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]: such equitable relief as may be appropriate. 29 U.S.C. § 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a “serious health condition” as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent’s termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set 
 Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996
[A]: (C)


[Q]: the question of competency of counsel. Balanced against this is the possibility, in most instances quite l’emote, that an experienced member of the public defender’s staff might labor under a conflict of interest because another member of the staff was so burdened. People v. Robinson, 79 Ill.2d 147, 37 Ill.Dec. 267, 402 N.E.2d 157, 162 (1979). These two considerations outweigh any possible chilling effect on attorney client relationships at OPD. See also, Bolin v. State, 137 P.3d 136, 145 (Wyo.2006) (stating that, although conflicts involving associates at a private firm are imputed to entire firm, public defenders office “warrants slightly different treatment[,]” and adopting a ease by case analysis); cf. People v. Daniels, 52 Cal.3d 815, 277 Cal.Rptr. 122, 802 P.2d 906, 915 (1990) (<HOLDING>); People v. Banks, 121 Ill.2d 36, 117 Ill.Dec. 
 Holding statements: (A) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (B) holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice (C) holding designated counsel acting on behalf of the office of public defender in law guardian program to be public employees for purpose of the new jersey tort claims act njsa 5911 to 123 and therefore entitled to indemnification by the state (D) holding that public defender did not face conflict requiring withdrawal when bringing collateral attack of a defendants conviction public defender was required to attack competence of previous public defender and stating that automatic disqualification  would hamper the ability of public defenders offices to represent indigents in criminal cases (E) holding a federal public defender is not a federal officer for purposes of a bivenstype action
[A]: (D)


[Q]: 490, 493 (Tex.App.-El Paso 1999, pet. denied). Although the nonmov-ant is not required to “needlessly duplicate evidence already found in the court’s file,” he is required to make sure the evidence is properly before the trial court for its consideration in ruling on the motion for summary judgment. Saenz, 999 S.W.2d at 494. “[A] nonmovant does not meet this requirement by the mere existence in the court’s file of a response to an earlier summary judgment motion.” Id. Because the affidavit dated July 28, 2004 was neither attached to or referenced in the response to the no-evidence summary judgment, it was not before the trial court when it granted the motion and this Court will not consider it. See also Trejo v. Laredo Nat. Bank, 185 S.W.3d 43, 49 (Tex.App.-San Antonio 2005, no pet.)(<HOLDING>). The only documents specifically referenced in 
 Holding statements: (A) holding that trial court impliedly ruled on motion for continuance by granting motion for summary judgment when appellant filed motion for continuance two days before summary judgment hearing (B) holding that defendant cannot raise the statute of limitations defense in a noevidence summary judgment motion which otherwise shifts the evidentiary burden (C) recognizing the court must grant a noevidence motion if the evidence establishes conclusively the opposite of the vital fact (D) holding photographs attached to a response to second noevidence summary judgment motion were not before court when it ruled on first noevidence motion (E) holding that evidence attached to noevidence motion shall not be considered but motion should not be disregarded or treated as traditional motion
[A]:
(D)