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.

[EX Q]: until he received the order in March 2001. While in ordinary circumstances he likely would be faulted for not exercising due diligence to determine the disposition of his motions during the two year period contemplated by the rule, petitioner had no reason to make such an inquiry in this case because he believed that in accordance with the April 1999 order, he had been permitted to withdraw his motions to vacate sentence. Accordingly, we conclude that Snell has pled an adequate basis for avoiding the two year time limitation imposed by the rule. We further conclude that he otherwise timely sought relief to the extent his petition seeking belated appeal was filed within two years of his discovery of the existence of September 1998 order. Cf. Adams v. State, 543 So.2d 1244 (Fla.1989)(<HOLDING>). In response to our order to show cause why a 
 Holding statements: (A) holding that a rule 3850 motion based upon new facts or a significant change in the law must be filed within two years of the time such facts become known or such change is announced (B) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (C) holding that a subsequent petition may be filed upon a showing of a change in circumstances (D) holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms (E) holding that a change in the law of sentencing does not constitute a new factor
[EX A]: (A)

[EX Q]: but rather whether there is at least one common question that will generate a common answer “apt to drive the resolution of the litigation.” Wal-Mart, 131 S.Ct. at 1225 (internal quotation marks and citation omitted); see also Wang, 737 F.3d at 544 (“[s]o long as there is even a single common question, a would-be class can satisfy the commonality requirement of Rule 23(a)(2).”). Here, the question of whether using the name-only matching logic assures maximum accuracy is such a question. See Acosta v. Trans Union LLC, 243 F.R.D. 377, 384 (C.D.Cal.2007) (common question of whether defendants maintained reasonable procedures to assure maximum accuracy satisfied commonality prerequisite); Clark v. Experian Information Solutions, Inc., 2001 WL 1946329, at *2 (D.S.C. March 19, 2001) (<HOLDING>). Rule 23(a)(2) is satisfied for the FCRA 
 Holding statements: (A) holding that the defendant conceded the accuracy of his prior convictions in his psi report by failing to object to the report (B) holding that certain information on police blotter show up and arrest sheets and front page of offense report are public information (C) holding that the plaintiff sufficiently pleaded a violation of the fcra based on extraneous information where it was alleged that the document included broad language regarding disclosure of the information the accuracy of the information the consequences of providing a false statement and the effect of a photocopy (D) holding that question of what reasonable procedures if any have been set up by the defendants to assure maximum accuracy of the information contained in the consumer report including information regarding or related to bankruptcy among other questions satisfied the commonality requirement of rule 23a2 (E) holding that the right of access to government information or sources of information within the governments control is not mandated by the first or fourteenth amendments
[EX A]: (D)

[EX Q]: by the Motor Carrier Act”). I. Allegations in Complaint The court notes initially that in the complaint, Plaintiffs allege that “[a]t all times relevant TBC was not a ‘motor carrier’ as that term is used in the ’Motor Carrier’ exemption of the FLSA.” (Compl. Par. 11). Plaintiffs further allege that “[a]t all times relevant, the armored truck messengers were not covered by the Motor Carrier exemption of the FLSA.” (Compl. Par. 11). Such allegations in the complaint are legal arguments and legal conclusions rather than factual allegations. Thus, even if this court were to proceed under the motion to dismiss legal standard, such assertions by Plaintiffs in the complaint would not be controlling at this juncture. See Cty. of McHenry v. Ins. Co. of the West, 438 F.3d 813, 818 (7th Cir.2006)(<HOLDING>)(internal quotations omitted)(quoting Hickey v. 
 Holding statements: (A) holding that a court is not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged (B) holding that at the motion to dismiss stage a court is not obliged to accept as true legal conclusions (C) holding that a court is not bound to accept as a true legal conclusion couched as a factual allegation and should disregard mere conclusory statements (D) holding prior to twombly that courts were not required to accept the truth of legal conclusions contained in a plaintiffs complaint (E) holding that the court need not accept as true  unwarranted factual inferences
[EX A]:
(B)