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 Q]: Defendants’ Mot. for Summ. Judg. at 22 (“Plaintiffs appear to be claiming that they are entitled to ‘Class of One’ review[.]”)) Furthermore, County Defendants did not explicitly address the appeal issue anywhere in their motion. Given this background, it was not error for the Court to ascribe the “class of one” argument to Plaintiffs’ equal protection challenge, nor was it error for the Court to find that County Defendants had not met their burden on the question of summary judgment. To the extent that County Defendants now contend that Plaintiffs “class of one” argument must fail because no other party has appealed for a waiver, this is a new argument that is not appropriate in a motion for reconsideration. See Haw. Stevedores, Inc. v. HT & T Co., 363 F.Supp.2d 1253, 1269 (D.Haw.2005) (<HOLDING>). Should County Defendants wish to re-visit 
 Holding statements: (A) holding court will generally not consider arguments presented for the first time on appeal (B) holding that reconsideration pursuant to rule 59 cannot be premised on the same arguments presented in the complaint and motions (C) holding that motions for reconsideration are not appropriate if the movant asks the court to hear new arguments or supporting facts that could have been presented originally (D) holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision (E) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration
[EX A]: (D)

[EX Q]: Villafuerte, 502 F.3d 204, 207-08 (2d Cir.2007); see also United States v. Verkhoglyad, 516 F.3d 122, 128 (2d Cir.2008). In fact we identify no error in this case, plain or otherwise, because the district court’s statement that it had “look[ed] at the relevant conduct, what happened with the fellow you got $250,000 from,” and its statement that it had reviewed the Pre-sentence Report (“PSR”) and “adopt[ed] the factual information that’s contained” therein, are reasonably construed as an explicit adoption of the PSR’s detailed explanation for why Patterson’s conduct causing a $250,000 loss to a California victim was fraudulent and qualified as relevant to the crime of conviction pursuant to U.S.S.G. § IB 1.3(a)(2). See generally United States v. Carter, 489 F.3d 528, 539 (2d Cir.2007) (<HOLDING>). We further conclude that the adopted PSR 
 Holding statements: (A) holding district courts adoption of the presentence report constitutes sufficient findings (B) holding that factual findings set forth in the psi not objected to by a defendant are deemed admitted (C) holding that a district court satisfies its obligation to make factual findings when it explicitly adopts the factual findings set forth in the presentence report (D) holding that express adoption of factual findings in presentence report is sufficient (E) holding that this court will only set aside district courts factual findings when they are clearly erroneous
[EX A]: (C)

[EX Q]: in tort; that will depend on whether the plaintiff can prove the elements of the tort of negligent infliction of emotional distress that we set out in this opinion. The extent to which tort claims could be disclaimed, liquidated or otherwise limited by contract is beyond the scope of this opinion. We note, however, that we generally permit exculpatory clauses so long as they do not purport to waive liability for gross negligence, fraud or other willful wrongful conduct. See Carleton v. Winter, 901 A.2d 174, 181 (D.C.2006). Such clauses may not be valid, however, in the context of transactions that affect the public interest. See Wolf v. Ford, 335 Md. 525, 644 A.2d 522, 525-26 (1994) (citing Tunk1 v. Regents of Univ. of Cal., 60 Cal.2d 92, 32 Cal.Rptr. 33, 383 P.2d 441, 495-46 (1963) (<HOLDING>)). 19 . Alabama does not recognize the separate 
 Holding statements: (A) holding that public policy claims are unavailable where the statute in question provides the employee with a wrongful discharge remedy (B) holding that release of patients claims for negligent and wrongful conduct in hospitals preadmission form was against public policy and not enforceable (C) holding that claims for relief premised on alleged negligent wrongful or unauthorized conduct by the irs are based in tort and not within the jurisdiction of this court (D) recognizing tort of wrongful discharge in violation of public policy (E) holding that motorcycle training course is not a matter of public necessity and release does not violate public policy
[EX A]:
(B)