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.

[Q]: evidence sufficient to create a genuine factual dispute.” Sweats Fashions, 833 F.2d at 1562. Plaintiff has neither submitted materials of his own, nor shown how the materials already in the record create a genuine issue of material fact. He has done nothing more than rest on an ambiguous “general denial”: that he has either “refused to accept” his severance pay, or that such pay was never “conveyed” to him.” Pl.’s Opp. at 4. This is not enough to survive a summary judgment motion. Put simply, while defendant has met its burden under Celotex properly to support Cl. 736, 756 (2011) (declining to consider a claim for relief not contained in the plaintiffs complaint and first raised in plaintiffs motion for summary judgment); Michels v. United States, 72 Fed.Cl. 426, 431-32 (2006) (<HOLDING>). Defendant cannot be faulted for failing to 
 Holding statements: (A) holding that a plaintiff may attempt to survive a rule 12b6 motion by adding essential new facts in a brief on appeal (B) holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim (C) holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit (D) recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute (E) holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face
[A]: (B)


[Q]: 540 U.S. -, 124 S.Ct. 1019, 157 L.Ed.2d 1016 (2004) (citing United States v. Henry, 447 U.S. 264, 270, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) and Michigan v. Jackson, 475 U.S. 625, 632 n. 5, 106 S.Ct. 1404, 89 L.Ed.2d 631 (1986)). 20 . See United States v. Cuong Gia Le, et al., Criminal No. 03-48-A (E.D.Va. December 9, 2003) (Ex Parte Order). 21 . Only one of the six charged defendants — • Cuong Gia Le — had been charged prior to the return of the Superseding Indictment. 22 . See Schwartz, 372 F.2d at 682 (citing Mallory, 354 U.S. at 454, 77 S.Ct. 1356). 23 . The statute also provides a limited "safe harbor" for a voluntary confession made after arrest, but before arraignment, "if such confession was made or given by such person within six hours immediately following (6th Cir.1991) (<HOLDING>); United States v. Elkins, 774 F.2d 530, 534 n. 
 Holding statements: (A) holding texas law governs the procedural matter of preservationoferror requirements even if another jurisdictions law governs substantive issues (B) holding that  3501 not mcnabbmallory governs the admissibility of confessions in federal court (C) holding that federal law governs remedies available under title ix (D) holding that federal law governs res judicata effect of an earlier federal judgment based on federal law (E) holding that federal common law governs equitable remedies available under erisa
[A]: (B)


[Q]: CURIAM. Having considered the appellant’s response to this Court’s show cause order, dated June 30, 2008, we dismiss this appeal. The trial court’s order does not appear to be final as it treated the appel lant’s motion as a rule 3.850 motion and dismissed it without prejudice to file a proper rule 3.850 motion. Therefore, the trial court’s order is a nonappealable, non-final order. See Lee v. State, 939 So.2d 154, 155 (Fla. 1st DCA 2006) (<HOLDING>); Williams v. State, 884 So.2d 374 (Fla. 2d DCA 
 Holding statements: (A) holding that the dismissal of a complaint ordinarily is a nonfinal nonappealable order since amendment generally is available while dismissal of the entire action ordinarily is final (B) holding dismissal without prejudice to refile a facially sufficient motion is a nonappealable nonfinal order (C) holding that an order that determines only the right to attorneys fees without setting the amount is a nonappealable nonfinal order (D) holding borough could not appeal dismissal of complaint without prejudice because  dismissal without prejudice is comparable to a nonsuit under the former practice of lavf  (E) holding that an order granting a motion or application to compel arbitration is nonappealable because it is not listed in the uaa arbitration provision and because it is not a final order
[A]:
(B)