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Kean v. NASA, 1:03-cv-02509

U.S. District Court for the District of Columbia (govinfo) · 21 pages · text from the file's own layer

This memorandum opinion by U.S. District Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia, dated March 27, 2007, rules in Leslie Kean's FOIA suit against NASA over records about the object said to have crashed in Kecksburg, Pennsylvania on December 9, 1965. The court found NASA had not shown its searches were adequate and noted likely overlooked Cosmos 96 records. It upheld NASA's withholding of two emails under Exemption 5 and ordered the parties to propose new search procedures.

1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
LESLIE KEAN, )
)
Plaintiff, )
) Civil Action No. 03-2509 (EGS)
v. )
)
NATIONAL AERONAUTICS AND )
SPACE ADMINISTRATION, )
)
Defendant. )
)
MEMORANDUM OPINION
Plaintiff Leslie Kean brings this suit against the National
Aeronautics and Space Administration (“NASA”) pursuant to the
Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Plaintiff
seeks the production of documents responsive to a January 31,
2003 request for documents related to an incident in Kecksburg,
Pennsylvania, on December 9, 1965. Plaintiff contends, and
indeed NASA admits, that NASA’s first two searches for responsive
documents were inadequate. Nevertheless, NASA maintains that its
third search, undertaken on December 2, 2003, and now its fourth
search, undertaken in July 2006, were exhaustive and satisfied
NASA’s burden under FOIA. Pending before the Court are
defendant’s renewed motion for summary judgment and plaintiff’s
cross-motion for summary judgment. Upon consideration of the
motions, the responses and replies thereto, the arguments made at
Case 1:03-cv-02509-EGS Document 45 Filed 03/27/07 Page 1 of 21

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Document, cited by the archive. The PDF is mirrored here; the original link is above. 21 pages are in the text index: search them above, or from the library's search.