In Textron Financial Corp. v. Eddy's Trailer Sales, Inc., et. al., 2009 U.S. Dist. LEXIS 60065 (E.D.N.Y. July 10, 2009), U.S. Magistrate Judge A. Kathleen Tomlinson granted plaintiff's motion to compel the production of relevant electronically stored information ("ESI"), but capped the cost at $10,000.

This case has had a rather large number of discovery motions filed by both parties. So much so that the judge prohibited either side from filing further motions without the court's prior authorization.  Plaintiff sought an order to compel production of electronic information.  Defendants objected, without evidentiary support, to the cost and burden associated with the production. The court granted the motion and ordered defendants' production of ESI, subject to a $10,000 cap on ESI-related expenses.  The court ordered plaintiff to pay any amount over the cap.