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.

resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata
holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii

10-987-AC, 2010 WL 5148473, at *3-5 (D.Or. Dec. 13, 2010) (collecting cases); see also Nelson v. Bank of Am., N.A., 446 Fed.Appx. 158, 158 (11th Cir.2011) (similar). 93 . See, e.g., Wright v. Chase Home Finance, LLC, No. CV 11-00095-PHX-FJM, 2011 WL 4101513, at *2 (D.Ariz. Sept. 14, 2011) (citing Fletcher v. OneWest Bank, FSB, 798 F.Supp.2d 925, 930 (N.D.Ill.2011)). 94 . Vida, 2010 WL 5148473, at *5. 95 . Lucia v. Wells Fargo Bank, N.A., 798 F.Supp.2d 1059, 1069 (N.D.Cal.2011) (citations omitted). 96 . Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1039 (9th Cir.2011). 97 . Id. at 1040 (citations omitted). 98 . Id. 99 . Id. at 1039. 100 . Id. 101 . Id. (citation omitted). 102 . Dkt. 30 at 5-6; Dkt. 47 at 17-27. 103 . See In re Wilhelm, 407 B.R. 392, 397-405 (D.Idaho 2009) (<HOLDING>); Saxon Mortg. Servs. v. Hillery, No. C-08-4357 
 Holding statements: (A) holding that creditors could not seek relief from a bankruptcy stay because they were not the real parties in interest and lacked standing as they were not holders of the notes and failed to establish that mers was the holder or had authority to transfer the notes (B) holding that the creditors had standing because the plan eliminated their interests in the borrower notes and deeds of trust and disposed of the assets in the estate from which they seek to be paid (C) holding that plaintiffs lacked standing to seek injunctive relief because they failed to demonstrate any likelihood that they would end up back in jail where alleged constitutional violations occurred (D) holding that despite evidence of voluntary transfer of promissory notes and the plaintiffs possession thereof the plaintiff was not the holder of the note under the ucc as the notes were not drawn issued or indorsed to her to bearer or in blank the plaintiff testified to some of the circumstances under which she obtained possession of the notes but the trial court made no findings of fact with respect thereto (E) holding that mers was not the beneficiary of a deed of trust under the oregon trust deed act absent conveyance to mers of the beneficial right to repayment and that mers could not hold or transfer legal title to the deed as the lenders nominee
holding that the creditors had standing because the plan eliminated their interests in the borrower notes and deeds of trust and disposed of the assets in the estate from which they seek to be paid

in what the fraud consists”). Like the Sykes’ claim for negligent misrepresentation, however, their claims for fraud are not based on any specific allegations of fact. Since these claims do not comply with the requirement of Federal Rule of Civil Procedure 9(b), adding them would be futile. Fifth, the Sykes want to add a claim for negligent infliction of emotional distress. In Virginia, a claim of negligent infliction of emotional distress cannot succeed if a party does not “plead with specificity that [it] incurred a physical injury which was the natural result of fright or shock proximately caused by the defendant’s] alleged negligence.” Delk v. Columbia/HCA Healthcare Corp., 259 Va. 125, 523 S.E.2d 826, 834 (2000); see Hughes v. Moore, 214 Va. 27, 197 S.E.2d 214, 220 (1973) (<HOLDING>). Here, neither Lisa nor Seth Sykes have 
 Holding statements: (A) recognizing the tort of intentional infliction of emotional distress (B) holding that a party claiming negligent infliction of emotional distress cannot recover for emotional disturbance alone (C) recognizing torts of intentional and negligent infliction of emotional distress (D) holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute (E) holding that under south dakota law compensation for negligent infliction of emotional distress requires manifestation of physical symptoms and intentional infliction of emotional distress requires an extreme disabling emotional response

recognizing the tort of intentional infliction of emotional distress