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Nevada Attorney General Not Impressed by Nick Diaz’s NSAC Lawsuit

(Photo courtesy of NBC Sports)

Remember when Nick Diaz‘s legal team filed suit last week, claiming that the Nevada State Athletic Commission had acted improperly in handling his failed drug test and ensuing proceedings, and that they now no longer have jurisdiction over their client’s case? Well, the state of Nevada disagrees. After Diaz’s lawyer Ross C. Goodman referenced a “summary suspension” in their paperwork last week, Nevada’s Attorney General Catherine Cortez Masto wrote Goodman to explain that, in legal terms, he doesn’t know what he’s talking ’bout. MMA Fighting has the report:

‘No Notice of Summary Suspension was ever served on your client,’ Masto wrote. ‘In this matter, Mr. Diaz was properly served with a Notice of Hearing on Temporary Suspension and he failed to appear at the hearing. The Commission temporarily suspended Mr. Diaz’s license at the hearing. Neither Mr. Diaz nor you objected in any manner to the temporary suspension.’

The letter effectively indicates that because Diaz was not given a ‘summary suspension,’ his case does not fall under Nevada code NRS 233B.127, which requires a hearing within 45 days. A separate code, NRS 467.117, indicates that the commission can ‘continue the suspension until it makes a final determination of any disciplinary action to be taken against the licensee or holder of the permit’.

The letter also indicates that the NSAC delay in scheduling Diaz’s hearing was partially his fault, caused while waiting for him to produce his medical marijuana card.

“I’ve waited for more than a month for the card,” Masto wrote.

So, Diaz’s team is saying that Nevada lost their chance at deciding the fighter’s fate because they have not held a hearing within 45 days, in violation of Nevada code NRS 233B.127, which dictates what happens under summary suspension. But that’s not even an applicable argument, according to the Nevada Attorney General. In summation, Diaz is saying to the NSAC “you can’t tell me what to do!”, and the state of Nevada is saying, “yes we can.”

Time will tell which side the circuit court that Diaz filed suit in will take. The court will hear Diaz’s motion for an injunction against the NSAC’s suspension (that the NSAC says doesn’t exist), on May 14th.

Cagepotato Comments

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intercept440- May 3, 2012 at 9:44 pm
jew laywer 1 diaz -10..really was this a surprise...that dumbfuck cunt bubble just got served 300 bucks an hour on a case he wont win and will drag out for 15 months...350k paqyday for the lawyer... stupid ass cunt... i know diaz isnt black.....but at this point ide call him a stupid offense
linzhanbs- May 3, 2012 at 10:29 am 0000
Nippletwist- May 2, 2012 at 9:11 pm
Teehee McPeepee- May 3, 2012 at 10:52 am
Gladheateher- May 2, 2012 at 8:44 pm
This type of behavior should be known hence forth as a "Diaz". It's just another day for this numbskull
rngeorgeh- May 2, 2012 at 2:32 pm
P.S.- Should have Caveman Lawyer representing!
rngeorgeh- May 2, 2012 at 2:31 pm
Do the words "personal responsibility" mean anything these days? Follow the f'ing rules in the first place and get over yourselves!
SocraticMethod- May 2, 2012 at 1:06 pm
I don't think even Nick expected NSAC to respond with, "Well, holy shit, you're right, Mr. Diaz. He's a license to fight Condit and fat sack of chronic."

Yeah, they're saying Diaz's argument fails. Every answer to every lawsuit ever alleges that the allegations fail as a matter of law. Or at least, every answer where the attorney doesn't want to get sued for malpractice does.
SocraticMethod- May 2, 2012 at 1:07 pm
"Here's" not "he's." I hate when I'm sarcastic and misspell simple words.
amsterdamheavy- May 2, 2012 at 12:19 pm
The way I understand teh CA law, and I dont live there, is that you dont NEED a medical marijuana card. Its an optional piece of ID to help with dealing with the pigs, err, police.
El Guapo- May 2, 2012 at 12:14 pm
"Ladies and gentlemen of the j-j-j-j... (deep breath)J-j-j-j-JURY! My client Mr. D-d-d-d-..."
CrushCo- May 2, 2012 at 11:30 am
"I didn't lose that case, that's some bullshit. They didn't even come here to litigate. NSAC just held me down with their bullshit writs, and the defense was backpedaling the whole time. If these pussy judges keep screwing me I'm not going to sue any more."
Fried Taco- May 2, 2012 at 11:19 am
Can't wait to see the two sides meet in court, and the inevitable ensuing brawl. These things happen in lawsuits!