In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: “good cause for delay.” United States v. Occhipinti, 851 F.Supp. at 526; United States v. El-Gabrowny, 844 F.Supp. 955, 959 (S.D.N.Y.1994). Next, a “sufficient” affidavit must satisfy the following requirements: (1) the facts must be material and stated with particularity; (2) the facts must be such that if true they would convince a reasonable man that a bias exists; and (3) the facts must show the bias is personal, and not judicial, in nature. McClelland v. Gronwaldt, 942 F.Supp. 297, 300 (E.D.Tex.1996) (citation omitted). To be found sufficient as a matter of law, the affidavit must show “ ‘a true personal bias and allege specific facts’ as opposed to mere conclusions and generalizations.” United States v. Occhipinti, 851 F.Supp. at 525; see United States v. Sykes, 7 F.3d at 1339 (<HOLDING>). This Circuit has observed that “judicial 
 Holding statements: (A) holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment (B) recognizing that an implied contract must result from a meeting of the minds of the parties in mutual assent to the terms and must be based upon a sufficient consideration free from fraud or undue influence not against public policy and sufficiently definite to be enforced (C) holding that course of dealing may render uncertain terms sufficiently definite (D) holding that the facts averred must be sufficiently definite and particular to convince a reasonable person that bias exists simple conclusions opinions or rumors are insufficient (E) holding that unsupported affidavits setting forth ultimate or conclusory facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment
[A]: holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment


[Q]: supervising, or otherwise controlling the agent” in addition to any vicarious liability that may be imposed via the agent’s actions. We hold that plaintiffs under the ICRA may proceed against the employer on either a direct negligence or vicarious liability theory for supervisor harassment in a hostile-work-environment case. The Faragher-Ellerth affirmative defense, with the burden of proof on the employer, applies only to claims of vicarious liability. Ellerth, 524 U.S. at 764, 118 S.Ct. at 2270 (adopting affirmative defense “in order to accommodate the agency principle of vicarious liability for harm caused by misuse of supervisory authority” (emphasis added)); accord Faragher, 524 U.S. at 807, 118 S.Ct. at 2292; see also Johnson v. Shinseki, 811 F.Supp.2d 336, 348 n.2 (D.D.C. 2011) (<HOLDING>); Swinton v. Potomac Corp., 270 F.3d 794, 803 
 Holding statements: (A) holding that the victims negligence is not a defense to criminal conduct (B) holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied (C) holding because the court applied the negligence standard the faragher defense is inapplicable (D) holding that equitable defense of laches is inapplicable to claims of fraud (E) holding that even though the court does not usually apply the clearly erroneous standard to mixed questions of fact and law this standard is properly applied to the materiality issue
[A]: holding that the victims negligence is not a defense to criminal conduct


[Q]: therefore, the district court abused its discretion in denying his motion for a continuance to submit a written brief regarding the departure issue. We disagree. Beatty received sufficient notice about the departure issue. The presentence investigation report (PSR) included a section entitled “Factors That May Warrant Departure,” which listed the specific factors that could justify an upward departure under U.S.S.G. § 2F1.1 and specifically informed Beatty that “upward departure might be warranted.” (See PSR at 16-17.) We conclude that the PSR provided sufficient information to Beatty about the possibility that the district court might depart upward. See United States v. Andrews, 948 F.2d 448, 449 (8th Cir.1991) (citing Burns v. United States, — U.S.—,—, 111 1017-18 (8th Cir.1990) (<HOLDING>). The district court, however, did not actually 
 Holding statements: (A) recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense (B) holding government did not breach plea agreement where government provided information to probation department that would support higher base offense level and aggravated role but encouraged court not to consider such information and to calculate base offense level consistent with plea agreement (C) holding that a reduction for minor role in an offense cannot be awarded when the larger offense was not taken into account in setting the base level (D) holding that defendants concealment of crime does not warrant adjustment for obstruction of justice because commission provided for concealment in base offense level (E) holding that arithmetical error that resulted in an increase to a defendants base offense level pursuant to the sentencing guidelines affected his substantial rights even though the resulting sentence was within the range for the correct offense level
[A]:
recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense