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: such equitable relief as may be appropriate. 29 U.S.C. § 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a “serious health condition” as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent’s termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set 
 Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996

Answer: holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it


Question: and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant’s reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: “Tolling is available' only ‘when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.’” Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the 
 Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that  2244d is subject to equitable tolling if ae petitioner demonstrates  1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

Answer: holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence


Question: Kan. Stat. Ann. § 76-713. 4 . This decision, therefore, does not address or rule upon the applicability of the Ex parte Young exception to violations of 11 U.S.C. § 525, 11 U.S.C. § 362, or 11 U.S.C. § 524(a)(2); or violations of federal law or regulations not grounded in the Bankruptcy Code, e.g., 34 CFR 682.402(f)(2)(i) ("If the lender [of a loan governed by these regulations] is notified that a borrower has filed a petition for relief in bankruptcy, the lender must immediately suspend any collection efforts outside the bankruptcy proceeding against the borrower."). See, e.g., In re Carson, 150 B.R. 228, 231 (Bankr.E.D.Mo.1993) (discussing whether failure to release transcript violates automatic stay); Buford v. Higher Education Assistance Foundation, 85 B.R. 579, 582 (D.Kan.1988) (<HOLDING>); In the Matter of Heath, 3 B.R. 351 
 Holding statements: (A) holding that the debtor must pay the government interest at the rate the debtor would pay a commercial lender for a loan of equivalent amount and duration considering the risk of default and any security (B) holding that an answer that asserts a counterclaim against a plaintiff who then becomes a bankruptcy debtor is an action or proceeding against the debtor within the meaning of  362a1 notwithstanding the fact that the debtor initiated the lawsuit (C) holding that the bankruptcy court lacked the power under  105a to grant the partial discharge of student loan debt when the debtor did not show undue hardship as required by statute (D) holding that it was not improper for a lender to halt the proposed settlement and discounted payment of plaintiffs loan when the lender believed the loan would otherwise be paid in full (E) recognizing that a debtor may be able to obtain an injunction against a lender for attempting to collect a student loan after the filing of bankruptcy in violation of 34 cfr 682

Answer:
holding that the debtor must pay the government interest at the rate the debtor would pay a commercial lender for a loan of equivalent amount and duration considering the risk of default and any security