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.

[Q]: motions). The Second Circuit has not yet announced a specific standard for exercising the district court’s discretion in ruling on such a motion. The Second Circuit has, however, stated that: “[o]nly ‘reasonably genuine surprise’ on the part of the appellant, Moylan v. Siciliano, 292 F.2d 704, 705 (9th Cir.1961), combined with an assertion of the nature of the additional evidence, Berns v. Pan Am. World Airways, 667 F.2d 826, 829 (9th Cir.1982), would give us sufficient reason to remand for the taking of additional evidence.” Air et Chaleur, S.A. v. Janeway, 757 F.2d 489, 495 (2d Cir.1985); see also Matthew Bender & Co., 158 F.3d at 679 (upholding district court’s decision to permit party to re-open a hearing where (1) additional evidence was material, (2) opposing part (S.D.N.Y.1994) (<HOLDING>). I shall consider the issue of Plaintiff’s 
 Holding statements: (A) holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them (B) holding that an appellate court is not required to search the appellate record with no guidance from the briefing party to determine if the record supports the partys argument (C) holding that the party moving for summary judgment waived its argument that the opposing partys affidavit should not be considered because the moving party never objected to the timeliness of the affidavit to the trial court (D) holding that when appraising a partys motion to reopen the record posttrial the court must consider 1 whether or not the moving partys failure to submit evidence was the result of its own lack of diligence 2 the extent to which reopening the record might prejudice the nonmovant and 3 where the interests of justice lie (E) holding the moving party must meet its burden by showing  that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case
[A]: holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them


[Q]: 39:4-88(b), the mandate to drive within a single lane to the extent practicable applies, whether or not a deviation from that lane imposes a risk to another driver. The statute’s second clause addresses a related, but discrete, mandate of the Code. It requires a driver to ascertain the safety of switching lanes before conducting a lane change. N.J.S.A. 39:4-88(b). Unlike the violation described in the first clause of N.J.S.A. 39:4-88(b), the violation described in the second clause is avoided if a driver, in a roadway with multiple lanes traveling in the same direction, first determines that departure from a lane may be conducted safely. The Appellate Division’s limitation of N.J.S.A. 39:4-88(b) to the violation identified in the statute’s second clause would render t .App.1998) (<HOLDING>). Thus, the courts of our sister states, 
 Holding statements: (A) holding that due regard describes a standard between ordinary care and recklessness (B) holding that tex transp code ann  545060a describes one offense (C) holding that no offense alleged where affidavit described offense as felony (D) holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense (E) holding that the statute describes but one offense which can be committed by either or both of two methods
[A]: holding that due regard describes a standard between ordinary care and recklessness


[Q]: Forrester contends that the question of whether ecstasy meets the definition of a Schedule I substance is a factual determination that must be left to the jury. In both Apprendi and Buckland, the judges made improper findings of conduct (sale of a particular drug and engaging in hate speech, respectively) by a preponderance of the evidence. The respective courts held that those findings should have been made by a jury beyond a reasonable doubt. See Buckland, 289 F.3d at 563; Apprendi, 530 U.S. at 471, 120 S.Ct. 2348. However, both cases explicitly confirm Congress’s ability to “ramp up the punishment for controlled substance offenders based on the type and amount of illegal substance involved in the crime.” Buck-land, 289 F.3d at 568; see also Apprendi, 530 U.S. at 495, 120 S.Ct. 2348 (<HOLDING>). Therefore, under Buckland and Apprendi, the 
 Holding statements: (A) recognizing an attorneys right to conduct the clients case with a certain degree of privacy (B) holding that the right to associate with others as a military company is not a privilege of citizens of the united states (C) recognizing congresss ability to choose the degree of culpability  associate with particular factually distinct conduct (D) recognizing even federal constitutional right of association does not apply to the right of one individual to associate with another (E) recognizing authority of legislature to choose officers of municipal corporations
[A]:
recognizing an attorneys right to conduct the clients case with a certain degree of privacy