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: the district court would have been de facto granting a continuance by declaring a mistrial and summoning new jurors. We decline here to find that the district court abused its discretion in denying a mistrial when the defendant’s own misconduct caused the alleged impartiality of the jurors and the court took reasonable steps to ensure the jurors could serve impartially. Williams v. Woodford, 306 F.3d 665, 723-24 (9th Cir.2002) (“The Sixth Amendment affords no relief when the defendant’s own misconduct caused the alleged juror partiality and the trial judge employed reasonable means under the circumstances to preserve the trial’s fairness”) (citing United States v. Hernandez, 952 F.2d 1110, 1116-18 (9th Cir.1991)). See also United States v. Harris, 2 F.3d 1452, 1456 (7th Cir.1993) (<HOLDING>). Because the district court afforded the 
 Holding statements: (A) holding that law will not permit insured to profit from his own breach of contract when insured disregarded his contractual obligation to cooperate with insurer (B) holding that a bank officer who obtained for his own benefit a profit participation in a real estate venture in exchange for loaning bank money misappropriated a corporate asset (C) holding that a defendant should not profit from his own outburst (D) recognizing in context of fraudulent nondisclosure cases that a defendant may reasonably expect the plaintiff to make his own investigation draw his own conclusions and protect himself (E) holding that outofstate plaintiff had procured his own absence at trial of his case where record contained no intimation that his absence resulted from any reason other than his own volition

A: (C)
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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)
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Q: The Court agrees with Magistrate Judge Harvey that Ms. Toomer offers, no evidence of Ms. Stiger’s threat other than her own self-serving assertions and that such unsupported, self-serving assertions do not give rise to a triable issue of fact. See, e.g., Taylor v. FDIC, 132 F.3d 753, 762 (D.C. Cir. 1997) (when scrutinizing motions for summary judgment courts “examine the facts in the record and reasonable inferences in the light most favorable to the nonmoving party, but do not accept bare conclusory allegations, as fact”) (internal citations omitted); Ward v. District of Columbia, 950 F.Supp.2d 9, 17 (D.D.C. 2013) (“[S]elf-serving assertions are not sufficient to create an issue of material fact.”); Musgrove v. Gov’t of the District of Columbia, 775 F.Supp.2d 158, 170 (D.D.C. 2011) (<HOLDING>). Even if unsupported, self-serving assertions 
 Holding statements: (A) holding conclusory statements in affidavits and deposition testimony standing alone are insufficient to withstand a properlysupported motion for summary judgment (B) holding that evidence of alleged limitations obtained soon after accident was without more insufficient to survive summary judgment (C) holding that adverse inference alone insufficient to support a motion for summary judgment (D) holding that a plaintiffs selfserving deposition testimony was not enough for her fdcpa claim to survive summary judgment but that a consumer survey may have been sufficient (E) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment

A:
(E)
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