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]: limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace’s remaining contentions lack merit. 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction
[A]: (D)


[Q]: 669 (1971). Although Plaintiff requests resolution of seemingly unsettled State law questions, the issues at bar fall squarely within the Burford parameters: Plaintiff has presented difficult issues of state law, gaming is arguably an area of important state policy in Texas, and the Texas Lottery Commission (TLC) provides the unified State enforcement mechanism for some aspects of gaming law in Texas. Moreover, both the TLC and Office of the Attorney General provide an administrative procedure for organizations and individuals to request advisory opinions regarding the legality of proposed gaming actions. Certification to the Texas Supreme Court to answer the state law question at issue here would be ideal. See Lehman Bros. v. Schein, 416 U.S. 386, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974)(<HOLDING>). However, under the Texas Constitution, 
 Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that certification of a remand order divests federal court jurisdiction (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that it was proper in determining certification to consider whether certification would foster the settlement of the case with advantage to the parties and with great savings in judicial time and services (E) holding that certification to the state supreme court rests in the sound discretion of the federal court and that certification in the long run saves time energy and resources as well as helps to build a cooperative judicial federalism
[A]: (E)


[Q]: if they are to be successful in this appeal. It is important to note initially that the “Corrected Release” executed by the appellants is of no consequence to this appeal. By failing to assert the validity of the “corrected” releases in their point relied on or their argument, the appellants have abandoned any claim that the “Corrected Release” has legal force or effect in its own right which can be asserted against the respondent. See Black v. Cowan Const. Co., 738 S.W.2d 617, 619 (Mo.App.1987) (in applying Rule 84.04(d) which mandates that the point relied on contain the action or ruling of the court sought to be reviewed, the Court stated that violations of Rule 84.04(d) can cause abandonment of an argument on appeal); see also Cox v. Crider, 721 S.W.2d 220, 225 (Mo.App.1986), (<HOLDING>). Further, the original release executed by the 
 Holding statements: (A) holding that an appellate court is not required to review an appellants point relied on which appears without citation of applicable or relevant authority (B) holding that the governments failure to argue harmless error results in a waiver of the argument (C) holding that the failure to identify or argue an issue in an opening brief constitutes waiver of that argument on appeal (D) holding that if an individual is possessed of state authority and purports to act under that authority his action is state action (E) holding that a failure to argue a point of error on appeal or produce supportive authority or state that there is no supporting authority acts as abandonment
[A]:
(E)