The U.S. District Court for the District of Columbia. Credit: Diego M. Radzinschi/ALM

The legal battle over the removal of former NCUA Board Members Todd Harper and Tanya Otsuka continues to unfold, with a new court filing updating the case’s timeline and confirming that no votes will occur at the NCUA Board’s May 22 scheduled meeting.

In a joint motion filed May 6, attorneys for Harper, Otsuka and the defendants, including NCUA Chairman Kyle Hauptman and Treasury Secretary Scott Bessent, agreed to extend filing deadlines and schedule potential oral arguments in late May. The case challenges President Donald Trump’s April 16 dismissal of the two Democratic board members, which left Hauptman as the agency’s sole board member.

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According to the updated timeline:

  • The government will file its opposition and a cross-motion for summary judgment by May 9.
  • Harper and Otsuka will reply by May 19.
  • The government’s final reply is due May 23.

Both parties have asked the U.S. District Court for the District of Columbia to schedule oral arguments the week of May 27, contingent on the court’s availability.

The motion noted that Harper and Otsuka are not seeking preliminary injunctive relief at this time but reserve the right to do so if the single-member board attempts actions at future meetings, including the tentatively scheduled June 17 session.

The lawsuit asserted that the President’s removal of two sitting, Senate-confirmed members without cause violates statutory protections and long-standing Supreme Court precedent on independent regulatory bodies like the NCUA.

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Editor-in-Chief at CU Times. To connect, email at [email protected]. As Editor-in-Chief of CU Times since 2016, Michael Ogden has led the editorial team in all aspects of content strategy and execution, including the creation of the publication’s exclusive and proprietary research database of the credit union industry’s economic landscape. Under Michael’s leadership, CU Times has successfully shifted to an all-digital editorial product with new focuses on the payments, fraud, lending and regulatory beats. Most recently, he introduced a data-focused editorial product for subscribers that breaks down credit union issues into hard data, allowing for a deeper and more factual narrative for readers. In 2024, he launched the "Shared Accounts With CU Times" podcast, which offers a fresh, inside-the-newsroom perspective through interviews with leaders from the credit union industry and the regulatory world. He dives into pressing credit union issues, while revealing the personalities working behind-the-scenes to push the credit union world forward. His background includes years as a radio and TV anchor/reporter and a public relations and digital/social media manager, where he covered the food and music industries, as well as cooperatives and credit unions. Over the years, he has launched numerous exclusive video and podcast series, including a successful series of interactive backstage interviews with musicians at music festivals, showcasing his social media and live streaming production skills.

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