Court Denies Banker Discovery in Members 1st FOM Case

HARRISBURG, Pa. — The U.S. District Court for the Middle District of Pennsylvania denied a motion by the American Bankers Association and other plaintiffs in its lawsuit against NCUA regarding its approval of a community charter for Members 1st Federal Credit Union and subsequent others.

The plaintiffs had requested discovery because they alleged NCUA’s record was incomplete and biased on the community charter approval. However, the court held that it is the rare exception where discovery beyond the administrative record is permitted in an Administrative Procedures Act case. “Whether the NCUA’s investigation with respect to the community–charter application met with applicable standards is not presently at issue before the Court; rather, the narrow issue presented is whether the NCUA’s factfinding procedures are legally deficient such that a de novo review is available. On that narrow issue, the Court finds that the factfinding procedures employed by the NCUA were adequate to develop a record upon which judicial review can occur.”