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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.
3 from the 1960s, and based on these factors concluded that the History Office should search for responsive documents. 1st Decl. of Kellie Robinson, Def.’s Mot. for Summ. J., Attach. 2, ¶ 3. Jane Odom, a NASA archivist in the History Office, searched that office’s database, locating only one item. Decl. of Jane Odom, Def.’s Mot. for Summ. J., Attach. 3. Odom reviewed the folder identified in the database, finding published accounts of Cosmos 96 but no internal NASA documents. According to Odom’s declaration, she then consulted with another archivist in the office who suggested she search the UFO files. That search, too, produced no documents responsive to plaintiff’s request. Thus, Odom sent a “no records” response to the FOIA Office, recommending that the request be sent to the Goddard Space Flight Center. However, for reasons that are not clear, the request was not sent to the Goddard Space Flight Center, and plaintiff was simply sent a “no records” response dated April 11, 2003. B. Second Search On May 9, 2003, plaintiff sent a letter appealing the “no records” response. Plaintiff’s letter also requested, for the first time, documents in six new categories, including information pertaining to the processing of her initial FOIA request, other FOIA requests, and policies on retention of documents pursuant to FOIA requests. With her letter, plaintiff submitted three NASA documents relevant to her initial document Case 1:03-cv-02509-EGS Document 45 Filed 03/27/07 Page 3 of 21
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