In a letter forwarded to MMAFighting.com from the state of Nevada’s attorney general, Catherine Cortez Masto which was sent to Diaz’s attorney Ross Goodman, the state rebuts Nick Diaz’s lawsuit that states the NSAC violated his right to due process. It argues that Diaz was not under a “summary suspension” as his lawsuit indicates, but rather they were served a temporary suspension and failed to appear at the hearing.
The letter reads: “No Notice of Summary Suspension was ever served on your client,” Masto wrote. “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.”
The letter also explains the difference between a summary suspension and a temporary suspension: ” [Diaz’s] case does not fall under Nevada code NRS 233B.127, which requires a hearing within 45 days. A separate code, NRS 467.117, indicates that the commission can ” continue the suspension until it makes a final determination of any disciplinary action to be taken against the licensee or holder of the permit.”
According to MMAFighting, Diaz is expected to appear in Nevada’s Clark Country District Court on May 14th where his attorney Ross Goodman will ask for an injunction against the suspension.