The court extended the deadline for further written arguments between the organizers and volunteers of the at least partially liquidated Kappa Alpha Psi Federal Credit Union and the NCUA.

The government lawyer representing NCUA was expected to have produced a brief further arguing why the agency acted properly when issued a liquidation order against the small predominantly African American credit union and defending its procedures it used in doing so. The agency issued the liquidation order against the CU on Aug. 3 and returned account balances to members on Aug. 13.

Fred Haynes, the Justice Department counsel representing the agency asked for and received a three day extension because of work he had to do in another case. "Undersigned counsel (Fred E. Haynes) has been unable to complete defendant's renewed response to the show cause order in time for filing today (August 30) due to a number of other litigation commitments, which included the filing of a motion for summary judgment in another case last Thursday (August 26) that took longer than anticipated to finalize. The additional time is, therefore, needed," the filing read.

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