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.

[Q]: with the same deficiency — the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions.”). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint — so long as it is minimally sufficient to put a defendant on notice of the claims against him — will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) (“Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case.”); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that “[pleading facts not 
 Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion  to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds
[A]: (D)


[Q]: 677 F.3d 519, 543 (3d Cir.2012). Under the specific circumstances presented in this case, Lewis did not have an objectively reasonable expectation of privacy in his telephone conversation with White. Lewis knew where White was incarcerated when White called Lewis, as he had agreed to send Shavers and White mail there. Furthermore, Lewis was previously incarcerated at the same prison. Thus, he would have received a handbook alerting him that all telephone calls were recorded and been exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded. In these circumstances, Lewis should have known that all outgoing prisoner telephone calls were monitored and recorded. See United States v. Sababu, 891 F.2d 1308, 1329 (7th Cir.1989) (<HOLDING>); United States v. Harrison, 986 F.Supp. 280, 
 Holding statements: (A) holding that prisoners have no reasonable expectation of privacy in their prison cells (B) holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company (C) holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls (D) holding that the defendant had a reasonable expectation of privacy in a telephone booth (E) holding that no reasonable expectation of privacy existed in a prison visitor room where conversations took place between brothers and were surreptitiously recorded by state officials
[A]: (C)


[Q]: remedy in the instant case. Defendant maintains that the grand jury’s failure to return an indictment before hearing Dr. DeHaan’s testimony, which was based in part on Ms. Thomas’ grand jury testimony, and that the grand jury’s subsequent indictment of Defendant almost immediately after Dr. DeHaan’s interview was greatly significant. Defendant points out that, as early as its decision in State v. Hopkins, 115 La. 786, 40 So. 166 (1906), the Louisiana Supreme Court had applied the grand jury secrecy rule to the district attorney, the courts, and the defense. The supreme court has consistently applied the | figrand jury secrecy rule to both the prosecution and the courts since the Hopkins decision. In re Matter Under Investigation Grand Jury No. 1, 04-672 (La.5/14/04), 875 So.2d 33 (<HOLDING>); In re Grand Jury, 98-2277 (La.4/13/99), 737 
 Holding statements: (A) holding that a defendants false grand jury testimony was insufficient to establish perjury where the defendant was called before the grand jury for the mere purpose of laying the foundation for a perjury prosecution such testimony was immaterial to the grand jurys purpose (B) holding the trial court erred in ordering the transcription of grand jury proceedings so that it could intervene in the operations of the grand jury (C) holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury (D) holding no right to crossexamine in grand jury proceedings (E) holding that right was available in grand jury proceedings
[A]:
(B)