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]: motions). The Second Circuit has not yet announced a specific standard for exercising the district court’s discretion in ruling on such a motion. The Second Circuit has, however, stated that: “[o]nly ‘reasonably genuine surprise’ on the part of the appellant, Moylan v. Siciliano, 292 F.2d 704, 705 (9th Cir.1961), combined with an assertion of the nature of the additional evidence, Berns v. Pan Am. World Airways, 667 F.2d 826, 829 (9th Cir.1982), would give us sufficient reason to remand for the taking of additional evidence.” Air et Chaleur, S.A. v. Janeway, 757 F.2d 489, 495 (2d Cir.1985); see also Matthew Bender & Co., 158 F.3d at 679 (upholding district court’s decision to permit party to re-open a hearing where (1) additional evidence was material, (2) opposing part (S.D.N.Y.1994) (<HOLDING>). I shall consider the issue of Plaintiff’s 
 Holding statements: (A) holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them (B) holding that an appellate court is not required to search the appellate record with no guidance from the briefing party to determine if the record supports the partys argument (C) holding that the party moving for summary judgment waived its argument that the opposing partys affidavit should not be considered because the moving party never objected to the timeliness of the affidavit to the trial court (D) holding that when appraising a partys motion to reopen the record posttrial the court must consider 1 whether or not the moving partys failure to submit evidence was the result of its own lack of diligence 2 the extent to which reopening the record might prejudice the nonmovant and 3 where the interests of justice lie (E) holding the moving party must meet its burden by showing  that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case
[A]: holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them


[Q]: WL 687033, at *1 (D.Md. Feb. 29, 2008) (citing Pioneer Inv. Serv. Co. v. Brunswick Assoc. Ltd. P’ship, 507 U.S. 380, 395, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993)). Courts in the Fourth Circuit deny leave to amend a complaint past the deadline established by a scheduling order where the moving party has been careless in developing his claims or where he has failed to satisfactorily account for his failure to do so. Compare Whichard v. Specialty Restaurants Corp., 220 F.R.D. 439, 441 (D.Md.2004) (denying plaintiffs motion to join an additional defendant five months after the court imposed deadline because plaintiff had ample notice before the deadline that the original defendant might not be the right party) with Long v. Blair, No. 2:09-CV-00349, 2010 WL 1930220 (S.D.W.Va. May 12, 2010) (<HOLDING>). After a movant satisfies the good cause 
 Holding statements: (A) holding that good cause did not exist where counsel waited months after filing of the pleadings to propound written discovery and did not take oral depositions of known key individuals to their claims until after the deadline for amending the complaint (B) holding that a change in the theory of recovery and one prior amendment is not sufficient to deny a motion to amend the complaint where no evidence of bad faith existed (C) holding that denial of leave to amend was appropriate because the plaintiff sought to amend his complaint two years after filing his complaint  on the eve of trial when discovery was complete (D) holding that district court did not abuse its discretion where it determined that plaintiffs failed to show good cause to amend complaint after dispositive motion deadline (E) holding that good cause existed where the plaintiff did not establish a sufficient evidentiary basis to support new claims until after the deadline for amending his complaint and moved to amend immediately after the new evidence came to light
[A]: holding that good cause did not exist where counsel waited months after filing of the pleadings to propound written discovery and did not take oral depositions of known key individuals to their claims until after the deadline for amending the complaint


[Q]: Athletic Ass’n, 980 F.2d 382, 386-87 (6th Cir.1992). The district court below also acknowledged this interest as a substantial one. TSSAA’s other two justifications, however, are very much in dispute. Brentwood, for example, argues that there is no support in the record for the proposition that student athletes need protection from exploitation. The district court agreed. It concluded that TSSAA offered no proof that exerting undue influence on middle school athletes to recruit them for athletic purposes actually harms those students. Proof of actual harm, however, is not required in order to recognize a state actor’s interest in preventing reasonably anticipated harm. See Watchtower Bible & Tract Soc’y of N.Y., Inc. v. Village of Stratton, Ohio, 240 F.3d 553, 565-66 (6th Cir.2001) (<HOLDING>). Finally, TSSAA’s newly asserted interest in a 
 Holding statements: (A) holding that the village could regulate doortodoor solicitation based on a fear of an anticipated harm without proof of actual harm (B) holding that likelihood of irreparable harm must be based on evidence in the record not unsupported and conclusory statements regarding harm the plaintiff might suffer (C) recognizing  1951 includes fear of economic harm (D) holding that because persecution cannot be based on a fear of psychological harm alone petitioner was ineligible for withholding of removal based on the psychological harm she would suffer if her us citizen daughter were to undergo fgm (E) holding that an essential element of a claim of legal malpractice pursued under either a contract or trespass theory is proof of actual loss rather than breach of a professional duty causing only nominal damages speculative harm or the threat of future harm
[A]:
holding that likelihood of irreparable harm must be based on evidence in the record not unsupported and conclusory statements regarding harm the plaintiff might suffer