KENSINGTON, Md. — At least two board members of Lafayette Federal Credit Union, one sitting and one former, have not appeared for depositions in the credit union's lawsuit against a former CEO over breach of contract related to the CU's failed attempt to convert to a mutual bank.

According to a motion brought by the lawyers for William Brooks and his son, William Brooks Jr. the Brookses have sought to depose Thomas Harmon, a sitting member of the board and Norm Cohen, a former member. The Brookses contended in the pleading that although the depositions had been scheduled for some time, the CU belatedly refused to allow the depositions raising issues of confidentiality.

The Brookses have further alleged that the CU's lawsuit is nothing more than a Strategic Lawsuit Against Public Participation, or SLAPP suit, meant to punish the Brookses for opposing the conversion attempt and the CU is seeking to chill any future opposition by running up the costs of the litigation. The Brookses have asked the court to sanction the credit union for its behavior in the discovery process.

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