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.
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Question: even if the 1993 judgment was final and appealable, they may challenge the merits of the 1993 judgment in this appeal from the 1995 order. This appeal is untimely only if the District Court’s 1993 decision — which ordered only that ISP submit a plan to remedy the constitutional flaws in its policy — was a final judgment, appealable to this Court under 28 U.S.C. § 1291. We believe that the District Court’s 1993 order was no more final under § 1291 than the one at issue in Sherpell v. Humnoke School Dist., 814 F.2d 538 (8th Cir.1987), which held that a district court order to a school district to submit a plan to remedy an unconstitutional atmosphere of racial hostility was not an appealable final judgment. Id. at 539; see also Hendrickson v. Griggs, 856 F.2d 1041, 1044 (8th Cir.1988) (<HOLDING>). The November 1995 judgment is, therefore, the 
 Holding statements: (A) holding that an order of consolidation is interlocutory and not immediately appealable (B) holding that the modification or dissolution of an injunction in a limitation of liability proceeding is appealable as a matter of right under  1292a1 (C) holding an order denying a motion for summary judgment is interlocutory and not appealable (D) holding injunction ordering prison to submit plan for reformation of unconstitutional prison conditions not appealable as interlocutory order under 28 usc  1292a1 (E) holding that a rehearing order is interlocutory and not appealable

Answer: holding that an order of consolidation is interlocutory and not immediately appealable


Question: would allow for the award of attorney fees whenever a statute or contract provides for one side to pay expenses, even when such attorney fees were not contemplated. The majority opinion sets a dangerous precedent in this regard. Therefore, I do not join in the majority’s opinion that the term “expenses” as used in section 13-7-4(d) includes attorney fees, but would hold that because that section does not specifically provide for an award of attorney fees, such award was improper here. For the reasons stated above, I concur in the majority’s determination that the trial court improperly awarded attorney fees to defendant Newspaper Agency Corporation. However, I dissent rs of Am. v. Champion Int’l Corp., 790 F.2d 1174 (5th Cir.1986); In re Olliff, 258 Ga. 157, 366 S.E.2d 289, 289 (1988) (<HOLDING>); Head v. Savage, Minn., 255 N.W.2d 32, 38 
 Holding statements: (A) holding that an award for medical expenses is proper when the expenses have been incurred but not paid (B) holding that costs and expenses are to considerable degree synonymous (C) holding that the bankruptcy court properly disallowed fees when the bank could not demonstrate actual costs and expenses beyond its normal operating costs attributable to the debtors loan (D) holding that federal express costs telephone expenses and postage expenses did not qualify as taxable costs (E) holding that expenses refers to costs

Answer: holding that an award for medical expenses is proper when the expenses have been incurred but not paid


Question: is frivolous because the Court has yet to resolve the question of immunity in the first instance. See, e.g., Apostol, 870 F.2d at 1339 (“a notice of appeal may be so baseless that it does not invoke appellate jurisdiction ... [where] the district judge has not finally resolved the question of immunity”). B. Limited Jurisdictional Discovery Does Not Infringe on Sovereign Immunity The Country of Curacao and the Kingdom of the Netherlands contend that any discovery, including limited jurisdictional discovery, infringes on their presumptive sovereign immunity. (DE # 216, at 3). Generally, sovereign immunity shields defendants not only from judgment, but from the litigation process, including discovery. See, e.g., Rubin v. The Islamic Republic of Iran, 637 F.3d 783, 785 (7th Cir.2011) (<HOLDING>). The instant situation, however, is an 
 Holding statements: (A) holding district courts order permitting general asset discovery prior to ruling on alleged exception to the fsia infringed on sovereign immunity (B) holding that licensing the exploitation of natural resources is a sovereign activity under the fsia (C) recognizing the need for limited jurisdictional discovery to establish exception to the fsia (D) holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law (E) holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable

Answer:
holding that licensing the exploitation of natural resources is a sovereign activity under the fsia