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.

(Tex.2010) (orig. proceeding). Failure to exhaust administrative remedies creates a jurisdictional bar to proceeding with the claim. See City of Waco v. Lopez, 259 S.W.3d 147, 154 (Tex.2008) (“[Njoncompliance [with Chapter 21’s administrative procedures] deprives courts of subject-matter, jurisdiction.”); Smith v. Univ. of Tex. Sw. Med. Ctr. of Dallas, 101 S.W.3d 185, 188 (Tex.App.-Dallas 2003, no pet.). A would-be Chapter 21 claimant must first file an administrative complaint with the civil rights division of the Texas Workforce Commission. See Tex. Lab.Code Ann. § 21.201(a) .(stating that an aggrieved person “may file a complaint with the commission”); id. § 21.0015 (defining “commission” as “the Texas Workforce ■Commission civil rights division”); Schroeder, 813 S.W.2d at 486-88 (<HOLDING>). The complaint must be filed “not later than 
 Holding statements: (A) holding use of word may generally indicates permissive rather than mandatory intent (B) holding that a states use of the word shall is mandatory language (C) holding that exhaustion is mandatory and jurisdictional (D) holding that administrative exhaustion is mandatory despite legislatures use of the word may (E) recognizing that exhaustion is mandatory and jurisdictional
holding use of word may generally indicates permissive rather than mandatory intent

allege no physical harm resulting from Wells Fargo’s voluntary undertaking of services. See Torrington Co. v. Stutzman, 46 S.W.3d 829, 838 (Tex.2000) (“One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other’s reliance upon the undertaking.” (quoting Restatement (Second) of Torts § 323 (1965))) (emphasis added); see also Vodicka v. Lahr, No. 03-10-00126-CV, 2012 WL 2075713, at *6 (Tex.Ct.App. Jun. 6, 2012) (<HOLDING>). CONCLUSION For the foregoing reasons, we 
 Holding statements: (A) holding that plaintiffs failed to state a claim for negligent undertaking because that tort requires proof of physical harm resulting from failure to exercise reasonable care in rendering services to another and plaintiffs had alleged only economic harm (B) holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself (C) holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm (D) holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn (E) holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort
holding that economic loss rule precluded the plaintiffs tort claims because they only alleged injuries to the subject of the contract itself

class-based, invidiously discriminatory animus behind the conspirators’ action.” Griffin, 403 U.S. at 102, 91 S.Ct. 1790. “[A] plaintiff must allege both that the conspiracy was motivated by discriminatory animus against an identifiable class and that the discrimination against the identifiable 'class was invidious.” Farber, 440 F.3d at 135. Plaintiff has not sufficiently alleged a conspiracy under § 1985 as he has not alleged “the conspiracy was motivated by discriminatory animus against an identifiable class .... ” Ibid. He instead alleges the conspiracy was motivated by Defendants’ desire to cover up their past misconduct or to prevent further litigation, neither of which is sufficient to state a claim under § 1985(3). See Hamilton v. Lajoie, 660 F.Supp.2d 261, 266 (D.Conn.2009)(<HOLDING>). As it is possible that Plaintiff may be able 
 Holding statements: (A) recognizing that the court sanctions more harshly for cumulative misconduct than for isolated misconduct (B) holding that two instances of misconduct do not indicate a persistent and widespread pattern of misconduct that amounts to a city custom or policy of overlooking police misconduct (C) holding that a refusal to make false statements that no misconduct occurred is a very different circumstance  than an affirmative statement of misconduct (D) holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government (E) holding inmates failure to allege that officers misconduct was motivated by raceor classbased discriminatory animus rather than desire to conceal their own misconduct was insufficient under  19853

recognizing that the court sanctions more harshly for cumulative misconduct than for isolated misconduct