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]: of the documents. In his report, Gage stated only that the witnesses could not recall whether or not Peng raised his fist, but that they saw Peng grab the documents from Mei Hu. Peng has submitted a declaration by C. Peng that neither he nor Mr. Chi ever told anyone anything about what happened. As the district court noted, Peng has not cast doubt on the fact that, prior to Peng’s arrest, Jonathan Hu, acting as interpreter, told Gage that the two witnesses saw Peng grab the documents from Mei Hu. Peng has cast doubt on the identity of the witnesses and the veracity of Jonathan Hu, but Gage could not have known this at the time of the arrest. We are satisfied that Gage made a reasonable investigation under the circumstances before he arrested Peng. See Fuller, 950 F.2d at 1442-44 (<HOLDING>). We conclude that the presence of a factual 
 Holding statements: (A) holding that police officers have a duty to conduct an investigation into the basis of the witness report (B) holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction (C) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (D) holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances (E) holding that witness statements in police report inadmissible
[A]: (A)


[Q]: with the same deficiency — the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions.”). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint — so long as it is minimally sufficient to put a defendant on notice of the claims against him — will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) (“Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case.”); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that “[pleading facts not 
 Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion  to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds
[A]: (D)


[Q]: applied in employment discrimination cases, although the burden of production shifts to the defendant after the plaintiff makes out a pri-ma facie case, the "ultimate burden of persuading the trier of fact ... remains at all times with the plaintiff”). 21 . Cf. Zurich Ins. Co. v. Ont. (Human Rights Comm’n), [1992] 2 S.C.R. 321, ¶ 119 (Can.) (referring to "the rule of evidence that the burden of proof should lie on the person most likely to be in possession of the relevant facts”); McInerney v. MacDonald, [1992] 2 S.C.R. 138, ¶ 30 (Can.) ("The burden of proof should fall on the party who is in the best position to obtain the facts.”). 22 . See Schaible Elec. Ltd. v. Melloul-Blamey Constr., Inc., [2004] 35 C.L.R. (3d) 141, ¶¶ 105-26 (Ont.) (standing merely for R. 653, 655-56 (Ont.) (<HOLDING>). 23 . In oral argument before this Court, 
 Holding statements: (A) holding that seller was entitled to recover contract price of goods where buyer failed to make effective rejection under the ucc (B) holding merely that to the extent a breaching party claims that the appropriate measure of damages is the difference between the contract price and the market price it holds the burden of proving that there is in fact an available market for the goods in issue (C) holding that where buyer had opportunity to inspect goods and failed to inform seller in timely manner of defects buyer deemed to have accepted goods pursuant to  672606 (D) holding that title revested in seller under california law when buyer revoked his acceptance of goods (E) holding merely that to the extent a breaching buyer wishes to invoke the presumption that a nonbreaching seller will resell the contractedfor goods in the open market it holds the burden of proving that there is in fact an available market for those goods
[A]:
(E)