welterweight Nick Diaz
filed suit in Nevada District Court against the Nevada Athletic
Commission, requesting relief from his ongoing suspension and any
future disciplinary action by the NAC.
Diaz, who tested positive for marijuana metabolites following his
Feb. 4 loss to Carlos
Condit, was suspended by the NAC on Feb. 22 pending a
disciplinary hearing that has yet to occur. Diaz’s attorney, Ross
C. Goodman of Goodman Law Group, responded to the NAC’s complaint
against Diaz, and the parties have exchanged written documents for
several weeks, as outlined by a Sherdog.com report on April 19.
In the suit, filed April 24, Goodman alleges that the commission
has unlawfully suspended Diaz’s license, issuing what has
essentially become an indefinite suspension that has “caused and
will continue to cause irreparable harm to Diaz” by “failing to
promptly convene a final hearing to determine the merits of [the
NAC’s] complaint.” Goodman also reaffirms his claim that the
welterweight’s case should have been heard by the commission within
45 days from the date Diaz’s suspension took effect. The action was
first reported by MMAFighting.com
Diaz, a medical marijuana patient in his home state of California
due to his Attention Deficit Hyperactivity Disorder (ADHD), was
left off of the commission’s April 24 agenda after Nevada Deputy
Attorney General Christopher Eccles responded to a Feb. 13 letter
from Goodman that demanded Diaz be heard at this month’s meeting.
Eccles asserted that Diaz’s medical marijuana card had not been
delivered as promised, though Goodman stated that proper proof of
Diaz’s legal, out-of-competition marijuana use had already been
provided in the form of a signed physician’s letter. NAC Executive
Director Keith Kizer previously confirmed to Sherdog.com that the
commission planned to see Diaz at a later date.
Goodman filed Diaz’s complaint against the NAC in Clark County
District Court the same day as the commission’s aforementioned
meeting. On April 25, Goodman filed a motion for preliminary
injunction, which was granted by District Court Judge Rob Bare. As
a result, Diaz’s complaint will be heard on May 14 at 10:30 a.m.
The NAC has until May 8 to file any opposition to Goodman’s
The former Strikeforce welterweight champion, Diaz, 28, rejoined
the UFC last year, making his Octagon return this past October.
Diaz battered former two-division champion B.J. Penn at
137, taking a bloody unanimous decision from “The Prodigy.”
Diaz then faced Condit in February for the UFC interim welterweight
title after reigning champion Georges St.
Pierre suffered a torn ACL.
view original article >>