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]: interests inferior to the unsecured creditors [and, t]hus there should be little difficulty with the absolute priority rule____”). Sweetwater does not dispute that general proposition, but argues that the insider claims in this case should be subordinated to it, and not receive or retain any property since Sweetwater’s claim is not being paid in full. The Court disagrees. Several courts have expressed the opinion that the claim of an insider or equity holder may not be treated unequally unless the insider or equity holder used superior knowledge concerning the debtor’s affairs in an unfair manner or equitable subordination principles otherwise apply. See e.g., In re ARN LTD. Ltd. P’ship, 140 B.R. 5, 13 (Bankr.D.D.C.1992), citing In re Ho-lywell Corp., 913 F.2d 873, 880 (11th Cir.1990) (<HOLDING>); Heritage Org., 375 B.R. at 301 (agreeing that 
 Holding statements: (A) holding that the mere fact that relevant evidence is shocking to the sensibilities does not make the admission of that evidence a violation of due process (B) holding that the mere fact that a claim is held by an equity security holder does not justify its subordination and insider claims may be equitably subordinated only based on evidence of unfair conduct (C) holding that direct evidence of a fact is not necessary and that circumstantial evidence is not only sufficient but may also be more certain satisfying and persuasive (D) holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision (E) recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven
[A]: (B)


[Q]: was allegedly violated on each date, despite the fact that the EOP contained several different provisions referring to various types of acts. Be cause the Counts in the Complaint merely alleged that Corder “did intentionally or knowingly violate the [EOP] issued in FC-DA No. 05-1-1551 on August 2, 2006[,]” without designating which conduct and sections within the EOP were violated, “the nature and cause of the accusation [could not] be understood by a person of common understanding from a reading of the Complaint itself.” Israel, 78 Hawai'i at 71, 890 P.2d at 308 (internal quotations marks omitted). The Complaint did reference in its caption (as opposed to in the charges) Police Report No. 07-016631 with respect to Count I, Police Report No. 07-021001 with respect t 1078, 1081 (1980) (<HOLDING>). Therefore, the Complaint was defective. II. 
 Holding statements: (A) recognizing that the hrpp does not permit a broad and freeranging discovery in criminal cases (B) holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) recognizing that the facts that a bill of particulars is discretionary with the judge pursuant to hrpp rule 7a and that other discovery rules are limited in scope might prevent a defendant from discovering the states position (E) recognizing the fact that a bill of particulars is discretionary with the judge pursuant to hawaii rules of penal procedure hrpp rule 7a and the fact that other discovery rules given to the defendant are limited might prevent a defendant from discovering the states position
[A]: (A)


[Q]: return to work. Without establishing this prima facie case, Rincones’s claim fails as a matter of law. “Employees are similarly situated if their circumstances are comparable in all material respects, including similar standards, supervisors, and conduct.” Ysleta Indep. Sch. Dist. v. Monarrez, 177 S.W.3d 915, 917 (Tex. 2005) (per curiam). “The situations and conduct of the employees in question must be ‘nearly identical.’ ” Reyes, 272 S.W.3d at 594 (citation omitted); see also Edwards v. Grand Casinos of Miss., Inc., 145 Fed.Appx. 946, 948 n.2 (5th Cir. 2005) (per curiam) (noting that as to the similarly situated requirement, circumstances surrounding the compared employees must be “nearly identical”); Smith v. Wal-Mart Stores (No. 471), 891 F.2d 1177, 1180 (5th Cir. 1990) (per curiam) (<HOLDING>). “Employees with different responsibilities, 
 Holding statements: (A) holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct (B) holding that the employer had not demonstrated the employee was discharged for gross misconduct because the conduct was an isolated incident and the employer did not try to show that its staffing ability had suffered serious  or indeed any consequences as a result of the employees conduct (C) holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination (D) holding that in order for plaintiff to prove that she was similarly situated to three other employees she had to demonstrate that all of the relevant aspects of her employment situation were nearly identical to those of the other employees (E) holding plaintiffs burden was to show that the misconduct for which she was discharged was nearly identical to that engaged in by a male employee whom her employer retained internal quotation omitted
[A]:
(E)