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.

Input: Consider Input: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action

Output: (B)


Input: Consider Input: other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted). 
 Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms

Output: (D)


Input: Consider Input: section 39.6221(2)(c), Florida Statutes (2015), requires the circuit court to “[slpecify the frequency and nature of visitation or contact between the child and his or her parents.” Here, the court’s order specifies that K.B. shall have a minimum of one hour per week supervised visitation, with additional visitation at the permanent guardian’s' discretion. The order also gives the guardian discretion to permit unsupervised visitation upon determining that KB. has achieved the sobriety and • stability necessary to keep the child safe. However, it does not leave the frequency and nature of visitation to the guardian’s complete discretion. Therefore, the order comports with section 39.6221(2)(c). Cf. S.W-R. v. Dep’t of Children & Family Servs., 64 So.3d 1283, 1284-85 (Fla. 2d DCA 2011), (<HOLDING>). Reversed and remanded. NORTHCUTT, KELLY, and 
 Holding statements: (A) holding that the trial court abused its discretion in failing to grant a continuance requested by telephone when the party requesting same was served with notice of the proceeding less than one hour before the hearing (B) holding an upward departure under ussg  5k22 was not error or an abuse of discretion where the victim suffered permanent and lifethreatening injuries (C) holding that because the order lacked an independent basis it was an abuse of discretion to issue the mutual restraining order (D) holding the permanent guardianship order that provided for visitation biweekly for an hour to an hour and a half or at the discretion of the caregiver did not comply with section 3962212c because it placed complete discretion concerning the frequency and duration of visitation with the permanent guardian (E) holding the selection of the person to be appointed guardian is a matter which is committed largely to the discretion of the appointing court and an appellate court will interfere with the exercise of this discretion only in case of a clear abuse


Output: (D)