on, - wordpress.com · conor mcgregor district court clark county, nev ada conor mcgregor...

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

II. Nature of Contro,·ersv fplH.u.' IWkct iM on, •O!il llfPlie•bk ,Jilinr 9r 1,,1-,

Rea1Prupfft)

Landlord<T en ant

Ocnlawfui Dctai11Cf

00ther Landlotd!Teuant

Tit1r to Proprrf}'

01ttJitul fur .. x-k.surc

O<)tht-r Title 10 Property

Otller Real Propwty

Ocondemnation!Eminent Drnnain

O()tber Real Plopert)'

Pl'Natt' Pf9bllte <""'-<""" tJf># ,...,1-•·Jw;

Qsummary ,\drmnt,;tra1ion

Or.icnera:l Administration

0Sfie1.ial Administration

Os:et Aside

QTru.,t:Con.~er.·a1utsb1p

On1her Pr.ibate

Emte Value

Oat1 Sl00,000

Qncrween SI00.000 and S200,000

Dender SlOOJJOO ti' lJnluktWn

Ot:nJer S2,500

O\il \\'rit

0\\1rit ofilahe&!i Cotpu,

0\\'rit (If Mandamus

Qwnt ofQuo \Varn.mt

November 18, 2016 Date

'\.:,.~ la~ "~)( ~ k~ '*' S,l....te-,f•,\'_:s- ~ .\tit ~ltJ~-..a:iJ,l?:.

N(,~QC('

0Anto

0Prermses Liabilit;,

Oother Negligence

1\<hlprac:ritt

0 r,.tedica 1 Den ta I

0Lesa1 01\coounting

00the1 Malpra<.'tice

Co,utrudioa Dt'fecf & Co,ura<t Coastnarooa Dff«t

Oc1iat~r40 Oother ConcStroctiun lJt<led

Coatratt Catt

Ounifoo11 C01nmercial ('ode

QBuild11111 and C011J,troc1ion

Oin,urnm."CCurrier

Ocmmtk'f<.i.tl Ins tru 1ne nt

Ocolk.-ctiou of A, .. ·ounu

0Empl,l)'tncnt Contract

Oother Col\ll'OCt

0 \\'rit of Pnlhihition

00th.et Ch il \\'rit

Torts

Olhrr T orb

O&ldud L,abi.tit}·

0 lntemiotta! Mi.,icondu1.,

0Etupl~·1~"ltt Too

0 ln.urant'e T ,rt

OothcrTt}rl

JudldaJ Re~itw/AppeaJ

Judh:ial Rf!'tiell'

Ot=tireck>Suh! l\'1eilialio11 Case

0 Pc lit iun to Seal Ret'OI'&

0Mimta.1 Caupctem:y

/!wtadll State Agency Appnl

00cpartmen1 ur Mota Veb,.:'kl

D W orkt."t·' ~ ( 'orrirensati(»t

[!]other Nc.."\•,lda State Agcricy

Appt"al Other

0 Appeal from lower Ctlurt

O<Jther Judiciul Rail!'Ai,\ppcal

Of.her O\il Filing

<>th« Cbil Flllllg. Ocompromt.sc of Minor's Claun

0Forcign Judgment

O<l!.lv..'T Civil Matt<:rs ,.,,,,,-

Sil,l1laturc If inl,ating.part)' or t'epl'es(!tttative

S« adt#r !litlefarf-~Nd t:-JlliRJl'f. \....

NPRA Response - Magraken 001

'

, ' '-) ~

~ ~

EE • ..J

0

CT

"' w

Electronically Filed 11/18/2016 10:31:55AM

..

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

5

6

7

8

9

10

1 1

11

17

18

19

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


rr fl)

w

1

2

3

4

5

6

7

8

9

10

•• l l

-S 12 °' 00

16

17

18

19

20

21

22

23

24

25

26

27

28

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


1

2

3

4

5

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.

Page 1 of 4


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.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

10. Nevada Administrative Code 467.885 governs grounds for disciplinary action

and provides, in pertinent part:

11.

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

Page 2 of 4


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

12.

(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:

13.

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.

Page 3 of 4


1

2

3

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

16

17

18

19

20

21

2~

23

24

25

27

28

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

Page 4 of 4


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


rr "' w

1

2

3

4

5

6

7

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:

D

@

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.

9

10

•• l l

17

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.

22

23

~4 L

25

26

27

28 -3-PETITIONER CONOR MCGREGOR'S PETITION FOR JUDICIAL REVIEW


on, - wordpress.com · conor mcgregor district court clark county, nev ada conor mcgregor...

Documents