TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (D)

PROBLEM: the conversations as they occurred. Further, this officer testified that after speaking with Diana Buchanan during her arrest, he was “convinced” that the voice on the tape was Diana Buchanan’s. Although the district court did not elicit testimony as to all the Biggins elements, the officer sponsoring the recording gave adequate testimony to support the recording’s reliability. All the voices were identified, and there was no intimation that the tape had been altered. Further, the testifying officer explained how the recording was made, and testified as to its accuracy. Accordingly, we cannot say that the district court abused its discretion in admitting the tape as an accurate reproduction of relevant conversations. See United States v. Lance, 853 F.2d 1177, 1181-82 (5th Cir.1988) (<HOLDING>). C Diana Buchanan next argues that the 
 Holding statements: (A) holding that the  2d11b1 enhancement was proper where a firearm and drugrelated items were found in the defendants residence where he had also engaged in conspiratorial conversations (B) holding recordings properly authenticated where law enforcement agents who participated in the taped conversations testified that according to their memories the audio and video tapes contained accurate recordings of the conversations that occurred (C) holding that foreign bank documents found inside a persons home were properly authenticated (D) holding that the plaintiffs fourteenth amendment substantive due process claim was foreclosed because the fourth amendment provided protection for their claim that law enforcement officers participated in an unlawful seizure of their mobile home (E) holding that government met its burden with evidence that agents found a firearm and other drugrelated items in the defendants house where defendant engaged in conspiratorial conversations

SOLUTION: (B)

PROBLEM: of the rules of procedure, the court must, in effect, fit the punishment to the crime. “Although the trial court’s discretion to choose an appropriate sanction is broad, when a court imposes a ‘drastic’ sanction such as dismissal or default we will closely scrutinize the court’s decision.” Saucier v. State Tax Assessor, 1998 ME 61, ¶ 6, 708 A.2d 281, 288. [¶ 17] In determining the appropriate sanction to be imposed upon a party for failure to comply with the rules, the court should take into account the purpose of the specific rule at issue, the party’s conduct throughout the proceedings, the party’s bonafides in its failure to comply, prejudice to other parties, and the need for the orderly administration of justice. See, e.g., Estate of Dineen, 1998 ME 268, ¶ 11, 721 A.2d 185, 188 (<HOLDING>); Ricci v. Delehanty, 1998 ME 281, ¶ 15, 719 
 Holding statements: (A) holding sanctions were appropriate due to prejudice imposed on other party from failure to disclose subject matter of expert testimony (B) holding sanctions were appropriate when excessive responsive pleadings were filed for purposes of delay (C) holding sanctions were appropriate where party filed motions merely for purposes of delay (D) holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions (E) holding sanctions order not final where the amount of sanctions had not yet been determined

SOLUTION:
(C)