1. MSI and TLC will be accorded the normal 21-day period to respond to this before the Rule 9A summary judgment package is filed.

2. MSI and TLC attempt to suggest that Silverstein did not have two weeks of daily treatment in China, based on a quote from an e-mail in which Silverstein stated that "I got the same results in 3 days in China getting acupuncture." This is pure innuendo. That statement in no way denies that he in fact had undergone two weeks of treatment in China. Saying that one got some relief after the first few days of treatment does not constitute a statement that the treatement ceased at that point.

3. For example, they cite as an example of "accomodation" for Silverstein's condition, the provision of an "adaptive" keyboard to him--but Larry Mason, on whose affidavit they rely for this, admitted at page 38 of his deposition (attached) that this was before Silverstein had begun to complain of pain. They've been called on this before--see Silverstein's memo to Debra Gorgens before he was fired,which is also attached--but they persist in it. They coyly say they "abided by"--i.e., they did not prevent him from carrying out on his own--the recommendations of an ergonometric consultant, buth they admit, in response to paragraphs 18 and 19, that they tried to prevent that consultant from showing up.

In fact, the worse his condition became, the less willing they were to accomodate him. As Larry Mason's log (just quoted) memorialized, when MSI was presented with a note from a doctor calling for Silverstein to spread his work out over weekends, the response was to bar this by taking his keys away, explicitly to avoid being seen as permitting him to do what his doctor had recommended.

Of course, the most basic accomodation he needed--to take time off for treatment--resulted in his being fired.

4. MSI and TLC do correctly observe that Silverstein's Statement miscited his support for paragraphs 12 and 13 (increased scrutiny and harassment). Materials that support those paragraphs--passages from the depositions conducted this summer, and from their own documentary production--are attached hereto. That Mason was keeping the log is itself such evidence of increased scrutiny. Silverstein knew that Mason was following him around, but he never dreamed that Mason was keeping notes on his use of the internet from home-- which Mason explicitly said was due to Silverstein's requests for accomodation (his deposition, pages 107-110).

In her deposition, Debra Gorgens, Vice President and Human Resources Director of MSI, admitted that MSI knew that the trip to China was two days each way, that MSI had decided, before Silverstein left, that if he did go to China he would be fired for being absent for more than three days, took his keys away in preparation to fire him (at pages 101 and 110-113)

In that context, MSI's waiting until Silverstein was the full two days away to order him, at 5:30 pm on Thursday night (Boston time), to be back at work the next day, was both a deliberate setup for firing him and gratuitious harassment.

5. See Reed Lewis deposition, at pages 6 and 7.

6. For local examples, see:

• The Provident Institution for Savings in the Town of Boston (name

dropped after acquisition by Shawmut Bank)

• Shawmut Bank (name dropped after acquisition by Fleet Bank),

• Great Woods (now the Tweeter Center);

• the Boston Garden (now the Fleet Center);

• Jordan Marsh (now Macy's)