Demirtas v. 846 Gas Corp. et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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HALIL DEMIRTAS,
Plaintiff,
-against-
846 GAS CORP. and SHMUEL YAKOBOWICZ,
a/k/a SAMUEL YAKOBOWICZ, a/k/a SAMUEL
JACOBY,
Defendants.
ORDER
24-CV-4960(NRM)(SIL)
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STEVEN I. LOCKE, United States Magistrate Judge:
On June 6, 2025, the Honorable Nina R. Morrisson adopted this Court’s
unopposed Report and Recommendation that a default judgment in the amount of
$24,993.49 be entered against Defendants 846 Gas Corp. and Shmuel Yakobowicz
(together, 	“Defendants”). 	The 	Clerk 	of 	the 	Court 	entered 	judgment 	against
Defendants on June 9, 2025 (the “Judgment”). 	See Docket Entry (“DE”) [16]. 	On
September 2, 2025, Plaintiff Halil Demirtas (“Demirtas” or “Plaintiff”) filed the
instant unopposed motion seeking discovery to assist in enforcing the Judgment, DE
[17], which Defendants oppose. 	DE [18]. 	Plaintiff seeks, inter alia, “information
related to Defendants’ assets to aid in the enforcement of the Court’s Judgment.” Id.
In 	a 	January 	20, 	2026 	Notice 	of 	Partial 	Satisfaction 	of 	Judgment, 	Plaintiff
represented 	that 	Defendants 	have 	paid 	$9,094.99 	of 	the 	Judgment, 	leaving
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$19,647.51 	unpaid.1 	DE 	[19]. 	As 	the 	remainder 	of 	the 	Judgment 	remains
outstanding, Plaintiff’s motion for discovery is granted.
Rule 69 of the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) provides that,
“[i]n the aid of the judgment or execution, [a] judgment creditor . . . may obtain
discovery from any person—including the judgment debtor—as provided in these
rules or by the procedure of the state where the court is located.” 	Fed. R. Civ. P.
69(a)(2). To this end, Fed. R. Civ. P. 69 “permits ‘wide latitude in using the discovery
devices provided by the Federal Rules in post-judgment proceedings.’” 	Libaire v.
Kaplan, 760 F. Supp. 2d 288, 293 (E.D.N.Y. 2011) (quoting Gibbons v. Smith, No. 01
Civ. 1224(LAP), 2010 WL 582354, at *3 (S.D.N.Y. Feb. 11, 2010)); see Banco Central
De Paraguay v. Paraguay Humanitarian Found., Inc., No. 01 Civ. 9649(JFK), 2006
WL 3456521, at *8 (S.D.N.Y. Nov. 30, 2006) (“Under Rule 69(a), a judgment creditor
is entitled to a wide range of discovery concerning the assets and liabilities of a
judgment debtor.”).
Plaintiff seeks proportionate discovery to assist in enforcement of the default
judgment entered against Defendants. 	DE [17]. 	Accordingly, to the extent any
portion of the Judgment remains outstanding as of the date of this Order, Plaintiff’s
motion is granted. Libaire, 760 F. Supp. 2d at 293; Banco Central De Paraguay, 2006
WL 3456521, at *8. The parties are instructed to file a further status report regarding
the satisfaction of judgment or the need for further discovery by March 3, 2026.
1 Although the total amount Plaintiff cites comes to $28,742.50, and not $24,993.49, this amount
appears to account for the 15% penalty for untimely payments identified in the Judgment. DE [16].
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Dated: Central Islip, New York
February 3, 2026
SO ORDERED.
s/ Steven I. Locke
STEVEN I. LOCKE
United States Magistrate Judge
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