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: evidence sufficient to create a genuine factual dispute.” Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous “general denial”: that he has either “refused to accept” his severance pay, or that such pay was never “conveyed” to him.” Pl.’s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to 
 Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face

A: (B)
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Q: to dedicate all of their disposable income to their plan. The Trustee’s supplemental objection raised, for the first time, whether Section 1325(a)(5) bars a debtor from confirming a plan that strips off a wholly unsecured lien where the debtor has received a discharge in a prior bankruptcy case within the proscribed period set forth in Section 1328(f). Although TD Bank had previously argued that the Debtors’ ability to strip off its lien was contingent upon the entry of a discharge order, TD Bank did not rely on Section 1325(a)(5). IV. Discussion A. Jurisdiction and Venue The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and discharge in a bankruptcy case filed within four years of filing an earlier Chapter 7 petition 253 F.3d 778, 781-83 (4th Cir.2001) (<HOLDING>). However, there is no prohibition against lien 
 Holding statements: (A) holding that a wholly unsecured junior mortgage lien can be avoided under nobelman (B) holding that a socalled chapter 20 debtor may strip off a wholly unsecured junior lien (C) holding that an allowed wholly unsecured consensual junior lien may not be stripped off in a chapter 7 case (D) holding that a wholly unsecured junior mortgage on chapter 13 debtors residence could not be stripped down into an unsecured claim by debtors plan (E) holding that a debtors right to strip off a wholly unsecured lien is conditioned on the debtors obtaining confirmation of and performing under a chapter 13 plan that meets all of the statutory requirements rather than on a debtors discharge

A: (C)
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Q: residents in ICF/MR units to receive “active treatment,” as is required by 42 U.S.C. § 1396d(d)(2) and 42 C.F.R. § 483.440. Moreover, neither the Complaint nor the Consent Decree sought to require STS to consider all residents for community placement. Finally, neither the Complaint nor the Consent Decree sought to enjoin STS from issuing DNR orders. Each of the above remedies is sought by plaintiffs in the instant case. Thus, in the instant case there is manifest evidence that the statutory structure of CRI-PA prevented the Justice Department from pursuing all of the causes of action and types of relief which are available to the plaintiffs. For this reason, plaintiffs’ claims are not barred under res judicata. See Burka v. New York City Transit Auth., 32 F.3d 654, 658 (2nd Cir.1994) (<HOLDING>). B. Absence of Privity Literal privity need 
 Holding statements: (A) holding that res judicata is not applicable to a claim for relief that was unavailable in the earlier action (B) holding that res judicata does not bar those claims that arose after the original pleading is filed in the earlier proceeding (C) holding that res judicata applies in deportation proceedings (D) holding that res judicata did not preclude the subsequent filing of an action which was a permissive claim in a prior action (E) holding that the doctrine of res judicata is applicable to defenses that could have been raised in a prior action

A:
(A)
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