Nick Diaz not reinstated at hearing today; must appear before NSAC May 21st
Posted on May 14, 2012, 05:33 PM by Mike DrahotaToday Nick Diaz and his camp's request for an injunction in his ongoing legal battle stemming from a failed drug test at UFC 143 was turned down in district court. The judge started off by saying that the circumstances surrounding this case are odd. However, Diaz will have to appear before the NSAC and find out what his true punishment is before the judge can intervene directly. This will take place next Monday, May 21st. Nevada state Judge Bare stated the following, revealed via MMA Fight Corner on Twitter.com:
Judge Bare: this is an odd situation. Says NSAC Disciplinary hearing on May 21st should be held. Won't reinstate Nick Diaz. #UFC #MMA
— MMA Fight Corner (@fightcorner) May 14, 2012
It was determined that since Diaz was technically suspended since February 22nd, the NSAC did violate the rules by not offering Diaz a hearing within 45 days. In the future, the judge explained that all requests for extensions in this matter must be expressed in formal writing:
Judge Bare: it was nsacs "burden" to put in writing to extend the 45 day period & hold a disciplinary hearing. #MMA #UFC
— MMA Fight Corner (@fightcorner) May 14, 2012
The ongoing saga of Nick Diaz vs. the NSAC will go on, at least until next week when his disciplionary action has been decided. Stay tuned to Lowkick.com for any further developments regarding the situation.
Comments
I'd say this is a win for Diaz. He may not have technically won what he was asking but lawyers generally shoot for the moon in hopes of getting a moderate deal and that is what happened. The nsac was slapped on the hand for their handling of this. They were pretty much forced to set a hearing, told they violated their own rules, and the judge left it open to be ruled on after the nsac reaches their verdict. This is very good for Nick.
In one sense it is, but knowing some of the Commission people, I would be very surprised if the final verdict goes his way.
But I like how the judge says I can't rule on this until the commission reaches a verdict. It leaves it open and gives a little warning to the commission that it can be ruled apon after they reach a verdict.
His lawyers have set the stage to appeal the NSAC's ruling to a real court that is bound by the rule of law, should they be arrogant enough to suspend Diaz for breaking a rule that doesn't exist.
Mike, to be honest the commission should tread very lightly next week. This was not a win for Diaz, but it also wasn't a win for the commission which is probably the biggest act yet in this shakespearean dramedy.
The stage is set for Diaz's very well connected Nevada attoryney to appeal if they don't agree with the decision.
When does any kind of decision go Nick's way? Besides of course, the decisions that have gone his way.
He never seems to win the decisions that really count as far as his career goes. This will probably be no different.
Exactly! And the nsac knows it you can bet your kirka on it.
The paperwork for the appeal had probably already been done. It is just waiting to be filed.
Because whatever the verdict, you can bet the house that Diaz legal team won't agree with any of it. Even if it is a six month suspension with 3 months served already. Just wait and see.
Mike, I actually think that if they get 6 months they take it. 3.5 months served already, and they can be back to fighting against as soon as August.
For a retired guy that's not a bad turnaround.
Agreed.
But if he feels that he is in the right, I see him pushing the envelope.
If the commission decided to allow Nick Diaz to consume medical grade marijuana then this would set an amazing precedence where many new fighters would be lining up with medical cards and blood shot eyes.
The lawyers will be happy to keep this thing going on for as long as they are being paid....