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Diaz injunction results in a whole lotta nothing

It’s been a busy couple of days for the people that handle Nick Diaz’s business. Aside from Cesar Gracie having to explain why Nick pulled another vanishing act at the World BJJ Expo, Nick’s lawyer Ross Goodman was also in court trying to punish the NSAC for not hearing Nick’s case within 45 days. And while the judge basically decided he wasn’t getting involved, Goodman put out a statement claiming victory:

At today’s hearing of Nick Diaz’s motion for a preliminary injunction, District Court Judge Rob Bare clarified that the NSAC, like all other administrative agencies in Nevada, is required to comply with the law.

By failing to hold a final disciplinary hearing within 45 days of suspending Mr. Diaz’s license, the NSAC violated Diaz’s due process rights under NRS 233B. The Judge entirely rejected the NSAC’s claim that it is entitled to suspend fighters indefinitely pending a final hearing.

Judge Bare further held, as Ross C. Goodman argued, that if the NSAC imposes a “temporary suspension” on a fighter, the NSAC is legally required to hold a final disciplinary hearing within 45 days.

If the NSAC had not committed to setting Diaz’s final disciplinary hearing for Monday, May 21, 2012 – which the NSAC only agreed to do the last business day before today’s hearing – then, Judge Bare unequivocally and repeatedly stated, he would have ordered the NSAC to do so within 7 to 10 days.

Meanwhile, NSAC head Keith Kizer is still acting like Nick Diaz’s missing medical marijuana card is the smoking gun that not only caused the delays but will lead to Nick’s downfall:

“We were ready, willing and able to proceed, and we held it off because his attorney asked to do so to produce the card,” Kizer said. “It now appears that Mr. Diaz and Mr. Gracie were less than honest with Mr. Goodman about having the card.”

Meanwhile in reality land, Nick’s physician provided a letter back when all this legal wrangling started stating that he had recommended Diaz be treated for ADHD with medical marijuana. I’m not quite sure how that isn’t enough, especially when the NSAC were happy enough to take Alistair Overeem’s Dr Nick impersonator at his word. But past hearings have shown the NSAC is willing to use whatever wedge they have to find someone guilty if they really want to. And I doubt Monday’s courtroom sideshow has endeared Nick and his lawyer to the commission.

The next round in this fight goes down at an NSAC meeting May 21st. In the main event, Nick Diaz and his heavyweight lawyer vs bullsh*t pot laws. And in the co-main, Chael Sonnen will try to skirt past lies and suspensions to get his testosterone use legitimized leading up to his fight with Anderson Silva. What a stacked card!

  • Mike Winklejohnson

    NSAC, like most govt organizations, are full of shit and want to do the least possible, but they enjoy abusing their powers once in a while doing stupid shit like preventing monitors for judges.

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