Court updates briefing schedule for former NCUA board members’ lawsuit

The briefing schedule for former NCUA board member Todd Harper and Tanya Otsuka’s lawsuit against the NCUA and administration was modified due to a joint motion filed by both parties this week. Harper and Otsuka were dismissed by President Donald Trump April 16, and filed a lawsuit April 28 seeking to be reinstated and nullify any agency actions taken with a single board member.

The defendants must file their opposition and any cross-motion by May 9, with plaintiffs filing a reply and opposition to any cross-motion by May 19, followed by the defendants filing their reply in support of any cross-motion by May 23.  

Both parties proposed the court hold oral arguments on the parties’ motions during the last week of May. The court has not scheduled oral argument yet.

The NCUA is scheduled to hold an open board meeting on May 22 with two briefings on the agenda, but according to this joint motion the agency confirmed no vote will occur at the meeting. The remaining meetings for 2025 are currently labeled as “tentative.”

America’s Credit Unions supports an independent NCUA run by a full, three-person board and is closely monitoring the proceedings. An FAQ document is available online, with ongoing updates.