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  • Written by MiddleEasy @MiddleEasy

Nick Diaz's attorney demands NSAC hearing April 24th or the suspension is bogus

Tonight, I basically parked my car halfway in someone's driveway because the streets were jammed bumper to bumper. I may not have a car by the time you read this. It could exist in that big car park in the sky. Automobile afterlife, where 2001 Honda Civics can have fire-side chats with 1962 Ford Mustangs and talk about the old days. Alternatively, my car could be in 'car purgatory,' otherwise known as the Los Angeles Impound. It costs like a trillion dollars to get your car out and throughout the entire process you feel like you're in one elaborate 'walk of shame.' It's like bailing your girlfriend out of jail after she took off her heel and started clobbering some chick at a bar. There's nothing fun or funny about getting your car towed. In the worst case scenario, if my car does get yanked by parking authorities, I think I will employ the 'Ross Goodman' defense and everything should be alright.

If you haven't been following the '209 Saga' the past couple weeks, Ross Goodman is Nick Diaz's attorney. As of Friday, he wants the Nevada State Athletic Commission to hear Nick Diaz's case on April 24th or he believes the NSAC will abandon all authority to their complaint against Diaz. Goodman is also giving the NSAC 'no later than April 16th' to respond. Here's Ross Goodman's letter sent to the NSAC that was obtained from our buds at FightOpinion.

Re: Hearing of First Amended Complaint against Nick Diaz

Dear Mr. Eccles:

We have received no response to our correspondence dated April 12th, 2012, seeking confirmation that the NSAC’s complaint against Mr. Diaz will be heard on April 24th, 2012.

Our client’s license is presently suspended on a summary basis until a final determination of any disciplinary action to be taken against him, under an order made by the NSAC pursuant to NRS 467.117(2) and NRS 233B.127(3) on February 22nd, 2012 (the “Summary Suspension Order”).

The law does not permit the NSAC to suspend our client indefinitely pending a hearing and determination of the complaint, but imposes a reasonable and definite time limit when which the complaint must be heard and determined. By enactment effected May 22, 2009, Nevada’s legislator amended NRS 233B.127(3) to provide that “[p]roceedings relating to the order of summary suspension must be instituted and determined within 45 days after the date of the order unless the agency and the licensee mutually agree in writing to a longer period.” [emphasis added] (Prior to this amendment, the time limitation was that the proceedings be instituted and determined “promptly”.) Requests for documents, including documents which are not relevant to the matters in dispute and which are protected by statutory and common law privilege, do not operate to extend the time limit within which a hearing must be held pursuant to the statutory limitation.

The final day for the hearing and determination of the NSAC’s complaint against Mr. Diaz was therefore April 6th, 2012 — 45 days after the date of the Summary Suspension Order. In discussions with Mr. Kizer, following the Summary Suspension Order, Mr. Kizer informed me and others that this matter would be placed on the NSAC’s April agenda. Our client was and is confident that there is no basis for disciplinary action against him and therefore did not object to a delay beyond the required 45 day time limit as long as the matter was heard and determined in April.

However, our client objects to any further delay.

We presume that the NSAC will comply with its statutory obligation to have this matter heard on April 24th, 2012. If not, my client takes the position that the NSAC has by virtue of its delay irrevocably elected to discontinue or abandon its complaint against Mr. Diaz. The NSAC has no authority to hear or determine the complaint at a later date, and any such purported hearing or determination of the complaint would be ultra vires the NSAC’s statutory powers.

We expect your response no latter than 4 PM, Monday, April 16th, 2012.

Very truly yours,

Ross C. Goodman, Esq.
GOODMAN LAW GROUP, P.C.

We would send LayzieTheSavage on the case, but he's too busy pretending to work out with the Diaz brothers at Cesar Gracie Jiu-Jitsu and taking silly pictures with Ronda Rousey. Damn, that guy has a hard life. Working for MiddleEasy is torture.


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