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.

Input: Consider Input: improperly removed the action as there is no diversity of citizenship between the parties and the amount in controversy fails to meet the $75,000 threshold. (Dkt. No. 5.) Plaintiff seeks relief in the form of “compensatory, special and general damages in an amount according to proof at trial, but not less than $1,000,000.” (Dkt. No., Ex. A.) Plaintiff further states that the amount of the Note on the property in question is $440,000 (Id.) Accordingly, the Court finds that the amount in controversy requirement is satisfied. The question before the Court is whether, for the purposes of diversity jurisdiction, Wells Fargo is also a citizen of California. See, e.g., Uriarte v. Wells Fargo Bank, N.A., 2011 U.S. Dist. LEXIS 127497 at *9, 2011 WL 5295285 at *2-3 (S.D.Cal. Nov. 3, 2011) (<HOLDING>). But see Flores v. Wells Fargo Bank, N.A. 2012 
 Holding statements: (A) holding that for a domestic corporation the foreign principal place of business does not count (B) holding that the location of a corporations principal place of business for diversity purposes is the state where the corporation has its headquarters or nerve center (C) holding that if a domestic corporations principal place of business is abroad the foreign principal place of business cannot be considered for diversity jurisdiction purposes (D) holding that wells fargo is also a citizen of california where it has its principal place of business (E) holding that for diversity purposes a national bank is  a citizen of  the state of its principal place of business and the state listed in its organizational certificate

Output: holding that for a domestic corporation the foreign principal place of business does not count


Input: Consider Input: of two dates between Ms. Jonasson and Kingsboro in 1988. In its view, the evidence was irrelevant and inflammatory. We cannot say that the district court abused its discretion in denying the motion in limine with respect to this evidence. The court believed that the evidence was relevant and ought to be before the jury because it had the task of evaluating the overall relationship of Ms. Jonasson and Kingsboro. Evidence that is relevant to the background of the case is admissible for that purpose. At the very least, it was not an abuse of discretion for the district court not to exclude this evidence in a motion in limine; the evidence was at least potentially relevant for the purpose the judge identified. See Hennessy v. Penril Datacomm Networks, Inc., 69 F.3d 1344 (7th Cir.1995) (<HOLDING>). LCFS did not object during the trial when Ms. 
 Holding statements: (A) holding that congress intended the courts to apply the civil rights act of 1991 to cases pending at the time of its enactment and to preact conduct still open to challenge after that time (B) holding that the damages and jury trial provisions of the 1991 act apply to conduct occurring prior to the date of enactment (C) holding that conduct prior to passage of the civil rights act of 1991 is admissible to provide context and background (D) holding that section 102 of the civil rights act of 1991 does not apply to preenactment conduct (E) holding that the  1981 amendments contained in  101 of the civil rights act of 1991 do not apply retroactively

Output: holding that congress intended the courts to apply the civil rights act of 1991 to cases pending at the time of its enactment and to preact conduct still open to challenge after that time


Input: Consider Input: among these requirements, “they remain distinct concepts and the courts must take care not to conflate them.” Id. The proponent of expert testimony bears the burden at trial to establish these elements of admissibility. Id. However, a party moving in limine under Daubert to preclude testimony by his opponent’s expert must first make a threshold showing sufficient to indicate that his adversary will be unable to meet his burden at trial with regard to the testimony. See Gottstein v. Flying J, Inc., 2001 WL 36102297, at *1 (N.D.Ala. Aug. 22, 2001); see also Andrew I. Gavil, Defining Reliable Forensic Economics in the Post-Daubert/kumho Tire Era: Case Studies from Antitrust, 57 Wash. & Lee L.Rev. 831, 849 & n.76 (2000); cf. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991) (<HOLDING>). As to the first element, the Eleventh Circuit 
 Holding statements: (A) recognizing that the burden of proof is an essential element of the claim itself and that one who asserts a claim has the burden of proof that normally comes with it (B) holding that the moving party need not support its motion with affidavits or other evidence if the nonmovant will bear the burden of proof at trial (C) holding that once the moving party meets its burden the nonmoving party is obliged to produce evidence in response (D) recognizing that even where a party has the burden of proof at trial that party need not produce proof supporting his claim in response to a motion for summary judgment unless the movant has first presented evidence that would negate an element of the nonmovants claim or indicates that the nonmovant will be unable to meet his burden at trial it is never enough simply to state that the nonmoving party cannot meet its burden at trial (E) holding that to survive a motion for summary judgment a party must make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial


Output: recognizing that the burden of proof is an essential element of the claim itself and that one who asserts a claim has the burden of proof that normally comes with it