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: was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 

A: recognizing a discretionary function exception to that waiver
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Q: stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service

A: holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca
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Q: the district court’s ruling are considered abandoned on appeal and not reviewable by this Court). Pending for review is the district court’s disposition of Hopson’s disparate treatment claims regarding the above five employment actions, brought pursuant to Title VII and Michigan’s EUiott-Larsen Civil Rights Act. A. Direct Evidencé of Discrimination Under both Title VII and Michigan law, a plaintiff may set forth a prima facie case of employment discrimination by presenting direct evidence of the defendant’s discriminatory intent. Nguyen v. City of Cleveland, 229 F.3d 559, 563 (6th Cir.2000) (citing Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989) (plurality opinion)); Harrison v. Olde Fin. Corp., 225 Mich.App. 601, 572 N.W.2d 679, 683 (Mich.Ct.App.1997) (<HOLDING>). “[DJirect evidence is that evidence which, if 
 Holding statements: (A) holding that title vii of the civil rights act of 1964 provides the exclusive remedy for claims of employment discrimination by federal agencies (B) holding that when the plaintiff presents direct evidence of discrimination federal law provides appropriate guidance for analyzing claims brought under the michigan civil rights act (C) holding that when the plaintiff presents direct evidence of discrimination price waterhouse applies rather than mcdonnell douglas (D) holding that title vii provides the exclusive judicial remedy for claims of discrimination in federal employment (E) holding the court may look to state law for guidance where federal law is not fully developed

A:
holding that title vii of the civil rights act of 1964 provides the exclusive remedy for claims of employment discrimination by federal agencies
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