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.

Dr. Brewer’s reports addressed the conduct of OGA’s employees, Drs. Jacobs and Gunn, the reports identified Dr. Gunn as OGA’s employee, and McCoy’s original petition alleged that OGA was vicariously liable for the conduct of Jacobs and Gunn under the doctrine of respondeat superior and the requirements of the Texas Professional Association Act. See Troeger v. Myklebust, 274 S.W.3d 104, 110 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (rejecting claim that conduct of dentist, who was sole defendant, was not implicated because her name was omitted from expert report and holding that dentist waived challenges to expert report by failing to raise objections within twenty-one days after service); Univ. of Tex. Sw. Med. Ctr. v. Dale, 188 S.W.3d 877, 879 (Tex.App.-Dallas 2006, no pet) (<HOLDING>). In response, OGA disputes that its conduct 
 Holding statements: (A) holding that medical center was not required to be named in expert report addressing its residents conduct because plaintiffs alleged no directliability claims against it and noting that medical center was implicated in report and so waived all its objections when it failed to object to sufficiency of report within twentyone days after service (B) holding that causation section of expert medical report was not eonclusory when read in context of entire report (C) holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation (D) holding that expert report addressing hospitals conduct was not required when plaintiffs sole theory against hospital was vicarious liability based on ostensible agency and explaining that the conduct by the hospital on which the agency relationship depends is not measured by a medical standard of care these are principles of agency law on which no expert report is required (E) holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a
holding that causation section of expert medical report was not eonclusory when read in context of entire report

to overcome this presumption by persuading the finder of fact, by a prepon derance of the evidence, that the income tax assessments are erroneous. See Sullivan v. United States, 618 F.2d 1001, 1008 (3d Cir.1980). Klimek has failed to offer any evidence that the tax assessments are incorrect in the amount the Government claims. He has never challenged in the Tax Court the Notices of Deficiency or the Certificates of Assessments and Payments for tax years 1980 through 1988 and 1990 through 1992. Nor has Klimek ever rebutted or even responded to the Government’s requests for admissions regarding tax years 1980 through 1988 and 1990 through 1992, except to return them with the words “Refused for Fraud” scrawled across them. See Lane v. United States, 328 F.2d 602, 603 (5th Cir.1964) (<HOLDING>). Given the fact that Klimek bears the burden 
 Holding statements: (A) holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances (B) holding that a trial court is not required to convert a motion to dismiss to a motion for summary judgment where external evidence is submitted if the external evidence is irrelevant to the issue (C) holding that if no countervailing evidence is introduced the trial court is  justified in fact required to enter summary judgment for the government the amount of the taxes proved to be due (D) holding that summary judgment is appropriate when no issue of material fact exists and the court is reviewing administrative record for sufficiency of evidence (E) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion
holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances

of their prolonged detention. The Supreme Court outlined the history of the writ prior to the adoption of the Constitution as a means to protect the rights of the detained by affirming the duty and authority of the Judiciary to call the jailer to account. Boumediene, 553 U.S. at 745, 128 S.Ct. 2229. The Court described how the writ historically has served as a bulwark against tyranny by providing a judicial forum to protect against the practice of arbitrary imprisonments. See id. at 744, 128 S.Ct. 2229. Here, Petitioner is challenging the legality of her expedited removal from the United States, not her detention. Her detention is merely the constitutionally permissible part of that process. See Demore v. Hyung Joon Kim, 538 U.S. 510, 523, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003) (<HOLDING>). In this case, the separation-of-powers 
 Holding statements: (A) recognizing detention during deportation proceedings as a constitutionally valid aspect of the deportation process (B) holding that the doctrine of res judicata applies to deportation proceedings (C) holding that being placed in removal proceedings rather than deportation proceedings does not violate a petitioners due process rights (D) holding that res judicata applies in deportation proceedings (E) holding that no deportation order may be entered unless it is found by clear unequivocal and convincing evidence that the facts alleged as grounds for deportation are true

holding that the doctrine of res judicata applies to deportation proceedings