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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

other than delay. The same is true of Mr. Leland’s contention that he was not adequately kept informed by his attorney as the case progressed, that Mr. Largay failed to undertake requested actions, and that he relied too heavily on the prospect of a dramatic change in the legal landscape following Blakely up to Booker. But, there is no factual specificity to any of these arguments. Mr. Leland nowhere suggests what an evidentiary hearing would reveal to justify the relief he has requested. If the § 2255 petitioner wishes an evidentiary hearing, he must at a minimum present a plausible basis to conclude that the evidence would lead to a different result. Here, Mr. Leland has asserted no factual basis for such a conclusion. Cf. Owens v. United States, 483 F.3d 48, 61 (1st Cir.2007) (<HOLDING>). The Court concurs with the Magistrate Judge’s 
 Holding statements: (A) holding that district court was not required to hold an evidentiary hearing based on  2255 petitioners mere eonclusory allegations in his affidavit (B) holding that the district court abused its discretion in refusing to hold an evidentiary hearing because the petitioners allegations were not implausible and a final determination of the merits of petitioners claim would be best served by greater development of the facts many of which the government disputes (C) holding that review under  2254d1 is limited to the record before the state court that adjudicated the claim on the merits rejecting the petitioners claim that the federal habeas court could consider evidence introduced in an evidentiary hearing (D) holding that the state courts rejection of the petitioners ineffective assistance of counsel claim was an unreasonable determination of the facts in light of the evidence before the state court (E) holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners claim
(B)

and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure
(E)

medicine] undeniably eliminates whatever may have remained of a plan sponsor’s option to minimize scrutiny of benefit denials, this effect of eliminating an insurer’s autonomy to guarantee terms congenial to its own interests is the stuff of garden variety insurance regulation through the imposition of standard policy terms.... It is therefore hard to imagine a reservation of state power to regulate insurance that would not be meant to cover restrictions of the insurer’s advantage in this kind of way.... To the extent that benefit litigation in some federal courts may have to account for the effects of [the statute], it would be an exaggeration to hold that the objectives of [ERISA’s Savings Clause] are undermined. 536 U.S. at 387, e Insurers v. Ross, 558 F.3d 600, 605 (6th Cir.2009) (<HOLDING>). Further, insurance regulation is not 
 Holding statements: (A) recognizing privilege under federal rules (B) holding that pro se litigants must follow the kentucky rules of civil procedure (C) holding that certain rules meet the first prong of the kentucky association test because those rules regulate insurers with respect to their insurance practices (D) holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference (E) holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery

(C)