CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING AND HEARING DATE ON PLAINTIFFS' ANTICIPATED UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, AND SUBSTITUTING CERTAIN DEFENDANTS

RICHARD SEEBORG, District Judge.

Pursuant to Civil Local Rule 7-12, the parties, by and through their respective undersigned counsel of record, hereby stipulate and agree, subject to this Court's approval, as follows:

WHEREAS, on August 15, 2011, Plaintiffs Uelian De Abadia-Peixoto, Esmar Cifuentes,

Pedro Nolasco Jose and Mi Lian Wei ("Named Plaintiffs") filed their class action civil rights complaint for injunctive and declaratory relief against Defendants United States Department of Homeland Security ("DHS"); Janet Napolitano, Secretary of DHS; United States Immigration and Customs Enforcement ("ICE"); John T. Morton, Director of ICE; Timothy Aitken, Field Office Director of the San Francisco District of ICE; Eric H. Holder, Jr., United States Attorney General; the Executive Office for Immigration Review ("EOIR"), and Juan P. Osuna, Director of EOIR (collectively, "Defendants") (Dkt. No. 1);

WHEREAS, on December 23, 2011, after considering the parties' briefing, the Court denied Defendants' motion to dismiss and certified Plaintiffs' class consisting of all current and future adult immigration detainees who have or will have proceedings in immigration court in San Francisco, with Named Plaintiffs serving as class representatives (Dkt. No. 52);

WHEREAS, in July 2013, ICE Director John T. Morton resigned as Director of ICE, and in August 2013, John Sandweg became the Acting Director of ICE;

WHEREAS, on September 6, 2013, Rand Beers became the Acting Secretary of DHS, replacing Secretary Janet Napolitano;

WHEREAS, on November 6, 2013, the parties filed a joint stipulation and proposed order to continue their case management conference from November 14, 2013 to February 13, 2014, explaining that the parties were in the final stages of negotiating a potential resolution to this action and expected that a further settlement conference with Magistrate Judge Laurel Beeler would be held on November 18 or 20, 2013, if they were unable to reach agreement before that time (Dkt. No. 191);

WHEREAS, on November 7, 2013, the Court continued the parties' case management conference from November 14, 2013 to February 13, 2014 (Dkt. No. 192);

WHEREAS, the parties have subsequently engaged in settlement negotiations with the assistance of Magistrate Judge Beeler (Dkt. Nos. 193-200) and anticipate that they will imminently reach agreement as to the terms of settlement of this action, and Plaintiffs will be filing an unopposed Motion for Preliminary Approval of Class Action Settlement ("Motion");

IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, as follows:

PURSUANT TO STIPULATION, IT IS SO ORDERED.