Julio Cesar Chavez, Jr.’s attorney and the Nevada Athletic Commission have agreed to keep JCC’s lawsuit against the commission in state court according to a filed order yesterday. However, JCC’s fight against Daniel Jacobs is still in jeopardy as his attorney attempts to obtain a Temporary Restraining Order for the fight to occur in Phoenix on December 20th.
Chavez, Jr. filed the lawsuit seeking relief from the NAC’s ruling that his declining of a drug test amounted to a failure by the commission. Chavez, Jr. argues that he was not a licensed boxer under the jurisdiction of the commission. He had requested a hearing on his temporary injunction so that he could fight in Arizona. However, prior to the hearing, the Nevada Athletic Commission filed a “Notice of Removal” to Federal Court. The removal is an automatic move to federal court from state court based on a federal issue that was filed in the Complaint. That federal issue was the allegation of a violation of Chavez, Jr.’s due process rights.
The removal to federal court would have hampered a possible ruling for JCC prior to next Friday’s bout. But, on Wednesday, the parties came to an agreement to “remand” the case to Clark County. Essentially, keeping the case in state court. JCC agreed to eliminate his claim of a violation of due process in order to keep the case in state court.
Despite the agreement, Ross Goodman must file an emergency Temporary Restraining Order before next Friday’s fight in order to keep the event in Phoenix alive.
MMA Payout will keep you posted.
Payout Perspective:
Maybe a strategic move by the commission to file a Notice of Removal and then negotiate a cause of action to be dropped so that the case stays in state court. Even with the agreement at the hearing Wednesday, Goodman must still seek a TRO for an opportunity for JCC to get licensed and fight in Phoenix next Friday.
Leave a Reply