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: required expert testimony at trial. We agree with other appellate courts that the statute does not violate the open courts provision by requiring an expert report sooner rather than later in the litigation. See, e.g., Gill v. Russo, 39 S.W.3d 717, 719 (Tex.App.-Houston [1st Dist.] 2001, no pet.); Knie v. Piskun, 23 S.W.3d 455, 467 (Tex.App.-Amarillo 2000, pet. denied). Mocega’s fifth point is overruled. Notice of Hearing Mocega’s final two points assert the trial court was required to grant her the grace period provided under art. 4590i, § 13.01(g). A motion under that section is timely if filed before “any hearing” on a defendant’s motion to dismiss. Urquhart’s motion was “heard” by submission on April 3rd. See Martin v. Martin, Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex.1998) (<HOLDING>). Mocega’s motion was not filed until April 
 Holding statements: (A) holding term successor does not contemplate acquisition by ordinary purchase from another corporation (B) holding that a hearing does not contemplate an oral presentation unless required by express language or context (C) holding that oral rendition of judgment supported by the courts docket sheet was insufficient express specific written order is required (D) holding that statutory authority to modify does not contemplate fundamental changes (E) holding that express oral agreement with government agent was not binding because among other factors applicable regulations required contract to be in writing

A: holding term successor does not contemplate acquisition by ordinary purchase from another corporation
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Q: consistent with the respective rights of the parties.” Sign and Pictorial Union Local 1175 v. NLRB, 419 F.2d 726, 731 (D.C.Cir.1969). Section 8(d) provides, however, that the obligation to bargain in good faith “does not compel either party to agree to a proposal or require the making of a concession.” 29 U.S.C. § 158(d). Thus, the Act does not require any party “to yield any position fairly maintained; ‘firmness of a bargaining position does not constitute bad faith.’ ” 419 F.2d at 731 (internal citation omitted). The Union argues that the Board’s finding of an impasse should nevertheless be reversed for four reasons. First, the Union alleges the Board did not conduct the sort of intensive factual inquiry it was obliged to make. See Taft Broadcasting Co., 163 N.L.R.B. 475, 478 (1967) (<HOLDING>), enforced, American Fed’n of Television & 
 Holding statements: (A) holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith  (B) recognizing that the primary issue to be considered in whether the representative parties will fairly and adequately protect the interest of the class is a determination of whether any antagonism exists between the interests of the plaintiffs and those of the remainder of the class (C) recognizing that the law of the shop includes the understanding of the parties (D) holding that whether impasse exists rests upon factintensive inquiry into the bargaining history the good faith of the negotiating parties the length of negotiations the importance of the issues about which there is disagreement and the contemporaneous understanding of the parties as to the state of negotiations (E) holding that where the parties contemplate the formal execution of a final agreement there is a strong inference that the parties  do not intend to be bound by earlier negotiations or agreements until the final terms are settled 

A: holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith 
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Q: written consent unambiguously agreeing to removal. See id. at *2, n. 1 (stating that “a majority of courts,..., have taken a strict approach and have held a representation by one defendant in the notice of removal that all defendants have consented to be insufficient, requiring instead that each defendant independently notify the court of its consent.” (internal citations omitted)). See also Ell v. S.E.T. Landscape Design, Inc., 34 F.Supp.2d 188, 194 (S.D.N.Y.1999) (stating that “unambiguous written evidence of consent” by all defendants is required.) Defendants contend that the court has discretion to keep the case because this is a non-jurisdictional defect and the Plaintiffs were not prejudiced by the delay in filing consent. See Gay v. Carlson, 1990 WL 20172 at *2 (S.D.N.Y.1990) (<HOLDING>). However, even though a defect in removal 
 Holding statements: (A) holding that removal was proper where the petitioning defendant stated that all parties agreed in its notice of removal and the petition was followed by the supplemental consent signed by each of the parties but filed outside the 30 day period (B) holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal (C) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand (D) holding that amendment of removal petition was properly allowed to correct jurisdictional allegations in removal petition which were defective or faulty due to defendants failure to specifically allege the citizenship of the parties at the time the suit was brought and at the time the removal petition was filed missing allegation was not a fatal omission which could not be cured by amendment (E) holding that the absence in the notice of removal of copies of the summonses served on the defendants uncorrected until after the thirty 30 day removal period had expired violates 28 usc  1446a and bars removal

A:
holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal
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