NSAC files against Nick Diaz' request for injunction; hearing set for May 14thPosted on May 12, 2012, 12:35 PM by Mike Drahota
In the latest development in the saga of the Nevada State Athletic Commission v. Nick Diaz, the Nevada attorney general's office has filed an opposition to the latest claim made by Diaz' legal team. Diaz insisted he was not given a hearing within the allotted time, but the commission is responding on the grounds that he cannot take any legal action until disciplinary action has been handed down to him. Another step in a back-and-forth war, this latest report leaves us wondering when, if ever, we will see Nick Diaz in the Octagon again.
The NSAC stands firm on its stance that the entire process has been held up by Diaz not providing the requested information, namely his medical marijuana card from the state of California. They believe that Diaz has not seen negative effects from his temporary suspension that would warrant the legal action taken by his team. Diaz' legal team of course filed an injunction against the commission on the basis that they also accused him of lying on a pre-fight drug questionnaire, but that is not how the commission views it. The Nevada attorney general's 20-page report states the following, via mmajunkie.com:
"Mr. Diaz has failed to exhaust his administrative remedies. In this matter, Mr. Diaz ignored the process and now has attempted to go into court and claim that he is being harmed."
So it appears that the commission is ready to go to battle with Diaz and his legal team, viewing it as a situation where the fighter is drawing out the process of his own hearing, and will be “not likely to succeed on the merits of his arguments." One would be hard-pressed to find an MMA situation that has gone through so much action and counteraction in a legal sense. However, this whole debacle may be far from over as new paperwork continues to be filed on a weekly basis. More will be known at his hearing on May 14.
Meanwhile, Nick Diaz will face Braulio Estima in a BJJ Superfight later today, his thoughts focused on facing a world-champion. There is no doubt that Diaz possesses world-class BJJ skills. The question remains if we will see these skills in an MMA arena anytime soon. Obviously, there is no clear answer to that until we see the smoke clear from his drawn-out battle with the NSAC. Has Diaz been wronged to the point of legal action, or has he neglected the requests of the NSAC?