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.

Ex Input:
limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace’s remaining contentions lack merit. 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction

Ex Output:
(D)


Ex Input:
of a class consisting of all African-American plant employees. Accordingly, the district court acted within its discretion to deny class certification on the basis of the appellants’ direct evidence. B. Statistical Evidence Nucor provided the appellants with actual promotion-related job posting and applicant data from January 2001 to February 2006. According to the appellants’ own expert, statistical analysis of this data resulted in a standard deviation of - .84, a result indicating no statistically significant disparity in the actual versus expected percentage of African-American employees successfully bidding on jobs. J.A. 5872-73. The appellants, however, objected to use of the 2001 to 2006 time period because it included job posting and bidding 759 n. 17 (4th Cir.1986) (<HOLDING>). Since the appellants could not prevail based 
 Holding statements: (A) recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard (B) recognizing that differences between the expected value and the observed number greater than two or three standard deviations are significant (C) recognizing the cause of action (D) recognizing cause of action (E) recognizing that a standard deviation greater than two or three excludes chance as the cause of underrepresentation

Ex Output:
(E)


Ex Input:
filed that statement on November 14, 2005. That claim is not at issue in the Reconsideration Motion. STANDARD OF REVIEW Plaintiffs seek relief pursuant to Rules 59(e) and/or 60(b)(1) of the Federal Rules of Civil Procedure, and under Local Rule 60.1(c). Rule 59(e) provides that any motion to alter or amend a judgment shall be filed no later than 10 days after entry of the judgment. Fed.R.Civ.P. 59(e). Rule 60(b)(1) provides that the court may relieve a party from an order for reason of “mistake, inadvertence, surprise, or excusable neglect.” Fed.R.Civ.P. 60(b). The Ninth Circuit has recognized that Rule 60(b) may be used to reconsider legal issues and to reconsider the court’s own mistake or inadvertence. See Liberty Mut. Ins. Co. v. E.E.O.C., 691 F.2d 438, 441 (9th Cir.1982) (<HOLDING>); see also Kingvision Pay-Per-View Ltd. v. Lake 
 Holding statements: (A) holding that the law in this circuit is that errors of law are cognizable under rule 60b (B) holding claim is not cognizable (C) holding that it is an abuse of discretion to make errors of law or clear errors of factual determination (D) holding claim is cognizable (E) holding that certificate is required to appeal denial of rule 60b motion challenging denial of habeas application and stating that eight circuit courts including eighth circuit are in accord on this issue

Ex Output:

(A)