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.

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
(E)

limits in which the officer is empowered to act, when a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled.” Reading the facts in the light most favorable to Plaintiff, the Court finds that there is a material issue of fact as to whether Officer Faulk possessed the authority to impound the motorcycle based on the stolen vehicle report. A stolen vehicle report was made, which may give Officer Faulk the authority to impound the motorcycle without a warrant. However, Officer Faulk’s declaration shows that he was aware that the allegedly stolen vehicle was part of a contract dispute between private parties. See Allen v. City of Portland, 73 F.3d 232, 238 (9th Cir.1995) (<HOLDING>). The fact that Officer Faulk knew that the 
 Holding statements: (A) holding that a dispute regarding payment of a restaurant bill does not give rise to probable cause to arrest (B) holding that in the absence of a prior indictment probable cause for arrest is determined by the facts in the sworn complaint (C) holding that there was no probable cause to arrest the plaintiff because the facts of the case amounted to a contract dispute (D) holding that there is no  1983 cause of action for false arrest unless the arresting officer lacked probable cause (E) holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution
(C)

v. United States, 271 F.3d 1327, 1329 (Fed.Cir.2001) (ruling that “the Takings Clause does not apply to legislation requiring the payment of money.”). Plaintiff has not shown that it is entitled to damages under a theory independent of the rights accorded Canal Electric under the Standard Contract. Plaintiff’s assertions that the Government’s failure to remove and dispose of nuclear waste required Canal to provide facilities to “store SNF beyond the date when the Government was required to assume such obligations,” and that the Government “forced nuclear utilities, including Canal, to expend their own resources to plan for the disposal of SNF,” are classic breach of contract allegations. See Northern States Power Co. v. United States Dep’t of Energy, 128 F.3d 754, 759 (D.C.Cir.1997) (<HOLDING>). Plaintiff complains of being “deprived of the 
 Holding statements: (A) holding that the right of action accrued upon failure to perform contract (B) holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract (C) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (D) holding that utilities must pursue the remedies provided in the standard contract in the event that doe does not perform its duty to dispose of the snf by january 31 1998 (E) recognizing that a construction contract implicitly imposes a duty on contractors to perform work according to the standard of due care

(D)