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]: in nature and may be waived if not timely raised. Section 1445(c) applies to prohibit the removal of a civil action arising under the workmen’s compensation laws of a state. It does not prohibit federal district court’s from exercising supplemental jurisdiction under § 1367. The state worker compensation statutes themselves may affect the court’s jurisdiction by requiring claims to be filed with an administrative agency. However, such is not the case for claims of retaliatory discharge for exercising rights under Michigan’s WDCA. As noted above, the expeditious and inexpensive procedures found in Michigan’s WDCA are not utilized when an employee alleges retaliatory discharge. Such a claim is treated like any other tort and can be filed in state court. See Delke, 460 N.W.2d at 327-28 (<HOLDING>); see also Lamoria, 584 N.W.2d at 600; Chiles 
 Holding statements: (A) recognizing the tort of retaliatory discharge (B) holding the retaliation claim did arise under states workers compensation laws (C) recognizing retaliatory discharge tort implied by the workers compensation act (D) holding that retaliation claim did not arise under states workers compensation laws (E) holding that the bureau of workers disability compensation did not have jurisdiction to hear retaliation claims and explaining that the michigan legislatures intent was not to create an administrative remedy for retaliatory discharge
[A]: recognizing the tort of retaliatory discharge


[Q]: a “public official,” places a great emphasis on two of the elements: (1) the statutory powers and duties of a position, and (2) whether that position exercised sovereign power. See, e.g., Spaulding, 102 Iowa at 649, 72 N.W. at 291 (concluding that the treasurer of the commissioners of pharmacy was not a public officer because the position of treasurer “was a creation of the commission ... and at all times subject absolutely to their control”); McKinley, 228 Iowa at 1189-91, 293 N.W. at 451 (concluding that county engineer was an “official” because he furnished a bond and took an oath of office; but more importantly because several statutes defining the powers and duties of the county engineer delegated certain sovereign powers to that position); Whitney, 232 Iowa at 71, 4 N.W.2d at 398 (<HOLDING>); Hutton, 235 Iowa at 56, 16 N.W.2d at 20 
 Holding statements: (A) holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment (B) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (C) holding that a schoolteacher elected by the school board was an employee not an official and therefore entitled to benefits under the workers compensation act (D) holding that a schoolteacher elected by the school board was not an official because she was not required to give bond or take an oath none of the statutes impose upon her the exercise of discretion in any way they delegate no sovereign power to her (E) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment
[A]: holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment


[Q]: to Mr. Cluff s conversation with Mr. Floyd, would have been cumulative of this prior testimony. See Hernandez-Urista, 9 F.3d at 84 (determining that the denial of a request for a subpoena is supported when witness testimony is merely cumulative); United States v. Mayes, 917 F.2d 457, 462 (10th Cir.1990) (same). As a final point, we note that the timing of Mr. Pursley’s Rule 17(b) request supports the propriety of its denial. Although Mr. Pursley filed his motion on the first day of trial, he never attempted to make a nonconclusory showing of necessity until the government rested. Mr. Pursley provided no justification for failing to act sooner. Granting Mr. Pursley even partial relief at that point had the potential to delay the completion of the trial. See Bloomgren, 814 F.2d at 585 (<HOLDING>); United States v. Stoker, 522 F.2d 576, 579 
 Holding statements: (A) holding that lack of timeliness of a rule 17b application supported the district courts decision to deny twentythree of twentysix requested subpoenas (B) holding that timeliness of filing of notice of appeal is a jurisdictional issue (C) holding costs of service of subpoenas recoverable (D) recognizing district court application of the same rule (E) holding that a rule 17b application filed on last day of governments case lacked timeliness and supported district courts limitation on subpoena requests
[A]:
holding that timeliness of filing of notice of appeal is a jurisdictional issue