You don't understand. The problem is the letter itself, not even necessarily what it says. The letter should have been handed over as part of discovery. It wasn't. It only came to the judge through an independent case.
But I want to add a correction here. If I understand correctly, it didn't come to the judge through an independent case. It came to the judge because the judge referred the situation (Uber hiring Levandowski after Levandowski took documents from Waymo) to federal prosecutors. Those federal prosecutors got back to the judge with stuff that Uber should have turned over as part of discovery, but didn't. The judge is not amused.
And therefore, since Waymo just now finds out about this, they get more time to see if there's anything in this that affects their case. And Uber has nobody to blame but themselves for the delay.
