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.

[EX Q]: with the same deficiency — the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions.”). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint — so long as it is minimally sufficient to put a defendant on notice of the claims against him — will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) (“Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case.”); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that “[pleading facts not 
 Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion  to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds
[EX A]: (D)

[EX Q]: a result, he had assented to the Estate’s producing the letters. Despite their lack of objection prior to producing the documents, the Opposing Parties contend the Estate “inadvertently” produced the documents and, further, that the stipulated protective order in this ease (the “Protective Order”) requires KFI to return the documents. KFI argues the Estate voluntarily produced the documents. As detailed herein, this court finds the documents were not inadvertently disclosed. When parties stipulate to a protective order requiring the return of inadvertently produced documents, the agreement is enforceable if the proponent actually produced the document(s) inadvertently and otherwise complies with the terms of the order. See VLT Corp. v. Unitrode Corp., 194 F.R.D. 8, 11-12 (D.Mass.2000) (<HOLDING>). Absent an agreement, courts have applied 
 Holding statements: (A) holding that in agency adjudications in which the government has not claimed privilege written reports made at the time of an event must be produced when the credibility of the witness on matters discussed in the report is in question (B) holding that the doctrine of equitable estoppel does not apply fully against the government because the possibility of harm to a private party is often if not always grossly outweighed by the public interest in enforcement of congressionally mandated public policy (C) holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing (D) holding that where the district court decided two issues in the certified order but identified only the damages issue as the controlling question of law the court of appeals could nonetheless address the other issue (E) holding stipulated protective order mandated return of two documents inadvertently produced with approximately 25000 intentionally produced pages proponents established that the production of the materials at issue was not a considered or grossly negligent decision but the result of inattention ie inadvertence
[EX A]: (E)

[EX Q]: of the jury.’ Kirsch v. State, 357 S.W.3d 645, 651 (Tex.Crim.App.2012) (quoting Tex. Code Crim. Proo, art. 36.14). “We have generally held that, if a jury-charge instruction ‘is not derived from the [penal] code, it is not ‘applicable law” under art. 36.14.” Id. (quoting Walters v. State, 247 S.W.3d 204, 214 (Tex.Crim.App.2007)). “Texas Government Code § 311.011 provides that statutorily undefined words and phrases shall be ‘construed according to the rules of grammar and common usage.’ ” Id. at 650 (quoting Tex. Gov’t. Code Ann. § 311.011 (West, Westlaw through 2015 R.S.). Normally, in looking at jury charge error, the instructions must be construed as a whole and not by isolated extracts, excerpts, or paragraphs. See Smith v. State, 959 S.W.2d 1, 27 (Tex.App.—Waco 1997, pet. ref'd) (<HOLDING>); see also Joseph v. State, No. 13-11-00461-CR, 
 Holding statements: (A) holding appellate courts must consider the trial courts jury charge as a whole (B) holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury (C) holding that jury charge in juvenile case warranted fundamentalerror review and analyzing whether charge violated due process (D) holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error (E) holding that whether a jury charge comments on weight of evidence is determined by looking at the jury charge as a whole not isolated statements
[EX A]:
(E)