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.

Ex Input:
subpoena does not fit within the statutory language. The question surrounding the subpoena’s validity in no way relates to any information that Star Bank would be required to disclose under FCRA, even assuming that FCRA’s requirements apply to Star Bank. {See 15 U.S.C. § 1681a(f) for the definition of a “consumer reporting agency.”) The Hahns’ claimed reliance on whatever Bonynge said regarding the subpoena therefore provides them with no basis to toll the two year statute of limitations. Accordingly, the Hahns have failed to demonstrate that the wilful misrepresentation tolling exception applies to their case. We therefore hold that all of their claims raised under FCRA are barred by the statute of limitations. See Rylewicz v. Beaton Servs., Ltd., 888 F.2d 1175, 1181 (7th Cir.1989) (<HOLDING>). We find no inequity in reaching this result. 
 Holding statements: (A) holding that the uccs fouryear statute of limitations provision which barred an action by the plaintiff did not bar a thirdparty contribution and indemnity claim (B) holding that equitable tolling is available to avoid time limitations in the statutory provisions governing veterans benefits (C) holding that parents were not entitled to use infancy tolling provisions and that the statute of limitations barred their claims (D) holding that an ohio tolling statute violated the commerce clause because it gave nonresident corporations the choice between being subject to general jurisdiction in the state by appointing an instate agent for service of process or being subject to a tolling of the statute of limitations on claims against them (E) holding that a plaintiff must fit within the precise wording of the tolling exception to avoid being barred by fcras statute of limitations provision

Ex Output:
holding that the uccs fouryear statute of limitations provision which barred an action by the plaintiff did not bar a thirdparty contribution and indemnity claim


Ex Input:
consistent with the respective rights of the parties.” Sign and Pictorial Union Local 1175 v. NLRB, 419 F.2d 726, 731 (D.C.Cir.1969). Section 8(d) provides, however, that the obligation to bargain in good faith “does not compel either party to agree to a proposal or require the making of a concession.” 29 U.S.C. § 158(d). Thus, the Act does not require any party “to yield any position fairly maintained; ‘firmness of a bargaining position does not constitute bad faith.’ ” 419 F.2d at 731 (internal citation omitted). The Union argues that the Board’s finding of an impasse should nevertheless be reversed for four reasons. First, the Union alleges the Board did not conduct the sort of intensive factual inquiry it was obliged to make. See Taft Broadcasting Co., 163 N.L.R.B. 475, 478 (1967) (<HOLDING>), enforced, American Fed’n of Television & 
 Holding statements: (A) holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith  (B) recognizing that the primary issue to be considered in whether the representative parties will fairly and adequately protect the interest of the class is a determination of whether any antagonism exists between the interests of the plaintiffs and those of the remainder of the class (C) recognizing that the law of the shop includes the understanding of the parties (D) holding that whether impasse exists rests upon factintensive inquiry into the bargaining history the good faith of the negotiating parties the length of negotiations the importance of the issues about which there is disagreement and the contemporaneous understanding of the parties as to the state of negotiations (E) holding that where the parties contemplate the formal execution of a final agreement there is a strong inference that the parties  do not intend to be bound by earlier negotiations or agreements until the final terms are settled 

Ex Output:
holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith 


Ex Input:
the Guidelines by considering them as binding as opposed to advisory.” Shelton, 400 F.3d at 1330-31. Because the district court considered the guidelines to be mandatory, it committed statutory Booker error. The government bears the burden of showing that the statutory error was harmless. United States v. Mathenia, 409 F.3d 1289, 1292 (11th Cir.2005). The government argues that the error was harmless because the sentencing judge considered Soreide’s lavish lifestyle, the effect on the victims, and the extent of punishment and deterrence stemming from a sentence in the middle of the guidelines range. We have previously ruled that a sentence in the middle of the guidelines range is insufficient to prove harmless error. United States v. Glover, 431 F.3d 744, 749-750 (11th Cir.2005) (<HOLDING>). Rather, the government must set forth 
 Holding statements: (A) recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed (B) recognizing that we review the sentence imposed by a district court under the abuse of discretion standard (C) holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable (D) holding that the sentence alone tells us nothing about whether the district court would have imposed a lesser sentence (E) holding that where a district court clearly indicates that an alternative sentence would be identical to the sentence imposed under the guidelines any error that may attach to a defendants sentence under booker is harmless

Ex Output:

recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed