instruction:
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.
question:
the interests of the group of claimants as .a whole necessitates the setting of deadlines to dislodge claims stalled in the claims resolution process. Finally, the Court notes that this conclusion is completely consistent with prior decisions of this Court. Indeed, the Court has, on several occasions, upheld Trust deadlines. See Almalich v. Dalkon Shield Claimant’s Trust, Docket No. 19103 (July 29,1994) (deadline regarding submission of claims material within day-to-day operations); Gunnell, Docket No. 19331 (ADR deadlines within day-to-day operations). Moreover, the Court has affirmed the Trust’s disallowance authority. See e.g., Almalich, Docket No. 19103 (affirming disallowance of claims for failure to submit final claim materials by the stated deadline); Mantush, Docket No. 18298 (<HOLDING>); Besag, Docket No. 19492 (affirming Trust 
 Holding statements: (A) holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust (B) holding that statutory grounds for recusal can be waived both by failing to object and by failing to assert error on appeal (C) recognizing where naked trust created the division of naked legal title and equitable title which may be united at option of cestui que trust (D) recognizing trust authority to disallow claims for failing to select an option by july 1 1991 deadline (E) holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust
answer:
(D)


question:
of Liability Provisions SBVS argues that Plaintiffs are not entitled to lost rent or diminution in value damages because both of the Agreements contain provisions barring the award of consequential damages. The Court concludes that the enforceability of these provisions turns on disputed facts and, therefore, that summary judgment on this issue is improper. Generally, provisions limiting liability in construction contracts are enforceable under California law so long as the parties negotiated and expressly agreed to the limitations. See Cal. Civ.Code § 2782.5. However, such a provision is unenforceable if it is unconscionable or otherwise contrary to public policy. Markborough California, Inc. v. The Superior Court of Riverside County, 227 Cal.App.3d 705, 715, 277 Cal.Rptr. 919 (1991) (<HOLDING>). Under § 1668 of the California Civil Code, 
 Holding statements: (A) holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity (B) holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant (C) holding contract not unconscionable where parties were of equal bargaining power plaintiff had opportunity to have an attorney review the contract the contract was clear and easily read the plaintiff had been a party to similar contracts in the past and was under no financial pressure to sign the con tract (D) holding that the plaintiff had failed to establish procedural unconscionability since he had a reasonable opportunity to consider the agreement and the arbitration clause was clearly set forth in the contract (E) holding that limitation of liability clause in construction contract that is not unconscionable or in violation of public policy is valid so long as parties had a fair opportunity to accept reject or modify limitation and affirming summary judgment on basis that plaintiff had presented no evidence that it had had no such opportunity
answer:
(E)


question:
934 F.2d 1151 (10th Cir.1991), the authority relied upon in the previous order, subject matter jurisdiction depended upon the discretionary function exception to the FTCA which is codified at 28 U.S.C. § 2680(a). In this matter, jurisdiction depends upon the Feres doctrine, a judicially created exception to the FTCA’s waiver of sovereign immunity. Therefore, it would be improper for the court to treat the government’s motion as one for summary judgment because jurisdiction is not dependent upon the FTCA; it is dependent upon whether Feres applies. See, e.g., Holt v. United States, 46 F.3d 1000, 1003 (10th Cir.1995) (stating conversion was improper because resolution of the jurisdictional issue did not depend on the FTCA); Atkinson v. United States, 825 F.2d 202, 204 n. 2 (9th Cir.1987) (<HOLDING>). For this reason, the court disposes of the 
 Holding statements: (A) holding a decision denying a motion to dismiss an action for lack of personal and subject matter jurisdiction is not appealable (B) recognizing proper disposition when feres applies is to dismiss for lack of subject matter jurisdiction not grant summary judgment (C) holding that the grant of subject matter jurisdiction in  502e1 is exclusive (D) holding that a motion to dismiss or for summary judgment precluded default judgment (E) holding that trial court may not grant summary judgment by default  when the movants summary judgment proof is legally insufficient
answer:

(B)