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: evidence sufficient to create a genuine factual dispute.” Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous “general denial”: that he has either “refused to accept” his severance pay, or that such pay was never “conveyed” to him.” Pl.’s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to 
 Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face

A: (B)
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Q: at 1459-60 (references to subsidiary as “division” of Kodak not equivalent to evidence that two companies operated as “single economic entity”); Akzona, 607 F.Supp. at 238 (language of annual report and employee testimony describing subsidiaries as divisions of parent not sufficient, even in conjunction with other evidence, to establish alter ego relationship). ... In a case presenting similar questions, the Ninth Circuit found no alter ego relationship was created where the parent company guaranteed loans for the subsidiary, reviewed and approved major decisions, placed several of its directors on the subsidiary’s board, and was closely involved in the subsidiary’s pricing decisions. Kramer Motors, Inc. v. British Leyland, Ltd., 628 F.2d 1175, 1177 (9th Cir.1980).... Id. at 927-928 (<HOLDING>). Here, plaintiffs proffer evidence that CNOFG 
 Holding statements: (A) holding that the general corporate laws are incorporated into the corporate charter (B) holding that to establish that subsidiary is agent of parent for jurisdictional purposes the parent must exert control that is so pervasive and continual that the subsidiary may be considered an agent or instrumentality of the parent notwithstanding the maintenance of corporate formalities (C) holding that because the corporate parent and subsidiary defendants before it observed all of the corporate formalities necessary to maintain corporate separateness notwithstanding the parents active involvement in the subsidiaries operations the evidence did not establish that the entities were alter egos of one another (D) holding constitutional due process requires that personal jurisdiction cannot be premised on corporate affiliation or stock ownership alone where corporate formalities are substantially observed and the parent does not exercise an usually high degree of control over the subsidiary (E) holding that under north carolina law a corporate parent cannot be held liable for the acts of its subsidiary unless the corporate structure is a sham

A: (C)
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Q: in original) (quoting Capital City Press, 4 So.3d at 821). It is noted that none of these cases concerned significant privacy interests. 13 .The laws of several states specifically provide that police personnel files are not subject to disclosure under state freedom of information acts. See Cal.Penal Code § 832.7 (providing police personnel records are confidential except for investigations or proceedings conducted by a grand jury, a district attorney's office, or the Attorney General's office); Del.Code Ann. tit. 11, § 9200(c)(12) (providing that all records compiled as a result of an investigation of a law- enforcement officer “shall be and remain confidential and shall not be released to the public”); Union Leader Corp. v, Fenniman, 136 N.H. 624, 620 A.2d 1039, 1041 (N.H.1993) (<HOLDING>); N.Y. Civ. Rights Law § 50-a (providing that 
 Holding statements: (A) holding that records of personal phone calls made by staff employees of the house of representatives fall outside the current definition of public records and were properly redacted (B) holding that documents generated by the cia at the specific request of congress were exempt from disclosure as congressional records (C) holding that personnel records or conduct investigative records regarding police officers are exempt from disclosure under virginias freedom of information act which exempts personnel records from disclosure (D) holding defendant charged with making harassing phone call to sheriffs department did not meet burden of showing impartiality even though case was tried to a judge to whom defendant also made aggravating calls (E) holding that documents compiled during internal investigation of police lieutenant accused of making harassing phone calls were records pertaining to internal personnel practices within the meaning of new hampshires righttoinow law and thus were exempt from disclosure

A:
(E)
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