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.

of action to be known as “civil action”[,]’ the statute authorizing foreclosures by action compelled such suits to be brought in equity”) (some brackets added and some in original); Bank of Hawaii v. Davis Radio Sales and Service, Inc., 6 Haw.App. 469, 480-81, 727 P.2d 419, 427 (1986). A complaint in equity is an appeal to the exercise of the equity court’s sound discretion, Fleming v. Napili Kai, Ltd., 50 Haw. 66, 430 P.2d 316 (1967). Equity jurisprudence is not bound by strict rules of law, but can mold its decree “to do justice,” id.,' and a court of equity, once having assumed jurisdiction, may retain the case to afford complete relief. Tugaeff v. Tugaeff, 42 Haw. 455 (1958). Id. at 481, 727 P.2d at 427. See also Forte v. Nolfi, 25 Cal.App.3d 656, 692, 102 Cal.Rptr. 455, 479 (1972) (<HOLDING>). Accordingly, the circuit court had the power 
 Holding statements: (A) holding that mers is capable of being a valid beneficiary of a deed of trust and that while entitlement to enforce both the deed of trust and the promissory note is required to foreclose nothing requires those documents to be unified from the point of inception of the loan (B) holding that a promissory note is not enforceable against a party who signed the deed of trust but did not sign the promissory note inasmuch as promissory notes and deeds of trust are separate legal documents with unique purposes (C) holding that while nondebtor purchase money deed of trust can be described as part of the same transaction by which the buyer acquired debtors real property that does not elevate the deed of trust to status of something under a plan confirmed (D) holding that when note and deed of trust were null and void and of no legal effect because of forgery assignee of note and deed of trust nevertheless had equitable lien upon property for value of construction work for which note and deed of trust were given (E) holding that a beneficiary under a deed of trust was entitled to reformation of the grantors deed
holding that mers is capable of being a valid beneficiary of a deed of trust and that while entitlement to enforce both the deed of trust and the promissory note is required to foreclose nothing requires those documents to be unified from the point of inception of the loan

and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant’s reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: “Tolling is available' only ‘when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.’” Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the 
 Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that  2244d is subject to equitable tolling if ae petitioner demonstrates  1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence
holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

(explaining that Habeas Counsel was “finally ... able to retrieve [the] materials from prior counsel”; that “[t]he boxes were a mess”; and that Habeas Counsel was “on trial for several weeks and could not devote needed attention to this project” (emphases added)).) And after retrieving and reorganizing the materials, Habeas Counsel allowed another forty-seven days to elapse before he sent the Coram Nobis Petition on October 16, 2006-notwithstanding when it was actually stamped filed. Cf. Lee v. Portuondo, No. 02-CV-3990, 2008 WL 22173078, at *2 (E.D.N.Y. Aug. 29, 2003) (concluding that the petitioner’s three attempts to obtain files in the one-year limitations period did not constitute a diligent effort); Lewis v. Walsh, No. 03-CV-1932, 2003 WL 21729840, at *3 (S.D.N.Y. July 25, 2003) (<HOLDING>). But even assuming that Petitioner’s and 
 Holding statements: (A) holding that agency demand letters are not suits (B) holding demand letter written prior to and during litigation absolutely privileged (C) holding that petitioners sending sporadic letters requesting documents written with lengthy delays between each letter was not a sufficiently diligent effort (D) holding that documents did not substantially comply where copies of letter of credit and promissory note were submitted and letter of credit required originals (E) holding defendants were entitled to a decision on the merits on rule 11 sanctions where they substantially complied with rule 11c1a by sending a letter rather than serving a motion

holding that agency demand letters are not suits