MEMORANDUM & ORDER Plaintiff David Crespo and several co-Plaintiffs filed this putative class action against Defendants, who are employees or former employees of either MDC Brooklyn or the Bureau of Prisons. The operative complaint alleged that, during their incarceration at MDC Brooklyn, class members were subject to deficient medical care, inhumane housing conditions, lack of fresh air and sunlight, and deficient food services, in violation of their Eighth Amendment rights. The operative complaint seeks relief for two potential classes: a damages class, for which the named plaintiffs include Crespo and co-Plaintiffs, and an injunctive relief class, for which the only named plaintiff is Crespo. While settlement discussions and discovery were ongoing, Crespo passed away. At the time, no motion for class certification had yet been filed. Before me now are two motions: (1) a motion to substitute Martha Crespo as a named plaintiff of the damages class; and (2) a motion to intervene on behalf of the proposed injunctive relief class, proposing two intervenors. For the reasons set forth below, the motion to substitute Martha Crespo as a named plaintiff of the damages class is GRANTED. The injunctive relief claim is DISMISSED as moot, and the motion to intervene on behalf of the proposed injunctive relief class is DENIED as moot. I. BACKGROUND The factual and procedural histories of this case are set forth in detail in then — hief Judge Mauskopf’s, Chief Judge Brodie’s, and Magistrate Judge Kuo’s previous orders. See Crespo v. Hurwitz, No. 17-cv-6329, 2020 WL 7021658 (E.D.N.Y. Nov. 30, 2020), adopting report and recommendation, 2020 WL 7249591 (E.D.N.Y. May 17, 2020); Crespo v. Carvajal, No. 17-CV-6329, 2021 WL 4237002 (E.D.N.Y. Sept. 14, 2021). Nevertheless, I summarize the relevant aspects of the case below. Plaintiff David Crespo and co-Plaintiffs Anthony Podias, Pedro Espada, Jr., Rolfi Espinal, Kesnel Juste, and Anthony Joseph filed an Amended Complaint on July 6, 2018. See ECF No. 34. At the time of the Amended Complaint, Plaintiffs were or had been minimum-security male prisoners, known as “Cadre,” at MDC Brooklyn. Am. Compl.
1, 10-15. Defendants Michael Carvajal, Hugh Hurwitz, Herbito Tellez, Herman Quay III, Kimberly Ask-Carlson, Gerard Travers, Wayne Decker, and Mary Lou Comer are employees or former employees of either MDC Brooklyn or the Bureau of Prisons. Id.
