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:
motions). The Second Circuit has not yet announced a specific standard for exercising the district court’s discretion in ruling on such a motion. The Second Circuit has, however, stated that: “[o]nly ‘reasonably genuine surprise’ on the part of the appellant, Moylan v. Siciliano, 292 F.2d 704, 705 (9th Cir.1961), combined with an assertion of the nature of the additional evidence, Berns v. Pan Am. World Airways, 667 F.2d 826, 829 (9th Cir.1982), would give us sufficient reason to remand for the taking of additional evidence.” Air et Chaleur, S.A. v. Janeway, 757 F.2d 489, 495 (2d Cir.1985); see also Matthew Bender & Co., 158 F.3d at 679 (upholding district court’s decision to permit party to re-open a hearing where (1) additional evidence was material, (2) opposing part (S.D.N.Y.1994) (<HOLDING>). I shall consider the issue of Plaintiff’s 
 Holding statements: (A) holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them (B) holding that an appellate court is not required to search the appellate record with no guidance from the briefing party to determine if the record supports the partys argument (C) holding that the party moving for summary judgment waived its argument that the opposing partys affidavit should not be considered because the moving party never objected to the timeliness of the affidavit to the trial court (D) holding that when appraising a partys motion to reopen the record posttrial the court must consider 1 whether or not the moving partys failure to submit evidence was the result of its own lack of diligence 2 the extent to which reopening the record might prejudice the nonmovant and 3 where the interests of justice lie (E) holding the moving party must meet its burden by showing  that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case

Ex Output:
holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them


Ex Input:
in some respect. To me, such an approach invites municipal officials to substitute rank speculation and conjectural claptrap for genuine engineering expertise and constitutes an open invitation for local planners to engage in incompetent fear-mongering about perceived or imagined development risks, no matter how unfounded, unlikely, or controllable such risks may be. Such an open-textured standard for upholding the denial of subdivision applications will all too easily be converted into an impermeable cloak to cover confiscatory regulatory takings, official pandering to neighbors’ antidevelopment biases, political shenanigans, and other such local governmental capriciousness of the sort that we recently condemned in L.A. Ray Realty v. Town Council of Cumberland, 698 A.2d 202 (R.I.1997) (<HOLDING>). Moreover, the mere fact that the municipality 
 Holding statements: (A) holding that a state is not a person under 42 usc  1983 (B) holding that person in 42 usc  1983 does not include states (C) holding that 42 usc  1983 does not provide a remedy for flsa violations (D) holding that the petitioner property owners had established 42 usc  1983 substantive and procedural dueprocess violations against town officials who arbitrarily denied the plaintiffs request for subdivision approval (E) holding that plaintiffs had claim under 42 usc  1983 against state where state had created an intermediate care facility but placed plaintiffs on waiting list

Ex Output:
holding that a state is not a person under 42 usc  1983


Ex Input:
Corp. v. Theriault, 51 A.3d 1213 (Del.2012). 133 . Id. at 1239. 134 . In re S. Peru Copper Corp. S’holder Litig., 52 A.3d 761, 766 (Del.Ch.2011) ("The parties agree that the appropriate standard of review is entire fairness.”). 135 . E.g., Weinberger v. UOP, Inc., 457 A.2d 701, 710 (Del.1983) ("The requirement of fairness is unflinching in its demand that where one stands on both sides of a transaction, he has the burden of establishing its entire fairness, sufficient to pass the test of careful scrutiny by the courts.”). 136 . See, e.g., Sternberg v. O'Neil, 550 A.2d 1105, 1116 (Del.1988) (noting that statements from Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977), must be "read in context”); Rabkin v. Philip A. Hunt Chem. Corp., 498 A.2d 1099, 1104 (Del.1985) (<HOLDING>). 137 . See In re CNX Gas Corp. S’holders 
 Holding statements: (A) holding that when determining the adequacy of a jury charge an appellate court should look to the record and the closing arguments to place the words of the judge in context (B) holding that in the context of a rule 10b5 claim when the merger was approved and the exchange of securities occurred the owner of stock had in effect purchased a new security and paid for it by turning in his old one (C) holding that court had no supplemental jurisdiction over claim by shareholder for breach of merger agreement that was the subject of the dispute between the merger partners over which the district court had subject matter jurisdiction (D) holding that proper exhaustion of administrative remedies is necessary under section 1997ea (E) holding that it is necessary to take account of the entire context of weinberger 457 a2d 701 when determining remedies in a cashout merger

Ex Output:

holding that when determining the adequacy of a jury charge an appellate court should look to the record and the closing arguments to place the words of the judge in context