DISTRICT COURT C:lVlL COVER SHEET A-16-746906-J Clark.
Pl :lint ill!~} j llallie oodrcsslphone I:
Conor McGregor
200 Hoover Avenue Suite 1113
Las Vegas, NV 89101
At 1001<.; t uamei address!pbone 1:
Jennifer Mulligan Goldstein
200 Hoover Avenue Suite 1113
Las Vegas. NV 89101
(415) 517-6464
XXIX
Defendant( s) ( rt.mte/addre:..."/ph(n1e1:
Robert Bemett, t:xecutive Director
lo, Ille Aillell!; CurnmmSJOfl al .ihe Deparlme,rl\ of Bu,mi,• ill'l'O wioost,y.
State of Nevada, and the Nevada State Athletic Commiswn • •
555 E WashinglUl Ave# 3200 U1s Vegas, NV 89101 {702) 486-2575
Allomey ti1a111ciaddres.siplrot1e}:
Attorney General Paul Adam Laxatt
555 E Washington Ave# 3900 Las Vegas, NV 89101
(702) 486-4000
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Electronically Filed 11/18/2016 10:31:55AM
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1 PET ~j.~, • ._, 1 JENNIFER MULLIGAN GOLDSTEIN, ESQ. (SBN 12583)
200 Hoover A venue Suite 1113 Las Vegas, NV 89101
CLERK OF THE COURT
4 Telephone: 415.517.6464 Facsimile: 866.303.3067
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Attorney for Petitioner CONOR McGREGOR
DISTRICT COURT
CLARK COUNTY, NEV ADA
CONOR MCGREGOR
Petitioner
V.
ROBERT BENNETT, Executive Director for the Athletic Commission of the Department of Business and Industry, State of Nevada, and the NEVADA STATE ATHLETIC COMMISSION
Respondents
) Petition Filed: November 18. 2016 ) ) ) ) ) )
PETITION FOR ruDICIAL REVIEW
A-16-746906-J XXIX
20 PETITION FOR JUDICIAL REVIEW
21 NOW COMES Petitioner CONOR McGREGOR, by and through his attorney, and hereby
22 petitions this Court for judicial review of the Findings of Fact, Conclusions of Law, and Order
23 dated October 19, 2016 (the "Order") issued by the Nevada State Athletic Commission (the
24 "Commission"), a copy of ,vhich is attached hereto as Exhibit 1.
25 This Petition for Judicial Review is filed pursuant to NRS 233B.130, which provides for
26 judicial review of contested cases in accordance with the provisions of thereof Petitioner, the
27 aggrieved party of record in an administrative proceeding conducted by the NSAC, alleges that
28 -1-PETITIONER CONOR MCGREGOR'S PETITION FOR JUDICIAL REVIEW
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the Order falls within the protective ambit ofNRS 233.B 135. The NRS affords Petitioner the
right to judicial review of a final decision of the NSAC in instances, as here, wherein
irregularities in procedure before the NSAC adversely affected the Petitioner, and because
substantial rights of the Petitioner were prejudiced because the Order violates constitutional or
statutory provisions; is in excess of the statutory authority of the agency, was made upon
unlawful procedure, was affected by other error of law, was clearly erroneous in view of the
reliable, probative and substantial evidence on the whole record or was arbitrary or capricious or
characterized by abuse of discretion. Petitioner respect[ ully requests that this Court set aside the ,
Order in its entirety as provided for in 233B.130 et.seq.
Dated: November 17, 2016
-2-PETITIONER CONOR MCGREGOR'S PETITION FOR JUDICIAL REVIEW
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NPRA Response - Magraken 004
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BEFORE THE NEVADA STATE ATHLETIC COMMISSION
STATE OF NEVADA
In the matter of:
CONOR MCGREGOR
* * * FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER
6 The Complaint for Disciplinary Action (the "Complaint") against Conor McGregor
7 ("McGregor"), having come on for hearing before the Nevada State Athletic Commission,
8 Department of Business and Industry, State of Nevada (the "Commission") on October 10,
9 2016, McGregor, having answered the Complaint and having appeared at the hearing
10 telephonically, with his counsel, Jennifer Goldstein, Esq. appearing in person, the State
11 of Nevada, by Adam Paul Laxalt, Attorney General of the State of Nevada, by and
12 through Jason H. Gunnell, Deputy Attorney General, and the Commission having
13 considered the matter and all relevant information, now therefore, the Commission
14 makes the following findings of fact, conclusions of law, and order:
15 FINDINGS OF FACT
16 1. At all times relevant to the Complaint, McGregor was licensed in Nevada as
1 7 a professional mixed martial artist by the Commission.
18 2. As a licensee of the Commission, l\lcGregor was subject to the provisions of
19 Chapter 467 of the Nevada Revised Statutes ("NRS"), and Chapter 467 of the Nevada
20 Administrative Code ("NAC").
21 3. On August 17, 2016, McGregor participated in a pre-fight press conference
22 (the "press conference") in Las Vegas, Nevada, to promote his Ultimate Fighting Champi-
23 onship ("UFC") 202 contest against Nathan Diaz ("Diaz").
24 4. During the press conference, McGregor threw one or more items towards Di-
25 az and Diaz's supporters, including water bottles and/or beverage cans;
26 5. .At the hearing before the Commission on this matter, McGregor admitted to
27 the above described actions; that his actions brought disrepute to unarmed combat; and
28 that he deserved to be punished for his actions.
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NPRA Response - Magraken 005
1 6. McGregor's actions at the press conference brought disrepute to unarmed
2 combat, and constituted unsportsmanlike conduct.
3 7. If any of the foregoing Findings of Fact are deemed Conclusions of Law, they
4 shall so be construed.
5 CONCLUSIONS OF LAW
6 8. Pursuant to Chapter 467 of the NRS, the Commission is vested with the sole
7 discretion, management, control and jurisdiction over contests, exhibitions and licensees
8 of unarmed combat, which includes mixed martial arts.
9 9. Pursuant to NA.C 467.922, the Executive Director of the Commission (the
10 "Executive Director") or a Commissioner may institute disciplinary proceedings described
11 in NRS 467.110 to Nl{S 467.117, inclusive, or NRS 467.157 or NRS 467.158 against a
12 person who is licensed pursuant to Chapter 467 or the NRS by filing a complaint with the
13 Commission.
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10. Nevada Administrative Code 467.885 governs grounds for disciplinary action
and provides, in pertinent part:
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A person who is licensed by the Commission may have his license suspended or revoked, or he may be fined or be subject to discipline by the Commission if he has:
2. Violated any provision of [Chapter 467 of the NRS]; 3. Provided false or misleading information to the Com
mission or a representative of the Commission;
5. Conducted himself at any time or place in a manner which is deemed by the Commission to reflect discredit to unarmed combat.
Nevada Revised Statute 467.158, which governs penalties in lieu of, or 1n
addition to, other disciplinary action, provides in pertinent part:
2. If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation of a license, and the disciplinary action relates to:
(a) The preparation for a contest or an exhibition of unarmed combat; or
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(b) The occurrence of a contest or an exhibition of unarmed combat; or
(c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat, the Commission may prescribe a penalty pursuant to subsection 3.
3. A penalty prescribed by the Commission pursuant to subsection 2:
(a) Must not exceed $250,000 or 100 percent of the share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater; and
(b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the Commission.
4. In addition to any other disciplinary action that is taken against a person by the commission pursuant to this chapter, the Commission may impose a ban from participation in unarmed combat in this State for a certain period, including a lifetime ban from participation in unarmed combat in this State.
5. The authority of the Commission to take disciplinary action against a person pursuant to this chapter must not be construed to be limited to those persons who are licensed by the Commission. Such authority extends to any person involved in or associated with unarmed combat in this State who violates any provision of this chapter.
6. If disciplinary action is taken against a person pursuant to this chapter, the commission may require the person against w horn such action is taken to pay the costs of the proceeding, including investigative costs and attorney's fees.
Nevada Revised Statute 467.110, which governs suspensions, revocations
and other disciplining of contestants, provides in relevant part:
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The Commission may suspend or revoke the license of, otherwise discipline, or take any combination of such actions against any contestant, promoter, ring official or other participant who, in the judgment of the Commission:
(e) ls guilty of an act or conduct that is detrimental to a contest or exhibition of unarmed combat, including, but not limited to, any foul or unsportsmanlike conduct in connection with a contest or exhibition of unarmed combat.
Because l\1cGregor's actions at the press conference brought disrepute to un-
25 armed combat, and constituted unsportsmanlike conduct in connection with CFC 202,
26 McGregor is subject to discipline by the Commission.
27 14. If any of the foregoing Conclusions of Law are deemed Findings of Fact, they
28 shall so be construed.
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ORDER
IT IS HEREBY ORDERED, by unanimous decision of the Commission, that:
15. McGregor shall pay a fine in the amount of $75,000 to the State of Nevada,
4 which shall become due upon the effective date of this Order;
5 lG. McGregor shall cause to be produced and published a public service an-
6 nouncement with a production value of a minimum of $75,000, in which he personally de-
7 livers an anti-bullying and/or anti-drug message;
8 17. McGregor shall perform 50 hours of community service with an emphasis on
9 an anti-bullying and/or anti-drug message; up to 10% of the required community service
10 hours may be spent on the preparation of the public service announcement described
11 above, with the balance to be spent with an organization or organizations to be approved
12 by either the Chairman of the Commission or the Executive l)irector;
13 18. McGregor has up to six months from the effective date of this Order to com-
14 plete and publish the public service announcement and perform the other community
15 service required herein; and
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19. McGregor shall pay attorney's fees to the State of Nevada, Office of the At-
torney General, totaling $4,288.12, based on 29.5 hours of \\'ork at $145.36 per hour,
which shall become due upon the effective date of this Order.
DATED this /.t day of ft,,/0/ltJt<-. , 2016.
NEVADA STATE ATHLETIC COMMISSION, DEPARTMENT OF BUSINESS AND INDUSTRY, STATE OF NEVADA
By:
CHAIRMAN
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CERTIFICATE OF SERVICE
I hereby certify that on the 19th day of October, 2016, I served the Findings of Fact,
Conclusions of Law, and Order by depositing a copy of the same in the United States mail, properly
addressed, postage prepaid, CERTIFIED and REGULAR MAIL addressed as fol1ows:
Jennifer Mulligan Goldstein 200 Hoover Ave., Suite 1113 Las Vegas, NV 89101 [email protected]
Certified Mail No. 7012 1010 0000 1 166 9621
Conor McGregor 17461 Derian Ave., Apartment #203 Irvine, CA 92614 [email protected]
Certified Mail No. 7012 1010 0000 1166 9638
An Employee of the Nevada State Athletic Com
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PROOF OF SERVICE
. I_ am a_ resident of t~e State of N~vada, over the age of eighteen years, and not a party to the wtthin action. My business address 1s 200 Hoover Avenue Suite 1113, Las Vegas, Nevada 89101. On the date below, I served the within documents:
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PETITION FOR JUDICIAL REVIEW
per agreement between the parties, by transmitting via electronic mail the document(s) listed above to the email address( es) set forth below on this date.
by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in United States mail in the State of Nevada at Las Vegas, addressed as set forth below.
8 D by personally delivering the document(s) listed above to the person(s) at the address( es) set forth below.
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Attorney General Adam Paul Laxalt 555 E Washington Ave# 3900 Las Vegas, NV 89101
Deputy Attorney General Jason Gunnell 555 E Washington Ave# 3900 Las Vegas, NV 89101
Robert Bennett Executive Director of the Nevada State Athletic Commission 555 E Washington Ave# 3200 Las Vegas, NV 89101
I am readily familiar \\rith the firm's practice of collection and processing correspondence 18 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. . 19
I declare under penalty of perjury under the laws of the State of Nevada that the above is 20 true and correct.
21 Executed on November 18, 2016 at Las Vegas, Nevada.
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