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Judge Rules for Credit Unions on Most Procedural Issues in Chartering Manual Case

March 16, 2000

Contact:
Mark Wolff
202-682-4200

Washington, D.C. – U.S. District Court Judge Colleen Kollar-Kotelly today issued a number of procedural rulings in the case that will decide whether more American workers and their families are eligible for credit union membership. The rulings denied the plaintiff banks motions for discovery on previously invalidated claims, as well as further oral arguments on those claims.

"These rulings, while they do not finally resolve the most basic issues in the case, do settle most of the remaining procedural issues and clear the way for a final judgment," explained CUNA General Counsel Eric Richard. "We’re gratified that the judge in nearly every instance ruled the way we urged her to in these matters. This is a positive sign for her inclinations in this case."

The rulings stem from a case originally filed by banking interests to block implementation of the Credit Union Membership Access Act of 1998. Judge Kollar-Kotelly ruled against banks’ request for a preliminary injunction to stop new membership approvals in March 1999. The banking plaintiffs countered with an amended complaint and discovery requests in June 1999.

The rulings issued by the court further:

  • allow the plaintiffs to file an amended complaint. (This is a standard procedure in civil litigation.)
  • allow the community chartered credit unions named in the case to intervene. The original suit was brought exclusively against the National Credit Union Administration.
  • allow the remaining merged credit union named in the case to intervene.
  • deny the motion by America’s Community Bankers to file a "friend-of-the-court" brief and join the case. (This effectively shuts them out of further proceedings.)

"We’re particularly pleased the judge refused to accept the banker’s absurdly broad request for discovery in this case," Richard said. "And even if they are granted further discovery rights in the future, we will continue to argue that they seek volumes of information beyond the bounds of common sense."

The bankers filed some additional materials with the court regarding discovery today as well. It is not known if the judge did or did not take this filing into consideration when she issued her ruling.


With its network of affiliated state credit union leagues, Credit Union National Association serves more than 90% of America’s 11,000 credit unions, which are owned by more than 78 million consumer members. Credit unions are not-for-profit cooperatives providing affordable financial services to people from all walks of life. For more information, visit www.cuna.org.


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