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: it is not plainly erroneous or inconsistent with the regulation”). B. Whether the FDIC Properly Determined the Amount of Deposit Insurance to Which Plaintiffs Were Entitled under the Regulations Applicable on August 8, 2008 18. The FDIC’s deposit insurance determinations are governed the regulations set forth in 12 C.F.R. Part 330. Regulations governing recognition of deposit ownership and fiduciary relationships note that, except in circumstances not relevant here, when “determining the amount of insurance available to each depositor, the FDIC shall presume that deposited funds are actually owned in the manner indicated on the deposit account records of the insured depository institution.” 12 C.F.R. § 330.5(a)(1). See also Villafane-Neriz v. F.D.I.C., 75 F.3d 727, 731 (1st Cir.1996) (<HOLDING>). “Deposit account records” include “account 
 Holding statements: (A) holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account (B) holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling (C) holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law (D) holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate (E) holding that records relating to a student court were not education records
Example Output: holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account

Example Input: stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service
Example Output: holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca

Example Input: the district court would have been de facto granting a continuance by declaring a mistrial and summoning new jurors. We decline here to find that the district court abused its discretion in denying a mistrial when the defendant’s own misconduct caused the alleged impartiality of the jurors and the court took reasonable steps to ensure the jurors could serve impartially. Williams v. Woodford, 306 F.3d 665, 723-24 (9th Cir.2002) (“The Sixth Amendment affords no relief when the defendant’s own misconduct caused the alleged juror partiality and the trial judge employed reasonable means under the circumstances to preserve the trial’s fairness”) (citing United States v. Hernandez, 952 F.2d 1110, 1116-18 (9th Cir.1991)). See also United States v. Harris, 2 F.3d 1452, 1456 (7th Cir.1993) (<HOLDING>). Because the district court afforded the 
 Holding statements: (A) holding that law will not permit insured to profit from his own breach of contract when insured disregarded his contractual obligation to cooperate with insurer (B) holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset (C) holding that a defendant should not profit from his own outburst (D) recognizing in context of fraudulent nondisclosure cases that a defendant may reasonably expect the plaintiff to make his own investigation draw his own conclusions and protect himself (E) holding that outofstate plaintiff had procured his own absence at trial of his case where record contained no intimation that his absence resulted from any reason other than his own volition
Example Output:
holding that law will not permit insured to profit from his own breach of contract when insured disregarded his contractual obligation to cooperate with insurer