instruction:
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.
question:
that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, 
 Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated
answer:
(B)


question:
Defendants’ Mot. for Summ. Judg. at 22 (“Plaintiffs appear to be claiming that they are entitled to ‘Class of One’ review[.]”)) Furthermore, County Defendants did not explicitly address the appeal issue anywhere in their motion. Given this background, it was not error for the Court to ascribe the “class of one” argument to Plaintiffs’ equal protection challenge, nor was it error for the Court to find that County Defendants had not met their burden on the question of summary judgment. To the extent that County Defendants now contend that Plaintiffs “class of one” argument must fail because no other party has appealed for a waiver, this is a new argument that is not appropriate in a motion for reconsideration. See Haw. Stevedores, Inc. v. HT & T Co., 363 F.Supp.2d 1253, 1269 (D.Haw.2005) (<HOLDING>). Should County Defendants wish to re-visit 
 Holding statements: (A) holding court will generally not consider arguments presented for the first time on appeal (B) holding that reconsideration pursuant to rule 59 cannot be premised on the same arguments presented in the complaint and motions (C) holding that motions for reconsideration are not appropriate if the movant asks the court to hear new arguments or supporting facts that could have been presented originally (D) holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision (E) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration
answer:
(D)


question:
Accordingly, for all the foregoing reasons, we vacate the trial court’s order denying the motion to dismiss and remand for the entry of an order dismissing Walker’s complaint. Judgment vacated and case remanded with direction. Ellington, C. J., and Phipps, P. J., concur. Decided September 6, 2012. Samuel S. Olens, Attorney General, Jennifer L. Dalton, Assistant Attorney General, for appellants. Hube & Tucker, Josh D. Tucker, Douglas G. Exley, for appellee. 1 See Welch v. Ga. Dep’t of Transp., 276 Ga. App. 664, 665 (624 SE2d 177) (2005) (“We review the trial court’s ruling on a motion to dismiss under the de novo standard of review.” (punctuation omitted)). 2 OCGA § 50-21-26 (a) (2). 3 OCGA § 50-21-26 (a) (4). 4 Id. 5 Cummings v. Ga. Dep’t of Juvenile Justice, 2 86 SE2d 826) (1997) (<HOLDING>). Cf. Camp v. Coweta County, 280 Ga. 199, 201 
 Holding statements: (A) holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice (B) holding that owners notice substantially complied with federal requirements because the owner intended to demolish the housing units and noted that ajlthough the notice did not follow the statutory language it would have been misleading had it strictly followed the statute (C) holding that plaintiff complied with plain language of the notice requirement when notice was mailed within statutory period although it was not received until after (D) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice (E) recognizing that the applicant received notice from the plea form even though such notice was not required
answer:

(C)