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.
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Question: and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe’s amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun 
 Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in  1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

Answer: (E)


Question: justification was pretextual.” Smith v. District of Columbia, 430 F.3d 450, 455 (D.C.Cir.2005) (quoting Murray v. Gilmore, 406 F.3d 708, 713 (D.C.Cir.2005)). The court should assess the plaintiffs challenge to the employer’s explanation in light of the totality of the circumstances of the case. Aka, 156 F.3d at 1291. The strength of the plaintiffs prima fa-cie case, especially the existence of a causal connection, can be a significant factor in his attempt to rebut the defendant’s legitimate nondiscriminatory reason for the adverse action. See Aka, 156 F.3d at 1289 n. 4 (stating that “a prima facie case that strongly suggests intentional discrimination may be enough by itself to survive summary judgment”); Laurent v. Bureau of Rehab., Inc., 544 F.Supp.2d 17, 23 n. 5 (D.D.C.2008) (<HOLDING>); Meadows v. Mukasey, 555 F.Supp.2d 205, 211-13 
 Holding statements: (A) holding that plaintiff could not establish a prima facie case of discrimination because she was unable to present evidence that she was qualified for the position (B) holding that the plaintiff demonstrated pretext in part by establishing a causal connection (C) holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity (D) holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury (E) holding that the plaintiff cannot establish pretext because she is unable to show any causal connection

Answer: (E)


Question: that already presented, the Court would have to hold, out of fairness to both sides, counsel to the time allotted. And that means it’s been expended. These portions of the transcript not only demonstrate that the mother has failed to advise us of any prejudice resulting from the complained-of action by the trial court, but that she also failed to advise the trial court of any claimed prejudice. In that regard, the quoted portion of the record makes it clear that she did not make the required offer of proof at trial as to the evidence that she would have presented at trial if given more time, such that even if the mother’s point relied on were not wholly defective, she failed to preserve her claim for appellate review in any event. See Brady v. Brady, 39 S.W.3d 557, 560-61 (Mo.App.2001) (<HOLDING>). As a result of the substantial deficiencies 
 Holding statements: (A) holding that in order to preserve an issue for review a party must make a timely and specific objection at trial (B) holding that to properly preserve an objection to the trial courts imposing a time limit for the presentation of evidence the objecting party must make a specific and definite offer of proof informing the trial court of the evidence that is being excluded by the limitation (C) holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court (D) holding party must make timely and specific objection at trial to preserve issue for appellate review (E) holding that an adequate offer of proof is normally required to preserve error when a trial court excludes evidence

Answer:
(B)