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.

Ex Input:
and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant’s reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: “Tolling is available' only ‘when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.’” Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the 
 Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that  2244d is subject to equitable tolling if ae petitioner demonstrates  1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

Ex Output:
holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence


Ex Input:
See Ledley v. William Penn Life Ins. Co., 138 N.J. 627, 651 A.2d 92, 95 (1995). However, apart from any persuasive weight afforded the Ninth Circuit’s decision in C’Est Moi, NHIC proffers no case law specifically suggesting that common law doctrines such as uberrimae fidei and equitable fraud may not be modified or superseded by a contractual agreement between the insurer and the insured. On the contrary, as we have noted, a number of courts have embraced the ability of parties to contract around common law. See, e.g., King, 906 F.2d at 1540-41; Conn. Indem. Co., 390 F.Supp.2d at 166-67; Progressive N. Ins. Co., 314 F.Supp.2d at 829-30; see also, e.g., McBride v. Hartford Life & Accident Ins. Co., 2007 WL 5185293, at *18, 2007 U.S. Dist. LEXIS 16917, at **64-65 (E.D.Pa. Jan. 29, 2007) (<HOLDING>). 19 . NHIC points out that during a telephone 
 Holding statements: (A) holding an insurer has a right to rely on statements made in an insurance application (B) holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum (C) holding that insurance application clause modified federal common law governing misrepresentations because  once an insurer has entered into a policy by using an application form more favorable to the insured than the law provides it may not rely on a rule of law which is more stringent than the application form  quoting espinosa v guardian life ins 856 fsupp 711 717 dmass1994 (D) holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law (E) recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous

Ex Output:
holding an insurer has a right to rely on statements made in an insurance application


Ex Input:
in this regard, and it is certainly understandable that an employee, relying solely on the Zero-Tolerance Policy, might believe that she had preserved her rights so long as she notified her supervisor or manager about the harassment. However, the Zero-Tolerance Policy was not the sole information available to Johnson. On the page of the Workbook immediately preceding the Policy, there is a chart detailing the time limits for the various steps to be taken in filing an EEO complaint. Moreover, as the magistrate judge pointed out, there is no basis in law to suggest that an employee’s complaints to her supervisors satisfy the requirement that the aggrieved employee seek EEO counseling prior to filing a formal complaint or suing in court. Slip op. at 6-7. Cf. Leorna, 105 F.3d at 551 & n. 3 (<HOLDING>). Johnson also argues on appeal, as she did 
 Holding statements: (A) holding there is no statutory requirement that a taxpayer exhaust administrative remedies before filing a complaint in the tax court (B) holding that the plaintiffs waived any right to seek remand by filing a second amended complaint in federal court (C) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing (D) holding that filing of a verified complaint was similar to a policeman filing an arrest warrant and did not initiate judicial process (E) holding that administrative remedies must be exhausted prior to filing a claim in court

Ex Output:

holding there is no statutory requirement that a taxpayer exhaust administrative remedies before filing a complaint in the tax court