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.
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Question: likely causes of the engine failure are related to components of the oil delivery system, components of the cylinder assembly, cracked crankcase or an oil leak in general, etc.” As such, the Court finds that Mr. Klepacki’s opinion regarding the more likely causes of engine failure should be excluded. Plaintiffs Expert Donald Sommer Even assuming, without deciding, that Mr. Sommer is qualified to testify as an expert on piloting and accident reconstruction, including engine failure analysis, the Court must still find that the process he used in forming his expert opinion is suffi ciently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc., 326 F.3d at 1342 (stating that “one may be considered an expert but still offer unreliable testimony”); cf. McCorvey, 298 F.3d at 1257 (<HOLDING>). The Court must also find that the testimony 
 Holding statements: (A) holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial (B) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (C) holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable (D) holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge  (E) holding that rjulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

Answer: holding that federal rules of evidence require trial courts to hold hearingsreferred to as daubert hearingsto determine reliability of scientific expert testimony before admission at trial


Question: and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant’s reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: “Tolling is available' only ‘when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.’” Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the 
 Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that  2244d is subject to equitable tolling if ae petitioner demonstrates  1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

Answer: holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence


Question: (2) that she was similarly situated to an employee who was not a member of the protected class; and (3) that she and the similarly situated person were treated disparately”). 6 . McGill cites the testimony of secretary Ida Kingsberry as assertedly supporting her claim that none of the other secretaries who participated in the class were required to compensate for extra time away from their desks. See McGill Br. at 8, 11; Amicus Br. at 44-45. Kingsberry, however, did not testify that she (or any of the others) took off more than the lunch hour. To the contrary, Kingsberry testified that she “d[id] not ... think that Thu McGill was treated less favorably than others” in the department. J.A. at 375. 7 . See Neuren v. Adduci, Mastriani, Meeks & Schill, 43 F.3d 1507, 1514 (D.C.Cir.1995) (<HOLDING>). 8 .Cf. Aka, 156 F.3d at 1289 (noting that one 
 Holding statements: (A) holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired (B) holding that plaintiff failed to show she was similarly situated to her comparators without evidence that they shared the similar attributes experience education and qualifications relevant to the position (C) holding that in order for plaintiff to prove that she was similarly situated to three other employees she had to demonstrate that all of the relevant aspects of her employment situation were nearly identical to those of the other employees (D) holding that because the plaintiff did not allege facts indicating what specific medical information she provided to dps she failed to state a constitutional claim (E) holding plaintiff failed to demonstrate disparate treatment because she failed to show she was similarly situated to coworker to whom she compared herself

Answer:
holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired