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.

[Q]: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action
[A]: holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion


[Q]: would allow for the award of attorney fees whenever a statute or contract provides for one side to pay expenses, even when such attorney fees were not contemplated. The majority opinion sets a dangerous precedent in this regard. Therefore, I do not join in the majority’s opinion that the term “expenses” as used in section 13-7-4(d) includes attorney fees, but would hold that because that section does not specifically provide for an award of attorney fees, such award was improper here. For the reasons stated above, I concur in the majority’s determination that the trial court improperly awarded attorney fees to defendant Newspaper Agency Corporation. However, I dissent rs of Am. v. Champion Int’l Corp., 790 F.2d 1174 (5th Cir.1986); In re Olliff, 258 Ga. 157, 366 S.E.2d 289, 289 (1988) (<HOLDING>); Head v. Savage, Minn., 255 N.W.2d 32, 38 
 Holding statements: (A) holding that an award for medical expenses is proper when the expenses have been incurred but not paid (B) holding that costs and expenses are to considerable degree synonymous (C) holding that the bankruptcy court properly disallowed fees when the bank could not demonstrate actual costs and expenses beyond its normal operating costs attributable to the debtors loan (D) holding that federal express costs telephone expenses and postage expenses did not qualify as taxable costs (E) holding that expenses refers to costs
[A]: holding that an award for medical expenses is proper when the expenses have been incurred but not paid


[Q]: reasoning of these cases. Moreover, we believe that declaratory relief is also moot when the challenged acts have already “irretrievably occurred.” Accordingly, we apply the teachings of N.J. Tpk. Auth., that the claim for injunctive relief had become “academic by reason of these changed circumstances .... ” Id. at 27. Here, as in N.J. Tpk. Auth., the challenged action awarding the contracts has already occurred, and the work required by them has already been performed. There is no longer a “ ‘subject matter upon which the judgment of the court can operate’ to make a substantive determination on the merits.” Id. at 30 (quoting Ex parte Baez, 177 U.S. 378, 390, 20 S.Ct. 673, 44 L.Ed. 813 (1900)); see also Jersey Cent. Power and Light Co. v. State of N.J., 772 F.2d 35, 36 (3d Cir.1985) (<HOLDING>). II. For Appellants to be prevailing parties 
 Holding statements: (A) holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot (B) holding that plaintiffs who sought injunctive relief under 42 usc  1983 could get same relief in a state court mandamus action (C) holding that a challenge to a mining plan was moot where the action sought to be enjoined hadbeen completed (D) holding that a court may award injunctive relief against a state officer (E) holding that injunctive claim was rendered meaningless since the state action sought to be enjoined has irretrievably occurred
[A]:
holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot