TPWW Forums - Nick Diaz

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Quote:

Nick Diaz's attorney issues ultimatum to NSAC on UFC 143 drug test: Hear the case on April 24 or the complaint is invalid

Apr 15, 2012 - 11:30:46 PM

By: Jamie Penick, MMATorch Editor-in-Chief

The Nevada State Athletic Commission has an important hearing for UFC heavyweight Alistair Overeem at their next meeting on April 24, but they may also be hearing the Nick Diaz case at that meeting as well. If not, Diaz's attorney argues that their suspension of his client is no longer valid.

In a letter sent to the NSAC on Friday, Diaz's attorney Ross Goodman gave the NSAC an ultimatum regarding the April 24 hearing. Goodman points out that Nevada there is a statute in Nevada law requiring the NSAC to hear a case and make a final determination on an initial summary suspension within 45 days of its issuance, unless both parties agree in writing to extend beyond that.

As Diaz's suspension was handed down on February 22, that 45 day mark was hit on April 6. Goodman contends that the NSAC had informed he and Diaz that the issue would be handled during their April meeting, so they agreed to a delay beyond that 45-day mark. However, as they have not yet been official put on the agenda for the meeting, Goodman says Diaz will not accept any further delays.

Additionally, Goodman argues that if the NSAC does not hear Diaz's case on the April 24 meeting, then they will be giving up their complaint against him, and will have no further right to move forward with the suspension.

"We presume that the NSAC will comply with its statutory obligation to have this matter heard on April 24th, 2012," the letter read. "If not, my client takes the position that the NSAC has by virtue of its delay irrevocably elected to discontinue or abandon its complaint against Mr. Diaz. The NSAC has no authority to hear or determine the complaint at a later date, and any such purported hearing or determination of the complaint would be ultra vires the NSAC's statutory powers."

Goodman has asked the NSAC to respond no later than Monday afternoon at 4PM PT.

Penick's Analysis: This is another interesting wrinkle to the situation. Diaz and Goodman both believe they've got a very reasonable case to say that Diaz has done nothing worthy of suspension with having marijuana metabolites in his system at UFC 143, and if this is in the NSAC's language, it's a potential way to get things cleared up more quickly for Diaz. With the ultimatum in place, the NSAC will likely put Diaz on this upcoming agenda, making it one of the bigger meetings the commission has had from a disciplinary standpoint. How the commissioners handle both Diaz and Overeem's cases is going to be a big story, and we'll see if they comply with this latest letter.

[Nick Diaz art by Grant Gould (c) MMATorch.com]

These commissioners aren't the most intelligent of people. They're either disrespectful and condescending to cover up the fact that they have no idea about the case they're reviewing (e.g., Overeem's original NSAC hearing where one of the commissioners thought Overeem was fighting at HW for the first time in his career) or they are clueless about the law e.g., Barnett/Sonnen's hearing in Cali where they had to delay Barnett's hearing because the idiots were basically going to have him testify under penalty of perjury without proper legal representation and the only thing they knew about Sonnen's case was that he had high testosterone).

It's kind of scary that they're responsible for the safety and well being of fighters/ preventing the use of PEDs. That's why Mayweather opted for Olympic Style drug testing in his fight with Mosley.

It's gonna be an interesting meeting.. They should show it live on PPV with Goldy and Rogan commentating..

Rogan will be commentating, via podcast

Quote:

NSAC opposes Nick Diaz camp's motion for preliminary injunction
by Steven Marrocco on May 11, 2012 at 9:05 am ET

In the latest salvo between the Nevada State Athletic Commission and Nick Diaz, the Nevada attorney general's office, on behalf of the commission, has filed a document opposing a request for an injunction against the fighter's temporary suspension.

The document argues that Diaz can't take legal action until the commission makes a final ruling on his disciplinary complaint.

According to the commission, it has been held up by both the absence of evidence that the attorney general requested and the fighter's initial challenge of his failed drug test.

Using the complaint's allegations as a foundation, the opposition states the injunction shouldn't be imposed because Diaz is "not likely to succeed on the merits of his arguments." Further, it argues that Diaz, whose lawyer recently filed suit against the NSAC, hasn't proven the fighter's temporary suspension has caused the type of harm that requires court intervention.

"Mr. Diaz has failed to exhaust his administrative remedies," states the 20-page document, a copy of which MMAjunkie.com (www.mmajunkie.com) recently obtained. "In this matter, Mr. Diaz ignored the process and now has attempted to go into court and claim that he is being harmed."

An administrative hearing would determine what, if any, actions could be taken against the fighter for testing positive for marijuana metabolites following UFC 143, which took place Feb. 4 at Mandalay Bay Events Center in Las Vegas. Diaz lost an interim welterweight title fight to Carlos Condit.

The Diaz camp, however, claims the fighter's due-process rights were violated when a hearing wasn't held within 45 days of the temporary suspension – issued Feb. 22 – and they want it lifted by court order.

On May 14, a Nevada judge will determine whether the NSAC moves forward with administrative proceedings. Diaz could face a yearlong suspension and fines with a formal suspension, which would be his second in the state.

A response to the opposition document from the Diaz camp is expected shortly.

Anddd Diaz has no showed on his bjj match..nice job

https://twitter.com/#!/LayzieTheSava...22377187885056

He is still gonna pay the money to St. Jude's out of pocket..

I love Diaz. He's definitely the Rashad Evans to my Krimzon, but it's getting a bit ridiculous. He has so much potential and he's pissing it away.

Nah..

He'll serve his suspension, come back to UFC, beat someone like Koscheck, and get his title shot..

At this point it's a big money match either way..

Diaz vs GSP

or

Diaz vs Condit II

He will be back, I guarantee it..

Yeah but he cant keep doing these no shows, its ridiculous. It'll catch up at some point, but Im sure he's not stupid enough to fuck over the UFC again.

He never really fucked them over..

You know what I mean. No showing to any events he is suppose to is a big no no

Quote:

Originally Posted by Next Big Thing (Post 3857896)

I love Diaz. He's definitely the Rashad Evans to my Krimzon, but it's getting a bit ridiculous. He has so much potential and he's pissing it away.

That's a pretty lofty statement! Diaz is such an enigma.

What bullshit. Diaz gets suspended a year for marijuana, but Overeem gets 9 months for doping AFTER that first incident where he skipped town instead of taking the test. These commissioners are jokes.

Cesar Gracie summed it up best

"Get drunk and wreck cars or do steroids between fights is OK. Smoke weed legally before fight and NSAC throw the book at you"

F'n sucks he's out for a year..

Has the time he's been out, with the appeal, chalked up as "time served"??

He should just fight out of California. I would love for the California State Athletic Commission to go along with Nevada's suspension when his license to smoke marijuana is issued by the state of California. CSAC would almost have to let him fight just based on general principle.