Case 1:08-cv-11405-NMG Document 64 Filed 09/08/10 Page 1 of 26

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
______________________________
Yong Li, )
Plaintiff, )
v. ) CIVIL ACTION NO. 08-11405
)
Dr. Julia M. Reade, )
Defendants. )

PLAITIFF’S MEMORADUM I SUPPORT OF OPPOSITIO TO

DEFEDAT’S MOTIO FOR SUMMARY JUDGMET

…
VII. The Plaintiff Will Be Able To Sustain Her Burden of Proof Regarding Her
Claim of Defamation by the Defendant
…

A. False statements

The plaintiff has identified at least five (5) substantiated assertions in Dr. Reade’s report of
October 26, 2004, that the Plaintiff can refute that a jury could find were false statement of fact:

1. “During this time, the employee recalled suffering from homesickness, anxiety
symptoms, and severe sleep disruption. Reportedly at the suggestion of her physician,
she began taking Ibuprofen to ‘make me calm down’” …(See Li Aff. Ex. E, 2:5)”

Fact: Li cut her finger while was peeling an apple in Hampton VA in 2003. She
went to emergent department and had three stitches. A physician let her take
Advil (Ibuprofen). Dr. Reade was aware of the finger cut and stitches.

2. “According to the records and Ms. Li, she has done a mostly good job performing the
technical aspects of her job, but has a history of interpersonal conflict…” (See Li Aff.
Ex. E, 1:4, 2:1)

Fact: Li’s had solid performance review for all of seven years of work at
Raytheon. Dr. Reade did not tell that her conclusion came from Raytheon’s
internal investigation report which was kept from Li for years. Dr. Reade’s
statement misled people that Li’s performance review stated that Li had “a history
of interpersonal problems.”

3. “Most recently, Ms. Li grew alarmed that she might be included in a layoff, and began
sending incendiary emails to coworkers about how she had been treated during her
 tenure at Raytheon, and intimating that her life was being threatened.” (See Li Aff.
Ex. E, 2:3)

Fact: Ms. Li found a long term assignment by herself. She then realized that there
was no layoff plan at all, and that was the reason she sent emails to HR and
coworkers for speaking out.

4. “Ms. Li complained that these symptoms persisted for the 10 months of her assignment
and remitted only several months after she had returned home. Ms. Li also stayed out
of work for three weeks during this period for unclear reasons.” (See Li Aff. Ex. E,
2:5, 3:1)

Fact: Li never took medical leave before 2004. The “stayed out of work for three
weeks” is impossible. Only time would have been during annual shutdown by
Raytheon during Christmas holidays.

5. “Ms. Li repeatedly returned to the subject of a ‘conspiracy’ at work. Specifically, she

believes that Jen Lewis, a former supervisor, is plotting against her and could have
her murdered or fired.” (See Li Aff. Ex. E, 3:2)

Fact: The only “conspiracy” Li referred was that her two managers
withheld assignments from her and told her there were no jobs for her
to do in order to push her to leave Raytheon to pick up a job in Towson
Maryland.”
…
COCLUSIO

For the foregoing reasons and based upon the foregoing authorities, the Plaintiff, Yong Li,

respectfully requests that this Honorable Court deny the Defendant, Dr. Julia M. Reade, Motion

for Summary Judgment on all counts.

Respectfully submitted

Yong Li,
By her attorney,
/s/ Mark L. Nestor
MARK L. NESTOR, Esq.
BBO #369440
45 Middle Street, Suite 1
P.O. Box 5357, Gloucester, MA 01930
Tel: 978.283.7117, Fax: 978.283.5118
E-Mail: nestorlaw@aol.com
Dated: September 8, 2010