As expected, WP filed it’s sur-reply memorandum right after being granted leave to file.  Shortly afterward, Wolfeboro filed a motion to supplement the amended complaint to supplement the complaint with some emails that they say were recently produced by the modeler.

The emails contain a dialogue between WP and the modeler in which they agree that the model will not support 800,000 gpd but will support 400,000gpd.  WP is asking the modeler to put together a documemtation package that supports the 600,000 gpd.

All that would seem to be damning for WP except that all of this dialogue is before a survey error is revealed where the survey data was low by more than 20 feet.  Subsequently, WP paid for the modeller to rerun the simulations after the corrected data was made available.

WP’s attorneys are also representing WPs modeler, who was served a subpoena for all communications concerning his Wolfeboro related work.  Wolfeboro is maintaining that the emails produced by the modeller do not include some disclosed by WP and visa-versa.   They now want more information about the technical aspects of both defendants electronic information storage and retrieval and method of producing relevant communications.

This latest round of finger pointing will probably drag this out quite a bit longer.  Until the motion to amend is decided.  Needless to say, WP did not assent to this motion so they will probably be filing an objection to it soon.