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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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