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

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D. Fourth Search
In 2006, based on plaintiff’s pleadings in this case, NASA
undertook a fourth search in an effort to cure any deficiencies
in the third search. In addition, NASA submitted additional
declarations describing the prior searches in greater detail. In
its fourth search, NASA reexamined the sixteen Record Center
boxes. This time, responsive documents were found and disclosed
to plaintiff. See Def.’s Notice, Mar. 12, 2007. NASA, however,
did not perform further searches at the various NASA Centers, and
did not submit declarations with more detail as to how the
various NASA Center searches were actually conducted.
II. Procedural History
Kean filed the instant suit in December 2003. Defendant
moved for summary judgment in May 2004, arguing that the
submitted declarations and exhibits demonstrated that its third
search for documents was adequate under FOIA, and that its
claimed exemptions were proper under FOIA. Plaintiff opposed the
motion, arguing primarily that the documentation of NASA’s third
search was inadequate to allow the Court to grant defendant
summary judgment. Plaintiff also argued that NASA’s admittedly
inadequate initial efforts and prior false statements demonstrate
that NASA acted in bad faith in responding to her FOIA request.
Finally, plaintiff challenged defendant’s withholding of two
Case 1:03-cv-02509-EGS Document 45 Filed 03/27/07 Page 9 of 21