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.

its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by returning him to his former school in Lake County and changing the timesharing arrangement to have the father assume the primary timesharing responsibilities. See § 61.13(3), Fla. Stat. (2014); Holland v. Holland, 140 So.3d 1155 (Fla. 1st DCA 2014); Dobbins v. Dobbins, 584 So.2d 1113, 1116 (Fla. 1st DCA 1991). Accordingly, we reverse and remand for a new hearing. On remand, the court shall take evidence and use the best interests of the child standard to determine if modification is in the child’s best interests in light of the parties’ inability to agree which school the minor child will attend. See, e.g., Watt v. Watt, 966 So.2d 455 (Fla. 4th DCA 2007) (<HOLDING>). Once that determination is made, the trial 
 Holding statements: (A) holding that change of circumstances is not prerequisite to additional   3583e2 modification (B) holding that a hearing is required when a modification of parenting time would change the established custodial environment (C) holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody (D) holding that a custodial parents move to a foreign state without more is not a substantial change of circumstances that would support a modification of custody (E) holding that parties inability to agree on which private high school child would attend constituted substantial change in circumstances warranting modification of parenting plan
holding that change of circumstances is not prerequisite to additional   3583e2 modification

that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, 
 Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated
holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated

her claims. In support of its argument, CSX relies on evidence outside of the pleadings, including documents filed and transcripts made in connection with Lawrence v. CSX Corp., a nearly identical case filed in Baltimore County Circuit Court by Alice Lawrence, sister of plaintiff and decedent. As the Court will consider this evidence outside the pleadings, CSX’s motion will be treated as one for summary judgment. See Fed.R.Civ.P. 12(b). Under the D.C. Survival Act, a right of action survives to a decedent’s “legal representative” where the right of action accrued to the decedent prior to his death. D.C.Code § 12-101. If the decedent left heirs at law, then the decedent’s legal representative should be an heir at law. Saunders v. Air Florida, Inc., 558 F.Supp. 1233, 1235 (D.D.C.1983) (<HOLDING>) (citing to Strother v. Dist. of Columbia, 372 
 Holding statements: (A) holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act (B) holding that plaintiffs lacked standing to bring securities claims relating to funds that plaintiffs did not own (C) holding that shareholders had standing to bring derivative suit against the government but not direct suit due to lack of privity (D) holding that plaintiffs did not have standing to bring survival act suit because decedent left heirs at law but plaintiffs were not among them (E) holding that where one plaintiff has standing we need not consider whether the other individual and corporate plaintiffs have standing to maintain the suit

holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act