Nick Diaz, through lawyer Ross Goodman, failed a lawsuit on Tuesday against the Nevada State Athletic Commission claming that he was not given his due process by not having a hearing scheduled to argue his case according to an article by Luke Thoimas on MMAFighting.com
The commission had not put Diaz on the docket for a hearing because Goodman had claimed Diaz had a medical marijuana card in California and they had asked him for proof of such and he had not responded with proof as of last week.
Diaz is asking that the court overrule his suspension and to prohibit the commission from going through anymore disciplinary proceedings. He is looking for a declaration that his rights were violated by not having a prompt hearing after his lawyers requested one.
They also claim in the suit his suspension should be dropped because his temporary suspension should not have been able to continue past a certain point without a hearing.
The key to this suit, and the marijuana suspension and rules on marijuana are not part of the suit, is that if successful, it would put into question the power the commission would have to temporarily suspend fighters who fail drug tes.
Diaz has a hearing on 5/14 looking for a preliminary injunction that would then force his suspension to be rescinded and allow him to fight. Diaz, who had claimed to be retired, in the suit said he was ready to fight again immediately against Carlos Condit.
The UFC had put together a Diaz vs. Carlos Condit rematch for the interim welterweight title where the winner would face Georges St. Pierre later this year. Because St. Pierre is looking to return in November, probably the latest UFC would make a Diaz vs. Condit fight would be early August.
Diaz was suspended for a second marijuana failure. In two previous cases where an athlete had failed for marijuana a second time, the commission gave them a one year suspension.