UNITED STATES DISTRICT COURT
THE DISTRICT OF ARIZONA
CITIZENS AGAINST UFO SECRECY, INC.
DEPARTMENT OF DEFENSE
PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
1. Plaintiff does not dispute defendant's Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, with the strong exception of Paragraph 5. With the Court's indulgence, plaintiff will refrain from repeating paragraphs 1 through 5 of Defendant's Statement of Undisputed Facts.
2. Based on the results of searches undertaken in response to previous UFO requests, no office within OSD/OJCS maintains documents on UFOs, other than the packet maintained by the DFOISR, that consists of various UFO related documents, and an Air Force fact sheet. (McIntyre Declaration, 4.)
3. On September 21, 1998, the DARPA FOIA Officer sent an electronic mail message marked "importance High" to all DARPA employees. The same message was sent to all contract support personnel with access to DARPA's internal computer network. The message detailed the records sought by CAUS and directed personnel who had such records or had information concerning any past and present DARPA program which fits the description of the records sought to notify Ms. Patricia A. Rohrkemper, the DARPA FOIA Officer. (Dunn Declaration, 3.)
4. The above message was sent "registered" and all receipts were recorded in an electronic "folder." (Dunn Declaration, 4.)
5. On September 30, 1998, Ms. Rohrkemper executed SD form 472 indicating that no responsive records were found. (Exhibit E of Richard L. Dunn Declaration.)
6. Pursuant to plaintiff's request, a search was conducted within the Office of the Chairman of the Joint Chiefs of Staff and Joint Staff including records in the subject area of "intelligence and security." (McBride Declaration, 3.)
7. Access to the above-described records is afforded by a computerized document index. The computer index provides the capability of retrieving records by unique identifiers and keywords related to the subject area. (McBride Declaration, 3.)
8. The index was "queried" for records responsive to plaintiff's request and none were located. (McBride Declaration, 3.)
9. A search was conducted in the Defense and Space Operation Division, Operations Directorate (J-3) and no responsive records were located (McBride Declaration, 4.)
10. On December 28, 1998, Declassification Specialist Betty M. Goode executed SD form 472 indicating that no responsive records were found. (Exhibit F of McBride Declaration.)
11. The thirty-three affidavits submitted by plaintiff describe large triangular object(s) with distinguishable performance characteristics. (Chronological listing of affidavits with performance characteristics included as Exhibit A; Affidavits submitted collectively as Exhibit B)
RESPECTFULLY SUBMITTED this 14th day of September, 1999.
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