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?