MENU
#UFC Fight Night 55 #Fabricio Werdum #Marcin Tybura #UFC 217 #GSP #Michael Bisping



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.

Comments

Show Comments

Related News

Robbie Lawler Responds to Rory MacDonald's Claims That He Used Performance Enhancing Drugs | MMAWeekly.com

  • 25 days ago
  • 259 views

Robbie Lawler and Rory MacDonald put on one of the best fights in history during an epic battle that took place back in 2015, but now the matchup has hit the headlines again for all the wrong reasons read news >>

Six months after controversy, New York commission officially implements instant replay

  • 23 days ago
  • 15 views

The New York State Athletic Commission now officially has an instant replay policy on its books. Filed under: News, UFC read news >>

Tyron Woodley responds to 'idiot' Colby Covington's callout: 'He just got out struck by a BJJ guy'

  • 21 days ago
  • 13 views

UFC champ Tyron Woodley responded to Colby Covington’s post-fight speech after beating Demian Maia at UFC Fight Night 119.Filed under: News, UFC read news >>

With small UFC 217 lineup shuffle, OSP vs. Anderson elevated to FS1 prelims

  • 19 days ago
  • 10 views

With a small change to the preliminary card, the lineup is again set for Saturday’s UFC 217 event.Filed under: News, UFC read news >>

Quick Submission Concludes TUF 26 Preliminary Round | MMAWeekly.com

  • 17 days ago
  • 77 views

The seventh episode of The Ultimate Fighter: A New World Champion featured the final preliminary round bout and set the quarterfinal match-ups. read news >>

Brown: 'I'm going to change Gall's life'

  • 17 days ago
  • 5 views

Randy Brown shared some strong opinions on his UFC 217 opposition, Mickey Gall, at Wednesday's Media Day at Madison Square Garden. Brown believes the Dana White: Lookin' For a Fight star hasn't earne read news >>

Cody Garbrandt posts video alleging KO of T.J. Dillashaw, who responds

  • 17 days ago
  • 54 views

Cody Garbrandt calls this a knockout; T.J. Dillashaw says he got back up. You be the judge.Filed under: Blue Corner, Featured, Featured Videos, News, UFC read news >>

Referee Marc Goddard Responds to Conor McGregor's Actions at Bellator 187 in Ireland | MMAWeekly.com

  • 5 days ago
  • 899 views

Referee Marc Goddard has broken his silence just days after an altercation with UFC lightweight champion Conor McGregor in Ireland at Bellator 187. The situation unfolded after Goddard appeared to st read news >>

Ref Marc Goddard responds to Conor McGregor, clarifies Bellator 187 melee facts in Facebook post

  • 5 days ago
  • 141 views

Referee Marc Goddard had a lot to say about the Conor McGregor melee at Bellator 187.Filed under: Bellator, Featured, News, UFC read news >>