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.

Ex Input:
is tied to the challenged retaliatory act, not the' underlying conduct that forms the basis of the Title VII complaint”). 1. Basic Contributor Rating LMC does not dispute that a basic contributor rating is an adverse employment action and that the action took place after Dr. Chawla’s August 2, 2011 and September 22, 2011 complaints. On September. 29, 2011, Mr. Hooker was notified that he was the subject of an investigation of Dr. Chawla’s complaints. Docket No. 37-2 at 5. However, Dr. Chawla does not contest that Mr. Nichols had a role in assigning the basic contributor rating and identified no specific facts upon which to conclude that Mr. Nichols was aware of Dr. Chawla’s prior complaints of discrimi nation. See Hinds v. Sprint/United Mgm’t Co., 523 F.3d 1187, 1203 (10th Cir.2008) (<HOLDING>). Dr. Chawla also does not attack the stated 
 Holding statements: (A) holding that in order to show a causal connection plaintiff must present evidence from which a reasonable factfinder could conclude that those who decided to fire him had knowledge of his protected activity (B) holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity (C) holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury (D) holding that the plaintiff failed to show retaliation where there was no evidence that the employees who disciplined him knew of his protected activity (E) holding that in addition to temporal proximity plaintiff must show further evidence supporting a causal connection

Ex Output:
holding that to establish a causal connection plaintiff must show that the individual who took adverse action against him knew of the employees protected activity


Ex Input:
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

Ex Output:
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


Ex Input:
248 F.3d 110, 124 (3d Cir.2001) (concluding that “the sale of an executory contract triggers the protections afforded sales of bankruptcy estate property but also requires satisfaction of the requirements for assuming and/or assigning the same execu-tory contract.”); In re Access Beyond Techs., Inc., 237 B.R. 32, 47 (Bankr.D.Del.1999) (concluding that a “debtor cannot avoid the requirements of section 365 by saying it is ‘selling’ a lease or executory contract, rather than assuming and assigning it.”). Shaw argues that Bechtel’s purported offset rights were extinguished pursuant to section 363(f) of the Bankruptcy Code by paragraphs 7 and 11 of the Sale Order, which transferred the Debtors’ “Assets” to Shaw “f c. (In re Trans World Airlines, Inc.), 275 B.R. 712, 718 (Bankr.D.Del.2002) (<HOLDING>). Bechtel argues that the Sale did not result 
 Holding statements: (A) holding that sale of accounts receivable under section 363 was not free and clear of defenses such as recoupment but was free and clear of setoff rights unless the setoff was actually taken prepetition (B) holding that section 363 governs the sales of executory contracts here section 365 provides some limitations and conditions to assignments none of which negates the applicability of section 363 to the sale at auction of an executory contract (C) holding that provision in prepetition agreement which precluded sale of assets by debtor was not a bar to a sale under section 363 because prepetition agreements purporting to in terfere with a debtors rights under the bankruptcy code are not enforceable (D) holding that the secured partys contract and quasicontract claims fail as a matter of law because they are subject to the buyers ucc defenses and its right to recoupment and setoff under the agreements between the buyer and the debtor (E) holding that sale under section 363 eliminates unexercised setoff rights but not recoupment defense

Ex Output:

holding that sale of accounts receivable under section 363 was not free and clear of defenses such as recoupment but was free and clear of setoff rights unless the setoff was actually taken prepetition