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.

the action should pro ceed among the existing parties or be dismissed. Fed.R.Civ.P. 19(b). Defendant neglected to offer any explanation for how and why Mr. Stroud is essential, other than that he was named in the underlying state court case. That is not enough. Mr. Stroud is not a necessary or indispensable party under Rule 19 because this Court can administer complete relief — an order compelling arbitration— among the existing parties and Mr. Stroud himself is not claiming an interest in this arbitration action that will be impaired by his absence. Although failing to dismiss this case may result in piecemeal litigation, that factor alone is not compelling enough to find Mr. Stroud to be an indispensable party. Cf. Doctor’s Assocs., Inc. v. Distajo, 66 F.3d 438, 446 (2d Cir.1995) (<HOLDING>). This Court therefore properly limits its 
 Holding statements: (A) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (B) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (C) holding that district courts are required to compel arbitration of claims subject to arbitration clause even if the result is piecemeal litigation (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that in determining whether diversity jurisdiction exists in petition to compel arbitration district court was correct in looking only to citizenship of parties in action before it  parties who signed arbitration agreement  and that nondiverse agents in underlying state case were not indispensable parties as any potential prejudice resulting from piecemeal litigation is overcome by faas strong bias in favor of arbitration
(E)

issue, we need not consider the second argument raised. 7 . In a dissent to Smith, Judge Friedman, joined by Judges Pellegrini and Kelley, objected to following the Miller/Lewis/Selan line of cases which automatically equated the refusal to sign a hospital consent form with a refusal to submit to chemical testing. The dissenting judges expressed preference for the other line of caselaw, particularly Conrad, and noted that because Smith orally agreed to the blood test and only refused to sign the hospital consent form, which was a pre-test procedure linked to the test, although not required by section 1547, Smith did not make a knowing and conscious refusal to submit to chemical testing. 8 . Wheatley v. Commonwealth, Department of Transportation, 104 Pa.Cmwlth. 171, 521 A.2d 507 (1987) (<HOLDING>). 9 Although Renwick does not expressly 
 Holding statements: (A) holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 (B) holding that refusal to consent to search cannot support a finding of reasonable suspicion (C) holding that refusal to submit to breathalyzer test did not result from custodial interrogation (D) holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 (E) holding that a district court did not clearly err in crediting agents testimony that a defendant had orally consented despite his refusal to sign consent form
(D)

1069 (5th Cir.1981). In Sessions, the Fifth Circuit barred a plaintiffs Section 1981 employment discrimination action against a state hospital. The court ruled that the hospital was an arm of the state, and that Section 1981 did not abrogate the state’s Eleventh Amendment sovereign immunity: “[u]nlike Title VII, Section 1981 contains no congressional waiver of the state’s eleventh amendment immunity.” Id. The facts in the instant case do not present a distinguishable situation. The Office of the Attorney General is an arm of the state entitled to sovereign immunity. See Tex. Const, art. IV, § 22. Therefore, the court is without jurisdiction to hear Plaintiffs Section 1981 claim against the state of Texas. See also Loya v. Tex. Dep’t of Corrections, 878 F.2d 860, 861-862 (5th Cir.1989) (<HOLDING>). While conceding that Defendant is immune from 
 Holding statements: (A) holding that the department of corrections was entitled to eleventh amendment immunity from suit under section 1981 (B) holding that the eleventh amendment applies in  1981 litigation (C) holding that pennsylvanias judicial districts are entitled to immunity from suit under the eleventh amendment (D) recognizing that claims against a state under  1981 are barred by the eleventh amendment (E) recognizing that section 1981 claims against a state agency are barred by the eleventh amendment

(A)