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.

[EX Q]: otherwise nonremovable claims or causes of action, the entire case may be removed and the district court may determine all issues therein, or, in its discretion, may remand all matters in which State law predominates. 28 U.S.C. § 1441(c). While the amended third-party complaint alleges a claim involving a federal question against the Chase Defendants, the Circuits are split on whether section 1441(c) permits removal by a third-party defendant. Compare Lewis v. Windsor Door Co., 926 F.2d 729, 733 (8th Cir.1991) (‘We do not ... believe § 1441(c) was intended to effect removal of a suit, not otherwise within federal jurisdiction, because of the introduction of a third-party claim.” (internal quotations omitted)) and First Nat’l Bank of Pulaski v. Curry, 301 F.3d 456, 465 (6th Cir.2002) (<HOLDING>) with Carl Heck Eng’rs, Inc. v. Lafourche 
 Holding statements: (A) holding that review of an original removal decision and a subsequent removal order are distinct (B) holding that removal under section 1441c may only be done by the original defendant (C) holding that  1441c does not allow the remand of claims that are not separate and independent (D) recognizing that  1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature (E) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand
[EX A]: (B)

[EX Q]: While R.E. concerned the use of retrospective testimony by DOE to support a finding that it provided a child a FAPE, the court’s rejection of E.Z.-L.’s substantive challenge introduced doubt about whether parents could prospectively challenge their child’s educational placement without first enrolling the child in the recommended placement school. DOE argued that R.E. foreclosed all such prospective challenges on the basis that they are inherently speculative. The argument found some acceptance. See, e.g., E.E. v. N.Y.C. Dep’t of Educ., No. 13 Civ. 6709, 2014 WL 4332092, at *10 (S.D.N.Y. Aug. 21, 2014) (rejecting prospective challenge as “impermissibly speculative and premature”); P.S. v. N.Y.C. Dep’t of Educ., No. 13 Civ. 4772, 2014 WL 3673603, at *13 (S.D.N.Y. July 24, 2014) (<HOLDING>). But most courts did not adopt this hardline 
 Holding statements: (A) holding that no special relationship existed between the school and student (B) holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement (C) holding that the sro correctly concluded that a challenge tothe does choice of school is improper where the student never attended the school (D) holding that where a high school student and the students mother received adequate notice of the charges had sufficient opportunity to prepare for the meeting with school personnel were accorded an orderly hearing and were given a fair and impartial decision no due process violation occurred even though the school failed to provide advance notice that the potential disciplinary actions included a transfer to another school (E) holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver
[EX A]: (C)

[EX Q]: his relatively straightforward FOIA case unaided, the magistrate did not need to go any further. In addition, we reject Willis’s contention that the court erred in selecting Local Civil Rule 83.11 as the appropriate standard rather than Poindexter’s multifactor test. The Poindexter criteria are the plaintiffs ability to afford an attorney; the merits of the plaintiffs case; plaintiffs efforts to secure counsel; and the capacity of the plaintiff to present the case adequately without the aid of counsel. 737 F.2d at 1185 be considered include the indigent’s ability to conduct whatever factual investigation is necessary, the complexity of the factual and legal issues, and the capability of the indigent litigant to present the case); Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir.1982) (<HOLDING>). Because the district court acted within its 
 Holding statements: (A) holding that a 22month delay was particularly understandable and largely neutral with respect to the first barker factor given the presence of multiple defendants the large number of allegations and the complexity of the charges and evidence (B) holding that although the guidelines should be the starting point and the initial benchmark of calculating a proper sentence the district court should then consider all of the  3553a factors to determine whether they support the sentence requested by a party (C) holding that when evaluating a settlement agreement the court is not to substitute its judgment for that of the parties nor is it to run consideration of the adequacy of the settlement into a trial or a rehearsal of the trial  rather the cjourts responsibility is to reach an intelligent and objective opinion of the ultimate success should the claims be litigated and to form an educated estimate of the complexity expense and likely duration of such litigation and all other factors relevant to a full and fair assessment of the wisdom of the proposed compromise (D) holding that representation by counsel until the first day of trial likely exposed the defndant to the complexity of his case and the legal process (E) holding that courts should consider a number of factors including the type and complexity of the case and whether the indigent is capable of adequately presenting the case
[EX A]:
(E)