’s success in the NCAA tournament. Id.
at # 13. In his third season (2022-2023), Plaintiff again suffered injury issues, missing
“preseason, training camp, and the first three games,” while recurring issues “forced
him to miss several additional games.” Id. In his fourth season (2023-2024), Plaintiff
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transferred to Pennsylvania State University (“Penn State”) “to continue his
academic and athletic career,” but again found his season disrupted by injuries, this
time missing “the entire preseason[,] the first two games of the season,” and
“additional games.” Id. In his fifth and most recent season (2024-2025), still at Penn
State, Plaintiff sustained “(1) a heel stress fracture; (2) a right wrist injury; (3) a
concussion; and (4) a broken right hand requiring season-ending surgery.” Id.
Under the NCAA’s “Four Seasons Rule” (Bylaw 12.6.1; see doc. 13-2, # 229),1 a
collegiate athlete is typically limited to only four seasons of intercollegiate play. Id.
However, due to disruptions caused by the COVID-19 pandemic, the entire 2020-2021
season is disregarded for all NCAA athletes for eligibility purposes. Id. at # 13, n.2.
Thus, Plaintiff’s first season did not count toward his limit under the Four Seasons
Rule. But four seasons later, having taken the court in five different seasons overall,
Plaintiff’s eligibility ran out. Id. at # 14.
In a bid for “a final opportunity at a healthy, injury-free season,” Plaintiff
enrolled at OSU and applied (together with OSU) for a medical hardship waiver to
restore his eligibility for the upcoming season. Id. Under NCAA Bylaw 12.6.4, “A
student athlete may be granted an additional year of competition by the conference
or the Athletics Eligibility Subcomittee for reasons of ‘hardship.’” NCAA Bylaw 12.6.4
(doc. 13-2, # 236). Under the Bylaw’s definition of “hardship,” a player who
participates in more than 30% of the maximum number of qualifying contests, or who
1 The Court refers to the NCAA Division I 2024-2025 Manual, a copy of which Defendant
attached to its responsive briefing. Doc. 13-2.
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participates in any contest in the second half of the season does not qualify for a
hardship waiver.
Plaintiff sought a waiver as to his most recent season,2 the 2024-2025 men’s
basketball season in which he participated in 55% of the maximum number of
contests for Penn State. Being more than half of the overall games, this of course
included contests in the second half of the season. Rather predictably, Plaintiff’s
waiver application was denied.3 Plaintiff and Ohio State appealed that decision, with
the appeal currently pending, though the NCAA has stated that it will be denying the
appeal. See Doc, 13, # 131.
Meanwhile, Plaintiff has filed the instant suit, seeking an order from this
Court enjoining the NCAA from “enforcing its Hardship Restriction against him” and
enjoining the denial of “his request for a Medical Hardship Waiver for eligibility for
the 2025-2026 men’s basketball season.” Doc. 4, # 93. Practically speaking, Plaintiff
appears to seek exemption from the Four Seasons Rule; merely preventing the NCAA
from “enforcing” its denial of his waiver would not restore his exhausted eligibility.
Plaintiff thus seeks an order affirmatively declaring him to be eligible to compete in
2 Though it appears that Plaintiff’s participation was most limited in his freshman season,
the COVID-19 blanket waiver rendered that season a nullity. Or, to put it another way, he
already enjoyed and exercised a waiver for his first/freshman season when he participated
(however limited) in his fifth season last year. See NCAA Bylaw 12.6.3.1; doc. 13-2, # 232.
(“Any competition, regardless of time, during a season in an intercollegiate sport shall be
counted as a season of competition in that sport[.]”).
3 In fairness, Plaintiff’s argument for a waiver is slightly more nuanced—he argues that his
participation above the waiver threshold can be attributed to the early misdiagnosis of what
should have been found to be a season-ending injury—but his argument before this Court
concerns the allegedly anticompetitive restraints on hardship eligibility, such that the denial
of his waiver was wrongful regardless of any misdiagnosis.
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the current Division I men’s basketball 2025-2026 season (which started in early
November 2025) and allowing him to participate for OSU’s men’s basketball team for
the remainder of the season. Doc. 1, # 33. According to Plaintiff, he will receive a spot
on the roster and a scholarship at OSU if he is eligible to play. Doc. 4-1, # 95. He
believes that he will also receive a share of name, image, and likeness (“NIL”)
monetary compensation should he play.
Shifting Landscape of Collegiate Athletics
Plaintiff’s challenge comes amid tectonic shifts in the landscape of collegiate
athletics. In 2021, the Supreme Court decided NCAA v. Alston, which affirmed a
district court’s injunction against NCAA’s restrictions on education-related benefits.
594 U.S. 69, 84 (2021). Though relatively limited in scope, Alston begat a sea change
in collegiate athletics. Most relevant here, Justice Kavanaugh, in his concurrence,
wrote that Alston establishes that “the NCAA’s remaining compensation rules should
receive ordinary ‘rule of reason’ scrutiny under antitrust laws.” Id. at 108
(Kavanaugh, J., concurring).
Though Alston was decided only four years ago, its distinction between
“education-related benefits” and other compensation rules is largely obsolete: “NCAA
eligibility is now directly tied to economic opportunity: the ability to earn NIL income,
secure sponsorships, and pursue professional advancement.” Doc. 4, # 64. Given the
(allegedly) substantial monetary stakes, Plaintiff is far from alone in his desire to
continue playing beyond limits set forth by the NCAA. See, e.g., Pavia v. Nat'l
Collegiate Athletic Ass'n, 760 F. Supp. 3d 527 (M.D. Tenn. 2024), appeal dismissed as
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moot, 154 F.4th 407 (6th Cir. 2025); Zeigler v. Nat'l Collegiate Athletic Ass'n, No. 3:25-
CV-226-KAC-JEM, 2025 WL 1671952 (E.D. Tenn. June 12, 2025); Robinson v. Nat'l
Collegiate Athletic Ass'n, No. 1:25-CV-75, 2025 WL 2409203 (N.D.W. Va. Aug. 20,
2025); Hasz v. Nat'l Collegiate Athletic Ass'n, No. 8:25CV398, 2025 WL 2083853 (D.
Neb. July 24, 2025); Braham v. Nat'l Collegiate Athletic Ass'n, No. 3:25-CV-00253-
MMD-CSD, 2025 WL 2017162 (D. Nev. July 18, 2025); Coley v. Nat'l Collegiate
Athletic Ass'n, No. 5:25-CV-98-D, 2025 WL 1616719 (E.D.N.C. June 6, 2025).
ANALYSIS
Plaintiff’s challenge, like those above, takes its cue from Alston by challenging
the rules at issue under the Sherman Act, 15 U.S.C. § 1.4 Doc. 4, # 74. The Sherman
Act prohibits “[e]very contract, combination in the form of trust or otherwise, or
conspiracy, in restraint of trade or commerce among the several States.” 15 U.S.C. §
1. The Supreme Court has long recognized that “restraint of trade” is “best read to
mean” “undue” or “unreasonable” restraint. Ohio v. Am. Express Co., 585 U.S. 529,
540 (2018).
To determine whether a given restraint is undue or unreasonable, courts
conduct a “rule of reason analysis.” Alston, 594 U.S. at 81 (citing Texaco Inc. v.
Dagher, 547 U.S. 1, 5 (2006)). A rule of reason analysis requires “a fact-specific
assessment of ‘market power and market structure’” to assess a given restraint’s
“actual effect” on competition. Am. Express Co., 585 U.S. at 541 (quoting Copperweld
4 Plaintiff also brings the challenge under Ohio’s Valentine Act, which is patterned after
federal antitrust law, and thus does not require separate analysis. See Johnson v. Microsoft
Corp., 2005-Ohio-4985, ¶ 8, 106 Ohio St. 3d 278, 281, 834 N.E.2d 791, 795.
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Corp. v. Independence Tube Corp., 467 U.S. 752, 768 (1984)). Functionally, the rule
of reason analysis follows a three-step, burden-shifting framework. Id. First, the
plaintiff must show “that the challenged restraint has a substantial anticompetitive
effect that harms consumers in the relevant market.” Id. Upon a successful showing,
the burden then shifts to the defendant “to show procompetitive rationale for the
restraint.” Id. If the defendant meets its burden, the third step requires the plaintiff
to show “that the procompetitive efficiencies could be reasonable achieved through
less competitive means.” Id. at 542.
I. Plaintiff has Failed to Show a Likelihood of Success on the
Merits of his Sherman Act Claim.
A. The Challenged Restriction is Commercial in Nature
and thus Subject to Rule of Reason Analysis.
Plaintiff argues that the “Hardship Restriction” is a commercial restraint, and
thus subject to the Sherman Act, citing Zeigler v. Nat'l Collegiate Athletic Ass'n, No.
3:25-CV-226-KAC-JEM, 2025 WL 1671952 (E.D. Tenn. June 12, 2025). In Ziegler, the
plaintiff brought a Sherman Act challenge to the Four Seasons Rule, which the court
found to be commercial “because it implicates ‘commercial activity’… and has ‘some
commercial impact.’” Id. at *3 (quoting Bassett v. Nat'l Collegiate Athletic Ass'n, 528
F.3d 426, 433 (6th Cir. 2008) and Worldwide Basketball & Sport Tours, Inc. v. Nat'l
Collegiate Athletic Ass'n., 388 F.3d 955, 959 (6th Cir. 2004)). The court observed that,
following Alston, “Division I basketball players may receive compensation in
exchange for their athletic services.” Id. Thus, the Four Seasons Rule, which limits
the players’ participation opportunities, “has some commercial impact.” Id. But see
Hasz v. Nat'l Collegiate Athletic Ass'n, No. 8:25CV398, 2025 WL 2083853, at *4 (D.
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Neb. July 24, 2025) (finding Four Seasons Rule has only incidental effect on player
compensation and thus is “a pure eligibility rule rather than a commercial rule,” and
thus not subject to Sherman Act).
Plaintiff argues that the same logic applies to the “Hardship Restriction,”
bringing it within the ambit of the Sherman Act. The Court agrees that the
challenged restraint is commercial such that the Sherman Act applies. Whether
viewing the Four Seasons Rule generally or the Hardship Waiver as an exception to
the rule, the ultimate effect is that the bylaws at issue determine whether a student
athlete is eligible to participate in Division I men’s basketball and the opportunities
for compensation that go with it. The Court finds the bylaws implicate commercial
activity. See Pavia, 760 F. Supp. 3d at 537 (holding that “the NCAA’s eligibility rules
are subject to the Sherman Act.”).
B. Plaintiff Fails to Carry His Burden Under the Rule
of Reason Analysis.
Plaintiff argues that, following Alston, “any restraints by Defendant on
student-athlete eligibility harms competition.” Doc. 4, # 77. Plaintiff claims that the
Hardship Restriction, specifically, “systematically and arbitrarily removes valuable
and productive participants from the market.” Id. Plaintiff identifies the relevant
market as “the market for NCAA athlete services.” Id. But Plaintiff can only
articulate harms which are particular to himself, and he does not identify how the
restriction harms market competition. See Hasz, 2025 WL 2083853 at *5 (holding
plaintiff has “not alleged or demonstrated any form of antitrust injury” where “only
evidence is of harm to himself.”). The restraint would appear—on this preliminary
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view—to have a near-net-zero effect at a market level: with finite roster spots,
granting Plaintiff’s extraordinary remedy would have the necessary effect of
excluding another eligible player. See Ziegler, 2025 WL 1671952 at *4 (“Plaintiff has
not shown that Defendant’s limit on the labor side of the market—replacing one
Division I basketball player with another—produces substantial anticompetitive
effects.”)
Plaintiff argues that “an athlete who is allowed another season could earn
additional NIL compensation, which may be life changing for student athletes.” Doc.
4, # 77. Though phrased in generic terms, Plaintiff’s argument does not point to
market-level anticompetitive harms. Furthermore, while relief “could” earn Plaintiff
additional NIL compensation, and “may be” life changing, Plaintiff’s phrasing
underscores the reality that the anticipated NIL compensation would not come from
this Defendant but rather from third parties. See doc. 4-2. Plaintiff describes, at best,
“secondary anticompetitive effects…brought on by independent actors in the market.”
Ziegler, 2025 WL 1671952 at *4. Therefore, because Plaintiff fails to establish his
burden at the first step of the rule of reason analysis, he has not demonstrated a
likelihood of success on the merits warranting injunctive relief.
Even if Plaintiff’s showing were sufficient to establish substantial
anticompetitive effects in the relevant market, his argument would fail at this third
step of the rule of reason analysis. At the second step, the NCAA must show
“procompetitive justifications” for the challenged restraint. See Pavia, 760 F. Supp.
3d at 541. Here, the NCAA argues that eligibility rules, such as the challenged
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restraint “are procompetitive because they preserve college athletics as a unique
offering from professional sports.” Doc. 13, # 142. Plaintiff disputes any legitimate
procompetitive justifications, arguing that the challenged restraint “simply removes
one injured5 athlete from competition, which does not improve competitive balance.”
Doc. 4, # 80.
At the third step of the rule of reason analysis, Plaintiff must “demonstrate
that the procompetitive efficiencies could be reasonably achieved through less
anticompetitive means.” Am. Express Co., 585 U.S. at 542. To that end, Plaintiff
argues that the Hardship Restriction is “far broader than necessary to achieve any
purported goal of competitive balance or fairness.” Doc. 4, # 81. As an alternative,
Plaintiff proposes that “the NCAA could introduce a more flexible participation cap,
allowing athletes to appear in a greater percentage of games—such as up to 50%—or
assess eligibility based on the actual minutes played.” Id.
Plaintiff does not explain how such less restrictive alternatives preserve any
“procompetitive efficiencies.” Am. Express Co., 585 U.S. at 542. Similarly, Plaintiff
does not explain how his proposed alternatives are any less “arbitrary” than the
current hardship waiver qualifications. Most strikingly, under Plaintiff’s proposed
alternatives, he would still be denied a hardship waiver, because his amount of
5 Plaintiff repeatedly attempts to characterize his present ineligibility as a result of his injury.
See doc. 4, # 77 (“The Hardship Restriction… removes valuable and productive participants
from the market, after an injury, in punitive fashion.”). But Plaintiff’s present ineligibility
has nothing to do with his injury; rather, he is ineligible because he has participated in
qualifying contests every year for five (5) years, exhausting his eligibility provided under the
Four Seasons Rule and the blanket COVID-19 waiver. See NCAA Bylaw 12.6.1.
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participation last season (55% of games, >30% of the overall minutes) exceeded his
proposed alternative threshold.
Sitting in consideration of an antitrust claim, courts “must give wide berth to
business judgments.” Alston, 594 U.S. at 102. Judges, “mindful… of their limitations,”
must “resist the temptation to require that enterprises employ the least restrictive
means of achieving their legitimate business objectives.” Id. at 106 (emphasis
supplied). Against those currents, the Court declines Plaintiff’s “invitations to ‘set
sail on a sea of doubt.’” Alston, 594 U.S. at 107 (quoting United States v. Addyston
Pipe & Steel Co., 85 F. 271 (6th Cir. 1898) (Taft, J.)).
C. Plaintiff’s Arguments as to the Administration of the
Hardship Waiver are Unavailing.
Plaintiff raises various arguments regarding Defendant’s allegedly arbitrary
disposition of hardship waiver requests. See, e.g., doc. 2, # 65 (alleging Defendant
“den[ied] [Plaintiff] relief while ignoring precedent”); and id. (alleging hardship
criteria “is applied mechanistically… demonstrating arbitrary and capricious
enforcement of NCAA rules.”).
To qualify for the hardship waiver under NCAA Bylaws, the student-athlete
must show “all of the following conditions”:
(a) The incapacitating injury or illness occurs in one of the
four seasons of intercollegiate competition at any two-year
or four-year collegiate institutions or occurs after the first
day of classes in the student-athlete's senior year in high
school;
(b) The injury or illness occurs before the first contest or
date of competition of the second half of the playing season
that concludes with the NCAA championship in that sport
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and results in incapacity to compete for the remainder of
that playing season; and
(c) The injury or illness occurs when the student-athlete
has not participated in more than three contests or dates
of competition or 30 percent of the maximum number of
contests or dates of competition of the playing season that
concludes with the NCAA championship as set forth in
Bylaw 17 for the applicable sport plus one contest or date
of competition, whichever is greater.
(Bylaw 12.6.4; doc. 13-2, # 236). The Bylaws set out further guidelines for the
administration of the hardship waiver (See, e.g., id. (“12.6.4.2 Criteria for
Administration of Hardship Waiver”; “12.6.4.2.2 Medical Documentation”; “12.6.4.2.3
First Half and 30 Percent of Season Denominator,”; “12.6.4.2.6 Reinjury in Second
Half of Season”).
There is no dispute that Plaintiff does not qualify for a hardship waiver under
the NCAA Bylaws. As Defendant points out, the Bylaws “represent the considered
judgment of hundreds of educational institutions.” Doc. 13, # 128. Defendant further
notes that the Bylaws provide additional paths to waive eligibility limitations based
on the Four Seasons Rule, including for players who, like Plaintiff, exceeded the 30%
participation threshold, but may nevertheless qualify due to “extraordinary
circumstances.” Id. at # 144 (quoting doc. 13-2, # 639); see also doc. 13-2, # 229-30
(“12.6.1.3 Academic Study Abroad Exception… 12.6.1.4 Internship or Cooperative
Work Experience Program Exception… 12.6.1.5 Athletics Activity Waiver… 12.6.1.7
[catch-all waiver].”).
Plaintiff argues that Defendant’s grant of a hardship waiver to another athlete
under similar circumstances demonstrates that the denial of Plaintiff’s waiver was
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arbitrary. According to materials attached to Defendant’s responsive briefing, in
NCAA Case No. 1240764, student-athlete Ryan Cornish was granted a hardship
waiver despite having “competed in five [men’s basketball] contests beyond the 30-
percent legislative limit,” allegedly due to a misdiagnosed injury. Doc. 13-2, # 612. In
essence, it appears the NCAA found that Cornish’s evidence persuasively established
extraordinary circumstances warranting a waiver, whereas the NCAA found that
Plaintiff’s evidence did not persuade. Comparing the decisions does not suggest that
Defendant was arbitrary; rather, such a comparison only confirms the impropriety of
intervention by this Court. The differences6 between Plaintiff’s and Cornish’s cases
are best considered—as they were—by Defendant, and not by this Court. Defendant
notes that Plaintiff twice applied for a hardship waiver for the relevant season (once
while still at Penn State, once after having transferred to OSU), and received further
review of his request when he exercised his right to appeal each denial. See doc. 13-
2, # 236 (“12.6.4.1.1 Review of Denied Waiver.”). Still unsuccessful, Plaintiff now
seeks to cast this Court as a “de facto appeals body for eligibility determinations.”
Pavia v. Nat'l Collegiate Athletic Ass'n, 154 F.4th 407, 418 (6th Cir. 2025) (Thapar,
J., concurring). The Court declines the invitation.
In sum, Plaintiff has failed to establish a likelihood of success on the merits for
his Sherman Act claim.
6 For example, the decision in Plaintiff’s case notes that “[c]ontemporaneous documentation
specific to [Plaintiff’s] December 10, 2024 injury was limited to December 15, 2024, athletic
room training record for general treatment of right wrist (ice bag).” Doc. 13-2, # 609. The
decision in Cornish’s case noted that “[t]he outcome likely would have been different if not
for the confluence of all presented factors,” demonstrated by “contemporaneous medical
documentation and [a] noncontemporaneous letter from treating physician.” Doc. 13-2, # 612.
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II. Injunctive Relief is not Warranted Based on Remaining Factors.
As noted above, “[a]lthough no one factor is controlling,” in determining
whether to grant injunctive relief, “a finding that there is simply no likelihood of
success on the merits is usually fatal.” Gonzales v. Nat’l Bd. of Med. Examiners, 225
F.3d 620, 625 (6th Cir. 2000). And in this case, Plaintiff’s arguments as to the
remaining factors do not save his motion.
Plaintiff argues that “the loss of the potential to play Division I basketball [has]
repeatedly been found by courts to cause irreparable harm.” Doc. 4, # 87. Plaintiff
primarily identifies the harms as both the “immediate economic benefits” (i.e., “the
dollar amount of NIL compensation”) as well as purportedly non-economic benefits,
such as “the lost opportunity for exposure, development, and personal brand growth
associated with playing at a nationally televised Division I program,” as well as his
“visibility, reputation, and professional trajectory.” Id. at # 88. But, to the extent that
his harm can be quantified in dollars and cents, it is not “irreparable” such that
injunctive relief is warranted during the pendency of this case. And the other harms
described are not so much “irreparable” as they are speculative. More importantly,
whatever speculative harms Plaintiff can imagine from losing the opportunity to play
for OSU can be just as easily imputed to an eligible player who would be deprived the
same opportunity if the Court were to grant Plaintiff’s request for extraordinary
relief. See Ziegler, 2025 WL 1671952, at *5 (“[G]iven the fixed number of roster spots
available for each Division I basketball team, an injunction would run the risk of
harming (1) currently-enrolled Division I basketball players who have already
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committed to a member institution and (2) current high school seniors who might
have their college recruitment disrupted.”).
Plaintiff argues that the balance of the equities “overwhelmingly” favors his
position. Doc. 4, # 88. He claims that he “seeks only to preserve the status quo,”
whereas “denying relief would irreversibly end [Plaintiff’s] collegiate career.” Id. at #
88-89. But, again, the status quo here is one in which Plaintiff—having played
qualifying contests in collegiate basketball in five separate seasons—is ineligible.
Regardless, given Plaintiff’s failure to demonstrate a likelihood of success on the
merits, this factor would not carry the day.
Finally, the Court is not persuaded that “the public interest would be served
by an injunction that aligns athletic eligibility with the modern economic realities of
college sports.” Doc. 4, # 90.
III. Injunctive Relief is not Warranted for Plaintiff’s Other Claims.
In his Complaint, in addition to his claims under the Sherman Act (Count I)
and Ohio’s equivalent (Count II), Plaintiff also alleges claims for Breach of Contract
(Count III), Tortious Interference with Contract (Count IV), Arbitrary Enforcement
of Rules, Regulations, and or Bylaws (Count V), and Declaratory Judgment (Count
VI). Doc. 1.
As to his contract claims (Counts III & IV), such claims suffer many of the
flaws discussed above. Regardless, such claims can be adequately redressed with an
award of monetary damages, such that injunctive relief is not warranted. Plaintiff
cites no legal support for his claim under Count V, “Arbitrary Enforcement of Rules,
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Regulations, and Bylaws.” Id.; see also supra, § I.C. Finally, Count VI is not
referenced in Plaintiff’s motion for injunctive relief. In sum, Plaintiff has not stated
colorable grounds for injunctive relief as to any claim in his Complaint.
CONCLUSION
For the reasons set forth above, the Court finds that the injunctive relief sought
is not warranted. Plaintiff has not shown a substantial likelihood of success on the
merits—i.e., that the Defendant’s denial of his hardship waiver violated the Sherman
Act. Neither has Plaintiff shown colorable grounds for preliminary relief for any of
his other claims. Therefore, Plaintiff’s motion is DENIED.
IT IS SO ORDERED.
s/ James L. Graham
JAMES L. GRAHAM
United States District Judge
DATE: November 11, 2025
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