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.

Example Input: stored on a BBS pending delivery). Because subsection (A) applies only to messages in “temporary, intermediate storage,” however, these courts have limited that subsection’s coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP’s server after delivery no longer fall within the Act’s coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate’s server after delivery are stored “by an electronic communication service” within the meaning of 18 U.S.C. § 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages 
 Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service
Example Output: holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca

Example Input: from the OSHA inspection after this incident were for repeat offenses, the repeat offense that appears pertinent to this ease was the failure to mark a container of hazardous chemicals so as to identify the chemical. The prior citation for such an offense is not in the record, and we are unable to determine whether the “repeat” aspect of the citation pertains only to the type of citation or to the particular location of the offending container. In any event, our supreme court has not yet held that OSHA citations are evidence that compels the conclusion that a coemployee was substantially certain that injury or death would occur. In fact, in two cases involving OSHA citations, the court has held that such citations would not support that finding. See Ex parte Martin, 733 So.2d at 396 (<HOLDING>), and Harris v. Simmons, 585 So.2d 906, 908 
 Holding statements: (A) holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury (B) holding postaccident citation not sufficient to support finding that coemployee was substantially certain that injury or death would occur (C) holding that preaccident citation would not support a finding that coemployees were substantially certain that injury or death would occur (D) holding evidence sufficient to support trial courts finding in aggravation that the offense was planned (E) holding governments position substantially justified where sufficient support existed in precedent
Example Output: holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury

Example Input: relief in all circumstances in which a judgment fails to conform to the statute. Under Fed.R.Civ.P. 60(b)(1), a court may relieve a party from a judgment that is based on “mistake, inadvertence, surprise, or excusable neglect,” but only on a motion made within one year of entry of the judgment. In the instant case, as the district court admitted and as seems readily apparent, the error was based on inadvertence. Thus, Rule 60(b)(1), with its one year time limitation, clearly applied. The district court attempted to circumvent the apparent harshness of the one year limitation by reading Rule 60(b)(6) as permitting nd Procedure § 2864 (1973). Therefore, because Rule 60(b)(1) plainly applied, and because the motion for relief came over one year after the entry of judgment h Cir.1959) (<HOLDING>). Finally, we adamantly reject appellees’ 
 Holding statements: (A) holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty (B) holding that once movant established right to summary judgment burden shifts to nonmovant to demonstrate otherwise (C) holding that in order for the movant to prevail on a summary judgment motion movant must either factually refute the affirmative defenses or establish that they are legally insufficient (D) holding that where interest was supposed to have run from the date of judgment but movant never asked for it and had accepted full payment of the judgment without it movant had forever waived his right to receive it (E) holding that in a traditional motion for summary judgment the burden shifts to the nonmovant to raise a fact issue after the movant has facially established its right to judgment as a matter of law
Example Output:
holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty