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.

Example Input: motions). The Second Circuit has not yet announced a specific standard for exercising the district court’s discretion in ruling on such a motion. The Second Circuit has, however, stated that: “[o]nly ‘reasonably genuine surprise’ on the part of the appellant, Moylan v. Siciliano, 292 F.2d 704, 705 (9th Cir.1961), combined with an assertion of the nature of the additional evidence, Berns v. Pan Am. World Airways, 667 F.2d 826, 829 (9th Cir.1982), would give us sufficient reason to remand for the taking of additional evidence.” Air et Chaleur, S.A. v. Janeway, 757 F.2d 489, 495 (2d Cir.1985); see also Matthew Bender & Co., 158 F.3d at 679 (upholding district court’s decision to permit party to re-open a hearing where (1) additional evidence was material, (2) opposing part (S.D.N.Y.1994) (<HOLDING>). I shall consider the issue of Plaintiff’s 
 Holding statements: (A) holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them (B) holding that an appellate court is not required to search the appellate record with no guidance from the briefing party to determine if the record supports the partys argument (C) holding that the party moving for summary judgment waived its argument that the opposing partys affidavit should not be considered because the moving party never objected to the timeliness of the affidavit to the trial court (D) holding that when appraising a partys motion to reopen the record posttrial the court must consider 1 whether or not the moving partys failure to submit evidence was the result of its own lack of diligence 2 the extent to which reopening the record might prejudice the nonmovant and 3 where the interests of justice lie (E) holding the moving party must meet its burden by showing  that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case
Example Output: holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them

Example Input: money judgment can be satisfied out of any of the defendant’s assets.” Billman, 915 F.2d at 920 (citing United States v. Ginsburg, 773 F.2d 798, 800-03 (7th Cir.1985)). Consequently, after a conviction on a forfeiture count, the district court may order forfeiture of the defendant’s substitute assets. The Billman Court then examined the question of whether substitute assets could be restrained pending trial and ruled in the affirmative. 915 F.2d at 920-21. With an eye to the remedial purposes of the forfeiture statute, the court read the provision allowing for a restraining order in connection with the substitute assets provision as calling for the preservation and restraint of substitute assets pending trial. Id. at 921; see also United States v. Skiles, 715 F.Supp. 1567 (N.D.Ga.1989) (<HOLDING>). The Fourth Circuit in Billman relied on 
 Holding statements: (A) holding that additional witnesses were not needed to corroborate the defendants drug abuse problems because counsel had already introduced sufficient evidence of drug use (B) holding that prior drug trafficking conviction was admissible to prove intent to distribute (C) holding that a state conviction is a drug trafficking offense because the trafficked drug is listed in a csa schedule (D) holding in the drug trafficking context that the government is allowed to restrain additional assets pretrial to ensure sufficient assets for forfeiture (E) recognizing the connection between guns and drug trafficking
Example Output: holding that additional witnesses were not needed to corroborate the defendants drug abuse problems because counsel had already introduced sufficient evidence of drug use

Example Input: applies to receivers appointed by state courts, and the Court determines that it does not. Section 959(a) does not permit maintenance of this action against Lighthouse because Lighthouse was appointed by a state court, (emphasis added). Following Republic Bank, other courts have similarly held that section 959(a) applies only to receivers appointed by federal courts, not state courts. See Freeman v. Cty. of Orange, 2014 WL 12668679 (C.D. Cal. 2014) (concluding that 28 U.S.C. § 959(a) “has no application to a receiver appointed by a state court,” and therefore, the Bartondoctrine was applicable to the plaintiffs claims); In re Jefferson County, Alabama, 484 B.R. 427, 456-458 (Bankr. N.D. Ala. 2012); Republic Bank of Chi. v. Lighthouse Mgmt. Grp., Inc., 829 F.Supp.2d 766 (D. Minn. 2010) (<HOLDING>). Based bn the above cited cases, we conclude 
 Holding statements: (A) holding that section 959a only applies to receivers appointed by federal courts not state courts (B) holding federal courts are bound by state court determinations of state law (C) recognizing that decisions of lower federal courts interpreting federal law are not binding on state courts (D) holding that a federal courts dismissal of state claims without prejudice is not res judicata as to adjudication in either state or federal courts (E) holding that state courts in construing and interpreting state law are not bound by the decisions of federal courts
Example Output:
holding federal courts are bound by state court determinations of state law