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.

evidence sufficient to create a genuine factual dispute.” Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous “general denial”: that he has either “refused to accept” his severance pay, or that such pay was never “conveyed” to him.” Pl.’s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to 
 Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face
(B)

(8th Cir.2007)). “Continuances are generally disfavored and are not granted without a compelling reason.” Id. We have held the FSA is not retroactive. See United States v. Smith, 632 F.3d 1043, 1047-49 (8th Cir.2011) (concluding “the general savings statute, 1 U.S.C. § 109, requires us to apply the penalties in place at the time the crime was committed”) (quoting United States v. Brewer, 624 F.3d 900, 909-10 n. 7 (8th Cir.2010) (internal quotation marks omitted)); United States v. McBride, — Fed.Appx. -,-, No. 10-2689, 2011 WL 2206725, at *2 (8th Cir.June 8, 2011) (unpub. per curiam). But even if we assume Woods can show prejudice, Woods fails to provide any support for his contention the district court abused its discretion in denying his motion. See id. at-, 2011 WL 2206725, at *3 (<HOLDING>); United States v. Hawthorne, 414 Fed.Appx. 
 Holding statements: (A) holding the district court did not abuse its discretion in denying a second continuance until congress acted on the fsa and assuming error no prejudice exists because the fsa is not retroactive (B) holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing (C) holding that the hearing officer did not abuse her discretion in denying a continuance because she acted within reason by accommodating the attorney (D) holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice (E) holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form
(A)

only for the payment of deferred compensation only from the company’s general assets. Under the plans, plaintiffs assume the risk that if Opus West suffered financial setbacks or became insolvent, their deferred compensation would be significantly reduced or eliminated. Plaintiffs identify no cognizable property interest in the company’s general assets that would confer RICO standing. While under the terms of the deferred compensation agreements, plaintiffs are unsecured creditors of Opus West to the extent of the deferred compensation benefits they claim, this does not give them a property interest in the company’s general assets. The most it does is convey a general interest in the company’s estate. See In re The Colonial BancGroup, Inc., 436 B.R. 695, 707 n. 17 (Bankr.M.D.Ala.2010) (<HOLDING>). See also In re Downey Regional Medical 
 Holding statements: (A) holding that party that did not establish ownership in specific funds was a general creditor that only had a right to payment (B) holding that executives participating in an unfunded top hat plan had no ownership interest in the  funds that could be forfeited the funds remain part of the general assets of the corporation subject to the claims of its general creditors (C) holding that funds deposited with ing were property of the bankruptcy estate because the ing account was held in the debtor hospitals name and the plan documents plainly provided that compensation deferred under the plan would remain part of the hospitals unrestricted assets and would not be held in trust the plan was unfunded and the hospitals obligations were purely contractual in nature the participation agreement that the doctor executed similarly acknowledged that any contributions to the ing account remained the sole property of the company based on these undisputed facts the bankruptcy court correctly determined that the doctor held no interest in the ing account funds (D) holding that the receiver for a corporation had no standing to sue for inter alia receipt of funds fraudulently obtained fraud and unjust enrichment even though he was appointed on behalf of all the creditors because those were claims of the creditors not of the corporation (E) holding that the funds in the privatelyheld corporations account belonged to the corporation not to the individuals who owned the corporation and expressly stating that directors officers and shareholders of a corporation do not have standing to claim an ownership interest in corporate property in their individual capacities they must state a claim in the corporate name

(B)