Judge McMahon: Late Documents Can Extend Schedule or Preclude Evidence, But Not Both

A litigant complained to Judge McMahon that it received documents from another party long past the discovery cut-off, and sought (1) an extension of the summary judgment schedule and (2) sanctions, including preclusion, for the late production.  In a letter endorsement Tuesday, Judge McMahon ruled that the complaining party could seek one remedy or the other, but not both:

If you want to make a sanctions motion, make a motion.  I do not accept letter motions.  I am always amenable to preclusion.  If you want an extension so you can deal with the new documents, then they will obviously not be precluded.  Which do you want?