United States of America v. 1.41 Acres of Land et al

Filing 163

NOTICE RE PROVISION VACATING PRIOR ORDER. Signed by Judge Alsup on 10/21/15. (whalc1, COURT STAFF) (Filed on 10/21/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,

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For the Northern District of California

United States District Court

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No. C 14-01781 WHA

Plaintiff,
v.

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1.41 ACRES OF LAND, more or less,
situated in the City of Alameda, Alameda
County, State of California, and THE
STATE OF CALIFORNIA, acting by and
through its Department of Parks and
Recreation, and the EAST BAY
REGIONAL PARK DISTRICT,

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Defendants.

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NOTICE RE PROVISION
VACATING PRIOR ORDER

The parties’ stipulated final judgment as to just compensation and order of distribution

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included a provision that read, “The parties further stipulate and request that the Court vacate its

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Order Denying Motion for Summary Judgment of the United States (ECF No. 113).” This

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district judge has consistently refused to erase rulings from the public records as part of a

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settlement. Once issued, an order and judgment of a United States District Court belong to the

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public and are in the public domain. They are not subject to being erased by settlement (except

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in cases where the public interest so justifies). To allow otherwise would allow all manner of

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collusion and manipulation of the public records of our federal district court, especially by those

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with enough money to buy collusion. Accordingly, that provision was not included in the order

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on the parties’ stipulation.

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Dated: October 21, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE