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.

Example Input: the notice. (Hilsee Supp. Aff. ¶ 6(b), June 8, 2005). Moreover, the notice campaign began in early December, and the deadline to file opt-outs was April 8, 2005. This timeline, spanning a period of four months, is consistent with court-approved best practices for class notice campaigns. Id. at ¶ 6(c)vi. Accordingly, I FIND that there was sufficient notice leading up to the opt-out deadline. Objectors also assert that because the settlement class could have potentially included millions of Class Members, and only 6,524 have “shown their hands” to be included in the class by filing an inventory form, the notice is inadequate. However, many factors contribute to the claims response rate. See, e.g., Zimmer Paper Prod., Inc. v. Berger & Montague, P.C., 758 F.2d 86, 92-93 (3d Cir. 1985) (<HOLDING>); 3 Alba Conte & Herbert Newberg, Newberg on 
 Holding statements: (A) holding that notice to the attorney of record constitutes notice to the petitioner (B) holding that notice apprised class members sufficiently of information that notice was intended under the rule to convey (C) holding that notice to supervisor is notice to city (D) holding that where defendant engaged in customary and court approved notice procedure the response rate was not determinative of the adequacy of the class notice (E) holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice
Example Output: holding that notice to the attorney of record constitutes notice to the petitioner

Example Input: 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
Example Output: 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

Example Input: Howell v. Evans, 922 F.2d 712, 723 (“We do not dispute [the] right to rely on medical professionals for clinical determinations.”), vacated by settlement, 931 F.2d 711 (11th Cir.1991), reinstated by order, 12 F.3d 190 n. * (11th Cir.1994); see also Dolihite v. Maughon ex rel. Videon, 74 F.3d 1027, 1054-55 (11th Cir.1996) (awarding director of adolescent center summary judgment on section 1983 due process complaint when director could “reasonably rely on” judgment of medical personnel to secure suicidal youth’s surroundings). We affirm the dismissal of Acosta’s complaint against Watts. Acosta’s complaint alleges sufficient facts to state a claim of deliberate indifference against unknown named personnel in the Office of Medical Designation. See Bivens, 403 U.S. at 397, 91 S.Ct. at 2005 (<HOLDING>). Acosta alleged that he had a serious medical 
 Holding statements: (A) recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights (B) recognizing a cause of action for damages against officials who violate constitutional or statutory rights under color of federal law (C) recognizing cause of action against federal officials for violation of constitutional rights (D) holding plaintiff may sue federal agents for money damages for violation of his constitutional rights (E) recognizing an action for damages against unknown federal agents for the violation of constitutional rights
Example Output:
recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights