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: Plaintiff did not meet the notice requirements of the CFRA and the FMLA. Plaintiff did not notify Defendant in advance that Plaintiff would be absent from March 31, 2014 through April 3, 2014. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo., Exhs. Vol. II. Additionally, Plaintiff did not call in sick or ask someone to call Defendant on his behalf on any of those four days of absence, even though Plaintiff made 26 phone calls to individuals or entities other than McCale or Defendant. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo,, Exhs. Vol. II. Thus, unlike in Avila, upon which Plaintiff relies, Plaintiff did not call in sick during his absence from March 31, 2014 through April 3,2014. See Avila, 165 Cal.App.4th at 1258, 82 Cal.Rptr.3d 440 (<HOLDING>). Moreover, two weeks prior to Plaintiffs 
 Holding statements: (A) holding that an issue is genuine if the evidence is sufficient to allow a reasonable jury to return a verdict for the nonmoving party (B) holding that absence from prior state was temporary during the time it was contemplated that the parent and child would return to the other state (C) holding that spouse was not required to return to work immediately upon divorce to avoid judicial imputation of income (D) holding that calling in sick during an absence and providing hospital forms describing the illness upon return to work is sufficient notice (E) holding a judgment in the absence of notice violates due process rights

A: (D)
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Q: between cases brought under the federal law and those brought under Maine law. While the First Circuit does make a distinction, it ultimately holds that the negligence per se doctrine of Pratico is strictly limited to cases brought under FELA, and it strongly implies that the doctrine will not be expanded. Elliott v. S.D. Warren Co., 134 F.3d 1, 4 (1st Cir.1998). 4 . Castine argues that the trooper testified at trial to matters that he had not previously indicated he would address, and therefore, it was unfairly surprised at trial. Generally, a continuance is the appropriate remedy when a party seeks to admit “surprise" evidence at trial. Because Castine did not seek a continuance, however, it may not now claim unfair surprise. See Pettitt v. Lizotte, 454 A.2d 329, 332-33 (Me.1982) (<HOLDING>). 5 . Because violation of a safety regulation 
 Holding statements: (A) holding the immigration judges denial of a continuance request did not constitute an abuse of discretion (B) holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify (C) holding denial of continuance to be an abuse of discretion (D) holding that trial court did not abuse its discretion by determining expert witness was qualified to testify (E) holding that there was no abuse of discretion in allowing a defendants surprise fact witness to testify because the plaintiff did not request a continuance

A: (E)
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Q: proceeding, an appellant must first obtain a COA. Jackson v. Crosby, 437 F.3d 1290, 1294-95 (11th Cir.2006). The court that issues a COA must “indicate which specific issue or issues,” if any, warrant a COA. 28 U.S.C. § 2253(c)(3). Appellate review is then limited to the issues specified in the COA. Murray v. United States, 145 F.3d 1249, 1250-51 (11th Cir.1998). Here, however, the dis trict court failed to specify which issues or issues warranted a COA. Because the court failed to specify the issue or issues for which it granted a COA, we may do one of two things: (1) remand to the district court for enumeration of issues; or (2) retain jurisdiction and rule on those issues raised by the prisoner that we deem worthy of a COA. See Putman v. Head, 268 F.3d 1223, 1227-28 (11th Cir.2001) (<HOLDING>); Moore v. Campbell, 344 F.3d 1313, 1315 n. 1 
 Holding statements: (A) holding that the district courts failure to enumerate specific issues for review in a coa does not deprive us of appellate jurisdiction (B) holding the scope of appellate review of denial of a habeas petition limited to the issues on which coa has been granted (C) holding that on appeal from the denial of a  2255 motion appellate review is limited to the issues specified in the coa (D) holding that appellate review is limited to the issues specified in the coa (E) holding that appellate review in a habeas ease is limited to the issues specified in the coa

A:
(A)
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