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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: 602 F.Supp. 859, 864 (D.N.J.1985); Tedesco v. U.S. Po esentation against the Government. 28 U.S.C. § 2680(h). Further, the FTCA requires, as a jurisdictional prerequisite to adjudication in a federal court, all claims to first be brought before the appropriate agency-here, the USPS’s Tort Claims Examiner. See 28 U.S.C. § 2675(a). It is undisputed that Mr. Foster did not bring his claims to the USPS before initiating this suit. Thus, the district court correctly dismissed these claims for lack of subject matter jurisdiction. II Mr. Foster also challenges the district court’s denial of his motion for reconsideration and its denial of sanctions against USPS. We review these determinations for abuse of discretion. Q-Pharma, Inc. v. Andrew Jergens Co., 360 F.3d 1295, 1299 (Fed.Cir.2004) (<HOLDING>); Gary v. The Braddock Cemetery, 517 F.3d 195, 
 Holding statements: (A) holding that a motion for rule 11 sanctions is dispositive (B) holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case (C) holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion (D) holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions (E) holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit

Answer: holding that a motion for rule 11 sanctions is dispositive


Question: claim because "she was not diligent in preserving her legal rights”); Felty, 818 F.2d at 1129 ("One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence.”) (quoting Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147, 151, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)); United States ex rel. Cogifer, S.A. v. Ins. Co. of North Am., Civ. A. No. 86-183-NN, 1987 WL 19932, at *4 (E.D.Va. Oct. 15, 1987) (unpublished). 11 . See, e.g., Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir. 1990). 12 . See, e.g., Humble Oil, 402 F.2d at 896 (finding equitable estoppel where surety reneged on promise to pay after statute of limitations had run). 13 . See, e.g., United States ex rel. Nelson v. Reliance Ins. Co., 436 F.2d 1366, 1371 (10th Cir.1971) (<HOLDING>); United States ex rel. Atlas Erection Co. v. 
 Holding statements: (A) holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation (B) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (C) holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors (D) holding that estoppel applied where surety repeatedly responded to subcontractors threats to sue with answers which assured them that amicable settlement was just around the corner (E) holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety

Answer: holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation


Question: 65, 71, ¶ 24, 961 P.2d 1013, 1019 (1998). Nevertheless, Arizona courts normally impose standing requirements as a matter of judicial restraint to ensure that their decisions are not moot or merely advisory, “and that the issues will be fully developed by true adversaries.” Armory Park Neighborhood Ass’n v. Episcopal Community Servs., 148 Ariz. 1, 6, 712 P.2d 914, 919 (1985). A plaintiff may gain standing by alleging an injury resulting from the defendant’s putatively unconstitutional conduct. Cf. Sears, 192 Ariz. at 70, ¶ 23, 961 P.2d at 1018. ¶ 13 US West intervened in the administrative proceedings resulting from the Commission’s grant of CC & Ns to the Competitors, and it appears to have vigorously litigated the issues before us both in those proceedings an 9 P.2d 394, 397 (1997) (<HOLDING>). C. US West’s Constitutional Issues ¶ 14 US 
 Holding statements: (A) holding that a jurys finding that a city had delegated its final policymaking authority in the area of law enforcement to a city police chief was supported by the evidence and warranted imposing liability upon the city (B) holding that the city had standing to challenge the constitutionality of a statute allowing certain communities within the same county as the city to incorporate as towns without the citys consent (C) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law (D) holding that a city may be held liable on account of the unconstitutional conduct of city officials only if the citys policy or custom played a part in the violation (E) holding that the city had standing to challenge the formation of a water improvement district that might impede the citys expansion

Answer:
holding that a jurys finding that a city had delegated its final policymaking authority in the area of law enforcement to a city police chief was supported by the evidence and warranted imposing liability upon the city