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.

[Q]: with the same deficiency — the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions.”). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint — so long as it is minimally sufficient to put a defendant on notice of the claims against him — will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) (“Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case.”); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that “[pleading facts not 
 Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion  to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds
[A]: (D)


[Q]: and so require an interpretive step to determine the expressive elements of these processes. However, neither the Supreme Court nor our court has ever drawn a distinction between the process of creating a form of pure speech (such as writing or painting) and the product of these processes (the essay or the artwork) in terms of the First Amendment protection afforded. Although writing and painting can be reduced to their constituent acts, and thus described as conduct, we have not attempted to disconnect the end product from the act of creation. Thus, we have not drawn a hard line between the essays John Peter Zenger published and the act of setting the type. Cf. Minneapolis Star & Tribune Co. v. Minn. Comm’r of Revenue, 460 U.S. 575, 582, 103 S.Ct. 1365, 75 L.Ed.2d 295 (1983) (<HOLDING>). The process of expression through a medium 
 Holding statements: (A) holding that dating is a type of association protected by the first amendment (B) holding that private possession of child pornography is not protected by the first amendment (C) holding first amendment claim requires actual protected conduct (D) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (E) holding that a tax on ink and paper burdens rights protected by the first amendment
[A]: (E)


[Q]: not review the ICC’s refusal to reopen proceedings unless the motion to reopen was based on new evidence of changed circumstances. Id. Because Appellants’ motion to reopen was based on the ground of material error, the District Court found that it was not reviewable. Id. at 279, 107 S.Ct. 2360. Appellants argued that, under this Court’s holding in Friends of the Atgleiv-Susquehanna Trail, Inc., v. S.T.B., when the STB reopened the 1990 NITU for the limited purpose of substituting NWPTA as trail sponsor, it made the reopening order reviewable “for all purposes.” 252 F.3d 246, 260 (3d Cir.2001) (concluding that when the STB explicitly reopens a case, even for a limited purpose, it makes every aspect of the reopening order subject to review); see also BLE, 482 U.S. at 278, 107 S.Ct. 2360 (<HOLDING>). The District Court rejected this argument, 
 Holding statements: (A) holding adjudication order based upon a determination on the merits in juvenile court is a final and appealable order (B) holding order granting a new trial is not a final appealable order because it does not terminate the action or any of the claims or parties in the action (C) holding that when the agency reopens a proceeding for any reason and after reconsideration issues a new and final order setting forth the rights and obligations of the parties that order  even if it merely reaffirms the rights and obligations set forth in the original order  is reviewable on its merits (D) holding that an order by the trial court remanding the cause to the agency to impose a sanction other than the one imposed by the agency was not a final and appealable order because it did not terminate the litigation between the parties on the merits (E) holding a general prediction set forth in order does not constitute final agency action
[A]:
(C)