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.

Q: some recognized legal théory. Spinale v. U.S. Dep’t of Agric., 621 F.Supp.2d 112, 119 (S.D.NY 2009) (McMahon, J.) aff'd sub nom., 356 Fed.Appx: 465 (2d Cir.2009). However, a complaint containing “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged” will survive a motion to dismiss. See Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). B. Prison Litigation Reform Act As a threshold matter, the parties dispute whether the Prison Litigation Reform Act (“PLRA”) bars Plaintiffs from recovering compensatory damages. In relevant part, the statute states that “[n]o Federal civil action may be brought by a priso N.Y.2002) (Scheindlin, J.) aff'd, 56 Fed.Appx. 43 (2d Cir.2003) (<HOLDING>). For the well-articulated reasons in Judge 
 Holding statements: (A) holding that the relevant time of inquiry is the date of the filing of the complaint (B) holding with respect to another part of the plra that the court must determine the prisoners status on the date the suit or appeal is brought rather than at some other time (C) holding that the plra only applies to plaintiffs who are incarcerated at the time an action is commenced (D) holding that the plra bar applies to lawsuits brought by inmates regardless of whether the inmate is incarcerated at the time of filing or whether the plaintiff is subsequently paroled sentenced or released (E) holding that the donovan rule applies regardless of whether the injunction is issued before or after the federal court filing

A: (D)
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Q: the defendant’s applicable guideline range because of the operation of another guideline or statutory provision (e.g., a statutory mandatory minimum term of imprisonment).” Id., app. note 1(A). In November 2007, the Sentencing Commission issued Amendment 706, which reduced the base offense level for crack cocaine offenses under § 2Dl.l(c) by two levels. See U.S.S.G. App. C, Amend. 706 (Nov. 1, 2007). The Commission later made the amendment retroactively applicable. See U.S.S.G. App. C, Amend. 713 (Supp. May 1, 2008). As indicated, Jefferson sought to have his sentence reduced as result of those amendments. However, they do not apply here because Jefferson was sentenced to a mandatory minimum sentence required by statute. See United States v. Doe, 564 F.3d 305, 311-12 (3d Cir.2009) (<HOLDING>). Because the District Court did not abuse its 
 Holding statements: (A) holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum  not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures  and thus them ultimate sentences  were based (B) holding that a defendant whose original sentence was based upon the careeroffender guideline and not  2d11 could not receive a sentence reduction based on amendment 706 because it did not have the effect of lowering the applicable guideline range (C) holding that while amendment 706 was applicable to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline (D) holding that amendment 706 did not have the effect of lowering the applicable guideline range where the defendants received statutory mandatory minimum sentences and thus the defendants were not eligible for relief under  3582 (E) holding that while amendment 706 was applica ble to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline

A: (D)
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Q: amendment is not futile. Moreover, “the statute of limitations under the New York State Labor Law is six years, posing no hurdle to amendment here.” Hosking v. New World Mortg., Inc., 602 F.Supp.2d 441, 446 (E.D.N.Y.2009). However, with respect to plaintiff Vanderheydt, the Court finds that it lacks sufficient information to determine whether the proposed amendment would be futile because the Proposed Second Amended Complaint fails to provide the time period in which Vanderheydt contends he was denied minimum wage and overtime compensation in violation of the FLSA. Generally, the absence of such information from a complaint is grounds for dismissal pursuant to Fed.R.Civ.P. 12(b)(6). See DeSilva v. North Shore-Long Island Jewish Health Sys., Inc., 770 F.Supp.2d 497, 509 (E.D.N.Y.2011) (<HOLDING>). On the other hand, “the statute of 
 Holding statements: (A) holding that flsa which provides an exemption from the acts wage and overtime provisions for fishermen preempts claims under alaskas minimumwage and overtime statute (B) holding that a plan administrators decision to deny benefits was arbitrary and capricious even though an attending physician had submitted a form stating the plaintiff could sit for six hours stand for two hours and walk for two hours (C) holding that to state a claim for wage violations under the flsa plaintiffs must provide at least some approximation of the overtime hours that defendants required them to work and a time frame for when those hours were worked (D) holding that the flsa does not prohibit changes in wage rates it prohibits the payment of overtime at less than one and onehalf times the regular wage rate (E) holding illinois wage law only applied where at least some work was performed within the state

A:
(C)
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