Counsel for Nick Diaz has responded to the Nevada Athletic Commission’s opposition of its motion for an injunction against the UFC welterweight's temporary suspension.

The document of opposition, filed through the Nevada attorney general’s office earlier this week, claimed that Diaz can’t take legal action until the NAC makes a decision regarding his disciplinary complaint. It also states that Diaz isn’t likely to succeed “on the merit of his arguments” and that his temporary suspension hasn’t caused the type of harm worthy of court intervention.

Diaz’s response, filed through attorney Ross C. Goodman to Nevada district court on Friday, argues that the NAC has requested “an unlimited power of interim suspension” through its opposition brief. The 12-page document disputes the NAC’s claim that Diaz has failed to “exhaust his available administrative remedies” and claims that “the issues raised in [Diaz’s] complaint are ripe for adjudication.”

“[Diaz’s] complaint puts in issue the [NAC] administrative procedure itself, and therefore the doctrine of exhaustion of administrative remedies has no application,” Goodman wrote. “Further, there exists no administrative remedy for the Commission’s failure to convene a prompt hearing or to seek relief from an administrative agency in respect of that same agency’s violation of a licensee’s statutory and due process rights.”

Diaz -- a medical marijuana patient diagnosed with Attention Deficit Hyperactivity Disorder in his home state of California -- tested positive for marijuana metabolite following his UFC 143 loss to Carlos Condit at the Mandalay Bay Events Center in Las Vegas on Feb. 4. Diaz was suspended by the commission on Feb. 22 pending a disciplinary hearing. Goodman has previously asserted that Diaz’s suspension should have been addressed within 45 days of Feb. 22.

Goodman also claimed that Diaz’s potential success in future disciplinary proceedings has no bearing on the current situation.

“The issue is not whether [Diaz] or the Commission is more likely to be successful in connection with the underlying disciplinary proceedings. The issue is whether [Diaz] is likely to succeed on the merits of his claim commenced in this court -- sufficient to ground the preliminary injunctive relief sought,” he wrote.

In addition, Goodman argues that the NAC has yet to produce any evidence that could refute Diaz’s claim that the suspension has caused the fighter irreparable harm. In closing, the document reiterates Diaz’s request for a preliminary injunction against the NAC, which would give the Stockton, Calif., native relief from his ongoing suspension as well as any future disciplinary action by the commission. Diaz’s complaint is expected to be heard in court on May 14.

view original article >>
Report here if this news is invalid.

Related News

Nevada commission delays Nick Diaz's disciplinary hearing

  • 9 days ago
  • 3 views

Nick Diaz will have to wait a bit longer to meet with the Nevada State Athletic Commission.Filed under: News, UFC read news >>

Nick Diaz's lawyer questions drug-testing methods, seeks settlement with NAC

  • 9 days ago
  • 13 views

Nick Diaz's attorney and the Nevada Athletic Commission (NAC) are in discussion about a settlement in the Diaz drug case. On Friday, Diaz's disciplinary hearing was postponed for another month after read news >>

Jon Jones hit-and-run case being monitored by Nevada Athletic Commission

  • 27 days ago
  • 12 views

The Nevada Athletic Commission is monitoring UFC light-heavyweight champion Jon Jones following a hit-and-run on Sunday. Jon Jones may have bailed himself out of custody in approximately three hours read news >>

NAC Monitoring Hit-and-Run Incident, Says Jon Jones Passed Multiple Drug Tests

  • 27 days ago
  • 13 views

The Nevada State Athletic Commission is closely monitoring the ongoing hit-and-run investigation involving UFC light heavyweight champion Jon Jones. It was announced on Monday afternoon by the Albuqu read news >>

NAC: Jon Jones passed out-of-competition drug tests, hit-and-run incident being monitored

  • 27 days ago
  • 17 views

The Nevada Athletic Commission is going to keep a close eye on the Jon Jones situation. NAC executive director Bob Bennett told MMAFighting.com on Monday that the commission will be monitoring Jones' read news >>

Manny Pacquiao's NAC paperwork doesn't mention injury, adviser says 'wrong box was checked'

  • 19 days ago
  • 14 views

Manny Pacquiao's team claims that the Nevada Athletic Commission was fully aware of his shoulder injury going into his fight with Floyd Mayweather, but the official paperwork tells a different story. read news >>

Former Nevada State Athletic Commission chair Bill Brady steps down from commission

  • 16 days ago
  • 10 views

Bill Brady today stepped down as a commissioner with the Nevada State Athletic Commission after eight years on the job. Filed under: News read news >>

Nevada Athletic Commission approves severe drug test failure punishments, lifetime bans

  • 9 days ago
  • 3 views

It looks like the NAC is taking on the UFC's idea of harsher drug test enforcement and running with it, as they've approved plans for a whole slew of severe drug test failure punishments to go into e read news >>

Nevada commission votes: Three-year punishment for steroid users, win turns to loss

  • 9 days ago
  • 3 views

After months of deliberations, the Nevada State Athletic Commission is throwing the book at fighters who fail drug tests. Filed under: Featured, News read news >>