Court sets briefing schedule for Harper-Otsuka challenge to NCUA

The U.S. Court of Appeals for the D.C. District set an expedited briefing schedule in dismissed NCUA board members Todd Harper and Tanya Otsuka’s legal challenge for reinstatement. The updated schedule could lead to a ruling by the end of the year.

Harper and Otsuka were dismissed in April and subsequently filed a lawsuit seeking reinstatement. They were briefly reinstated in July and attended a board meeting but were removed several days later when the appeals court granted an emergency administrative stay.

The administration’s next brief is due Sept. 12, with Harper and Otsuka’s reply brief to follow by Oct. 3, and the government’s reply due Oct. 17. The clerk of the court was directed to schedule the case for “the first appropriate date following the conclusion of the briefing,” with the parties to be informed of oral argument dates later.

The court also granted the administration’s emergency motion for stay pending appeal and dissolved the July 25 administrative stay removing them from the board. This action keeps both off the board until the litigation is resolved.