In the latest chapter of Nick Diaz and Co. vs. Nevada, the 209 began the process of suing the Nevada State Athletic Commission.
Diaz’s legal team filed a lawsuit against the regulatory board on the grounds that his right to due process was violated when they took more than forty-five days to hold his disciplinary hearing after being suspended for showing marijuana metabolites in a drug test.
Via MMAFighting, Nevada attorney general Catherine Cortez Masto countered the Diaz camp’s legal gambit by explaining that Diaz’s suspension was not a summary suspension, but a temporary suspension; only a summary suspension carries with it a mandated hearing within forty-five days.
From Masto’s counter-statement:
No Notice of Summary Suspension was ever served on your client. In this matter, Mr. Diaz was properly served with a ‘Notice of Hearing on Temporary Suspension’ and he failed to appear at the hearing. The Commission temporarily suspended Mr. Diaz’s license at the hearing. Neither Mr. Diaz nor you objected in any manner to the temporary suspension.
As of now, both sides are moving forward — the NSAC/Nevada attorney general with their original complaint, and Diaz’s team with their attempt to fight the suspension.