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.

Example Input: in the petition no later than thirty days from the day on which the first defendant was served. Id. at 1262-63 (internal citations omitted). As a general premise, under the “first-served rule,” defendants who are properly served within thirty days of the first defendant’s service must join in the removal petition. The “failure to do so renders the petition defective.” Id. at 1262. Under the facts of Getty, however, the application of the first-served rule did not produce an inequitable result. Nonetheless, recognizing the potential for harsh results, other decisions provide that exceptional circumstances may sometimes require relief from strict application of the rule in order to achieve equitable results. See Milstead Supply Co. v. Cas. Ins. Co., 797 F.Supp. 569, 573 (W.D.Tex.1992) (<HOLDING>); Brown v. Demco, Inc., 792 F.2d 478, 482 (5th 
 Holding statements: (A) holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties (B) holding that the defendants filing of a notice of removal before being served by plaintiffs did not render removal defective (C) holding that dismissal of some but not all of the defendants who had been served with complaint is not a final order (D) holding that joinder in or consent to the removal petition must be accomplished by only those defendants 1 who have been served and 2 whom the removing defendants actually knew or should have known had been served (E) holding that the defendants consent to search was voluntary although he had been served with a subpoena
Example Output: holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties

Example Input: in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). Under the Ninth Circuit’s “sliding scale” approach, however, “serious questions going to the merits and a hardship balance that tips sharply toward the plaintiff can support the issuance of an injunction, assuming the other two elements of the Winter test are also met.” Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1132 (9th Cir. 2011). The “sliding scale” approach allows “district courts to preserve the status quo where difficult legal questions require more deliberate investigation.” Greene v. Wells Fargo Bank, N.A., No. C 15-00048 JSW, 2015 WL 3945996, at *1 (N.D. Cal. June 26, 2015); see also Leiva-Perez v. Holder, 640 F.3d 962, 971 (9th Cir. 2011) (<HOLDING>). IY. Analysis . As a threshold matter, the 
 Holding statements: (A) holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted (B) holding that the standard for permanent injunction is the same as that for preliminary injunction with the one exception being that the plaintiff must show actual success on the merits rather than likelihood of success (C) holding that success on a motion to sever requires a strong showing of prejudice (D) holding that under the sliding scale approach a petitioner had made a sufficiently strong showing of likely success on the merits where he presented a case which raises serious legal questions or has a reasonable probability or fair prospect of success (E) holding that injunctive relief may be warranted where there is a particularly strong likelihood of success on the merits even if there is a relatively slight showing of irreparable injury
Example Output: holding that regardless of other factors as to harms a movants likelihood of success must carry at least a fair chance of success on the merits in order to warrant interim relief internal quotation omitted

Example Input: as: “bodily injury which ... involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree”. Colo. Rev. Stat. § 18-l-901(3)(p). Thus, Gonzalez contends the Colorado statute includes a different class of injuries (e.g., fractures) than the MPC. Although Gonzalez cites similar cases supporting his assertions, other case-law cuts against his position. Compare United States v. Calzada-Ortega, 551 Fed.Appx. 790, 792-93 (5th Cir. 2014) (concluding a similar Wisconsin statute was broader than the enumerated aggravated-assault offense), with United States v. Aluya, 590 Fed.Appx. 433, 434 (5th Cir. 2015) (<HOLDING>). Therefore, pursuant to our limited 
 Holding statements: (A) holding on plainerror review an oklahoma statute for assault and battery was equivalent to the enumerated offense (B) holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two (C) holding that virginia domestic assault and battery statute did not qualify (D) holding that the oklahoma statute like the california statute did not qualify as an enumerated offense because it lacked the elements of substantial interference with the victims liberty and risk of bodily injury (E) holding that battery is an inherently included offense of aggravated battery
Example Output:
holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two