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: with our ability to review the sentence imposed by the district court for substantive reasonableness because, on review, we must compare the sentence imposed with the correctly calculated Guidelines sentencing range. He contends the relevant Guidelines sentencing range is the post-departure Guidelines sentencing range. But it is the pre-departure Guidelines sentencing range that the district court must correctly calculate and that we must use when we review a sentence for substantive reasonableness. See United States v. Mohamed, 459 F.3d 979, 987 (9th Cir.2006) (“[W]e elect to review the district court’s application of the advisory sentencing guidelines only insofar as they do not involve departures.”); see also United States v. Tankersley, 537 F.3d 1100, 1114 n. 11 (9th Cir.2008) (<HOLDING>). We used the pre-departure sentence for 
 Holding statements: (A) holding lack of prejudice to the defendant is not good cause (B) holding that a fee application based on claims that were interrelated nonfrivolous and raised in good faith may still be excessive where the applicant achieved only partial or limited success (C) holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith (D) holding that the defendant did not establish good faith as a matter of law (E) holding mohamed is still good law

SOLUTION: (E)

PROBLEM: of the state action is sought. First, federal courts handling in personam cases have generally limited their decisions to enjoin state court proceedings to MDLs or complex national class actions. “Under an appropriate set of facts, a federal court entertaining complex litigation, especially when it involves a substantial class of persons from multiple states, or represents a consolidation of cases from multiple districts, may appropriately enjoin state court proceedings in order to protect its jurisdiction.” Diet Drugs I, 282 F.3d at 235. In fact, several courts have declined to enjoin state court proceedings specifically because the federal action did not involve an MDL or a certified class action. See Negrete v. Allianz Life Ins. Co. of N. Am., 523 F.3d 1091, 1103 (9th Cir.2008) (<HOLDING>); Gooch, 589 F.3d at 330-31 (declining to 
 Holding statements: (A) holding that there was no record of a hearing about settlement objections (B) holding that because the alleged settlement was never approved by the court under rule 9019 the settlement agreement was unenforceable (C) holding that the commissions approval of a nonunanimous settlement agreement did not violate intervenors due process rights because the record shows that the appellant presented arguments in opposition to the settlement during the agenda conference in which the appellant was allowed thirty minutes to present its views in opposition to the settlement agreement (D) holding a settlement privilege exists as to thirdparty discovery of settlement negotiations (E) holding that an injunction was inappropriate because this was not an mdl case discovery was not complete no class settlement was imminent in fact as far as the record shows no serious settlement progress had been made

SOLUTION: (E)

PROBLEM: unless the controlling person had no knowledge of or reasonable grounds to believe in the existence of the facts by reason of which the liability of the controlled person is alleged to exist. 15 U.S.C. § 77o. 6 .Section 20(a) of the 1934 Act provides: Every person who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder shall also be liable jointly and severally with and to the same extent as such controlled person to any person to whom such controlled person is liable, unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts F.2d 873, 881 (7th Cir.1992) (applying Eighth Circuit’s test) with Brown v. Enstar Group, Inc., 84 F.3d 393, 396 & n. 6 (11th Cir. 1996) (<HOLDING>), cert, denied, — U.S. —, 117 S.Ct. 950, 136 
 Holding statements: (A) holding a defendant is liable as a control person if the defendant had the power to control the general affairs of the entity primarily liable at the time the entity violated the securities laws but declining to decide whether power to control means simply abstract power to control or actual exercise of the power to control internal quotations omitted (B) holding authority to control limits duty to control (C) holding that to establish a prima facie case of control person liability a plaintiff must establish that the alleged control person actually participated in ie exercised control over the operations of the primary violator in general internal quotations omitted (D) recognizing that court has inherent power to control the judicial business before it (E) recognizing power of district courts to control movement of cases from filing to final disposition

SOLUTION:
(A)